1999-01-19 Joint CC/CIC and Special and Regular CC MinutesI 2
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -JANUARY 19. 1999- -6:55 P.M.
Mayor Appezzato convened the Special Meeting at 7:00 p.m.
Roll Call - Present:
Absent:
Councilmembers Daysog, DeWitt, Johnson,
Kerr and Mayor Appezzato - 5.
None,
The Special Meeting was adjourned to Closed Session to consider:
(99-26) Conference with Labor Negotiator; Agency Negotiator:
Human Resources Director and Austris Rungis; Employee
Organizations: Alameda Fire Managers Association - FMA,
International Association of Firefighters, Local #689 -
IAFF, Police Technicians/Animal Control Officer Group.
(99-27) Conference with Legal Counsel - Anticipated Litigation;
Initiation of litigation pursuant to subdivision (c) of
Section 54956.9; Number of Potential Cases: One.
Following the Closed Session, the Special Meeting was reconvened
and the Mayor announced that regarding Conference with Labor
Negotiator, no action was taken; regarding Anticipated Litigation,
direction was given to Legal Counsel.
Adjournment
There being no further business before the City Council, Mayor
Appezzato adjourned the Special Meeting at 7:30 p.m.
Respectfully submitted,
Diane B. Felsch, CMC
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Special Meeting
Alameda City Council
January 19, 1999
MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- - JANUARY 19, 1999- -7:30 P.M.
Mayor Appezzato convened the Regular City Council Meeting at 7:45
p.m. Councilmember DeWitt led the Pledge of Allegiance. Reverend
Jack Buckley, First Presbyterian Church gave the Invocation.
ROLL CALL - Present: Councilmembers Daysog, DeWitt, Johnson,
Kerr and Mayor Appezzato - 5.
Absent: None.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(99 -29) Award of Grand Prize to the Our Town Video Contest Winner
and viewing of the three - minute video.
Mayor Appezzato presented $500 to Tula Asselanis, Grand Prize
winner. Mayor Appezzato also presented certificates of recognition
to the following category winners: Youth Group: Jason Biggs, Will
Blank, Aleca Borsuk and Victor Vazquez for their video "Recreation
in Alameda and Alameda Point "; Under 12 years: Bree Cahill and Beth
and Will Matteucci for "Doggie Tale "; 12 to 18 Years: Jennifer
Palmer for her video "Gonna Win "; Family: The Cull Family for "It
Could Happen "; Adult: Mario Ramirez for his video "Toxic Man "; Class
Room Entry: Heather Camacho, Eric Montel, Diana Nielsen and Matt
Silva for "Skateboarding in Alameda".
Michael Quinine, TCI, awarded a computer to the Class Room Entry
winners.
(99 -30) Councilmember Kerr
attendance at the last Council
she was attending the League of
in Sacramento; stated LCC is
supports.
CONSENT CALENDAR
announced that she was not in
Meeting [January 5, 1999] because
California Cities [LCC] Conference
a strong organization which she
Vice Mayor Daysog moved approval of the Consent Calendar.
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote - 5. [Items so enacted or adopted are
indicated by an asterisk preceding the paragraph number.]
Regular Meeting
Alameda City Council
January 19, 1999
( *99 -31) Minutes of the Special and Regular City Council Meetings
held on January 5, 1999. Approved.
[Ayes: Councilmembers Daysog, DeWitt, Johnson and Mayor Appezzato -
4. Abstention: Councilmember Kerr - 1.]
( *99 -32) Recommendation to adopt Plans and Specifications and call
for bids for Renovation of Building 23, Alameda Point, 2401 Monarch
Street, No. P.W. 03- 98 -04. Accepted.
( *99 -33) Recommendation to accept Performance Report on Alameda
Recycling Company. Accepted.
( *99 -34) Recommendation to accept the Improvements and Release of
Bond for Tract 6226 (Harbor Bay Village V). Accepted.
( *99 -35) Resolution No 13084, "Approving Revised Memorandum of
Understanding and Salary Resolution between the Alameda Municipal
Fire Management Association and the City of Alameda for the Period
Commencing January 1, 1999 and Ending December 31, 2003." Adopted.
( *99 -36) Resolution No 13085, "Approving Revised Memorandum of
Understanding and Salary Resolution between the International
Association of Firefighters Local #689 and the City of Alameda for
the Period Commencing January 1, 1998 and Ending December 31,
2002." Adopted.
( *99 -37) Ordinance Amending the Alameda Municipal Code by Amending
Subsection 21 -15.4 (Collection of Recyclable Materials) of Article
III (Recycling), Chapter XXI (Solid Waste and Recycling) to Allow
Exemption from Curbside Recycling Requirements Under Certain
Specific Conditions. Introduced.
( *99 -38) Ratified bills in the amount of $2,504,137.14.
REGULAR AGENDA ITEMS
(99 -39) Public Hearing to consider a proposed Mitigated Negative
Declaration, IS -98 -9, a Finding of No Significant Impact with
Mitigation Pursuant to the California Environmental Quality Act,
and a proposed General Plan Amendment, GPA -98 -1, to amend Figure _4-
2 (Bikeway /Bay Trail) of the Transportation Element of the General
Plan and adoption of the Bicycle Master Plan;
(22=22A) Resolution No. 13086, "Approving a Mitigated Negative
Declaration, IS -98 -9, for the Alameda Bicycle Master Plan and
General Plan Amendment, GPA-98-1 to Amend Figure 4 -2 of the
Transportation Element." Adopted;
(99 -39B) Resolution No. 13087, "Adopting General Plan Amendment,
GPA -98 -1, to Amend Figure 4 -2 (Bikeways /Bay Trail) of the
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Alameda City Council
January 19, 1999
Transportation Element." Adopted; and
(99 -39C) Resolution No. 13088, "Adopting the City of Alameda
Bicycle Master Plan." Adopted.
Proponents
William Smith, Sierra Club;
John McCabe, Alameda;
Dan Wood, Alameda;
Bill Smith, Alameda;
Lucy Gigli, Alameda; and
Janet King, Bayview Homeowners Association.
Opponents:
Gordon Christopherson, Alameda;
Anthony Pontino, Alameda; and
Rick Freitas, Alameda.`
In response to Mr. Christopherson's comments, the Public Works
Director stated approximately 40 people signed a petition
requesting the connection to the Miller Sweeney /Fruitvale Bridge be
removed from the Plan; the Planning Board added new language to the
Plan to require staff to address the neighborhood's concerns at a
notified public work session; a letter was hand delivered to
residents following the Planning Board Meeting ;' not posting
required signage on Versailles Avenue was an oversight; that he
does not believe there are other errors; recommended Council
approve the Bike Master Plan.
Following Mr. Pontino's comments, Councilmember Johnson inquired
whether the City can use the west side access to cross the Miller
Sweeney /Fruitvale Bridge.
The Public Works Director responded there is concern from the
bicycle community; it is safer to cross on the east side.
Councilmember DeWitt requested the record to indicate that the area
[Miller /Sweeney / Fruitvale Bridge crossing] should be reviewed.
The Public Works Director clarified the Council is approving a
study of the area, not the project.
Councilmember Kerr stated the area on the north end of Versailles
Avenue is a private, screened area not subject to good police
surveillance; when the crossing was open, there were unsavory
gatherings at the end of the street; that she would support not
including re-opening the east side of the opening at this time.
Following Ms. Gigli's comments, Mayor Appezzato stated it looks
like the Plan will go forward with the two changes recommended by
the Planning Board: 1) create access on Bayview Drive rather than
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Alameda City Council
January 19, 1999
I:7
the shoreline, and 2) further review the Nilier Sweeney/Fruitvale
Bridge access.
There being no further speakers, Mayor Appezzato closed the public
portion of the Hearing.
Vice Mayor Daysog stated that he agrees with Ms. King's idea to
enlarge the "no bicycles" signs along the stretch of wetlands behind
Bayview Drive; requested staff to do whatever possible to enlarge
said signs.
Vice Mayor Daysog further stated the City will be addressing the
Miller Sweeney/Fruitvale Bridge matter.
Councilmember Kerr stated bike paths are designated down relatively
narrow streets with parking on both sides; on said streets, a bike
lane could not be installed unless parking was eliminated on one
side, e.g., Sherman Street; requested the Public Works Director to
comment on the matter, including public notice.
The Public Works Director referred said matter to the City's
consultant, Mike Jones.
Mr. Jones, Consultant, stated the Plan identifies Class II and
Class III bike lanes; Class 111 bike routes do not include lanes,
only posted signs; on narrow streets, parking would not be
eliminated.
Councilmember Johnson stated there is not a connection at the
intersection of Tilden Way and Lincoln Avenue; said connection
should be studied; safe access to the Golf Course on Island Drive
should also be studied; that she discussed said matters with the
Public Works Director.
The Public Works Director responded said suggestions would be added
to the Plan.
Councilmember Kerr clarified that Sherman Street is Class 11, which
indicates a bicycle lane.
Mr. Jones stated the goal of the Plan is to put in bike lanes
wherever possible; however, when streets are measured, if bike
lanes do not fit, the fall back is to post signs, at the planning
stage, it is hard to say whether bike lanes will be added; there is
no recommendation to eliminate any on-street parking in the Plan.
Councilmember Kerr moved that Council adopt the Plan [adopt
Resolution Nos. 13086, 13087 and 13088] and the comments and
caveats regarding Miller Sweeney/Fruitvale Bridge access; and
direct staff to hold Public Hearings if there is a proposal to
eliminate parking for bike lanes.
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Alameda City Council
January 19, 1999
Mayor Appezzato inquired whether there are any plans to eliminate
parking, to which the Consultant responded there are no
recommendations to do so; all projects identified in the Plan must
go through public review, preliminary design, and feasibility
studies; [adoption of] the Plan is just the first step to identify
corridors and projects; the next step is to determine what can be
done at specific sites, including involvement of the community and
businesses, and completion of environmental review; there is
another layer of implementation.
Councilmember Kerr clarified that her motion still includes a
requirement for Public Hearings should the elimination of parking
be considered.
Mayor Appezzato suggested staff hold Public Hearings before any
changes are made in any neighborhood, as was done with the Bayview
[neighborhood] group.
Councilmember Johnson inquired whether [the motion] could include
the recommendation that staff explore use of the west crossing on
the Miller Sweeney /Fruitvale Bridge as a priority, rather than
opening up the east crossing.
Vice Mayor Daysog stated although the neighbors® concerns should be
addressed, the City must also be mindful of the convenience of
bicycle riders; the street is very busy.
The Consultant stated bicycle riders are legally required to ride
with the flow of traffic; once across the bridge, bicyclist must
cross to the other side of the street.
Councilmember Daysog stated one solution might be to not open
Versailles Avenue and to have bicyclists travel down Tilden Way.
Mayor Appezzato stated Councilmember Johnson would like the motion
to include study of the entire area [Miller Sweeney /Fruitvale
Bridge].
Councilmember Kerr restated that her motion is [to adopt the
Resolutions]; [to direct staff] to study the Miller
Sweeney /Fruitvale Bridge, a Public Hearing be held before any
action is taken; and Public Hearings be held if there are any
proposals to eliminate street parking.
Vice Mayor Daysog suggested staff share the Plan with BART [Bay
Area Rapid Transit] and AC Transit; stated many transbay buses do
not have bike racks.
Councilmember Johnson seconded the motion.
Under discussion, Mayor Appezzato stated [adoption of Plan] is a
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January 19, 1999
monumental step forward.
On the call for the question, the motion carried by unanimous voice
vote - 5.
(99 -40) Public Hearing to consider Ordinance No. 2788, "Amending
the Alameda Municipal Code by Amending Chapter XIII (Building and
Housing) by Repealing Article I (Building Regulations) in Its
Entirety and by Repealing Section 13 -10 (Unsafe, Dangerous and
Substandard Buildings; Nuisances; Summary Abatement) in Its
Entirety and Adding a New Article I (Uniform Codes Relating to
Building, Housing and Technical Codes) to Adopt the 1997 Edition of
the Uniform Administrative Code, the 1997 Edition of the Uniform
Building Code, the 1997 Edition of the Uniform Code for Building
Conservation, the 1996 Edition of the National Electric Code, the
1997 Edition of the Uniform Plumbing Code, the 1997 Edition of the
Uniform Mechanical; Code, the 1997 Edition of the Uniform Housing
Code, and the 1997 Edition of the Uniform Code for the Abatement of
Dangerous Buildings, and Approving Certain Amendments Thereto; and
by Amending Chapter XV (Fire Prevention) by Repealing Section 15 -2
(Fire Zones) in Its Entirety and by Adopting the 1997 Edition of
the Uniform Fire Code and Approving Certain Amendments Thereto."
Finally passed; and
(99 -40A) Ordinance No. 2789, "Amending the Alameda Municipal Code
by Adding a New Section 13 -9 (Notices and Orders of the Building
Official) to Chapter XIII (Building and Housing)." Finally passed.
Mayor Appezzato opened the public portion of the Hearing.
There being no speakers, Mayor Appezzato closed the public portion
of the Hearing.
Councilmember
DeWitt moved final passage of
Councilmember Johnson seconded the motion.
the Ordinances.
Under discussion, Councilmember Kerr stated section 904.1.1 [of the
Uniform Building Code] requires fire extinguishing systems for new
construction of all buildings, inquired whether residential
buildings are included, to which the Chief Building Official
responded said section only applies to commercial occupancy; under
Exceptions, R -3 occupancies, are included.
On the call for the question, the motion carried by unanimous voice
vote 5.
(99-41) Recommendation to authorize the iMayor to sign letters
encouraging owners at 716 Santa Clara Avenue, 2608 Central Avenue
and 324 Kitty Hawk Road to comply with the Rent Review Advisory
Committee's recommendations regarding rent increases and
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January 19, 1999
2 4
maintenance concerns.
Jerilee Curry, Alameda, stated when she moved into 716 Santa Clara
Avenue January, 1998, her rent was $550; in April, her four
grandchildren moved in with her; in June, her landlord raised her
rent to $625 stating in his report that she moved in 6 other
people; no repairs have been made; the heat only comes on 6 a.m. to
9 a.m. and 6 p.m. to 9 p.m.; her 9 month old grandchild has
pneumonia; there are no smoke alarms; the City inspection
determined there were about 5 Code violations in her apartment; a
private inspection found 50 Code violations; the landlord refused
to fix a broken window claiming that she caused the damage; the
landlord scares her; her rent was unfairly increased; that she
would appreciate the City Council to get the landlord to lower the
rent.
Jafar Azadimani, Alameda, stated the RRAC wrote letters to his
landlord which were ignored; landlords are aware that there is no
rent control; when he moved to Alameda 8 years ago, his rent was
$690, approximately 8 months ago, the rent was increased to $750;
then, rent was raised to $830; six months later, the rent was
increased $120 more; the total increase came to approximately 35%;
there are 50 units in his apartment; 5 or 6 people moved out due to
rent increases; some tenants found roommates to deal with the rent
increase, requested the City Council to respond to increasing rent
in Alameda.
Theresa Long, Alameda, stated that she moved into 716 Santa Clara
Avenue in 1997; when she moved in, there were electrical problems
and cracked walls; the owner agreed to fix said problems and did
not do so, that she has 75 [Code] violations in her apartment; that
she has requested repairs through letters and phone calls; the
landlord has threatened her life; two weeks ago he put a metal pipe
in her face and said he wants her out of his building; that she
received a 30-day [eviction] notice; it is difficult for her to
move because she is on a fixed income and disabled.
Sandra Cotton, 716 Santa Clara Avenue, Alameda, stated there are
problems with heat, water, stench and repairs; the landlord will
only complete repairs if tenants pay; the fees are phenomenal,
e.g., the landlord charges $125 to unstop a bathtub; showed
pictures of water leakage; the landlord tore out the wall and put
up a shower curtain to fix said leak; there is mildew and water
still leaks; that she cannot move because she became disabled on
the job, has a fixed income and credit problems; the City sent a
letter to the landlord November 10, 1998, which stated action would
be taken if corrections were not completed in 30 days and nothing
was done, requested the Council to assist tenants to live decently.
David Hawker, Alameda, stated that he has lived at 716 Santa Clara
Avenue for 12 years; for over 10 years, he has heard horrifying
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January 19, 1999
stories of evictions, threats, accusations and blatant abuse; that
he is pleased with the RRAC's actions and the City's inspections;
however, he is not pleased with the response from the owner who has
rejected any recommendations; it will take an aggressive approach
to bring the building up to standard.
Bill Smith, Alameda, suggested a policy be established to hold
landlords accountable and have the City take a more active role in
preserving the condition of rental properties; submitted a letter
outlining his concerns.
Timothy Shipp, Alameda, stated that he has lived at 324 Kitty Hawk
Road for almost 6 years; when he moved in, the rent was $720;
whenever he requests repairs, the landlord is reluctant; in his
bathroom, tiles were falling off the walls and there were water
leaks; every time repairs were completed, the rent was raised;
there were complaints his children were causing problems around the
building and he no longer allows them to play around the building;
in the past year, his rent has been increased three times; rent was
raised to $790, then to $835, and finally to $975; he cannot pay
the new rent and is being forced to move.
Rich Teske, RRAC Member, stated that he has been on the RRAC since
its inception in 1979; the RRAC has had a tremendous amount of
success; most landlords are willing to mediate and reach an
agreement; over the years, the RRAC has referred three cases to the
City Council; the cases tonight have been referred to the Council
because the landlords are either unwilling to discuss issues or
follow up on RRAC recommendations.
Mayor Appezzato complimented the Committee for its work; stated the
small number of cases presented to the City Council is testament to
the effectiveness of the Committee.
Vice Mayor Daysog stated that he observed the RRAC during
discussions regarding the Bridgeport Harbor Isle Apartments; the
RRAC shows property owners do care; there are many small, fair
landlords whose reputation should not be tainted from these few
larger unit cases; it had been almost 8 years since 716 Santa Clara
Avenue raised rents; however, egregious increases should not be
imposed upon current residents now; bad practices should not be
rubber stamped; that he would like the Mayor to send letters to the
property owners; it is important to send a message that renters
will be treated fairly and have the right to live in dignity in
Alameda.
Mayor Appezzato stated the vast majority of property owners do
care; these cases should not reflect upon the vast majority of
property owners who serve their tenants well
Councilmember Kerr stated in the report on 2806 Central Avenue, a
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January 19, 1999
2
tenant was evicted after habitability complaints; inquired whether
it is legal to evict tenants making habitability complaints, and
why tenants are not directed to legal services to stop these
evictions.
The Acting City Attorney stated retaliatory evictions are unlawful;
suggested staff or the Committee member present address whether
tenants are referred to legal counsel.
RRAC Member Teske stated the [2806 Central Avenue] tenant was
referred to Sentinel Fair Housing and she elected to move out; if
the increase in rent is not paid, the tenant can be evicted for
not paying rent.
By consensus, the City Council moved acceptance the RRAC
recommendation, which carried by the following voice vote: Ayes:
Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato -
5. Noes: None. Absent: None. Abstentions: None.
* **
Mayor Appezzato called a recess at 9:17 p.m. and reconvened the
Regular Meeting at 9:35 p.m.
* **
(99 -42) Recommendation to award Contract to Hornblower Marine
Services for the Alameda /Oakland Ferry Service.
The City Manager stated staff had a brief presentation.
The Public Works Director reviewed the current [Blue & Gold Fleet]
Contract's subsidy; summarized the RF process; stated the Blue &
Gold Fleet [B &G] requested $291,000 additional subsidy or a fare
increase of $0.45; recommended Council award the Contract to
Hornblower Marine Services [HMS]
John Waggoner, HMS President, gave a video presentation
highlighting HMS's services and goals.
Marina Secchitano, Inlandboatmen's Union [IBU], stated that she
obtained a copy of the Proposals and has concerns; B &G has
experience; ferries do not get enough subsidy anywhere; different
ferries receive differing subsidies, e.g. Sausalito receives $3.75
per passenger; Larkspur ferry receives $6.33, the Vallejo receives
$3.90; the Oakland /Alameda Ferry receives $1.25; B &G has back -up
boats, a ferry landing, existing employees and experience; in
November, the RFP was changed to require 2 years experience rather
than 5 years; her records reflect HMS has not been in said business
more than 1 a years; HMS established St. John's River ferry
services July 1, [1997]; HMS does not have the ability to land at
Fisherman's Wharf; HMS may land at Pier 33 which would be
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January 19, 1999
unacceptable; questioned why the current operator would not be
retained if the City could provide additional funds; further stated
the RFP requires boats to accommodate 200 people during commute
[hours] and 350 riders during non- commute [hours]; HMS purchased a
boat which only accommodates 150 people; services could be delayed
due to weather; B&G provided service during the BART Strike and
power outage; during the Treasure Island Jazz Festival, HMS refused
to provide service because they were required to use union crews;
20 people will be displaced; requested matter be referred back to
staff; questioned whether the point system [used to select best
Proposal] included deduction of points for misrepresentation;
stated the difference between HMS and B &G was a mere 4 points; HMS
claims to have been in service for four years; however, they fell
behind in payment to Port of San Francisco $100,000; Blue & Gold
has fast ferries; Blue & Gold has a 693 passenger vessel available
which may take four minutes longer [than HMS ferries]; requested
Council to consider Blue & Gold Fleet and its workers, and
submitted a letter [dated January 19, 1999] to Council.
In response to Mayor Appezzato's inquiry regarding additional funds
needed, Ms. Secchitano stated that she has discussed said matter
with some people in Washington D.C.; riders are willing to pay for
the service; the cost has been kept down for commuters; said matter
should be reviewed further.
Ewart Wetherill, Alameda, stated decision will determine the
success or failure of the Alameda /Oakland Ferry; question is
subsidy against reliability of service; whether retain B &G with an
increased subsidy or select HMS, who have the same service with no
increased subsidy; in his 8 years of riding the ferry, he has been
impressed by the quality of service, provided by B &G which differs
from HMS's record; evaluation should not rest on the lowest bid;
criteria should rest on whether: 1) proposed contract viable for
level of service; and 2) successful bidder has the resources and
resolution to honor commitment.
Bill De La Mater, Secretary, Treasurer and Business Agent, ILWU
Local 75, stated that his union will not be impacted by this
contract; however, all unions present are united in opposition to
awarding the Contract the HMS.
John Gatewood, Oakland, stated that he has commuted on the Ferry
since the BART strike; B &G has provided exemplary, service; workers
are courteous, polite and helpful; awarding the Contract to HMS
because of a short -term gain jeopardizes the goal of expanded
ridership; ridership is increased based on the quality of service;
a December 11 letter assured riders nothing would change; a few
weeks ago, riders received another letter explaining the decision
was made except for the formality of tonight's meeting; riders were
kept in the dark; after reviewing the Proposals, HMS back -up boats
only have a capacity of 150- and 212 passengers; the 5 :20 run this
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January 19, 1999
evening, which was cold and rainy, had just under 200 people on
board; inquired how HMS back -up boats will accommodate increased
ridership in the summer; further inquired whether HMS's plan to
increase comfort, includes retrofitting the Encinal:
Barry Luboviski, Secretary and Treasurer of the Building Trades
Council of Alameda County, requested the Council to hold over the
matter; stated there is not sufficient reason to proceed tonight
without further scrutiny; the right and responsibility for public
agencies to consider labor disputes when awarding Contracts was
established through the Supreme Court, e.g., Boston Harbor Case;
the potential for avoiding labor disputes removes the possibility
of losses or inconvenience to the general public; urged Council to
bring all parties together and come to a resolve, if possible.
In response to Mayor Appezzato's inquiry regarding what Mr.
Luboviski would suggest if staff still recommended the Contract be
awarded to HMS, Mr. Luboviski stated that he is not the primary
party present; other parties are trying to work on the matter from
a number of angles; the parties involved would like to come to an
equitable resolve.
Mayor Appezzato stated the City of Alameda has 11 unions; tonight,
after many years, the City finalized a labor contract with the
firefighters; Alameda is a prevailing wage City.
Brian McDonald, Alameda, stated the B &G has provided excellent
service; there is no guarantee HMS will provide the same level of
reliability and service; inquired why HMS received more points for
owning faster back -up vessels if one of back -up vessels being
purchased by HMS is currently owned by B &G.
[Vice Mayor Daysog left the dias at 10:14 p.m. and returned at
10:17 p.m.]
Mayor Appezzato stated there is no question that B &G is not
providing wonderful service.
Richard Mead, Alameda resident and San Francisco Longshoreman,
stated HMS is against organized labor; when crews are paid wages
below industry standards, there will be picketing and HMS will not
be able to tie up in San Francisco; requested Council to review
HMS's record; stated HMS does not have collective bargaining
agreements and will not take care of their employees; questioned if
prevailing wages are paid, will benefits be paid; stated the
numbers do not add up; HMS's cannot provide the service as cheaply
as their Proposal stated and still pay prevailing wages and
benefits.
In response to Mayor Appezzato's inquiry regarding additional cost
if the Contract was awarded to B&G, Mr. Mead suggested all the
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January 19, 1999
unions present tonight get together and put pressure on Washington
D.C.
Brian McWilliams, President, ILWU, stated wages and benefits were
a hard-won standard for ferry workers; cost-of-living and overhead
increases must be born directly by the service provider because
there is insufficient mass transportation subsidies, B&G operated
the service at a loss; HMS produced a more attractive bid on paper;
however, performance track record of performance, capital
investment and back-up resources should be considered; workers will
be asked to pay, labor costs represented by HMS cannot maintain the
wages, conditions and manning; requested B&G be awarded Contract;
stated this is not a dispute over labor turf, it is about providing
the best service and not asking workers to pay the price.
Mayor Appezzato stated the City Council wants to provide the best
service for the community.
Linda Stephens yielded her time.
Robert Irminger, Inlandboatmen's Union and B&G Employee, stated
most of his concerns have been addressed; inquired why the
experience requirement was reduced from 5 years to 2 years and
whether any parties lobbied for said change.
In response to Mr. Irminger, the Public Works Director stated staff
was not lobbied to have the RFP changed; staff revised the
requirement to open the RFP process to all operators.
C. Billington, Inlandboatmen's Union Safety Representative, stated
HMS is $37 short on crew costs; [selecting HMS] is choosing
economics over safety; the first Wednesday every month, B&G
conducts safety meetings; crews are constantly trained, e.g., first
aid and CPR; B&G has spent thousands of dollars to make vessels
safe.
Frank Whitman, ILWU-IBU, stated B&G has a proven track record; a
friend worked as a waiter for HMS and was told he could work his
way up, after four years, he was still a waiter, HMS will hire
young people, lead them to believe they will have great futures and
not follow through, B&G has seasoned employees.
Frank Murray, Professional mariner, stated workers quality of life
will change; HMS increased earning in Jacksonville by cutting wages
and benefits, HMS does not pay decent wages; cities, e-g-, Oakland
and San Jose, have passed living wage ordinances; the City might
end up paying hospitals bills, if benefits are not paid by the
employer.
Ty Willis, IBU, stated there is too much traffic; the future seems
to be waterways; recently there was a fire on a dinner dance boat;
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January 19, 1999
26
a passenger, who was a Fire Lt., put out the fire; an employee
suggested passengers put on life vests, however, there were none.
Kevin Kearney, City Auditor, stated the main issue is the $291,000
subsidy; HMS does not seem to have experience; B&G provides
excellent service; inquired what changing a Contract, when
ridership has been happy, says to other vendors; the low bid may
save up-front money; however, safety and satisfaction of ridership
may become issues; if Council perceives it is important to keep
service, the question is identifying funds in the budget; $291,000
is not insurmountable; raising ferry fares is an alternative; the
process has not been handled well; options have not been explored;
the ridership has been left out of the loop.
Mayor Appezzato stated if $291,000 were taken from other projects,
or fares were raised, the Chambers would be just as full.
The City Auditor said someone needs to make the value judgement.
Kelly Kearney, Alameda, inquired whether money could be raised by
putting advertisements on the boat; stated that she is concerned
the City has not taken the ferry riders into consideration; letters
from the Public Works Department have been contradictory; the most
qualified vendor would be the current provider or a real ferry
service provider, not a dinner yacht company; that she is not
convinced the RFP was worked out correctly; Council should compare
HMS & B&G Proposals again.
Mayor Appezzato requested staff to confirm that B&G took over
contract from Red & White, to which staff responded in the
affirmative.
Jon Anderson, Marine Engineers Beneficial Assoc., stated the
federal government knows more freeways cannot be constructed and is
dedicated to establishing ferry service; the City needs to fight
for its piece of the pie in Washington D.C.; great things on paper
are not always the best in reality; in Michigan, when a Contract
was awarded to the best Proposal, a captain hit a bridge 4 times,
ran the ship aground, ripping a 100 foot cut in the hull; unions
have collective training programs; it is expensive to maintain
skilled maritime laborers; there is a world shortage of said
laborers; $291,000 is less than one casualty.
Melissa Parlee, Alameda, stated that she gets to work on time
because of B&G; the crew is welcoming; the ferry is one of the
nicest things about living in Alameda.
In response to Mayor Appezzato's inquiry regarding paying a higher
fee, Ms. Parlee responded that she would pay an additional $0.45;
the service is worth it; the fact that riders are out on a rainy
night says that.
Regular Meeting
Alameda City Council
January 19, 1999
David Connolly, Sailors Union of the Pacific, yielded his time.
Judy Goff, President of Central Labor Council of Alameda County and
Alameda resident, stated many union members rely on ferry for
commuter transportation; the Blue Ribbon Task Force is studying
expansion of ferry service and will address funding issues; of the
three companies who submitted proposals, one is a non - union carrier
with a reputation for resisting organized labor; non -union company
with lower Proposal; HMS and unions are talking, which is a start;
however, relationship is not completely secure; a non -union company
should not be established; time should be given to allow discussion
between unions and HMS, unions want assurances that area standards
will not be undercut, propose Council defer the matter; further
stated questions and concerns have been raised regarding safe
adequate transportation, area standards should not be eroded to
save passenger fare; collective bargaining agreements establish
area standards for wages, job security for employees, manning
standards, and safety committees; the Central Labor Council was in
opposition [to awarding Contract to HMS]; however, the process
needs to be continued before final conclusion can be made; the Port
of Oakland held over the matter to allow exploration of labor
matter.
Mayor Appezzato inquired why the Port of Oakland held over the
matter, to which Ms. Goff responded the Port decided the City is
the primary party; the matter was tabled to allow time to address
[labor] concerns.
In response to Mayor Appezzato's inquiry whether unions would be
present if HMS was a union company, Ms. Goff stated there is a
concern that area standards be maintained, the crew be taken care
of and passengers satisfied; ferry services are expanding.
Mayor Appezzato stated ferry service must continue after April 1st.
David Kramer, Member, Oakland Board of Port Commissioners, stated
that he is not here to speak for the Port; that he moved the Port
of Oakland to table the matter at the Commission meeting; the
Commission wanted to provide more time to allow the parties to
reach a resolution; there may be a way for all interests to be met.
In response to Vice Mayor Daysog's inquiry regarding limitations on
employees' raise structures, Ms. Goff stated when collective
bargaining units are in place said matter has to be dealt with
between the union and the company; workers cannot be expected to
take a lower standard of living because passengers do not want a
fare increase; there is a benefit to ferry service.
Tom Commins, IBU, inquired whether the $291,000 would be shared
between the City of Alameda and the City of Oakland.
Regular Meeting
Alameda City Council
January 19, 1999
Mayor Appezzato stated if there were $150,000 surplus in the City
of Alameda's budget, a skate park would be built, the Veterans'
Building would be repaired, and sidewalk maintenance and tree
trimming would be completed; the City is mostly residential; fees
and taxes cannot be raised except by a two - thirds vote.
Barry Luboviski requested to address the Council again; urged
Council to hold over the matter to allow interested parties to
continue discussions.
In response to Councilmember Kerr's inquiry regarding the Labor
Council pressuring the City and County of San Francisco for funds,
Mr. Luboviski stated if a week is given to convene parties, there
can be effective negotiations and assessments of what is realistic;
that he is concerned there not be a rush to judgement.
Councilmember Kerr noted that her question had not been addressed.
M. J. Dunlap, Operating Engineers Local #3, stated there are
concerns even if HMS was union; the RFP criteria was revised;
questioned why years of experience are required; that he, does not
want to see the City set a precedent of changing RFPs ;; said
practice gives the message that companies can lowball, negotiate a
deal and make promises without demonstrating ability in the past;
HMS will end up being union or will not land in San Francisco; HMS
came in with a lower rate because workers will take a smaller piece
of the pie.
* **
(99 -43) Vice Mayor Daysog moved that Council table the ferry
service matter for a moment to address the remaining three agenda
items [paragraph nos. 99 -44, 99 -45, and 99 -46].
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote 5.
* **
Joe Fitzgerald, Alameda, yielded his time to speak.
Lisa Zener, Alameda, stated in a sleepy seaside town on the East
Coast, a HMS ferry landed in the harbor with a helicopter following
it to film the ship; the noise was not wanted; that she does not
trust HMS; B &G has made a commitment to ferry riders and provides
reliable service.
In response to Mayor Appezzato's inquiry regarding fare increases,
Ms. Zener responded that she would pay more to have the people
[B &G] operate the boat.
Sharon Page Ritchie, Oakland, stated that she has been pleased with
Regular Meeting
Alameda City Council
January 19, 1999
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there is assurance B &G will continue service.
Vice Mayor Daysog agreed with the Mayor, and stated perhaps
Councilmember Johnson or Councilmember DeWitt could work with
Mayor Appezzato.
Councilmember Kerr stated that she would support delegating
negotiations to the Mayor and Councilmember Johnson; and, in
addition, a Special Council Meeting should be called to review the
RFP.
Councilmember DeWitt stated that he was not ready to vote on
holding the matter over; Council has not decided what it is going
to do if the matter is delayed; and questioned whether Council was
going to change the parameters and requirements.
Councilmember Kerr stated that she has serious problems with the
recommended service going to Pier 33 only; a great percentage of
the passengers do not get off at the Ferry Building, they ride on
to Fisherman's Wharf in mid -day trips and on weekend trips; the
tourist industry needs to continue to be serviced to support the
mid -day trips; and she is suggesting a [Special] Council Meeting, to
review how many points were awarded to what; she is also concerned
about the weight given to the backup vessels, because HMS has two
very small backup vessels with very low carrying capacity; B &G
service was impressive during the power outage and emergencies; and
she would like a [Special] Council Meeting, before Mayor and
Councilmember Johnson negotiate.
Councilmember DeWitt stated that he presumes HMS is making, some
financial commitments; for Council not to make a decision [this
evening] , may create some difficulties for them; if Council does
not like HMS's Proposal because there is not enough backup service,
Council could just vote against it; questioned what two weeks
[delay] would do to solve a backup vessel problem; questioned what
two more weeks would do for the Pier 33 matter; stated unless there
are specific reasons for putting the matter over for two weeks,
Council would be just delaying the decision and would have to go
over the matter all over again. Councilmember DeWitt further
stated that the union problem might be of importance; as a
Councilmember he is responsible to Alameda ferry riders and the
prices paid by riders; labor relations are up to the employer; the
employer must deal with the union and the employees, not the City
Council; that he does not see where the information provided in
the RFP is going to be changed that much; and again questioned what
the City is going to do if the matter is held over.
Mayor Appezzato responded the extra time would
leaders feel more comfortable.
the labor
Vice Mayor Daysog agreed with Mayor Appezzato; stated discussions
Regular Meeting
Alameda City Council
January 19, 1999
tailored to tonight's comments would be of use, especially in
regard to the labor relations.
Mayor Appezzato stated that he has a larger issue: where the Port
and City of Oakland stand; those two entities did not deal with the
issue today.
Councilmember Kerr stated information on ferry riders' ideas on
fares is missing; Alameda has two ferry services; City subsidizes
the East End ferry service by a factor two or three times greater
per passenger trip of the subsidy given to the West End ferry
service; both ferry services should be reviewed; the West End ferry
riders should not be charged a higher passenger trip fare, when
subsidy per passenger trip is so much lower than it is for the East
End ferry service.
John Waggoner, HMS, stated HMS knew labor was going to be a big
issue; until HMS has a Contract, employees cannot be hired; until
employees are hired, HMS cannot bargain with those employees
without breaking the law; HMS will give priority hiring to all
current Blue and Gold employees; forty applications have been taken
over to B &G; as Mr. Shipway stated, HMS's understanding, from
speaking with its Legal Counsel, is that if HMS hires over 50% of
the employees needed for this run from current Blue and Gold Fleet,
HMS becomes a successor employee, and HMS automatically recognizes
[International Organization of] Masters, Mates & Pilots, and can
negotiate in good faith.
Vice Mayor Daysog moved to empower Mayor Appezzato and
Councilmember Beverly Johnson [to negotiate].
Mayor Appezzato responded that Councilmember Johnson and he could
assist but could not supplant the City Manager and staff from
proceeding with all the details; he and Councilmember Johnson can
be of assistance by talking with the political- and Port leaders;
if necessary, the City Manager could bring Councilmember Johnson
and him 'in; Councilmember Johnson and he should not be the prime
negotiators; and with the City Council's authority, Councilmember
Johnson and he could get involved in other appropriate areas.
Bill Taylor, HMS Legal Counsel, Law Offices of Hanson, Bridgett,
Marcus, Vlahos & Rudy, San Francisco, asked if $291,000 is found
during the discussions, whether the funds would used to subsidize
the B &G service and B &G would keep the Contract, thereby
withdrawing the bid and starting over.
Mayor Appezzato responded that he was not suggesting any such
thing; that Council is holding the matter over, period.
Bill Taylor, HMS Legal Counsel, stated holding the matter over to
look for other alternatives within the framework of the current
Regular Meeting
Alameda City Council
January 19, 1999
Request for Proposal and current recommendation, would change the
whole ball game.
Mayor Appezzato stated there are two major issues: 1) a courtesy to
labor who has raised issues about union negotiations, prevailing
wages, hiring of union workers, and whether HMS would accept the
union(s); and, 2) the Port Commission putting the matter over; that
he would like to know where the Port Commission and City of
Oakland stand on the matter; he has not had any discussions with
them; it is not appropriate for him to have such discussions
until authorized by the City Council, which he hopes is received
this evening; and it is not his intent to start negotiating with
B &G and/or HMS.
Vice Mayor Daysog stated discussion(s) would provide an opportunity
to gather information on making up the $291,000 shortfall, which
could help out Blue & Gold; absent that, discussion(s) would focus
on raising [fares by] 45 cents.
Mayor Appezzato stated there are a couple of concerns that might be
answered tonight, for example, landing(s) at Fisherman's Wharf and
the Ferry Building, and capacity of backup boats; appears there is
support to hold the matter over; a two -week delay would demonstrate
the City cares, there is a need to come to some kind of resolution
so everyone has input, Council should not go forward with a
decision [tonight] and later be accused of being unfair; everyone
should be convinced the City is doing the right thing.
Councilmember Kerr inquired whether a Special Council Meeting
should be called or whether Councilmembers should submit items for
consideration in writing.
Mayor Appezzato responded that a Speciai Council Meeting would be
unnecessary.
Councilmember Kerr commented B &G passengers have indicated that a
faster service in not necessary, and stated ferry riders should be
given an opportunity to provide feedback during the two -week delay.
Councilmember Johnson stated better information from the passengers
would be helpful.
Marina V. Secchitano, Regional Director, Inlandboatmen's;Union of
the Pacific, stated, for the record, that Inlandboatmen Union's
position is workers hired will have the opportunity to select the
union of their choice.
Mayor Appezzato stated there would
Councilmember Johnson seconded the motion.
be
another
Regular Meeting
Alameda City Council
January 19, 1999
public hearing.
Under discussion, the Public Works Director stated staff would
gather more information on backup vessels and access to Pier 33
[39].
Mayor Appezzato interjected that there are a lot of letters and
comments this evening; staff should address all of the issues,
including the most important one - -union matters; and the staff
recommendation may still be to award the contract to HMS.
The Public Works Director stated staff would address labor
relations.
Mayor Appezzato stated backup boats and landing(s) should be
addressed also.
Councilmember Kerr stated staff should address any memos received
from Councilmembers too.
Mayor Appezzato added staff should get information from the ferry
riders.'
The Public Works Director stated, for clarification purposes, the
City cannot negotiate the $291,000 with B &G because of the RIP
Process; the City can only negotiate with HMS; and staff is unable,
at this point, to follow through on Vice Mayor Daysog's suggestion.
Mayor Appezzato stated there had been comments HMS is underbidding,
and some unanswered questions should be answered: if there is no
fee increase and /or subsidy, will there be a request for a fare
increase a year from now ?; what is the vision of HMS a year from
now?
Vice Mayor Daysog stated that with respect to the comment by the
Public Works Director as to Council's inability to negotiate with
B &G over the $291,000, it would be wonderful if the discussions
could develop a framework of negotiating elements, agreed upon, by
the Port of Oakland, Alameda and others.
The Public Works Director stated staff would seek the City
Attorney's advise on the matter.
Vice Mayor Daysog stated the City Attorney could report to
Council.
he City
Mayor Appezzato stated the ferry service contract is too important
for Council to rush into; if it takes more than two weeks, Council
may need to consider calling a Special Council Meeting; Council is
doing the best job possible and without favoritism; and that there
have been no allegations that this Council [as a body] has done
anything improper.
Regular Meeting
Alameda City Council
January 19, 1999
On the call for the question, the motion carried by unanimous voice
vote - 5.
(99 -44) Resolution No. 13089, "Authorizing Application for Fiscal
Year (FY) 1998/99 and FY 1999/2000 Bicycle Lane Account (BLA) Funds
for Bicycle Projects, No. P.W. 01- 99 -01." Adopted.
Vice Mayor Daysog moved adoption of the Resolution.
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote 5.
(99 -45) Ordinance No. 2790, "Reclassifying and Rezoning Certain
Properties within the City of Alameda by Amending Zoning Ordinance
No. 1277, N.S., for that Property Located at 2809 Encinal Avenue."
Finally passed.
Councilmember Kerr moved final passage of the Ordinance.
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote - 5.
(99 -46) Ordinance No. 2791, "Approving and Authorizing the Sale
of City -owned Property East of 3274 Fillmore Street to Brian Pak
Wai Yip and Kitty Chui Yip." Finally passed.
Councilmember DeWitt moved final passage of the Ordinance.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote 5.
ORAL COMMUNICATIONS, NON - AGENDA
(99 -47) Ann Mitchum, Alameda, commented on the value of
implementing the Ad Hoc Homeownership Committee's goals; encouraged
swift action.
(99 -48) Bill Smith, Alameda, commented on affordable housing and
landlords not maintaining property.
COUNCIL COMMUNICATIONS
(99 -49) Mayor Appezzato stated that he met with Debra Arbuckle
who submitted a petition requesting to be included in all areas and
discussion regarding the Alameda Beltline; requested staff make
sure Ms. Arbuckle is privy to information and involved in the
process.
(99 -50) Mayor Appezzato stated Richard Neveln suggested the City
form an Alameda Public Transit Commission; stated another
Commission is probably not needed; however, staff should review
Regular Meeting
Alameda City Council
January 19, 1999
whether the City has a group which can deal with Alameda public
transit without forming a new Commission.
Councilmember DeWitt stated the City has traffic and public transit
issues; suggested formation of a Subcommittee of existing Boards
and Commissions; stated the Economic Development Commission has
handled transportation issues; that he likes Mr. Neveln's
suggestion to place a Councilmember on said Committee.
(99-51) Mayor Appezzato stated the City Attorney sent a memo
regarding preferential hiring of Alameda residents; it seems
difficult; inquired whether the City can identify a basis to
establish preferential hiring; stated other cities have implemented
said practice; however, if Alameda cannot identify a method to
implement preferential hiring, it should be clearly expressed.
(99-52) Vice Mayor Daysog stated that he has received phone calls
regarding speeding traffic on Maitland Drive; requested the City
Manager to provide him with past reports on said matter, including
anything in the General Plan regarding Maitland Drive.
(99-53) Vice Mayor Daysog stated there is gang graffiti on the
300 block of Lincoln Avenue; requested information on how the City
responds to graffiti, e.g., any previous memos on matter; stated
that he will transmit said information to residents in the area.
ADJOURNMENT
There being no further business, Mayor Appezzato adjourned the
Regular Meeting at 12:28 p.m.
Respectfully submitted,
4me
Diane B. Felsch, C
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Regular Meeting
Alameda City Council
January 19, 1999
MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND
COMMUNITY IMPROVEMENT COMMISSION MEETING
TUESDAY- -JANUARY 19, 1999- -7:15 P.M.
Mayor /Chair Appezzato convened the Special Joint Meeting at 7:30
p.m.
Roll Call -
Present: Councilmembers /Commissioners Daysog,
DeWitt, Johnson, Kerr and Mayor /Chair
Appezzato - 5.
Absent: None.
The Special Joint Meeting was adjourned to Closed Session to
consider:
(CC/99 -28)
(CIC /99 -08)
Conference with Real Property Negotiator; Property:
Fleet Industrial Supply Center and Alameda Point;
Negotiating Parties: City of Alameda, Community
Improvement Commission, Catellus Development
Corporation and Alameda Reuse and Redevelopment
Authority; Under Negotiation: Price and Terms.
Following the Closed Session, the Special Joint Meeting was
reconvened and the Mayor /Chair announced that direction was given
to the real property negotiator.
Adjournment
There being no further business, Mayor /Chair Appezzato adjourned
the Special Joint Meeting at 7:35 p.m.
Respectfully submitted,
D ane B Felsch, CMC
City Clerk; Secretary, Community
Improvement Commission
The agenda for this meeting was posted in accordance with the Brown
Act`.
Special Joint Meeting
Alameda City Council and
Community Improvement Commission
January 19, 1999