1995-02-07 Regular CC MinutesMINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL
FEBRUARY 7. 1995
The meeting convened at 8:40 p.m., with President Appezzato
presiding. The Pledge of Allegiance was led by Councilman
Arnerich. Reverend Michael Lacey, St. Philip Neri Church, gave the
invocation.
ROLL CALL -
Present: Councilmembers Arnerich, DeWitt, Lucas,
Mannix and President Appezzato - 5.
Absent: None.
CONSENT CALENDAR
Reports (95-074) regarding UCSF and (95-075) concerning All Marine
Services were removed from the agenda. The following items were
removed from the Consent Calendar for discussion: Reports (95-076)
concerning Cable Television, (95-077) regarding SSHRB EXCHANGE,
(95-078) on Emergency Medical Services; and resolution and
introduction of ordinance (95-079) on dangerous animals.
Councilmember Lucas moved approval of the remainder of the Consent
Calendar. Vice Mayor Mannix seconded the motion which carried by
unanimous voice vote - 5.
Items so enacted or adopted are indicated by an asterisk.
*95-065 Minutes of the Regular Council Meeting of January 17,
1955. Approved.
*95-066 Report from President, Social Service Human Relations
Board, regarding distribution of Recycling Drop Box Revenues.
Accepted.
*95-067 Report from Assistant City Manager recommending an
amendment to the Contract with Maze and Associates to expand scope
of service to include management audit of the Chuck Corica Golf
Complex. Accepted.
*95-068 Report from Public Works Director recommending award of
contract to Sposeto Engineering, Inc., for Signalization and
Channelization Improvements at Atlantic Avenue and Main Street
Project, No. P.W. 05-94-11. Accepted.
*95-069 Report from Public Works Director regarding approval of
four-way stop control at the intersection of Chestnut Street and
San Jose Avenue. Accepted.
*95-070 Resolution No. 12612 "Conferring Workers'
Regular Meeting, Alameda City Council
February 7, 1995
Compensation Benefits to City Volunteers." Adopted.
*95-071 Resolution No. 12613 "Authorizing the City Manager to
Enter into an Open Market Contract for Emergency Sanitary Sewer
Repair." Adopted.
*95-072 Ordinance No. N.S. "Amending the Alameda Municipal
Code by Repealing Existing Section 24-5 (Smoking Control) of
Chapter XXIV (Public Health) and Adding a New Section 24-5 (Smoking
Control) Enforcing Labor Code Section 6404.5." Introduced.
*95-073 Bills, certified by the -City Manager to be true and
correct, were ratified in the sum of 2,021,728.19.
95-074 Status Report from Vice Chair, Economic Development
Commission, and recommendation to communicate to UCSF continued
interest in providing a second campus location in Alameda. Held
over.
95-075
contract
Terminal
over.
Report from Public Works Director recommending award of
to All Marine Services for Alameda Main Street Ferry
Barge Rehabilitation Project, No. P.W. 08-94-15. Held
95-076 Annual Report from Chair,
Committee, for 1993 and 1994.
Cable Television Advisory
Gerhard Degemann, Alameda, inquired if other Cable companies may
bid [on the franchise].
The Assistant City Manager responded that the Cable Act of 1992
allows existing franchisee to submit proposal, and Council must
respond to that proposal first, but nothing prohibits any Cable
operator from requesting to build a new system as this is a non-
exclusive franchise.
President Appezzato stated he would support competition, if an
interest is indicated.
Don Roberts, Alameda, stated franchise terms have not been met, TCI
has not provided required services, e.g. landscaping of pods on
homeowners land, adequate local programming; and urged Council
reject report and use rejection, and TCI's lack of honoring
commitments to City, as a possible basis to open up the process for
competition.
President Appezzato suggested a motion to return the report to
staff and allow them time to respond to the issues raised.
Councilman Arnerich stated the local office is not in question but
the television industry; noted concerns including increases in
Regular Meeting, Alameda City Council
February 7, 1995
rates, charge for Cable book, seniors' rates, landscaping of pods;
stated pressure must be applied, report should go back for review;
and City's agreement should be reviewed to determine if TCI is
living up to its obligations.
Councilman Arnerich moved to refer the matter back for further
study in accordance with his comments. Vice Mayor Mannix seconded
the motion.
President Appezzato stated he is concerned about Cable adding
channels and arbitrarily raising cost.
The motion was carried by unanimous voice vote - 5.
95-077 Report from President, Social Service Human Relations
Board, regarding SSHRB EXCHANGE "Base Closure: Are Citizen Needs
Being Met?"
Neil Sweeney, Alameda, suggested persons who are not homeowners
should attend co-sponsored seminars on home ownership.
Councilmember Lucas moved acceptance of the report. Councilmember
DeWitt seconded motion which carried by unanimous voice vote - 5.
95-078 Report from Fire Chief regarding Alameda County Emergency
Medical Service District Task Force Report and Strategic Planning
Process for the Future of Emergency Medical Services (EMS).
Councilman Arnerich stated he pulled this report from the Consent
Calendar for discussion; the issue is that Alameda County, once
again, would like to take over Alameda Fire Department's emergency
response team and implement County procedures at a cost of three
quarters of a million dollars to Alamedans; and he would like Fire
Chief to report any new information to Council during negotiations.
President Appezzato stated he supports Councilman Arnerich's
statement and he [Appezzato] plans to fight the possibility of
consolidating jurisdictions under one EMS assessment district.
Councilmember Lucas agreed; stated there is no advantage to
Alamedans, program would cost $600,000 a year to join the County
system; response time would be longer; would threaten Alameda
Hospital Emergency Room services; and makes no sense for Alameda.
Councilmember DeWitt recommended acceptance of Fire Chief's report
and continuance to monitor the County's planning process. Vice
Mayor Mannix seconded the motion which carried by unanimous voice
vote - 5.
95-079a Resolution No. "Amending Master Fee Resolution
No. 12191 by Establishing an Appeal Processing Fee for the Purpose
Regular Meeting, Alameda City Council
February 7, 1995
t49
of Appealing Decisions of Supervising Animal Control Officers," and
[See 95-079b for Council Action]
95-079b Ordinance No. N.S. "Amending the Alameda Municipal
Code by Amending Section 7-10 (Dangerous Animals) of Chapter VII
(Animal Control) Pertaining to Dangerous Animals." Introduced.
Don Roberts, Alameda, stated he supports concept regarding
dangerous animals; questioned Section 7-10.1 Definitions, including
Sec 7-10.1c., that Dangerous Animal shall mean "Any animal, except
a cat, not licensed according to City ordinances;" and he believes
ordinance needs work.
The City Attorney stated the definitions currently exist in the
Code, have been enforced by the District Attorney, is not the
[Subsection] in response to dangerous animal/pit bull question; and
it [Sec 7-10.1] can be changed if desired.
The City Manager stated the subsection noted by Mr. Roberts is not
a part of modification being made; section [7-10.1c] can be
modified or removed when ordinance is returned for final passage,
if Council desires.
The City Attorney stated if Council wishes to delete that
[subsection], it could be a Council policy decision.
The City Manager stated if Council wishes to give that direction,
staff will modify for next meeting, absent a decision by Chief of
Police that it must remain, and if so, staff will explain why.
Vice Mayor Mannix stated he would like the ordinance to come back
with Subsection 7-10.1c reconsidered as it does not make sense.
Responding to Councilmember Lucas, the City Attorney stated
provisions exist in the Code for owners who do not license animals
in compliance with City ordinances; monetary penalties exist; and
repeated violations can be prosecuted as misdemeanor.
Councilman Arnerich moved to accept the recommendation [to amend
Ordinance 2368 as rewritten by City Attorney's Office] and add an
addendum to include the recommendations of Vice Mayor Mannix and
Councilmember Lucas. Councilmember Lucas seconded the motion.
President Appezzato inquired if that motion includes the comments
from the City Manager. Councilman Arnerich confirmed it does.
Vice Mayor Mannix stated it should be made perfectly clear that
Council is not talking about pit bulls specifically, but about
dangerous animals.
Regular Meeti ng, Alameda City Council
February 7, 1995
The motion carried by unanimous voice vote - 5.
AGENDA ITEMS
95-080 Oral Report by Mayor Appezzato regarding trip to
Washington, D.C. the week of January 23, 1995.
Neil P. Sweeney, Alameda, stated concerns about toxic cleanup and
that, if necessary, Mayor Appezzato return to Washington, D.C. to
obtain money for cleanup of NAS and land for ACE.
Mayor Appezzato reported on officials he met, and subjects
broached; commented he provided proposal, approved by Alameda Reuse
and Redevelopment Authority and City Council, to the Chief
Assistant to the Chair of BRAC 1995; noted meetings with
Congressman Dellums and his staff, who are attempting to secure
funding for City; Jane Alexander, Chair of National Endowment for
the Arts and Rita Moreno, Member of President's Committee on Arts
and Humanities, and they stated what makes a community is its
culture i.e., its museums, architecture, and cities should retain
what is present as it can never be retrieved; Senator Bob Dole;
Senate Majority Leader Mark Hatfield, and other officials; related
his efforts to secure the same kind of [loan] proposal for cities
with base closures, as was made for Mexico; he was asked if City
would be willing to pay fees and interest to secure the loan and he
[Appezzato] said yes, and that Council would consider it; and
stated he was impressed with Newt Gingrich who discussed his
Contract With America.
Mayor Appezzato named other officials who spoke to the Mayors
including Vice President Gore, and Henry Cisneros, HUD. Subjects
were unfunded mandates; Crime Bill: consensus of Mayors was that
cities should decide how monies should be used; balancing of the
budget; HUD: programs will be reduced, CDBG monies will continue
and cities will recommend how they should be spent. President
Clinton addressed base closure, and the loan package [to Mexico]
and he [Appezzato] raised the question about whether cities with
bases closing could apply for the same kind of program [with
repayment, fees and interest]; and the President was receptive.
Don Parker has agreed to help him [Appezzato] and Dave Louk to
write a letter to the President requesting loan package.
Councilman Arnerich moved to accept the report. Vice Mayor Mannix
seconded the motion which carried by unanimous voice vote - 5.
95-081 Public Hearing to consider Resolution No. 12614
"Adjusting the Police and Fire Fee Requirements as Required by
Subsection 27-2 (Police and Fire Fee Requirements) of Chapter XXVII
(Development Fees) of the Alameda Municipal Code."
Vice Mayor Mannix moved acceptance of the recommendation [to adopt
Regular Meeting, Alameda City Council
February 7, 1995
41
the resolution which would raise Police/Fire Impact Fees for new
construction from 14 cents per square foot to 15.5 cents per square
foot). Councilman Arnerich seconded the motion which carried by
unanimous voice vote - 5.
95-082 Resolution No. 12615 "Authorizing the City Manager to
Submit a Grant Application to the U.S. Department of Commerce,
Economic Development Administration (EDA) and Commit Matching Funds
and Authorize the City Manager to Prepare an Agreement with the
Alameda Chamber of Commerce." adopted; and
Report from Chair, Economic Development Commission,
recommending the submittal of a grant application to the U.S.
Department of Commerce, Economic Development Administration (EDA).
Responding to Councilmember DeWitt's request, the City Manager
stated the scope of the matter to be discussed is to authorize City
Manager to submit a grant application to the U.S. Department of
Commerce, commit matching funds, and prepare an agreement with the
Alameda Chamber of Commerce.
Dennis Green, Alameda, President, Chamber of Commerce, stated the
economic stimulation this project can provide will help the greater
good enormously; and everyone must pull together.
Greg Beattie, Alameda, Immediate Past President of Chamber of
Commerce; Executive Director of Alameda Center of Excellence, gave
background information on idea of forming ACE, noted the
opportunity to receive land from Navy, easy access from out-of-
town, close proximity to College of Alameda, and requested City
continue to work with Chamber.
Mayor Appezzato stated there may be some question of whether a
lease is better than ownership.
Paul Fossum, Alameda, Vice-President, Chamber of Commerce,
displayed charts prepared by City staff representing projected
timeline; noted money available for 27 possible grants; explained
chart depicting e.g., the Chamber, City, EDA interaction, and
involvement of City in each step; explained benefits of ACE to the
City, and requested unanimous approval.
Responding to Councilmember DeWitt, Mr. Fossum stated what is
required tonight is a vote to proceed with the application for
funding which must reach agency's desk by March 15th; and noted
inclusion of the private enterprise is a great help.
Mayor Appezzato stated a number of misconceptions are beginning to
be cleared up; $25,000 is from P.G.& E. and the rest is public
money; and this is about protection of the public trust.
Regular Meeting, Alameda City Council
February 7, 1995
Mr. Fossum stated tonight's vote involves no money.
Mayor Appezzato stated the City must have oversight. Mr. Fossum
agreed.
Bob Brown, Alameda, stated he lives on Webster; noted demise of
several businesses recently, ACE may be what is needed; he will
start a business in West End; and urged Council vote yes.
Terry Taforo, Alameda, stated he believes ACE is great for City of
Alameda, will bring in more business; urged Council vote yes; and
added that the $25,000 from P.G.& E is only the start of what will
come in when the project is approved.
Bonny Moore, Alameda, requested Council, if it forms a committee,
consider appointing people from Webster Street business district,
and check WABA [West Alameda Business Association], for
recommendations.
Kurt Libby, Alameda, Former Commanding Officer, Naval Supply
Center, Oakland, stated as Assistant Chief of Staff for Financial
Management for Commander of Naval Surface Forces - Pacific, in 1988
he researched base closures for success stories; there were none
and still are none; later, as Commanding Officer of Supply Center,
he recognized the way to put property in community hands was to
lease; property has been given over to Port of Oakland, and 200
jobs created; no BRAC committee has been able to do that; BRAC 95
is bringing out a list in March and many will compete for money;
elements are present to make ACE successful: cheap immediately-
available land, plan of use, supportive civic action group, and
money; it is unprecedented opportunity and City should take
advantage of it.
Mayor Appezzato stated Oakland already had money; his concern is to
not have competing interest for scarce resources.
Commander Libby agreed, stated he believes they are not competing,
as the Supply Center property is available now, and NAS is not; if
City waits for NAS property to be available, the grant application
opportunity goes away.
Mayor Appezzato stated the grant application is not the problem, it
is the MOU assurance that the City has some oversight.
Responding to Councilmember Lucas, Mr. Libby stated any plans in
every base closure he has looked at, have not been done on time,
some have not been executed after twenty years.
Councilmember Lucas queried if he [Libby] sees this as an
opportunity to come up with a plan for this particular site now and
replace jobs that will be lost at NAS, whereas, planning for NAS is
Regular Meeting, Alameda City Council
February 7, 1995
a long-term process and if City waits, those people may be out of
jobs for many years.
Mr. Libby so confirmed; and stated it is complimentary planning;
ACE can be a showcase effort to other businesses to say "Alameda is
friendly, that is the place to go;" and added, he agrees with the
Mayor that they must be coordinated, but does not see that to be
difficult and on the time frame of available property, this is the
one to move on first.
Mayor Appezzato stated he is not sure development of the Annex will
be much quicker than the development of NAS.
Don Keckley, Public Affairs Officer, College of Alameda (COA),
stated he endorses the project, COA has been a partner in planning
for the past year; City, Chamber, COA, AUSD and business can work
together to provide unique opportunity for start-up enterprises; by
lessening base closure impact by e.g., providing retraining
opportunities; and urged Council join Chamber to apply for EDA
grant.
John Piziali, Alameda, requested, if Council applies for EDA grant,
release of taxpayers' money be contingent upon signed release or
letter of intent from Navy; and offered suggestions if RFP process
is not used.
Robert Wood, Alameda, Economic Development Commission, noted he
studied proposed by-laws of non-profit City/Chamber partnership,
reports by City staff, attended meetings on proposal; Chamber
appears to have a favorable reaction from EDA and State Trade &
Commerce Agency for the $1.100,000 grant; he stated the risk seems
manageable, Navy lease need not be signed for a year, allowing time
to study questions, by-laws are not adopted and are subject to
discussion; City can participate in new-job creation; he listed
benefits and revenues that would accrue to the City; noted the
element of control exists for City to satisfy the public trust; and
urged Council adopt resolution authorizing City Manager to submit
grant application.
Don Bergen, Alameda, suggested calling Coldwell Banker to appraise,
divide into parcels and list on open market, for same results at no
cost to taxpayers.
Del Blaylock, Alameda, Greater Alameda Business Association (GABA)
stated he is for project, is concerned about Webster Street
vacancies; City must move quickly for the grant; P.G.& E has come
forward with $25,000 and others will give money, once they see
solidarity of Council to accept; urged' Council do so.
Neil Patrick Sweeney, stated Fort Ord Army Base has announced
opening California State University - Monterey in December; spoke
Regular Meeting, Alameda City Council
February 7, 1995
in favor of ACE and offered suggestions for use of NAS property.
Helen Sause, Alameda, Chair, Economic Development Commission (EDC),
stated economy on West End and Northern Waterfront has been
studied; EDC is encouraged; EDC unanimously voted to recommend
City authorize staff to apply to EDA but that City remain in
control and staff pursue alternate sources of matching funds;
stated EDC has formed a group to address issues, would be happy to
serve Council in the process and urged Council consider filing
application.
Mayor Appezzato reiterated the application was never the problem,
the problem was what was perceived as a reluctance of the Chamber
to be a full partner; and that, hopefully, is being alleviated.
Commissioner Sause stated that has been their [EDC] concern also.
Councilmember Lucas queried Ms. Sause on need for government funds.
Commissioner Sause stated both government funds and citizen
participation are needed; providing a catalyst is important;
without public pump-priming, the private development does not
follow.
Responding to Councilmember Lucas, Commissioner Sause agreed that
obtaining private funds at this stage would be very difficult.
Tony Daysog, Alameda, stated a valuable economic corridor is being
lost on Webster Street; the Mayor is correct that the major
activity is NAS conversion; and the way the City deals with the 200
acre facility will set the tone and pace of how site is developed.
Don Peterson, Alameda, stated the idea of developing the acreage is
a great one but City should not get into a deal with a group other
than City taxpayers; and a partnership could be formed with Port of
Oakland.
Ed Clark, Alameda, stated he endorses the ACE concept although he
shares concerns including funding, accountability; however, all
these questions can be easily resolved in public forum, and
encouraged Council work with Chamber to move quickly.
Marcia Johnson, Alameda, stated she favors proposal, her points
have been covered, and she need not speak further.
Don Roberts, Alameda, commended Chamber and committee which have
done a tremendous amount of work; he sees two problems with current
proposal, 51% Chamber representation; and their 25% of net proceeds
of the corporation; complimented Chamber as this [project] is an
excellent idea; and he hopes the by-laws are modified, to allow
greater control by the City Council.
Regular Meeting, Alameda City Council
February 7, 1995
Mayor Appezzato stated a Memorandum of Understanding must be worked
out, and that is when the controls will be developed.
Diane Coler-Dark, Alameda, stated there are many project merits,
the contention over the proposal is the currrent proposal structure
and control of the project; Council must clarify who they are
dealing with, the Chamber Board, or an Ad Hoc Committee which calls
itself ACE; she is confident the Chamber can work with City to
redefine its role; she trusts Council to make the right decision
and protect the interests of the citizens of Alameda.
* * * *
Council recessed briefly at 10:00 p.m.
* * * *
Beverly Blatt, Alameda, noted her 20 year experience as teacher and
researcher in medical schools and her current work as private
consultant concerning biomedical technology and projects with Bay
Area Bio-Science Center, which is releasing a report next week
describing need for a life-sciences incubator in the Bay Area; and
includes a feasibility study and preliminary business plan; and the
ACE project appears to fulfill a number of criteria described in
report which asks for someone to set up such a proposal; and it
appears the City has an opportunity to be ahead of anyone else in
the Bay Area; and other entities in the Bay Area will probably come
forward with support; and she hopes Council will support project.
Vice Mayor Mannix expressed his concerns and distress with the
process; stated good people are on both sides of issue with
excellent intentions but as a community we can do better; perhaps
the key problem is that a non-profit group was put forward absent
City input; the real issue is whether the project is good or bad;
he can see some problem areas i.e., Board of Directors has not been
satisfactorily addressed; partners in the proposal need to work out
satisfactory compromise, particularly regarding the Board, degree
of City control, and control of financing; environmental issues in
this project cannot be allowed to become a liability to the City.
Vice Mayor Mannix stated on the positive side, the project includes
a great potential to be a catalyst and a start-off for what City
will do on NAS; a real positive is: business communities and EDC
support it; safeguards are built into the process and protect City
interest, and it has conceptual support of Congressman Dellums'
Office; he believes Council would be remiss if it did not explore
the viability of the project.
Vice Mayor Mannix stated he is prepared to support authorizing the
City Manager to submit the grant application and work in
partnership with the Chamber of Commerce to develop the plan and to
develop MOUs on how the plan is going to be governed; he likes the
proposals put forth by the EDC; if ACE or an entity that may be
selected by RFPs is going to be the non-profit subsidiary for the
Chamber, the City Manager and the Chamber CEO should develop a
Regular Meeting, Alameda City Council
February 7, 1995
formula for selection of the Board of Directors satisfactory to
both City and Chamber membership; and City control should not be
relinquished in governing how this project develops.
Councilman Arnerich stated he echos the sentiments of Vice Mayor
Mannix; that there were certain misconceptions on the Chamber's
role in this project, and the City's stand; stated Bill Lewis, U.S.
Economic Development Administration [EDA], has come from
Sacramento, and requested Mr. Lewis be permitted to come forward to
answer questions and to provide a synopsis.
William Lewis, EDA, Sacramento, stated Council has one of the
greatest opportunities before them that he has seen; and he covers
many base closures; noted citizen awareness, cooperation of persons
involved; reviewed questions asked by EDA, e.g., who will do
marketing, what jobs will come from it, what good will it do for
the community, who will manage the incubator, who is the developer;
and absent that, EDA will not provide money; he was excited about
ACE primarily because the City had the involvement of the private
sector; EDA's mandate from Congress is to create long term private
sector jobs in areas of high distress; City has land coming from
the Navy, support from EDA, and private sector group, all the
components to proceed; EDA would envision City and Chamber as Co-
grantees with memorandum of agreement on ACE; if ACE comes in, they
could come in as a sub-grantee serving at City's pleasure; the
memorandum of agreement does not need to be developed right now;
the application can be forwarded and EDA can start working on it,
and "special condition" the grant, all of those things would be in
place before funds are disbursed, if grant is approved.
In response to Councilman Arnerich, Mr. Lewis stated EDA would not
look for percentages [50-50 or whatever]; City and Chamber would be
considered equal partners, EDA would look for who has fiscal
responsibility and would look to the City to carry that role.
Councilman Arnerich stated Mr. Lewis has answered his questions; he
believes it is in the best interest of the community to proceed but
agrees with Mayor that control should be vested in City Council.
Mr. Lewis suggested City be aware of site control, when the Navy is
going to provide the land, and how that affects the grant
application: the City's application is the only one at this time;
if City loses its place in line, access to 1995 money is lost and
in 1995-96 there may or may not be any money to request.
Mayor Appezzato discussed the matter of being turned down by EDA
for sewer line funding; and Mr. Lewis stated that he fought hard to
get [sewer line funding] approved, however, they could not proceed
from a legal standpoint because EDA does not have a Memorandum of
Understanding with Corps of Engineers which controls that project.
Regular Meeting, Alameda City Council
February 7, 1995
47
Responding to Councilmember Lucas, Mr. Lewis explained application
process, and emphasized the importance of time; if EDA signs off
before a rescission [of funding) that is a firm contract; but if
budget is rescinded first, all money will be gone.
Councilman Arnerich stated he believes the Vice Mayor moved earlier
to authorize City Manager to prepare an agreement with the Alameda
Chamber of Commerce and if that is in the form of a motion, and
under the condition which Council has been made aware this evening,
he would like to second that motion and call for the vote.
Vice Mayor Mannix confirmed that is a motion.
Councilmember DeWitt stated motion should indicate the City Manager
should enter into negotiations to provide a draft MOU with Chamber
of Commerce and the draft be returned to Council for approval.
Vice Mayor Mannix stated that was the intent.
Councilmember Lucas stated the resolution is to prepare an
agreement and it will require final approval; she is encouraged by
the unanimity of the Council; the project is needed on the West End
and she is grateful Council sees the need of the project.
Councilman Arnerich stated he hopes Council can get this to a vote
and give City Manager input.
Councilmember DeWitt stated he would like the full motion restated.
Mayor Appezzato restated the motion is to pass the recommendation
pending the long term lease arrangement or the lease arrangement
site control that is going to be required by EDA and the approval
of the Memorandum of Understanding between the joint partnership,
Chamber of Commerce and the City of Alameda; that MOU is to come
back to Council with certain items i.e., the financial controls,
contract controls, makeup of Board of Directors.
Councilmember DeWitt seconded.
Mayor Appezzato stated he will support submission of application to
EDA for federal funding but only under certain conditions, most of
which was heard tonight; Council represents all citizens and are
sworn to protect the public trust which includes public monies and
public lands; the Chamber does not have ultimate responsibility; it
now appears an MOU might be worked; he thanked EDA for clearing up
misunderstanding; his final support will hinge on information he
wants to receive from staff.
The motion carried by unanimous voice vote -5.
95-083 Status Report from Public Works Director on City Hall
Regular Meeting, Alameda City Council
February 7, 1995
Renovation Project and approval of reduction in Project scope of
work.
Dave Plummer, Alameda, stated City Hall is considered to be
Romanesque Architecture, and the San Francisco Chronicle on January
1, 1995, had a column concerning Henry Richardson and Romanesque
Architecture, noted characteristics which are similar to City
Hall's; he questioned the substituting a copper roof with a tin
roof; concerning the tower, he stated restoring the building is a
gift to future generations; restoring the tower is completing that
gift; and requested Council not take out the foundation.
The City Manager stated the Public Works Director indicated Council
could put in foundation and tower at a later date.
The Public Works Director stated what was suggested was to make the
foundation a separate bid so Council could decided whether they did
or did not want foundation at this time, so that is proposed as an
alternate bid.
Mr. Plummer stated he believes foundation would not be put in
later.
Mayor Appezzato inquired if the foundation can be put in later.
The Public Works Director stated it could be; will probably cost
more, but if put in now, and not used 10-20 years, a lot of money
is invested in a project not really accomplishing much.
Naomi Hatkin, Alameda, Historical Advisory Board, stated the
project just voted on embraces the future, and rehab of City Hall
embraces the best of the past; preservation of City Hall is good
for the economic development of Park Street and Alameda; and urged
Council accept the report and move forward.
Andrew McCormack, Alameda, stated City has an obligation to look at
older structures because once they, and people who built them, are
gone, they cannot be brought back and it is better to build a
foundation before a house rather than after.
Susan McCormack, Alameda, stated she encourages Council to please
restore City Hall, to lose City Hall would be devastating and
inquired how much the foundation costs.
The Public Works Director stated it would cost about $100,000 to
$200,000, and that is why it is suggested as an alternate bid.
Ms. McCormack stated putting a foundation in before, is easier than
going back later and trying to fix it.
Robert Wood, Alameda, stated every city needs landmarks and Alameda
Regular Meeting, Alameda City Council
February 7, 1995
has few with potential and historic quality of City Hall; he
believes the tower is essential to City Hall to provide a landmark;
and that if the foundation is not accommodated now, retrofitting
the foundation later would be extremely difficult; and if it comes
back as an alternate, he would hope for citizen input opportunity.
Mayor Appezzato stated that would be on agenda, and at this point,
he is inclined to support the tower.
Councilmember Lucas stated Mr. Wood has pointed out aspects she had
not thought of before; Alameda is not hilly, the tower would be
visible from everywhere in the City and as approached from other
communities, and would be the landmark needed in this community.
Mr. Wood stated traditionally, churches and civic buildings have
always had a strong, important place in the landscape as landmarks;
and landmarks and important places become catalysts for development
and sense of importance around a civic center which comes back to
the City in positive revenues.
Gerhard Degemann, Alameda, stated a tower is a symbol, and it could
be seen all over; sometimes historical buildings are demolished but
pride should be taken in what our forefathers have done; and urged
Council move ahead with City Hall.
Councilmember DeWitt questioned Public Works Director concerning
roof material; staff report indicates roof material is to be
"Reinzink."
Responding to Councilmember DeWitt, the Public Works Director
stated the metal roof would be similar in looks to original and the
State historical representatives believe it a better choice because
of that similarity, and it is supposed to be a very long-lived
material, highly recommended by the specifiers and architects.
Councilmember Lucas stated she would support proposal, is glad
staff found a way to reduce cost by a million dollars; her concern
is proposal to locate Council offices outside City Hall; she does
not believe that works, and it is the obligation of Councilmembers
to watch staff; she is sure room can be made in City Hall.
Mayor Appezzato stated he shares her concerns.
The City Manager stated staff felt it was important to relocate
Community Development Department and Council because they were
envisioned in the "garage" building and a great deal of money could
be saved by not renovating that structurally; if Council is in the
main building, another department would need to go; that can be
done if Council wishes; and space would need to be reallocated.
Mayor Appezzato queried if the garage building is done right at
Regular Meeting, Alameda City Council
February 7, 1995
City Hall, would that be acceptable.
Councilmember Lucas replied yes, but the cost would be almost
$600,000.
The City Manager stated that was to be most of the cost savings.
Mayor Appezzato stated if that is not done, there would still be
cost to relocate Council and Community Development Department; and
the City Manager agreed and added the cost would not be $600,000,
only a small portion of that.
Councilman Arnerich stated Council must start looking at figures;
every time Council wants to do something to be cost conscious, it
runs into obstacles; Council will be going out for 65% of monies in
Certificates of Participation alone; he agrees Council should have
a place, it never had a place until twenty years ago; perhaps the
Health Center can be looked at; he has been a strong supporter of
City Hall renovation, the cost now is $9+ million dollars for a
plan lesser than the first one which was considered excessive; for
the current amount, he will support it, but will not support what
he perceives are frills and pleasure; perhaps tower foundation
should be in, but City cannot keep spending money it does not have.
Councilmember Lucas moved the recommendation [to approve the
reduction in scope of work for the City Hall renovation project
described in Public Works Director's staff report dated January 25,
1995, and direct staff to proceed with the project in accordance
with the proposed schedule]. Vice Mayor Mannix seconded the motion.
Mayor Appezzato stated he supports recommendation, and especially
after talking to Ms. Alexander and Ms. Moreno, supporters of the
Arts; he believes it important to the City.
The motion carried by unanimous voice vote - 5.
95-084 Report from Community Development Director recommending
reprogramming of CDBG Funds, amendments to FY 1994-95 CDBG Final
Statement and execution of Amended Grant Agreements.
Tony Daysog, Alameda, stated, with respect to CDBG and reallocating
funds, he hopes Council would consider Community Development Float
Loan Program, which he proceeded to describe to Council.
Mayor Appezzato requested Mr. Daysog provide information on Float
Loan, which he previously submitted to Council, to the Community
Development Director.
Councilmember Lucas stated she has a problem with providing
additional funds to Housing Counseling services; the Rent Review
Advisory Committee [RRAC] cancels meetings because there is no
Regular Meeting, Alameda City Council
February 7, 1995
business; she would rather put that money in some other worthwhile
undertaking; and with that exception, the other programs deserve
the additional funds.
Mayor Appezzato stated he is not hesitant to support her on that.
Councilmember DeWitt stated that program is Sentinel Fair Housing
which is about discrimination in housing and not rent review.
Councilmember Lucas stated they provide housing information and
referal, the Red Cross provides similar services, there is no low-
income requirement, and they are already funded with $20,000+ and
not many landlord/tenant problems exist in Alameda or the RRAC
would not be cancelling meetings.
Councilmember DeWitt stated the federal government is about to
dismantle equal opportunity programs, now Council may dismantle
equal opportunity in housing, so he cannot support that; perhaps
staff can comment; Sentinel Fair Housing has done a good job.
The Community Development Director stated the proposal addresses
$2456 additional funding to Sentinel; explained reasons for money
to go to fair housing services including fact that halfway through
the year, Sentinel are at 80% of their goal on fair-housing cases;
the problems are not about rents but about habitability and variety
of concerns. Also, their grant agreement requires primary clientele
be low and moderate income; all are worthwhile organizations and
additional funding could be used by any of them.
Councilmember Lucas stated at RRAC meetings, habitability and
maintenance problems, variety of problems are discussed, and they
work free; also housing support services have alternatives; noted
Four Bridges need, and that the West End Teen Program appears more
important to fund than the housing support services in an economy
where there is an oversupply of rentals; her proposal is to
distribute the funds to another worthy program on the same list.
Councilmember Lucas moved funds be put in West End Teen Program,
eliminate additional funds for housing support services and all
else remains the same. [Motion failed for lack of second.]
Councilmember DeWitt stated Sentinel Fair Housing is only avenue
available for tenant to take allegation or charge against landlord
who refuses to rent a house because of race, family, or creed; they
have a full case load and are as important as the West End Teen
Center or any others.
Councilmember Lucas noted other avenues for persons who have
housing complaints.
Vice Mayor Mannix stated if sixteen people out of twenty who were
Regular Meeting, Alameda City Council
February 7, 1995
anticipated have taken advantage of services, it may indicate that
in the second half of the year, there may be more and perhaps
funding is appropriate; he will support staff recommendation.
Mayor Appezzato stated the [Lucas] motion dies for lack of a
second.
Vice Mayor Mannix moved to adopt the recommendation. Councilman
Arnerich seconded the motion which carried by the following voice
vote: Ayes: Councilmember Arnerich, DeWitt, Mannix and President
Appezzato - 4. Nayes: Councilmember Lucas - 1. Absent: None.
95-085 Report from Community Development Director regarding
allocating CDBG Set-Aside and 1994-95 Mayor's Fundraiser Proceeds
to the Comprehensive Homeless Intervention and Prevention Program,
and authorizing Amended Grant Agreements with the American Red
Cross [ARC] and the Filipino-American Community Services Agency
[FACSA].
Tony Daysog, Arameda, stated he is Chairperson of Mayor's Homeless
Fundraiser, encouraged people to attend Homeless Fundraiser at 5:00
p.m., February 12th, for benefit of Red Cross and Midway Shelter.
Mayor Appezzato thanked Mr. Daysog for his efforts.
Don Bergen, Alameda, stated staff's figures on the homeless for
1994 indicate 1.8 persons may come from Alameda; stated family,
friends, charitable agencies and churches should take care of the
people; noted persons with disabilities who support themselves; and
believes Center should be closed and funds given to other agencies.
Councilmember DeWitt moved Council authorize the allocation of the
remaining [CDBG/CHIPP] funds and the appropriation of an allocation
for the FY 1994-95 Mayor's Fundraiser Proceeds through June 30th to
the ARC and the FACSA based on the establishment of the pro rata
share. Councilman Arnerich seconded the motion which carried by
unanimous voice vote - 5.
95-086 Report from Community Development Director regarding
establishment of a Redevelopment Project Area at Naval Air Station
Alameda. (Mayor Appezzato)
Tony Daysog, Alameda, stated, when the base is a redevelopment
area, he would like part of tax increment from redevelopment be
dedicated to education and to maintaining bridges.
Councilman Arnerich accepted the report. Vice Mayor Mannix
seconded the motion.
Mayor Appezzato stated he requested this be placed on agenda; this
is a good start to discuss whether the base should be put under a
Regular Meeting, Alameda City Council
February 7, 1995
redevelopment zone; he believes the professionals -- consultants,
BRAG and staff should review it; and perhaps the motion can be so
amended.
Councilman Arnerich stated he will support that; Vice Mayor Mannix
[second] agreed to the amendment to motion; and the motion carried
by unanimous voice vote - 5.
95-087
Execution
District,
Temporary
East Wing,
Ordinance No. , N.S. "Approving and Authorizing the
of Lease Agreement Between the Alameda Unified School
as Lessor, and the City of Alameda, as Lessee, for
City Hall Facilities at Historic Alameda High School -
2250 Central Avenue." Introduced.
Councilmember Lucas moved the recommendation [to reintroduce the
ordinance for the lease of the East Wing for the term commencing
September 1, 1995 for relocation of City facilities by title only;
and to authorize the City Manager to continue discussions with the
Alameda Unified School District and present the revised Ordinance
and lease for adoption when the language has been finalized].
Councilman Arnerich seconded the motion which carried by unanimous
voice vote - 5.
95-088 Ordinance No. 2685. N.S. "Approving and Authorizing the
Execution of Amendment to Existing Lease Agreement with the Linoaks
Motel by Reducing Monthly Rental Rate." Finally adopted.
Councilmember DeWitt recommended that lease be executed pending the
outcome of the audit so when the audit does come in, if indeed,
lowering the fees is correct, then we do it, otherwise we do not.
Councilmember DeWitt moved the [ordinance for execution of]
amendment, so staff can go ahead with whatever is necessary,
pending the outcome of the audit.
Responding to Councilman Arnerich, the City Manager stated staff
has found someone to do the audit; the Assistant City Manager is
working with them toward starting probably in three weeks.
In response to Councilmember Lucas's query, the Assistant City
Manager stated the Lessee is cooperating; the difficulty has been
getting the income statements so a comparison can be done of 1993
and 1994; he talked to Lessee's accountant and that will be sent.
The City Attorney stated the ordinance does not become effective
for thirty days, and Council will have the results of the audit
within the thirty days; and if not according to expectations, the
matter can be brought back for further consideration.
By consensus Council voted to approve motion by unanimous voice
vote - 5.
Regular Meeting, Alameda City Council
February 7, 1995
ORAL COMMUNICATIONS, NON - AGENDA (Public Comment)
95 -089 Alan C. Schmierer, Alameda, noted fundraiser to send 100+
Lum Elementary School Fourth Graders to a national award - winning
environmental school for three days in April; and expressed thanks
to Mayor Appezzato and Chief of Police Matthews for participating
in the January 21, 1995 fundraising activities.
95 -090 Don Bergen, Alameda, suggested ways he believes the City
can save money to permit live television broadcasts of the
meetings; and he would like City Manager to explain employee [wage
cuts].
Councilman Arnerich stated answers to Mr. Bergen's questions can be
provided tomorrow [2/8/95].
95 -091 Neil Patrick Sweeney, Alameda, provided information on
the Alameda fundraiser for the homeless on February 12th; and made
suggestions for the use of Angel Island.
95 -092 Don Roberts, Alameda, requested practice of previous
mayor, to provide results of any Closed Session of Council prior to
the Regular Meeting, be continued.
Mayor Appezzato stated he concurs; and requested City Attorney
assist.
The City Attorney noted last year, the Brown Act changed and the
announcement of Closed Session action occurs during the Special
Meeting and no longer is part of the Regular Meeting; however, an
announcement can be made prior to the Regular Meeting.
Mr. Roberts commended City Council for working together so well
tonight.
95 -093 Gerhard Degemann, Alameda, stated his concerns on color
of bridge to be repainted.
Mayor Appezzato stated the color green has been requested.
95 -094 Gerhard Degemann, Alameda, stated the weeds are 30 inches
tall in the median strip at the Bay Farm Island Bridge and need to
be cleaned up.
COUNCIL COMMUNICATIONS (Communications from Council)
95 -095 Consideration of Mayor's nomination for appointment to
the City Planning Board for a partial term expiring June 30, 1995.
Mayor Appezzato stated both the Presidents of the Planning Board
Regular Meeting, Alameda City Council
February 7, 1995
and Social Service Human Relations Board assisted him in the
process and Councilmembers provided input.
Mayor Appezzato nominated Beverly Follrath Johnson.
95-096 Consideration of Mayor's nomination for appointment to
the Social Service Human Relations Boara.
Mayor Appezzato nominated Noel W. Folsom.
95-097 Councilmember Lucas stated a report has been received
from the Chief of Police that training was received in policing a
multi-ethnic community; she would like to see the protocol, the
questions that are asked when any stop by the police, is being made
and she would personally like to review the questions used by the
police in such situations.
President Appezzato suggested a demonstration be placed on an
agenda.
ADJOURNMENT
President Appezzato adjourned the meeting at 12:10 a.m.
Respectfully submitted,
DIANE B. FELSCH, CMC
Cit Clerk
Z:L, L„
atricia Calbreath
Deputy City Clerk
The agenda for this meeting was posted 72 hours in advance.
Regular Meeting, Alameda City Council
February 7, 1995
MINUTES OF SPECIAL MEETING OF THE ALAMEDA CITY COUNCIL
FEBRUARY 21, 1995
The meeting convened at 6:30 p.m. with President Appezzato
presiding.
ROLL CALL -
Present: Councilmembers Arnerich, DeWitt, Lucas,
Mannix and President Appezzato - 5.
Absent: None.
AGENDA:
Public Comment on Agenda Items Only.
None.
95-098 Adjournment to Closed Session to consider:
CONFERENCE WITH LABOR NEGOTIATOR
Aaencv Neaotiator: Personnel Director and Austris Rungis.
Employee Oraanizationsts): Alameda Fire Managers Association -
AFMA; Alameda Management and Confidential Employees Association -
AMCEA; Alameda Police Managers Association - APMA; Alameda Police
Officers Association - APOA; International Association of
Firefighters, Local #689 - IAFF; and United Public Employees
Association #790 (Police Technicians) - SEIU.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant Exposure pursuant Subdivision (b) of Section 54956.9 of
the Government Code.
Number of Cases: One
* * * *
Announcement of Action taken in Closed Session:
Following the Closed Session, the Special Meeting was reconvened
and President Appezzato announced that concerning (1) Conference
with Labor Negotiator, Council gave instructions to City's
Negotiator, no action taken; (2) Conference with Legal Counsel,
Council discussed one case of significant exposure to litigation,
no action.
Special Meeting, Alameda City Council
February 21, 1995