1994-02-15 Regular CC Minutes30
MINUTES OF REGULAR MEETING OF ALAMEDA CITY COUNCIL
FEBRUARY 15, 1994
The meeting was convened at 7:30 p.m., with President Withrow
presiding. The Pledge of Allegiance was led by Councilman
Arnerich. Reverend Juan Saavedra, Court Street United Methodist
Church, gave the invocation.
ROLL CALL -
Present: CoUncilmembers Appezzato, Arnerich,
Lucas, Roth and President Withrow - 5.
Absent: None.
ANNOUNCEMENTS OF CLOSED SESSION ACTION(S) if any.
94-076 Mayor Withrow announced that, at the Special Council
Meeting at 6:45 p.m., Council adjourned to Closed Session to
consider:
Significant Exposure to Litigation, pursuant to Subsection (b) of
Government Code Section 54956.9 of the Brown Act: discussed status
of exposure to litigation, no action was taken;
Pending Litigation, pursuant to Subsection (a) of Government Code
Section 54956.9 of the Brown Act: discussed status of case of
Delucchi v. City, no action was taken; and
Labor Relations, pursuant to Subsection (a) of Government Code
Section 54957.6 of the Brown Act: discussed status of Labor
Relations with City's negotiator, no action was taken.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
94-077 Proclamation Declaring the Month of February, 1994, as
Black History Month to Recognize Achievements and Contributions of
African-Americans.
Mayor Withrow read the proclamation and presented it to Albert
DeWitt, who accepted with words of appreciation.
94-078 Proclamation Declaring February 20, 1994, as a Day of
Remembrance in Commemoration of the Internment of Japanese-
Americans during World War II. (Councilmember Appezzato)
Mayor Withrow read the proclamation and presented it to Roy Mita.
Don Roberts, Alameda, noted Alamedan Minoro Nakiyama, U.S. Army,
died a hero in World War II; commended Mayor Withrow and Councilman
Arnerich for voting on Council, a few years ago, to approve the
naming of the first street in Alameda after a Japanese-American.
Minutes of the Meeting of the Regular City Council
February 15, 1994
3'
Roy Mita, Alameda, stated Alameda is changing, expressed thanks,
and invited everyone to the February 20th commemoration to be held
at Twin Towers Memorial Methodist Church at which Mayor Withrow
will be a speaker.
Lawrence Van Hook, Alameda, thanked City Council and Mayor Withrow
for the Proclamation for African-American History Month.
CONSENT CALENDAR
Mayor Withrow announced that, at the request of the public and
Councilmembers, report 94-084 on Chief of Police recruitment,
report 94-085 facility at Krusi Park, and Bills 94-086, were
removed from the agenda for discussion.
Councilmember Lucas moved approval of the remainder of the Consent
Calendar. Vice Mayor Roth seconded the motion which carried by
unanimous voice vote - 5.
Items so enacted or adopted are indicated by an asterisk.
*94-079 Minutes of the Regular Council Meeting of February 1,
1994. Approved.
*94-080 Report from Finance Director transmitting Investment
Report for period ending January 31, 1994. Accepted.
*94-081 Resolution No. 12497 "Authorizing Open Market
Purchase of a Modular Ambulance for the Fire Department." Adopted.
*94-082 Resolution No. 12498 "Approving Final Form of
Agreements and Documents Relating to Installment Purchase of Street
Improvements From the Alameda Public Improvement Corporation."
Adopted.
*94-083 Resolution No. 12499 "Recognizing Redwood Day School
as an Asset to the Community and Supporting Redwood Day School's
Relocation Within the City of Alameda." (Councilmember Lucas)
Adopted.
94-084 Status Report from City Manager on Chief of Police
Recruitment. Accepted.
Don Roberts, Alameda, stated a question he had was answered during
the break.
Vice Mayor Roth noted he wanted the matter pulled off as he asked
for the report to inform the public; he questioned when the new
Chief is expected to be named.
In response to Vice Mayor Roth, the City Manager stated a Chief of
Minutes of the Meeting of the Regular City Council
February 15, 1994
Police will be named within 30 days; and report on community
policing will be provided.
Vice Mayor Roth moved acceptance of the report. Councilman
Arnerich seconded the motion which was carried by unanimous voice
vote - 5.
94-085 Report from Assistant City Manager Regarding Wet Weather
Facility at Krusi Park.
Councilman Arnerich stated he wanted to be sure that the contract
regarding the facility is drawn up tightly with ample penalties
[liquidated damages] for delays.
Responding to Councilman Arnerich, the City Manager and Public
Works Director explained the necessity for 12 months to complete
the project, noting the project is installation of a detention
basin, a million-gallon underground reservoir; with added
construction work due to the high-water table; is a large project;
and includes a pump station.
Mayor Withrow suggested a sign stating "Project of EBMUD" be posted
at the site.
Councilman Arnerich stated he believes one year is sufficient to
complete the work; and moved acceptance.
Councilmember Lucas discussed possibility of impact on tank by
earthquake with the Public Works Director.
Vice Mayor Roth seconded the motion which carried by unanimous
voice vote - 5.
94-086 Bills for ratification.
Don Roberts questioned payments to: 1) AC Transit for BART
shuttle; suggested possible funding by BART; and 2) John Beery for
$2,167, noting $62,500 payment due the City which Mr. Beery is
holding as the money is offset by monies which he believes the City
owes him; and Mr. Roberts suggests the City should withhold payment
from Mr. Beery.
In response to Councilman Arnerich's question concerning why the
City would not be withholding money, the City Manager stated the
item involves work utilizing FEMA money collected for a project on
an earthquake-damaged retaining wall, and he would need to consult
with City Attorney as the question is legal rather than management.
Councilman Arnerich stated perhaps a legal opinion could be
forwarded to Council.
Minutes of the Meeting of thi. Itogular City Couiwil
February 15, 1994
The City Attorney stated the Bills have been paid and are before
Council for ratification; however, she will look at the matter, at
future payments, and if possible, pursue it.
Mayor Withrow stated he would like staff to pursue Mr. Roberts'
suggestion regarding BART funding of shuttles, an update on the
effectiveness of the shuttles, and to what degree AC Transit has
followed the desires of the City to publicize and make it a more
visible service.
Vice Mayor Roth noted a [Lease] Agreement with A.C. Transit
provides City funds to offset some of their cost.
Councilmember Lucas moved approval of ratification of bills in the
sum of $1,793,476.47. Councilman Arnerich seconded the motion which
carried by unanimous voice vote - 5.
AGENDA ITEMS
Actions Related to Base Conversion Process.
94-087 Status Briefing on Base Conversion Process.
Project Manager Parker briefed Council on various aspects of the
process, activity of City staff, Base Conversion Office and the
Base Reuse Advisory Group (BRAG), including: Navy information
placed in the library for the public; a digitized mapping base
format; coordination with Navy to complete its environmental base
line survey; time frames for federal and homeless screening
processes; briefing on port use of facilities; a construction
public works grant for Main Street corridor flood control and
transportation enhancement project; BRAG endorsed Alameda Science
City concept, took action for gun-testing facilities transfer to
Concord Naval Weapons facility, and the potential of using a
redevelopment district as a vehicle in replanning the base,
endorsed Regional Access Study of alternatives between Alameda and
Oakland, and set town meeting for Thursday night; Council had
requested that the topic of the Reuse Authority be brought back in
the form of a public work session that is now scheduled for
February 22nd; and draft budget is being revised.
In response to Councilmember Lucas, Project Manager Parker stated
he believes Council will be prepared to take some action
fundamental to the Reuse Authority on February 22nd.
Vice Mayor Roth stated, on the 22nd, instead of a work session,
perhaps a special meeting could be held so Council can take action.
President Withrow stated he has authorized a special meeting.
Stephen Fee, reported, concerning the Special Government Combining
Minutes of the Meeting or the Regular (lily Council
February 15, 1994
District Ordinance [94-088], that the Economic Development
Subcommittee voted unanimously to support amending the ordinance,
brought it before BRAG which also voted support.
Mayor Withrow commented on the conversion process; noting the Navy
underestimated the cost of base closure and is now in a position
without enough money to close nor enough to remain in operation;
one of the risks the City is exposed to is elongated closure and
the risk of our facility being mothballed, i.e., jobs being lost;
most of the funds appropriated for the Southern California
earthquake came out of Department Of Defense (DOD) Base Closure
funding.
Mayor Withrow also stated that, according to the survey the EBCRC
has made concerning homeless providers, 17 agencies have indicated
an interest, when processing under the McKinney Act begins; the
program on transportation access is formalized, and involves access
issues at Webster and Park Streets, Fruitvale and 29th Avenues.
94-088 Ordinance No. 2658, N.S. "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)." Adopted.
Vice Mayor Roth moved Final Passage of the Ordinance. Councilmember
Lucas seconded the motion which carried by unanimous voice vote -
5.
94-089 Public Hearing to Consider Ordinance No. . N.S.
"Establishing City of Alameda Cable Television Basic Service Tier
Rate Regulations." Introduced.
On the call for public speakers, there were none, and Mayor
Withrow closed the public portion of the Hearing.
Councilman Arnerich moved introduction of the ordinance; and stated
he is glad local agencies are receiving an opportunity to have a
voice in the basic services provided to local subscribers.
Councilmember Lucas seconded the motion.
At the request of Councilmember Appezzato, the Assistant City
Manager explained the process for regulating rates; and stated
Council is ratifying rates established by the FCC.
The motion carried by unanimous voice vote - 5.
94-090 Public Hearing to consider Negative Declaration IS-93-3
and proposed Rezoning R-93-2 to change 2313 San Antonio Avenue from
C-2 (Central Business District) to R-5 (General Residential
District); and
Minutes of the Meeting of the Regular City Couneil
February 15. 1994
Ordinance No. , N.S. "Reclassifying and Rezoning Certain
Properties within the City of Alameda by Amending Zoning Ordinance
No. 1277 for that Property Located at 2313 San Antonio Avenue."
The Planning Director explained the background of the matter.
In response to Councilmember Lucas, the Planning Director addressed
off-street parking.
Councilman Arnerich noted the first page of the report, first
paragraph, line 6, should be corrected to reflect the direction to
be "...to the East..."
Councilmember Lucas moved adoption of the Negative Declaration.
Councilmember Appezzato seconded the motion which carried by
unanimous voice vote - 5.
Councilmember Lucas moved introduction of the ordinance for
rezoning. Councilmember Appezzato seconded the motion which
carried by unanimous voice vote - 5.
Mayor Withrow stated the resolution adopting the Negative
Declaration will come before Council March 1, 1994.
94-091 Public Hearing to consider Vacation of a Portion of
Mecartney Road Right-of-Way Adjacent to 158 Maitland Drive; and
Resolution No. 12500 "Vacating a Portion of Mecartney Road
Adjacent to 158 Maitland Drive." Adopted.
On the call for speakers, there were none.
President Withrow closed the public portion of the Hearing.
Councilmember Lucas moved adoption of the resolution. Vice Mayor
Roth seconded motion which carried by unanimous voice vote - 5.
94-092 Written Communication from Rick Cole, Mayor, City of
Pasadena, encouraging Council to adopt resolution similar to
Pasadena's, related to combatting rampant violence.
Councilman Arnerich stated there should not only be a resolution,
but action plans also.
Vice Mayor Roth moved acceptance of the Written Communication and
directed City Manager to proceed with a similar resolution.
Councilmember Lucas seconded the motion and suggested the Acting
Chief of Police provide proposals to solve some of the problems.
President Withrow stated the resolution would be a statement of
Minutes of the Meeting of the Regular City Council
February 15, 1994
commitment to citizens of the City that Council will pursue
principles set forth in the resolution, and follow whatever
strategies are necessary; and actions the City should take
concerning regional and state issues; and will maintain a system to
monitor the criminal justice system.
The City Manager stated the Acting Chief could make preliminary
comments and he may be able to provide additional information in a
cover letter when the resolution is presented to Council.
In response to Councilmember Lucas, the Acting Chief of Police
outlined how the resolution will be developed and discussed with
Councilmember Lucas, the possibility of obtaining statistics and
general information from the County.
Mayor Withrow requested the Chief to investigate the program in
Contra Costa County which houses violent juvenile criminals and
runs test cases on weekends.
Vice Mayor Roth noted a number of programs the Alameda Police
Department has instituted, e.g., walking patrol, School Resource
Officer, kiosks.
Mayor Withrow stated the positive aspects mentioned are under
control of the City of Alameda, however his and Councilmember
Lucas's concerns are addressing matters outside of the jurisdiction
of Council, the City, and the Acting Chief of Police and the issues
that involve violent criminals that do not go to jail, and the data
would be helpful.
Councilmember Lucas stated that the data would give Council an
indication of where it could work with the regional agencies.
The motion carried by unanimous voice vote - 5.
NEW BUSINESS AND UNFINISHED BUSINESS
94-093 Vice Mayor Roth stated he would like the Agenda Item New
Business placed on agenda for Council consideration; that this
category is strictly for Council, and perhaps the name could be
changed to clarify that.
94-094 Councilman Arnerich requested a report within 30 to 45
days, on the feasibility of reducing ferry rates for families and
groups at non-commute hour during holiday periods.
94-095 Mayor Withrow requested [EBMUD] East Bay Municipal
Utility District brief Council on the status of water supplies in
relation to the City of Alameda, and how secure we are in terms of
satisfying our water needs and the impact of the drought being
discussed, and the impact of the action taken to not follow through
Minutes of the Meeting of the Regular City Conned
February 15, 1994
37
on securing additional water supplies for this area.
ADJOURNMENT
President Withrow adjourned the meeting at 8:47 p.m.
Respectfully submitted,
DIANE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance.
Minutes of the Meting Of ilk. Regular City Council
February 15, 1994