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1996-08-06 Minutes4) AstXig MINUTES OF THE SPECIAL MEETING OF THE ALAMEDA CITY COUNCIL AUGUST 6, 1996, 6:45 P.M. The meeting was convened at 6:45 p.m. with President Appezzato presiding. ROLL CALL - PRESENT: Councilmembers Arnerich, DeWitt, Lucas, Vice Mayor Mannix and President Appezzato - 5. ABSENT: None. (96-411) Adjournment to Closed Session to consider: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (54956.9) Pending Litigation pursuant to subdivision (a) of Section 54956.9. Name of Case: In re to Harbor Bay Isle Associates Bankruptcy. Following the Closed Session, President Appezzato announced that Council, by unanimous voice vote, directed staff to file an Approval of the Bankruptcy Plan for Harbor Bay Isle Associates with the Court. ADJOURNMENT President Appezzato adjourned the meeting at 7:00 p.m. Respectfully submitted, D NE B. FELSCH, CMC City Clerk The agenda for this meeting was posted in advance in accordance with the Brown Act. Special Meeting Alameda City Council Closed Session 6:45 p.m., August 6, 1996 22 MINUTES OF THE SPECIAL MEETING OF THE ALAMEDA CITY COUNCIL AUGUST 6, 1996, 7:29 P.M. The meeting was convened at 7:48 p.m. with President Appezzato presiding. ROLL CALL - PRESENT: Councilmembers Arnerich, DeWitt, Lucas, Vice Mayor Mannix and President Appezzato - 5. ABSENT: None. (96-412) Presentation of Certificates and proclamation by the Mayor to the Alameda Little League 11/12 All Stars, Winners of the Northern California Division 1 Little League All Star Championship. President Appezzato read the Proclamation and presented Certificates of Recognition to Team members and coaches. Karen Bradley, Assistant to the Chief Financial Officer of Ascend Communications, presented the Team with a $2,000 check, and stated that they would match each dollar raised by the Team. President Appezzato presented a check for $100 to Karen Bradley. Councilman Arnerich stated that the Alameda Elks Club would be donating $300 or more. Earl Peacock and Cal Santare each donated $1,000. ADJOURNMENT President Appezzato adjourned the Special Council Meeting at 8:00 p.m. Respectfully submitted, ANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted in advance in accordance with the Brown Act. Special Meting Alameda City Council 7:29 p.m., August 6, 1996 225 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AUGUST 6, 1996 The meeting convened at 7:40 p.m., following the Special Community Improvement Commission Meeting, with Mayor Appezzato presiding. The Pledge of Allegiance was led by Councilman Arnerich. Reverend Clark Flesher, First Baptist Church, gave the invocation. ROLL CALL - PRESENT: ABSENT: Councilmembers Arnerich, DeWitt, Lucas, Mannix and Mayor Appezzato - 5. None. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY (96-413) Presentation of a Certificate of Appreciation to Ray Jordan for outstanding service to the community. (Mayor Appezzato) Mayor Appezzato presented a Certificate of Appreciation to Mr. Jordan for his quick action in rescuing 12 victims from the San Francisco Bay on July 4. (96-414) Presentation of an Award to the City of Alameda from Alameda County Congestion Management Agency for Pacers Pay per Trip Program. Gus Morrison, Mayor of Fremont and Chair of the County Congestion Management Agency, stated that the cities Of Alameda and Pleasanton performed in exemplary manner in developing and implementing programs to get people out of their cars; and he presented the Award. (96-415) Gail Wetzork, Alameda, stated that he had the privilege and honor to be a competition official for track and field at the Centennial Olympics in Atlanta, Georgia; and he presented a small token of the Celebration to each member of the Council. CONSENT CALENDAR President Appezzato stated that the following items were pulled from the Consent Calendar for discussion: (96-425) Report regarding Request for Proposal for Citywide Financial Management System, and (96-426) Report regarding Community Development Block Grant Action Plan. Councilmember Lucas moved approval of the remainder of the Consent Calendar. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. Minutes Regular City Council Meeting August 6, 1996 1 226 Items so enacted or adopted are indicated by an asterisk. (*96-416) Minutes of the Regular and Special City Council Meetings of July 2, 1996. Approved. (*96-417) Report from Finance Director transmitting Quarterly Investment Report for period ending June 30, 1996. Accepted. (*96-418) Report from Finance Director transmitting Quarterly Sales Tax Report for period ending June 30, 1996. Accepted. (*96-419) Report from Fire Chief recommending approval of Agreement for Emergency Ambulance Service for Alameda Naval Air Station. Accepted. (*96-420) Report from Public Works Director recommending the adoption of Plans and Specifications and authorization to call for bids for Driving Range Improvements at the Chuck Corica Golf Complex, No. P.W. 06-96-10. Accepted. (*96-421) Report from Public Works Director recommending approval of Assignment of Agreement between the City of Alameda and Pacific Union Ventures, Inc. for Construction Management Services for the Alameda City Hall Renovation Project. Accepted. (*96-422) Report from Community Development Director recommending waiver of Planning and Permit fees for 2103 Lincoln Avenue. Accepted. (*96-423) Resolution No. 12804 "Authorizing Agreement with Caltrans for Traffic Systems Management/Flexible Congestion Relief Funds for Design and Construction of I-880/23rd Avenue Off-Ramp Improvements." Adopted. (*96-424) Ratified the Bills in the amount of $3,319,875.21. (96-425) Report from Finance Director recommending authorization to issue a Request for Proposal (RFP) for Citywide Financial Management System. Following the remarks of Earl Peacock, the City Manager and Finance Director explained why a more efficient computer system was necessary. (96-426) Report from Community Development Director recommending adoption of Amendment No. 1 to the FY 1996-97 Community Development Block Grant Action Plan. Don Bergen, Alameda, stated that people should help themselves and not depend upon the taxpayers. Minutes Regular City Council Meeting August 6, 1996 2 227 Councilmember DeWitt moved acceptance of the report and recommendation. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. REGULAR AGENDA ITEMS (96-427) Presentation by Robert Stockwell, Inter-Governmental Relations Manager for the San Joaquin Regional Rail Commission, on the proposed Altamont Express Commuter Rail Service. (Mayor Appezzato) Mr. Stockwell stated Council was a voting member of the Congestion Management Agency; that the proposed rail service would provide the first new commuter rail service to link San Joaquin County, the Valley's counties, 580 Corridor and Santa Clara County; and that the rail service would be compatible with Bay Area Rapid Transit, the San Jose light rail system, and AC Transit. Mr. Stockwell also discussed funding and operating costs. In response to Councilmember Lucas, Mr. Stockwell stated part of the investment would go toward track improvements; the trip from Stockton to San Jose would be less than two hours; and the regular fare would be 10 cents per mile. In response to Vice Mayor Mannix, Mr. Stockwell stated fare revenues had been carefully estimated low, and the distribution formula would be based on shares. Councilman Arnerich stated Alameda has been paying millions of dollars over the last 25 years to support Bay Area Rapid Transit, Alameda does not get direct service, and that he wondered if Alameda would be assessed the same as cities receiving direct rail service. Mr. Stockwell stated that there was no anticipation of requesting individual cities not served by the service to contribute. (96-428) Report from Public Works Director recommending authorization to perform signal and striping modifications at Otis Drive and Westline Drive. (Held over from July 16, 1996 Council Meeting). (Councilman Arnerich) President Appezzato announced that this matter would be heard at another time. Minutes Regular City Council Meeting August 6, 1996 3 228 (96-429) Report from Public Works Director regarding proposals received to provide Residential Recycling and Green Waste Service in Alameda, and Request For Authorization to negotiate a contract with the selected service provider. The Public Works Director explained federal and State recycling mandates; stated that there were currently four proposers; the City was not obligated to select the company with the lowest cost; based upon analyses, staff concluded BFI and Waste Management Alameda County were the best proposals; Waste Management Alameda County had a significantly lower cost than BFI; and that the recommendation is to allow staff to continue negotiations with Waste Management to cut the cost even more. President Appezzato inquired how the services would pertain to residences without green waste, such as multi-family residences and developments. The Public Works Director responded that the matter would be negotiated with the company selected. Ed Lee, Casitas Development resident, questioned the term "negotiation," as it relates to service for multi-family residences and developments. The Public Works Director responded that there would be subscription services for larger developments. Don Roberts, Alameda, stated that the definition of "single-family" should eliminate the inclusion of townhouse condominiums and small apartment buildings; and most small townhouse condominiums do not need green waste service. Mr. Roberts also spoke in opposition to the proposals for three curbside bins and curbside garbage collection. The Public Works Director responded that some points raised by Mr. Roberts would be answered during final negotiations; that the City's intention is to be as fair as possible; that rules will be established for developments which need to be treated differently; and that the ways to cut cost are single-pass trucks, curbside garbage pick ups, garbage- and recycling pick ups one week, and garbage- and green-waste pick ups the next week. In response to Councilman Arnerich, the Public Works Director stated that the contract would provide provisions for the frail and elderly. Minutes Regular City Council Meeting August 6, 1996 4 Teri Chalmers, General Manager, San Leandro Recycling (SLR), stated that there is an error in the rate comparison chart included in the staff report; that San Leandro Recycling's rate for service is $6.02 per month; that compared to the Waste Management proposal, SLR's proposal reflects a savings of $750,000 over the life of the contract; in the original proposal, SLF was the lowest bidder and staff recommended Council negotiate with SLR; SLF is not even on the short list now; and SLF believes it remains the lowest responsible bidder, and requests Council to advise staff to negotiate with them. Peter Smith, Attorney representing California Waste Solutions (CWS), stated that staff's analysis seems to infer only large corporations should be considered now; the Request for Proposals (RFP) did not mention only large corporations, or negotiating garbage and recycling contracts with Waste Management, Inc.; if that is the case,. RFP was fundamentally misleading and unfair to his client. Mr. Smith further stated that the (proposed] contract is not so large that it mandates the resources of a multi- national corporation; City staff appears to be recommending a course of action based upon the principle of relative superiority; and that favoritism appears to be the case. The City Attorney stated that Alameda is a Charter City and not governed by the Public Contract Code; the City Charter does not require a bid in this situation; that a Request For Proposals (RFP) is appropriate; the contract does not have to go to the lowest responsible bidder; and the criteria for selection was set forth in the RFP. Mr. Smith responded that the rights for his client - -to rely on fairness and the criteria set forth in the RFP - -are substantive rights that cannot just be taken away at this point in the process. Paul Rottenberg, California Waste Solutions, Inc., Oakland, stated that City staff changed course; that City 'staff wants to negotiate with Waste Management to get the price down, if wrapped up with the garbage contract; and City staff criticized subjective things. In response to Councilmember Lucas, Mr. Rottenberg discussed California Waste Solutions, Inc.'s rates and payment provisions. Dave MacDonald, Executive Vice President, Waste Management of Alameda County (WMAC), stated that customer service is the highest priority of Senior Management and staff; WMAC agrees with the evaluation results and City staff's recommendation on this item; that through the negotiation process, WMAC will be able to provide the City with a comprehensive program at favorable prices; and WMAC looks forward to a long -term and valued relationship with Alameda. Minutes Regular City Council Meeting August 6, 1996 5 2 1) Barbara Kerr, Alameda, stated that she hopes older apartment building owners will not be required to produce documentation sufficient to get a blue card--the card for disabled--to be excused from extra payment for backyard pickups. Ms. Kerr further stated that individuals with County-supplied composting bids and without any need for recycling services should not be required to subscribe. Public Works Director stated that matter will be worked into negotiations. Don Bergen, Alameda, stated that he hopes Council will give the little guy a chance; e.g., San Leandro Recycling or one of the others. Councilmember Lucas stated that she will not vote to give the contract to the third highest price; Alameda's households need to be protected and pay the lowest possible price; points regarding renegotiating garbage service are good ones, people who bring their garbage to the front should receive a discount, and the matter negotiated with Alameda County; and she would like to encourage the small local company. President Appezzato stated that he was concerned that the garbage side of the contract [with WMAC] had entered into the process. The Public Works Director explained why Waste Management of Alameda County's proposal was so much higher than the others. Marge McLean, Public Works Department, stated, in response to President Appezzato, that the prevailing wage had been an issue of concern; the labor rates by CWS are far below the labor rates as proposed by BFI and Waste Management; and that CWS will be giving a wage increase which will result in higher rates. Ms. McLean further discussed cost differentials and the effect of wage increases on rates. Councilman Arnerich stated that he was not happy with the report; and Council has not been informed properly; and he will not vote on the matter this evening. Vice Mayor Mannix stated that Council or staff perhaps was remiss in not temporarily reinstituting the Recycling Committee to do some of the screening; that curbside pick-ups would be a disservice to City's disabled citizens; a single-family residence, developments, and subscriptions must be defined and put in writing; Council's mandate is to minimize cost to citizens; and he is inclined to go back to the [drawing] board. Minutes Regular City Council Meeting August 6, 1996 6 President Appezzato stated the issue is very complex; that he is concerned the price before Council may not be the price in six months; he is concerned about prevailing wages; it is Council's policy to pay prevailing wages and needs to be factored; and maybe it is time to have a committee of five citizens with technical expertise appointed to address the issues, assuming current contract can be extended. Councilman Arnerich stated that the committee could meet with staff and put together a more comprehensive report: President Appezzato stated Council could charge the committee with going into the communities that the four companies work, and reporting back to the City Council with a recommendation. Councilmember DeWitt moved that the City Council establish a committee to review said proposals. Vice Mayor Mannix seconded the motion, and requested that said motion include a termination date for the Committee. Councilmember DeWitt agreed to amend his motion accordingly. Under discussion, Councilmember Lucas stated that the City does not require other City contractors to pay prevailing wages, and it may not be an absolute requirement. President Appezzato stated that the matter could be looked at by the Committee, including whether wages can be used to raise rates after Council awards a contract. President Appezzato stated he would like to see a penalty in the contract if, and when, a provider does not perform. Council concurred that Mayor Appezzato would appoint a five - member committee. On the call for the question, the motion carried by unanimous voice vote - 5. * ** Council recessed and reconvened at 9 :50 p.m. Minutes Regular City Council Meeting August 6, 1996 * * * 7 2,2 (96-430) Resolution No. 12805 "Authorizing Agreement with Caltrans for Traffic Systems Management/Flexible Congestion Relief Funds for Design and Construction of Park Street Signal Coordination, Phase Two." Adopted. In response to Councilmember DeWitt, the Public Works Director stated the City will work with the Park Street Business Association on related parking matters. Councilman Arnerich stated this project will be one of the greatest improvements for Alameda, and he hopes the same can be done for Webster Street. Vice Mayor Mannix moved the recommendation [to adopt Resolution]. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. (96-431) Final Passage of Ordinance No. 2728, N.S. "Approving and Authorizing Execution of an Amendment to Lease of Real Property (Tidal Canal) Between City, as Lessor, and Dieter and Helene Rabe, as Lessees, at 3363 Fernside Boulevard." Finally passed. Councilmember Lucas stated that she would abstain from voting on the matter, due to a conflict of interest. Councilmember DeWitt moved the recommendation (to finally pass the Ordinance]. Vice Mayor Mannix seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Arnerich, DeWitt,. Mannix and President Appezzato - 4. Noes: None. Abstentions: Councilmember Lucas - 1. Absent: None. (96-432) Final Passage of Ordinance No. 2729, N.S. "Authorizing Execution of an Amendment to Lease of Real Property Between City, as Lessor, and Alameda Swimming Pool Association, as Lessee, for Swimming Pool Facilities at Lincoln and Franklin Parks. Finally passed. Councilmember Lucas moved final passage of Ordinance. Councilman Arnerich seconded the motion, which carried by unanimous voice vote 5. (96-433) Final Passage of Ordinance No. 2730, N.S. "Reclassifying and Rezoning Certain Properties Within the City of Alameda by Amending Zoning Ordinance No. 1277, N.S., for that Property Located at 801/807 Buena Vista Avenue." Finally passed. Minutes Regular City Council Meeting August 6, 1996 8 Vice Mayor Mannix moved final passage. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. (96-434) Final Passage of Ordinance No. 2731, N.S. "Amending the Alameda Municipal Code by Adding Section 4-37 (Saturday Night Special/Junk Gun Sales Prohibition) to Article V (Firearms and Explosives), of Chapter IV (Offenses and Public Safety), Thereof, Prohibiting Sales of Saturday Night Specials Also Known as "Junk Guns". Finally passed. Councilmember Lucas moved final passage. The following persons spoke in opposition to the Ordinance: William A. Rae, Alameda Wayne Pearce, Alameda Richard Neveln, Oakland David Ketchpel (residence unknown) Don Bergen, Alameda James Solbakken, Walnut Creek Steve Botello, Alameda. The following persons spoke in favor of the Ordinance: Barbara Rasmussen, Alameda David Rasmussen, Alameda. Councilmember DeWitt seconded the Lucas's motion to finally pass said Ordinance. The motion carried by the following voice vote: Ayes: Councilmembers Arnerich, DeWitt, Lucas and President Appezzato - 4. Noes: Vice Mayor Mannix - 1. ORAL COMMUNICATIONS, NON-AGENDA (Public Comment) (96-435) Neil Patrick Sweeney, Alameda, stated that more ferry slips and legalized gambling should be created. (96-436) Alan Derr, Alameda, stated that the matter regarding removal of the Washington Park locomotive should be brought back to the City Council. The City Manager stated that said disposition would be provided to the Council. Minutes Regular City Council Meeting August 6, 1996 9 (96-437) Alan Derr, Alameda, reported that the July 11, 1996 Recreation Commission Minutes states that $202,000 is needed for the Soccer Field at the Naval Air Station. President Appezzato stated that the City Manager should provide clarification on the matter. (96-438) Carol Knight, Concerned Women for America, stated Vice Mayor Mannix has shown character and strength, and that the citizens of Alameda will miss him. (96-439) Fred Felker, Alameda, discussed recent events which he believed invaded his privacy and violated his rights; he requested that City employees be required to have their homes available for Code violation inspections; and that employee(s) be terminated if violation(s) are found. (96-440) Don Bergen, Alameda, stated that he will be requesting, in the near future, the City Council to draft a letter to Senator Lockyer and Assemblywoman Barbara Lee asking that the Three Strikes Law not be weakened. COUNCIL COMMUNICATIONS (Communications from Council) (96-441) Councilmember Lucas requested a progress report on business development in connection with the Alameda theater on Central Avenue. (96-442) Councilmember Lucas requested that a conflict of interest matter concerning the Mayor's Committee for the Disabled be placed on the next Council Meeting agenda. (96-443) Councilmember DeWitt requested a report on the City's efforts to revitalize the Webster Street Hotel. (96-444) Consideration of Mayor's nomination for appointment to the Civil Service Board. President Appezzato nominated Jean C. Gaskill. (96-445) Consideration of a nomination for appointment to the Historical Advisory Board. President Appezzato nominated Scott Brady. (96-446) Consideration of Mayor's nomination for appointment to the Housing and Building Code Hearing and Appeals Board. President Appezzato nominated Baird Heffron. Minutes Regular City Council Meeting August 6, 1996 10 2 (96-447) Consideration of Mayor's nominations (3) for appointment to the Housing Commission. • President Appezzato nominated Robert Ryan (incumbent), Mr. Bartalini, and Susan Jeffries. (96-448) Consideration of Mayor's nomination for appointment to the Social Service Human Relations Board. President Appezzato nominated Lois Reilly. (96-449) Vice Mayor Mannix expressed appreciation to City Manager and his staff for the strong support provided to Council and commitment to the City, to the rank and file employees--the ones who provide the quality, safety, and infrastructure which Alameda enjoys; City Councilmembers for their harmony and professionalism; and the citizens of Alameda for their friendship, support and trust; and he wished all good luck. Council wished Vice Mayor Mannix the very best. ADJOURNMENT President Appezzato adjourned the meeting at 10:40 p.m. ectfully submitted, ane B. Felsch, CMC City Clerk The agenda for this meeting was posted in advance in accordance with the Brown Act. Minutes Regular City Council Meeting August 6, 1996 11 2 MINUTES OF THE SPECIAL MEETING OF THE ALAMEDA CITY COUNCIL AUGUST 6, 1996, 9:00 P.M. The meeting was convened at 10:40 p.m. with President Appezzato presiding. ROLL CALL - PRESENT: Councilmembers Arnerich, DeWitt, Lucas, Vice Mayor Mannix and President Appezzato - 5. ABSENT: None. (96-450) Procedure for and selection of person to fill the vacancy created by the resignation of Vice Mayor Mannix. Don Bergen, Alameda, stated no attempt should be made to misuse term limits. Greg Alves, Alameda, encouraged Council to use its option to leave the seat vacant and let the voters decide on the matter [in November]. Vice Mayor Mannix stated that he believes the best way to proceed is to wait until the November Election and fill the vacancy with the third highest vote getter; and he would make that into motion. Councilmember Lucas seconded the motion. Councilmember DeWitt stated that he is prohibited from voting on the matter [as he is a Council candidate] and will abstain. Councilman Arnerich stated that he was interested in being appointed to fill the remainder of Vice Mayor Mannix's term, however, he understands Mannix's position [and motion). On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Arnerich, Lucas, Mannix and President Appezzato - 4. Noes: None. Abstentions: Councilmember DeWitt - 1. Absent - None. Special Meeting Alameda City Council 7:29 p.m., August 6, 1996 2:17 ADJOURNMENT (96-451) President Appezzato adjourned the Special Council Meeting at 10:46 p.m. in honor of former Planning Board Member Jessica Persoff, who recently passed away. Respectfully submitted, D E B. FELSCH, CMC City Clerk LZ The agenda for this meeting was posted in advance in accordance with the Brown Act. Special Meeting Alameda City Council 7:29 p.m., August 6, 1996