1994-02-01 Regular CC MinutesMINUTES OF REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 1. 1994
The meeting convened at 7:35 p.m., with President Withrow
presiding. Vice Mayor Roth led the Pledge of Allegiance. Mr.
Robert Travall, Member, Baha'i Faith, gave the invocation.
ROLL CALL -
Present: Councilmembers Appezzato, Arnerich,
Lucas, Roth and President Withrow - 5.
Absent: None.
ANNOUNCEMENTS OF CLOSED SESSION ACTION
94-045 Mayor Withrow announced that, at 7:05 p.m., Council
adjourned to Closed Session to consider:
Labor Relations, pursuant to Government Code Section
54957.6 of the Brown Act: Gave instructions to the City negotiator;
and
Initiation of Litiaation, pursuant to Government Code
Section 54956.9 of the Brown Act: Discussed initiation of
litigation; no action taken.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
94-046 Proclamation recognizing February 10, 1994 as Vietnamese
New Year's Day and proclaiming February 6, 1994, through February
13, 1994 as Vietnamese Community Week.
President Withrow read proclamation and presented same to John
Dzuong Nguyen, Executive Director, Vietnamese Fishermen Association
of America, who expressed appreciation and extended an invitation
to Council to attend the New Year Celebration on February 20th in
Oakland.
94-047 Presentation of Certificate of Service to Pamela
DeSimone.
President Withrow presented the Certificate to Pamela DeSimone, who
stated serving the community and City is both a privilege and
responsibility and encouraged citizens to volunteer.
94-048 President Withrow reported on issues from the U.S.
Conference of Mayors which he attended last week in Washington
D.C.; noted a major theme throughout the Conference was violence
and crime in the United States, noted comparison with other
countries, addressed handling of confiscated weapons; noted a call
for cities to melt down weapons; and inquired if Alameda melts down
weapons.
Minutes, Regular Meeting of City Council
February I, 1994
The City Manager replied that Alameda sends weapons to a firm that
melts the weapons down.
President Withrow reported on Conference addressing gun dealers,
drugs, boot camps, immigration, medical care for immigrants,
unfunded mandates, status of the economy.
President Withrow reported on meetings and discussions with members
of Congressional delegation; Assistant Secretary of Navy; Paul
Dempsey, Director of Office of Economic Adjustment; concerning base
conversion e.g., toxic cleanup; and commented on possibility of a
federally-supported industrial bank to bring capital into this
area.
CONSENT CALENDAR
At the request of Councilmember Appezzato, President Withrow
removed report 94-056 from Consent Calendar for discussion. Vice
Mayor Roth moved approval of the remainder of the Consent Calendar.
Councilmember Lucas seconded the motion which carried by unanimous
voice vote - 5.
Items so enacted or adopted are indicated by an asterisk.
*94-049 Minutes of the Regular Council Meeting of January 18,
1994, and the Special Council Meeting of January 18, 1994.
Approved.
*94-050 Report from Public Works Director recommending Award of
Contract to Ransome Company for Construction of Sherman Street
Extension North from Eagle Avenue to the Easterly Terminus of
Atlantic Avenue (Phase 2), No. P.W. 12-92-18. Accepted.
*94-051 Report from Public Works Director recommending adoption
of Plans and Specifications and Calling for Bids for Infiltration
and Inflow, Phase IV, Sanitary Sewer Replacements in Pacific Avenue
from Fifth Street to Sixth Street, Sixth Street from Central Avenue
to Pacific Avenue, and Pearl Street from Otis Drive to Central
Avenue, No. P.W. 01-94-01. Accepted.
*94-052 Report from Public Works Director recommending
authorization of Increase in Scope of Work for Alameda Gateway
Ferry Terminal Shore Protection and Windbreak Construction Project,
No. P.W. 12-91-15, with McGuire & Hester General Contractors.
Accepted.
*94-053 Report from Finance Director transmitting Quarterly
Financial Report for period ending December 31, 1993. Accepted.
*94-054 Resolution No. 12496 "Appointing Donna Vaughn and
Dolly Ci Wai Fong, Member and Alternate Respectively, to the Bay
Minutes, Regular Meeting of City Council
February 1. 1994
Area Library and Information System Lay Advisory Board." Adopted.
*94-055 Bills, certified by the City Manager to be true and
correct, were ratified in the amount of $1,629,307.81. Ratified.
94-056 Report from Finance Director on Capital Improvement
Financing Plan.
Councilmember Appezzato noted he removed the matter from Consent
Calendar as the document is lengthy and important, and staff, for
the benefit of citizens, could review the major portions and
summarize recommendations and conclusions.
The City Manager stated two major projects were addressed: City
Hall renovation including seismic upgrade, and Golf Course
improvements including new club house and driving range.
President Withrow stated concerns about freeway failure in the
recent quake and he would like City plans revisited in the light of
recent damage.
Vice Mayor Roth concurred and stated he is sure the State will be
tightening up the Building Code.
Councilman Arnerich stated similar concerns.
Councilmember Lucas stated the Public Works Director could provide
a report on additional requirements and recommendations before the
[City Hall seismic upgrade and renovation] construction begins.
The Finance Director addressed identifying the funding mechanism;
assistance of Kelling, Northcross & Nobriega; bonds, Certificates
of Participation; cost of improvements; noted the project is
estimated at about $9,700,000; however, that may be high.
Councilmember Appezzato stated the $750,000 cost of furniture could
perhaps be reduced; the interim space rental is almost a million
dollars, and he is sure the City will be most judicious in finding
rental space.
The Finance Director noted costs are subject to refinement.
Vice Mayor Roth noted increase in revenues in the report, he cannot
support increasing fees, does not like to make cuts; and somehow
the City Manager must provide a way to fund the cost of [improving]
City Hall.
The City Manager stated perhaps a creative method will be found.
Councilman Arnerich stated in the last paragraph on Page 3 of
report concerning Golf Course improvements, the sentence concerning
Minutes, Regular Meeting of City Council
February 1, 1994
an architect should be corrected to read that the City "has not at
this time selected an architect..."
Vice Mayor Roth stated he does not want the Golf Course projects to
be delayed. Councilman Arnerich concurred.
Herbert Von Colditz, Alameda, stated he spent last week reviewing
damaged buildings for the City of Los Angeles; the engineer he
worked with stated not a single freeway that was retrofitted had
failed [in earthquake]; and identified causes of freeway failure.
President Withrow commented on Mr. Von Colditz' background as a
noted engineer; and his contributions to the City.
Councilmember Lucas moved acceptance of the report; Councilmember
Appezzato seconded the motion which carried by unanimous voice vote
- 5.
Councilmember Lucas commented for the public that this matter will
come back to Council as it is a preliminary report.
AGENDA
Actions Related to Base Conversion Process.
94-057 Status Briefing on Base Conversion Process.
Gerhard Degemann, Alameda, commented that the Coast Guard is
interested in taking over 300 housing units; and inquired which
fire department is obligated for the housing units.
The City Manager replied a great deal of discussion has taken place
concerning whether the Coast Guard would step in, what kind of
arrangements would be made, and what its obligations are; the issue
is complicated and a simple answer cannot be given.
Neil Patrick Sweeney made observations related to base conversion
process, education program; and encouraged meeting attendance.
President Withrow commented on report of statewide Governor's
Conversion Task Force, and a meeting of the Task Force next week;
and requested Councilmembers with concerns, issues they would like
clarified, or recommendations for changes, provide them to the City
Manager for forwarding to the Governor and Legislature.
President Withrow reported that the Governor of Guam and his
delegation will visit City Hall next week; Councilmembers are
invited to attend the reception in his office; and the party will
then tour the base with the Base Conversion Project Manager.
Vice Mayor Roth gave a brief report on EBCRC, that the Commission
Minutes, Regular Meeting of City Council
February I, 1994
passed its by-laws last week, included a process whereby four
members may vote and pass an issue; and is forming a 501(c)(3)
corporation which does not allow lobbying or influencing
legislation.
The City Manager and City Attorney further expanded on the specific
rules surrounding a 501(c)(3) non-profit corporation.
President Withrow stated he would like that conveyed through staff
to the Commission.
The City Attorney noted a number of problems can be raised.
Vice Mayor Roth stated he would like the City Attorney to look over
the by-laws and issue a report to give to the Commission.
Councilmembers Lucas and Arnerich concurred.
President Withrow stated he would like the by-laws reviewed by
staff, and staff take a position, bring back to Council to review
and see where a) the Commission could go astray of the law, or b)
where the City, as we relate to the Commission, have problems with
the by-laws.
94-058 Discussion of the Reuse Authority and Joint Powers
Agreement; Action thereon, if desired. (Mayor Withrow)
Mayor Withrow announced the matter has been pulled from the agenda.
94-059 Public Hearing to consider an Amendment to the Special
Government Combining (G) District of the Zoning Ordinance to
require Rezoning for Lease and Reuse by Non-governmental Entities
and to provide for Interim Uses, Subject to a Use Permit; and
Ordinance No. , N.S. "Authorizing Amending the Alameda
Municipal Code by Amending Subsection 30-4.17 (G, Special
Government Combining District), Article I (Zoning Districts and
Regulations), Chapter XXX (Development Regulations).
Stephen Fee, Alameda, BRAG, stated, that at its January 26th
meeting, BRAG voted to respectfully recommend Council delay taking
action on the G Combining District until Council's second meeting
of March, so the Economic Development Subcommittee could review the
issue and recommend action to BRAG and Council.
Following brief discussion, Vice Mayor Roth noted Council brought
up the matter, and he does not appreciate the delay.
Councilmember Lucas inquired of the City Manager if there is a
problem in complying with Mr. Fee's request.
Minutes, Regular Meeting of City Council
February 1, 1994
23
The City Manager offered alternative actions Council could take;
recommended Council take action tonight and await recommendation
from BRAG, hopefully by the 15th; and there would be no delay as
this is the first reading of the ordinance.
Councilman Arnerich concurred; and moved to proceed with the
recommendation with the proviso that BRAG will meet and come to
Council at the second reading in two weeks. Vice Mayor Roth
seconded.
Councilmember Appezzato stated he believes the City Manager's
solution is appropriate and he will support the motion.
President Withrow stated the public portion of the hearing is
closed.
The motion was carried by unanimous voice vote - 5.
94-060 Public Hearing to Obtain Citizens' Comments on Housing
and Community Development Needs.
* *
Reverend Lawrence VanHook, Alameda, inquired if a Proclamation
could be made for African-American History Month, at the February
15th Meeting.
President Withrow agreed, requested Mr. VanHook bring information
to Mayor's office; Mr. VanHook expressed appreciation.
* *
Mr. VanHook addressed the need of using community funds for youth
whether through a job, role-model or other program.
Joseph Jackson, West Alameda Youth Program, supported Mr. VanHook's
comments; addressed Council concerning needs of youth.
Carla Tillman, Alameda, stated she has been a Counselor at Juvenile
Hall, has worked with youth, and a common denominator is a lack of
community activities; and requested funding for such activities.
Herb Von Colditz, Alameda, Alameda Homeless Network, stated planned
allocation of funds from Community Development is minimal, and
Midway Center plans to close March 31 and reopen in November, which
will jeopardize community fundraising efforts and hamper work;
requested Council keep Midway open year-round.
Barbara Kerr, Alameda, stated an area including Parrot Village
Housing Project has not been included as a low and moderate income
area in staff's map; she is concerned this omission might preclude
use of funds, and requests a review; and submitted a letter
reflecting her concerns.
Neil P. Sweeney, Alameda, stated City must support Police and Fire
Minutes, Regular Meeting of City Council
February 1, 1994
2
Departments, utilize volunteers; should encourage renters to learn
how to buy homes, and teach children to handle finances.
Lois Workman, President, Social Service Human Relations Board .
(SSHRB) stated top priorities include homelessness, diversity,
children and youth services; described activities and goals.
Lisa Knight, Member, SSHRB, stated the Board, through its Exchange,
identified four areas of greatest needs for children: described,
and made recommendations, to alleviate same.
Ms. Workman noted the SSHRB, at its December Exchange called The
State of Youth Affairs, learned needs of youth and detailed same
for Council.
Councilmember Lucas complimented the Board on their impressive
detailed report.
President Withrow agreed with Councilmember Lucas; and requested
staff check on City's contribution to County on per capita basis
for mental health care; find out if it would be advantageous to the
City to withdraw funds and provide our own health care.
Virginia Krutilek, Chair, Alameda Homeless Network, stated she
would like to keep Midway open; however, recommendations for 1994-
95 are: 1) affordable housing for persons with minimum incomes, 2)
year-round emergency shelter, longer-term shelter for battered and
homeless women and their children, and 4) child-care for homeless
and low-income persons; and submitted a letter with special
recommendations regarding shelter and housing.
Jane Felker, Alameda, addressed Council regarding the Bay Area
Community Garden; gave background of effort; and noted the needs,
e.g., plastic piping, fencing; a $400 grant would probably cover
materials; and requested consideration.
President Withrow stated the Public Portion of the Hearing is
closed.
Councilman Arnerich stated omission of Parrot Village Housing
Project and concerns stated in Mrs. Kerr's letter should be
addressed, and all speakers' comments be taken into consideration.
Council by consensus accepted comments.
94-061 Report from President, Alameda Free Library Board,
regarding library tax proposal, and recommending a public opinion
poll.
Archie Waterbury, President, Alameda Free Library Board, stated the
Board recommends a public opinion poll be conducted to determine if
Minutes, Regular Meeting of City Council
February 1, 1994
2
sufficient voter support exists to warrant placing a measure on the
November Ballot; the poll would determine if support exists for a
mechanism to fund library operation or debt service on a
construction expansion project, or both; and detailed questions
that need to be answered.
Councilmember Lucas concurred that, having a poll to find out how
the residents think, would be helpful; however, before conducting
a poll, she would like to have actual costs involved in rehabbing
the Carnegie so citizens could be given definite amounts.
Bonnie Conner, Member, Library Board, stated architectural firm
should be selected,and begin on March 1st. If new specifications
[due to recent earthquake] are made, costs and plans of seismic
upgrading will be later; the Board does not want opinion poll
before having facts, and the timeframe keeps moving back.
Vice Mayor Roth stated the cost should be added, reviewed by the
Board, and brought back to Council with request and questions to be
asked; he would not approve funding this [poll] without more
information; an interim report may be done at any time but he does
not believe taking action at this time would be appropriate.
David Plummer, Alameda, commented on a Fremont, Ohio, Library,
where town's population [20,000] campaigned to improve facility,
raised $3,200,000, did no polls nor costly studies, and succeeded;
when gathering signatures to retain Carnegie Library, the pulse of
[Alameda] voters was observed to be, that people will support the
right project, and support was for Carnegie Library; believes
campaign should be for money, and vote, and not spend thousands of
dollars on a poll.
Councilman Arnerich stated, before going to voters or getting a
poll, we should know the figures involved; sees no reason to expend
possibly up to $13,000 for a poll; perhaps City's newspapers could
do opinion poll of residents; Council has gone on record to not
touch the Teeter Plan money and it should not be used; greater
restrictions may be placed on retrofitting due to recent
earthquake, and he believes this matter should be held in abeyance.
and if a special election needs to be called, Council can consider
at that time.
Councilmember Appezzato stated if the Library Board is not prepared
to proceed at this time, Council should not; he would like to wait
for information being gathered in order to make a decision; and
would oppose taking any of the Teeter money.
President Withrow agreed.
Councilmember Appezzato so moved, accepted report as is, and stated
he will not support allocation of any funds until Council hears
Minutes, Regular Meeting of City Council
February 1, 1994
results on information being gathered.
Councilman Arnerich referred to Mr. Plummer's comment on money
raised in Ohio and Lodi's [fundraising] flea market for their
library and perhaps such options could be explored.
The motion carried by unanimous voice vote - 5.
94-062 Ordinance No. 2657, N.S. "Authorizing Amendment to the
Bay Farm Island Recreation Center Lease Agreement Between the City
of Alameda and Bay Fairway, Inc." Adopted.
Councilmember Lucas moved final passage. Vice Mayor Roth seconded
the motion which carried by unanimous voice vote - 5.
94-063 Written Communication from Reverend Wilfred H. Hodgkin,
Alameda, commending the Alameda Fire Department for its outstanding
performance at the recent Clinton Avenue fire.
President Withrow commended the Fire Department for its efforts and
professionalism and expressed appreciation to Reverend Hodgkin for
writing the letter.
Councilman Arnerich concurred with Reverend Hodgkin's remarks.
Councilmember Lucas moved acceptance. Councilman Arnerich seconded
the motion which carried by unanimous voice vote - 5.
ORAL COMMUNICATIONS
94-064 John Scott Graham, Alameda, stated perhaps garage sales
should be charged a sales tax, for garage sales held more than
twice per year, to benefit City revenue.
94-065 Don Roberts, Alameda, suggested Council adjourn the
meeting in memory of Chappell Hayes, [a respected Oakland political
figure].
94-066 Gerhard Degemann, Alameda, noted a recent judgment
against Lucky Food Stores included a requirement that $1.8 million
be given to the Food Bank; and suggested the City seek a portion of
that sum for the Alameda Food Bank.
NEW BUSINESS AND UNFINISHED BUSINESS
94-067 Vice Mayor Roth requested a status report from the City
Manager on the hiring of a Police Chief.
94-068 Vice Mayor Roth requested a report on Community Policing.
94-069 Councilmember Lucas requested a resolution for the next
Minutes, Regular Meeting of City Council
February 1, 1994
7
Council Meeting supporting Redwood Day School and offering
assistance to the School District concerning a new location [for
Redwood Day School].
94-070 Councilmember Lucas requested a report, to clarify to the
public, the City's position on P.G.&E. [Pacific Gas & Electric].
94-071 Councilman Arnerich noted rock and fill, where the rail
lines end, next to Alameda Realty, needs looking into.
94-072 Vice Mayor Roth noted potholes developing at Central
Avenue and Webster Street.
94-073 Councilman Arnerich requested flag be flown at half-mast
for Mr. Hayes and August Real, Alameda Boys' Club volunteer and
staff member, former Recreation Department employee.
ADJOURNMENT
94-074 President Withrow adjourned the meeting at 9:40 p.m., in
memory of Chappell Hayes and August Real.
Respectfully submitted
774 '
Patricia Calbreath,
Deputy City Clerk
The agenda for this meeting was posted 72 hours in advance.
Minutes, Regular Meeting of City Council
February 1, 1994