1995-04-18 Regular CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
APRIL 18. 1995.
The meeting convened at 7:38 p.m., with Mayor Appezzato presiding.
The Pledge of Allegiance was led by Councilman Arnerich. Reverend
Lois Suji Hochenaur, Home of Truth, gave the invocation.
ROLL CALL -
Present: Councilmembers Arnerich, DeWitt, Lucas,
Mannix and President Appezzato - 5.
Absent: None.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
95-225 Proclamation declaring April, 1995, as "Fair Housing
Month."
President Appezzato read the Proclamation and presented same to
Beverly Dinkins, Counselor, Sentinel Fair Housing, Oakland.
95-226 Certificate of Appointment of Charles Bunker as Member of
Mayor's Committee for the Disabled.
Mr. Bunker was unable to attend the Council Meeting.
95-227 Certificate of Appointment of Fred Davis as Member of
Mayor's Committee for the Disabled.
Mr. Davis was unable to attend the Council Meeting.
95-228 Certificate of Appointment of Beatrice Haw as Member of
Mayor's Committee for the Disabled.
Ms. Haw was unable to attend the Council Meeting.
95-229 Certificate of Appointment of Christopher Idle as Member
of Mayor's Committee for the Disabled.
President Appezzato presented the Certificate to Mr. Idle.
95-230 Certificate of Appointment of Velora Wilder Kahn as
Member of Mayor's Committee for the Disabled.
President Appezzato presented the Certificate to Ms. Wilder Kahn.
95-231 Certificate of Appointment of Ethel Simon as Member of
Mayor's Committee for the Disabled.
President Appezzato presented Certificate to Ms. Simon.
Regular Meeting, Alameda City Council
April 18, 1995
128
CONSENT CALENDAR
President Appezzato announced that the Report regarding Pruning
City Street Trees (95-247) and the Report on reprogramming of
Community Development Block Grant (CDBG) funds (95-248) were pulled
from the Consent Calendar for discussion.
Vice Mayor Mannix moved approval of the remainder of the Consent
Calendar. Councilman Arnerich seconded the motion which carried by
unanimous voice vote - 5.
Items so enacted or adopted are indicated by an asterisk.
*95-232 Minutes of the Regular Council Meeting of April 4, 1995.
Approved.
*95-233 Report from Public Works Director recommending adoption
of plans and specifications and calling for bids for the repair of
Portland Cement Concrete sidewalk, curb, gutter, and driveway for
the Fiscal Year ending June 30, 1996, No. P.W. 04-95-06. Accepted.
*95-234 Report from Public Works Director recommending adoption
of plans and specifications and calling for bids for Minor Street
Patching with Asphalt Concrete for Fiscal Year ending June 30,
1996, No. P.W. 04-95-07. Accepted.
*95-235 Report from Public Works Director recommending award of
contract to Gallagher & Burk, Inc. for Repair and Resurfacing of
Certain Streets, Phase 17, No. P.W. 01-95-01. Accepted.
*95-236 Report from Public Works Director recommending acceptance
of the work by Buestad Construction, Inc., for Longfellow Park
Accessibility Upgrades, No. P.W. 03-94-04. Accepted.
*95-237 Report from Public Works Director recommending adoption
of plans and specifications and calling for bids for Landscape
Maintenance of Median Strips and Special Areas for the Fiscal Year
ending June 30, 1996, No. P.W. 04-95-09. Accepted.
*95-238 Report from Public Works Director recommending that
Caltrans continue funding the Cooperative Training Assistance
Program (CTAP). Accepted.
*95-239 Report from Finance Director transmitting Investment
Portfolio for period ending March 31, 1995. Approved.
*95-240 Resolution No. 12629 "Commending Youth for Their Service
to the Community and Declaring April 25, 1995 Alameda Youth Service
Day." Adopted.
Regular Meeting, Alameda City Council
April 18, 1995
*95-241 Resolution No. 12630 "Resolution of Appreciation to the
Volunteers for the City of Alameda." Adopted.
*95-242 Resolution No. 12631 "Adopting Agreement for
Participation in Alameda County Operational Area Emergency
Management Organization." Adopted.
*95-243 Resolution No. 12632 "Approving Adoption of California
Public Employees 457 Deferred Compensation Plan." Adopted.
*95-244 Resolution No. 12633 "Approving Waiver of Parcel Map
Requirements for the Subdivision of a Portion of Land of Lot 2,
Tract 3713." Adopted.
*95-245 Resolution No. 12634 "Amending Conflict of Interest Code
by Amending Paragraph Two of Resolution No. 9460 Relative to
Disclosure Positions and Disclosure Categories and Rescinding
Resolution No. 12310." Adopted.
*95-246 Bills, certified by the City Manager to be true and
correct, were ratified in the sum of $1,516,498.45.
95-247 Report from Public Works Director recommending adoption
of plans and specifications and calling for bids for Pruning City
Street Trees in Various Locations, and City Trees within the Chuck
Corica Golf Complex, in the City of Alameda for the Fiscal Year
ending June 30, 1996, No. P.W. 04-95-08.
Former Mayor William McCall, Alameda, stated that he understands
Alameda contractor Larry Bakin is in the process of getting a
Contractor's license and has insurance; Mr. Bakin is very reliable
and has done all the Golf Course work; City's specifications
practically put Mr. Bakin out of business; and he hopes when the
specifications are written that Mr. Bakin has a chance.
The City Manager explained the project. He stated that the City has
no problem with Mr. Bakin's work, and hopes Mr. Bakin will bid on
the project.
In response to Councilman Arnerich's inquiry, the Public Works
Director reported that the specifications state before submitting
bids, "Contractors shall be licensed in accordance with the
provisions of Chapter 9 of the Business and Professional Code of
the State of California"; and that the work done by Mr. Bakin on
street trees was several years back, when the City was not going
out for formal bids.
Don Bergen, Alameda, stated that he believes the 700 trees on the
Golf Course could be maintained by the people who cut the grass and
take care of the plants.
Regular Meeting, Alameda City Council
April 18, 1995
130
Neil Patrick Sweeney, Alameda, suggested that the Business District
Associations check for trees blocking businesses, e.g. Juanita's
Mexican Restaurant on Park Street.
In response to inquiry from President Appezzato, the Public Works
Director stated that it is usually better to go out for one
contract, in order to receive better prices; and he explained the
benefits of formal bids.
Councilman Arnerich moved acceptance of the report; that all
contractors be given every opportunity to bid in a reasonable
manner; that Alameda firms be encouraged to participate in the
bidding process; and with the caveat that strict rules be adhered
to, e.g. bonding and licensing of contractors.
Councilmember DeWitt seconded the motion, which carried by
unanimous voice vote - 5.
95-248 Report from Community Development Director recommending
reprogramming of Community Development Block Grant (CDBG) funds and
amendment to the FY 1994-95 CDBG Final Statement.
Councilmember Lucas stated that she supports most of the items in
the amended budget for CDBG Program; and that there are two items
she does not support: 1) the West End Annex improvements, and 2)
Sentinel's funding for tenant/landlord counseling.
In response to President Appezzato, the City Manager stated that
the $12,989.30 for West End Annex improvements is to be used only
if Council decides later in the meeting to proceed with the Lease
Agreement [between the City and Bernita Leskowski]; that if the
Agreement is not approved, the funds will be reprogrammed in the
future; and that regarding Councilmember Lucas's second issue,
Sentinel housing counseling, there is an existing contract for
$20,260.00 for the current year.
President Appezzato stated he supports Councilmember Lucas on both
issues; that he wants to be on record as not approving the West End
Annex improvements; and that he will support Councilmember Lucas's
suggestion to look at Sentinel housing counseling, and perhaps turn
part of the function over to the Rent Review Advisory Committee.
Councilmember Lucas moved that Council accept the recommendation
except for the expenditure [funding] for the West End Annex
[improvements].
President Appezzato seconded the motion.
Under discussion, Councilmember DeWitt stated that it appears
Council has an item coming up on the [Regular] Agenda which is the
West End Annex [Intro. of Ord., Lease between Bernita Leskowski and
Regular Meeting, Alameda City Council
April 18, 1995
City]; and that perhaps Council should be voting on the Annex
before voting on eliminating this section [funding for
improvements].
President Appezzato responded that he presumes the members of the
Council who vote for the Annex [improvements], will vote also for
the Annex [Lease] later; and that there are only two Councilmembers
apparently opposing the Annex, so the votes are there to pass the
item.
Vice Mayor Mannix stated Council is discussing reprogramming of
CDBG funds; that if the funds are not applied at a future time,
they can be reprogrammed; and that if Council votes to accept this
report [and recommendation], it does not mean Council is voting to
accept the West End Annex; and that it is a formality in the event
Council accepts the West End Annex report.
Councilmember Lucas's motion failed by the following voice vote:
Ayes: Councilmember Lucas and President Appezzato - 2. Noes:
Councilmembers Arnerich, DeWitt and Mannix - 3. Absent: None.
Vice Mayor Mannix moved acceptance of the report [and
recommendation to authorize reprogramming of CDBG funds and
amendments to the FY 1994-95 CDBG Final Statement].
Councilmember DeWitt seconded the motion.
The motion carried by unanimous voice vote - 5.
AGENDA ITEMS
95-249 Public Hearing to consider sidewalk repair report and
Resolution No. 12635 Imposing Liens and Establishing Interest Rates
on Amounts Owed by Property Owners Who Have Failed to Pay Sidewalk
Repair Assessments. Adopted.
Roy Lines, Alameda, owner of property located at 950 Santa Clara
Avenue, stated that he objects to: how the City approached him on
the issue; receiving an estimate of $1,000 and being charged
$1341.60 by the City; paying for the replacement of inferior one-
inch concrete; and not being allowed to have a planter area, as his
neighbor on Caroline Street.
President Appezzato requested the Public Works Director to comment
on the matter.
The Public Works Director explained the City's policy. He stated
that the property owners were offered a chance to do their own
repair work and received public notice that the City would do the
work if they did not; and that the City did the work and the
property owners should pay the fee.
Regular Meeting, Alameda City Council
April 18, 1995
1
In response to Councilman Arnerich's inquiry, Mr. Lines commented
that the City did not do what they stated they were going to do;
that the City eradicated several marks on the concrete after they
spoke with him; and that the concrete was done incorrectly.
In response to Councilman Arnerich's inquiry, the Public Works
Director stated that the work was done by outside contractors.
Councilman Arnerich moved approval of imposing the eleven (11)
Liens, subject to Lien No. 7 being removed if staff discovers Mr.
Lines' allegations are correct.
Councilmember DeWitt seconded the motion.
Mr. Lines stated that he is not complaining about the workmanship.
President Appezzato stated that everything will be looked at if, in
fact, the motion carries.
Under discussion, Vice Mayor Mannix stated that if the one-inch
concrete was standard when laid in 1960 and it deteriorates, it is
still the property owner's responsibility to repair it; and if not
(repaired by property owner], the City has to repair the sidewalk,
and the homeowner billed; otherwise, the City faces a great
liability with sidewalk falls.
Councilman Arnerich stated that Council is making sure that the
sidewalk repair and billing are correct.
President Appezzato stated that it is his understanding that Mr.
Lines is not questioning the workmanship, but the amount of the
bill.
The motion carried by unanimous voice vote - 5.
95-250 Report from Chair, Base Reuse Advisory Group (BRAG),
regarding the transfer of the BRAG to the Alameda Reuse and
Redevelopment Authority (ARRA).
Neil Patrick Sweeney, Alameda, stated that he supports the
recommendation to transfer the Base Reuse Advisory Group to the
Authority; and discussed various aspects of base closure.
President Appezzato explained the purpose of the recommendation.
Councilmember DeWitt stated that the Base Reuse Advisory Group is
doing a great job, and the proposal will streamline their efforts.
Councilmember DeWitt moved that the Base Reuse Advisory Group
report to the Alameda Reuse and Redevelopment Authority.
Regular Meeting, Alameda City Council
April 18, 1995
;
Councilmember Lucas seconded the motion. The motion carried by
unanimous voice vote - 5.
95-251 Report from City Manager regarding status of the interim
public parking lot at the Linoaks Motel. (Mayor Appezzato)
President Appezzato explained that the matter was placed on the
agenda by the Vice Mayor and himself as a status report only, and
that no decision will be made this evening; he stated that the item
was placed on the agenda to clear up some serious misconceptions
and statements made in January in a staff report and public
discussion; that citizens need to understand the City Council is
being asked to approve almost $700,000 in support of the Theater
project; and that the City is not responsible for any delay in the
project.
The City Manager provided the Council with an overview of the staff
reports presented to Council in November, 1994 and December, 1994;
explained that Mr. Michaan, the Developer, at that time wanted to
fast track the process to be ahead of the theater project in Jack
London Square; that the developer has not yet lined up the
financing and has just recently submitted an application, and the
Jack London Project has begun; and that Mr. Michaan is willing to
proceed even if the other project comes in at the same time.
President Appezzato stated he voted [on the matter in 1994] with
the complete understanding that there was no option; that now, he
has found the basis for the project has changed; and that he
thought it prudent to agendize the matter for a public hearing.
Gerhard Degemann, Alameda, stated that he is in support of the
Alameda project, however, it must make financial sense; and
Council must choose the library site first.
Don Roberts, Alameda, stated that missing from the report is
$2,850,000, the price for buying the Linoaks Motel and the land,
which means the parking lot for 116 spaces would cost actually
$3,510,000; and that Option 2, EIR - Statement of Overriding
Consideration, is the best one.
Ed Clark, Alameda, stated that he encourages the City Council to
support the project, including the interim use of the Linoaks Motel
as a parking lot, if necessary.
Jerry Sherman, Alameda, stated that he is in support of the City
Manager's report to the City Council.
Daniel Corcoran, Alameda, stated that a lot of people are very
confused about the Linoaks situation, and he suggested selling the
property and using the funds for something else.
Regular Meeting, Alameda City Council
April 18, 1995'
Vice Mayor Mannix stated the staff report answers a great deal of
his questions; that he is concerned about the way the matter was
presented in December; that Linoaks was purchased to be demolished;
that we need to understand the library site is not jeopardized by
whatever is done with the interim parking lot project; that the
parking lot is in response to some overall needs for increased
parking in the Park Street area; that the theater is one more step
in the revitalization of the [Business] District; and that the
parking lot will generate income of approximately $75,000 a year.
Councilmember Lucas stated that she believes Vice Mayor Mannix
stated the matter well.
Councilmember DeWitt stated that he would like to request the City
Manager not to go any further with demolishing the building at this
time.
The City Manager stated that the City is not going to proceed with
demolition until the City knows Mr. Michaan is definitely following
through with the project; that the Application has been turned in
for the development of the theater and is complete. He also
explained the review and building permit processes.
Councilman Arnerich explained that the funds to purchase the
Linoaks property were not City money; that the City Council will
have a clearer picture in the months to come on how to proceed; and
that the Council will see to it that the City is protected.
Councilmember Lucas moved to accept the report.
Vice Mayor Mannix seconded the motion. The motion carried by
unanimous voice vote - 5.
* * *
The City Council recessed and reconvened to address the next item
on the Agenda.
* * *
95-252 Report from Community Development Director recommending
adoption of Community Development Block Grant (CDBG) Consolidated
Plan and FY 1995-96 Action Plan and authorizing execution of
certifications, grant agreements and related documents.
Beverly Dinkins, Sentinel Fair Housing, voiced objection to
Councilmember Lucas's proposal to transfer landlord-tenant
counseling to the Rent Review Advisory Committee.
Don Bergen, Alameda, stated that near Central Avenue and Weber
Street there are two pink apartment buildings; that the landlord
lives out of town; that it is a slum in the middle of a nice area;
and requested that a letter be sent by the Mayor on the matter.
Regular Meeting, Alameda City Council
April 18, 1995
Mr. Bergen also commented on various public services receiving CDBG
funding; and stated that, in part, that the Midway Shelter should
be closed; that Sentinel should become more private; and that the
West Teen Program should become a volunteer program.
American Red Cross (ARC) representatives Jo Crowley, Harry Hartman,
Patty Leech and James Franz requested that the City Council support
funding for ARC.
Fran Bowman, Sentinal Fair Housing, requested that the City Council
approve the staff recommendation.
Following brief comments by Councilmember Lucas concerning drug and
alcohol rehabilitation programs and Councilmember DeWitt regarding
ARC working with Community Development staff, Councilman Arnerich
moved approval of the staff recommendation. Councilmember DeWitt
seconded the motion.
Under discussion, President Appezzato stated that he does not
support funding for the West End Annex improvements, however, he
will support the motion.
The motion carried by the following voice vote: Ayes:
Councilmembers Arnerich, DeWitt, Mannix and President Appezzato -
4. Noes: None. Absent: [from dais] Councilmember Lucas - 1.
Abstentions - None.
95-253 Report from Personnel Director regarding Employment
Processing Fees. (Vice Mayor Mannix)
Vice Mayor Mannix stated that he believes the employment processing
fee represents an oppressive fee and generates an image problem for
the City; that he is not sure it is a trade standard either in the
public or private sector; and that he would like to know if it is
a policy Council wants to continue.
Councilmember DeWitt requested that staff provide information on
the workload regarding job applicants.
The City Manager explained that the $5.00 fee is to cover the cost
of processing an application; that last fiscal year the City
processed over three thousand applications for jobs, and the City's
cost per application is $5.00; and that staff is trying to not make
the taxpayers absorb the burden. He further explained that some
tests include physical agility and psychoanalysis examinations.
Councilman Arnerich stated that in these times of reduced budgets
and personnel, the City must try to have everything pay for itself;
and that it is important to know if anyone cannot afford the fee,
so that he or she does not have to pay it.
Regular Merlin, Alameda City Council
April 18, 1995
In response to President Appezzato's inquiry, the Personnel
Director stated that approximately 800 of the people who apply for
jobs are employed and 10% receive fee waivers.
Vice Mayor Mannix moved that the fee be dropped. Motion failed for
lack of a second.
Councilmember Lucas moved acceptance of the report. Councilman
Arnerich seconded the motion. The motion carried by unanimous
voice vote - 5.
95 -254 Introduction of Ordinance Approving and Authorizing the
Execution of a Lease Between Bernita Leskowski and the City of
Alameda for Real Property Located at 1701 Webster Street.
Frank Stern, Oakland, property owner's representative, stated that
the Lease has been renegotiated to accommodate only the Community
Development Department, and exclude the Recreation and Parks
Department; that tenant improvements will be funded by CDBG funds;
that rent is a modest $2,300. per month; and that there is a
significant tenant - improvement contribution from the property
owner.
Niall Leahy, Alameda, stated that he supports the West End Annex,
and discussed certain Councilmembers' objections to the proposal.
Former Alameda Mayor, William McCall, stated that the Bruzzone
family is liquidating their properties in Alameda; that Don
Bruzzone is the trustee of the Estate; that there are at least two
acres of property on Buena Vista Avenue, four or five acres from
Buena Vista to Atlantic Avenue, a home adjacent to the Food Bank,
and a fourplex at the corner of Concordia and Pacific Avenue; and
suggested that the City may wish to consider use of the properties
for housing City departments.
Tony Daysog, Alameda, stated that he hopes the City Council will
put the Community Development Department on Webster Street.
Ed Clark, Alameda, discussed the definition of xenophobia with
Councilman Arnerich, as it relates to Councilmember(s)' position(s)
on the matter.
Allen Derr, Alameda, discussed various lease agreement provisions,
and stated that he is against the project because it is too
expensive.
Jerry Sherman, Alameda, requested that the City Council not lease
the property at 1701 Webster Street, given the City's financial
position; and stated that any found money should go towards full -
time library service and a full -time City Hall.
Regular Meeting, Alameda City Council
April 18, 1995
Don Bergen, Alameda, stated that there is plenty of room at the
west end of the building [Historic Alameda High School] for the
Community Development Department.
Vice Mayor Mannix requested that the City Manager address two
issues concerning the Lease: 1) the property tax section and 2)
the Consumer Price Index increases.
The City Manager responded that the City may file a declaration
with Alameda County to not be subject to property tax, and that the
Consumer Price Index clause requires annual upgrades. He also
explained why the Community Development, and Recreation and Parks
Departments must be relocated.
Vice Mayor Mannix noted that in the second paragraph of the second
page of the report that there is a statement: "the property owner
appears to remain committed to paying for demolition," which
appears vague to him.
The City Manager responded that the statement could be better
worded to state that the property owner is committed to paying.
In response to Councilman Arnerich's inquiry, the City Manager
stated that there are sufficient funds and there will be no drain
on the General Fund Budget.
In response to Councilmember DeWitt's inquiry, the City Manager
stated that the Bruzzone property might have been a consideration
had the City been looking at it sometime ago; and that staff
believes the Annex would be better on Webster Street.
Councilmember Lucas stated that she is not going to support the
proposal; that it is proposed to expend $200,000 in improvements of
a property that the City does not own; and it does not make any
sense to her.
President Appezzato stated he cannot support the proposal because
there are other options; that he voted no last time and he will be
consistent; and that he agrees with Councilmember Lucas that
Council should look at properties the City currently owns.
Vice Mayor Mannix stated he does not see where the City has funding
available to purchase a piece of property; that the City has CDBG
funds which can be invested in the project and the funds are
designated to enhance a business district like Webster Street; and
moved that the City Council introduce the ordinance authorizing the
execution of a lease substantially similar to the draft lease
agreement.
Councilmember DeWitt seconded the motion.
Regular Meeting, Alameda City Council
April 18, 1995
President Appezzato stated that he is not considering buying any
property; that he is saying maybe the CDBG money could be used to
fix City properties in blighted areas.
The motion carried by the following voice vote: Ayes:
Councilmembers Arnerich, DeWitt and Vice Mayor Mannix - 3. Noes:
Councilmember Lucas and President Appezzato - 2. Absent: None.
Abstentions - None.
ORAL COMMUNICATIONS, NON-AGENDA (Public Comment)
95-255 Earl Peacock, Chair, Grass Roots Committee for Fair
Taxation, stated that he wants to compliment the Mayor and
Councilmember Lucas for standing their ground on a project where
the funding is definitely not nailed down; and suggested that the
City Manager and staff work on a cost-benefit ratio basis.
95-256 Neil Patrick Sweeney, Alameda, suggested that City
employees, including members of the Police and Fire Departments, be
encouraged to attend every first-time homebuyer seminar; stated
that employees purchasing their own home could result in earning
equity and giving themselves a salary increase; and encouraged
every citizen to attend homebuyer seminars.
Vice Mayor Mannix suggested Mr. Sweeney provide information to the
Presidents of the Police and Fire Associations.
95-257 Don Roberts, Alameda, questioned whether Mr. Michael
Hellmann serving as Chair of the Mayor's Committee for the Disabled
and recently filing a lawsuit on behalf of Mr. Corcoran, represents
a legal conflict of interest.
President Appezzato requested that the City Attorney provide the
City Council with a memo on the matter.
Mr. Roberts further stated that the Pacific Shops, Inc. Lease has
not yet been placed on the agenda; that believes that lease will
have to be continued on an interim basis and Mr. Milani's
Corporation will save a considerable amount of money; that a
minimum fee should be $60,000 per year; and that his preference is
staff put out requests for proposals for the three and one-half
acres of waterfront property owned by the City.
[Councilmember Lucas, due to illness, left the Council Chamber at
10:35 p.m.]
President Appezzato stated that in fairness to Mr. Milani, the
property belongs to John Bentzen; and that the City Manager has
assured him [Appezzato] the rights of the City and Mr. Bentzen will
be protected.
Regular Meeting, Alameda City Council
April 18, 1995
COUNCIL COMMUNICATIONS (Communications from Council)
95-258 Consideration of a delegate and alternate delegate to the
Association of Bay Area Governments. Not Heard.
95-259 Vice Mayor Mannix stated, when convenient, that the City
look at cost-benefit ratio process proposed by Mr. Earl Peacock.
95-260 Councilman Arnerich stated that he recently read that the
Contra Costa Board of Supervisors provide greater public
participation at their meetings, and requested the City Manager and
staff to look into the matter.
95-261 President Appezzato read the names of Police Officers
recently commended by Chief of Police Matthews for professional
conduct and bravery.
ADJOURNMENT
95-262 President Appezzato adjourned the meeting at 10:45 p.m.
in memory of police officers recently killed in the line of duty:
Oakland Police Officer Timothy Howe, Mendocino County Deputy
Sheriff Bob Davies, and Newport Beach Police Officer Bob Henry; and
in memory of all police officers killed in the line of duty.
Respectfully submitted,
DIANE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance.
Regular Meeting, Alameda City Council
April 18, 1995