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1994-06-09 Regular CC MinutesADJOURNED REGULAR MEETING OF THE ALAMEDA CITY COUNCIL JUNE 9, 1994 The meeting convened at 7:30 p.m., (following the Housing Authority Board of Commissioners Meeting) with President Withrow presiding. Vice Mayor Roth led the Pledge of Allegiance. Pastor John Pillitiere, Alameda Chapel, gave the invocation. ROLL CALL - Present: Councilmembers Appezzato, Arnerich, Lucas, Roth and President Withrow - 5. Absent: None. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY 94-284 Proclamation Commending Michael Goodwin for Heroic Efforts on May 15, 1994. Mayor Withrow read the proclamation and presented it to Michael Goodwin. 94-285 Proclamation acknowledging June as Gay Pride Month. Mayor Withrow read the proclamation and presented same to Kathy Teller. CONSENT CALENDAR President Withrow announced that report 94-294 regarding Golf Cart Lease purchase; report 94-295 on ratification of letter to President Clinton; report 94-296 regarding signalization and channelization improvements; and Resolution 94-297 concerning Island City Landscaping and Lighting District 84-2, were removed from the Consent Calendar at the request of citizens and Councilmembers for discussion. Councilmember Lucas moved approval of the balance 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. *94-286 Minutes of the Regular Council Meeting of May 17, 1994. Approved. *94-287 Report from Base Conversion Project Director, regarding Agreement Designating the City of Alameda as Subgrantee for OEA Grant #CL9405-93/94-01A. Accepted. *94-288 Report from Public Works Director recommending Acceptance of Work by Nichols Brothers Boat Builders for Alameda/Oakland Ferry Adjourned Regular Meeting, Alameda City Council June 9, 1994 Vessel Acquisition, No. P.W. 12-91-14. Accepted. *94-289 Report from Public Works Director recommending Adoption of Plans and Specifications and Calling for Bids for Construction of ADA/Title 24 Accessibility Standards at Longfellow Park, No. P.W. 03-94-04. Accepted. *94-290 Report from Public Works Director recommending Award of Recycling and Waste Reduction Grants for Fiscal Year 1994-95. Accepted. *94-291 Report from Community Development Director recommending Amendment to Agreement between the City of Alameda and County of Alameda for Use of HOME Funds. Accepted. *94-292 Report from Community Development Director regarding status of Alameda Theater. Accepted. *94-293 Bills, certified by the City Manager to be true and correct, were ratified in the sum of $2,208,024.57. 94-294 Report from Assistant City Manager recommending Authorization of City Manager to execute a Golf Cart Lease purchase agreement with E-Z-Go Golf Carts to replace existing Golf Cart Fleet. Accepted. Donald Bergen, Alameda, questioned the cost effectiveness of having a Golf Course Enterprise. Councilman Arnerich, stated point of order, that the item on agenda is the purchase of E-Z Go Golf Carts, not the operation of a Municipal Golf Course; and moved approval of the recommendation. Councilmember Lucas seconded the motion which carried by unanimous voice vote - 5. 94-295 Report from Base Conversion Project Director, regarding Ratification of a Letter from the Mayor to President Clinton from Four Bay Area Mayors Concerning the Interim Rules Implementing Title XXIX of the National Defense Authorization Act for Fiscal Year 1994. Don Roberts, Alameda, stated he supports the letter; however, has a problem with the Council's action of May 17th; the letter was not listed on the [May 17] Agenda; and there were no findings of an immediate need for Council to take action. Councilman Arnerich concurred with Mr. Roberts, and noted that Council was advised that night that they were within their province to do so [take action]. Councilmember Lucas moved approval [of the report and Adjourned Regular Meeting, Alameda City Council June 9, 1994 recommendation to ratify the execution of the letter]. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. 94-296 Report from Public Works Director recommending Adoption of Plans and Specifications and Calling for Bids for Signalization and Channelization Improvements at Atlantic Avenue and Main Street, No. P.W. 05-94-11. Vice Mayor Roth stated he is concerned what is done [improvements] could be a wasted effort, or lock the City in, improvements should depend upon what is planned for reuse of the Naval Air Station; and inquired whether there would be any consequences if Council delayed action. The Public Works Director explained the reason the matter is before Council is funding; an application for a grant was submitted some time ago, this is a project for a good entrance into whatever is developed out there; and recommended moving ahead with it. In response to Vice Mayor Roth, the Public Works Director described the project. Councilman Arnerich stated, if Council is to approve a project, they should have an idea of its general appearance; and moved [to approve report and recommendation] and in the future maybe have all other specifications come before us [Council]. Vice Mayor Roth seconded the motion. Following discussion concerning the availability of Specifications and Plans to the City Council, the City Manager stated that, in the future, all Project Plans will be displayed in the Council Chamber. Vice Mayor Roth stated that detailed specifications are not necessary; but the overall concept, a pictorial display, is, so that the people in the audience can see what it [project] is. The motion was carried by unanimous voice vote - 5. 94-297 Resolution No. 12531 "Preliminarily Approving Annual Report Declaring Intention to Order Levy and Collection of Assessments, Annexing Five Additional Parcels in Zone 5, and Providing for Notice of August 2, 1994, Hearing Thereof - Island City Landscaping and Lighting District 84-2." Adopted. Vice Mayor Roth questioned the figures in the budget for holiday decorations for Park and Webster Streets, and noted that the cost for decorations for Park Street is far below the cost for Webster Street. The City Manager responded that the decorations [figure] is more in Adjourned Regular ?sleeting, Alameda City Council June 9, 1994 order to replace and augment certain things that we have had problems with in the past. Vice Mayor Roth stated that he believes the matter should be looked at more closely; and, he "will approve the budget." Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. AGENDA ITEMS Mayor Withrow announced the agenda item concerning Introduction of Ordinance regarding smoking would be taken out of order because of the number of young adults that intend to participate. 94-298 Ordinance No. , N.S. "Amending the Alameda Municipal Code by Repealing Section 24-5 (Smoking Control) of Chapter XXIV (Public Health) and Replacing with New Section 24-5 (Smoking Pollution Control), Eliminating Smoking in Workplaces and Enclosed Public Places and Prohibiting Tobacco Product Free Distribution and Vending Machines." Introduced The following persons spoke in favor of the proposed ordinance: L. Robert Martin, M.D., American Cancer Society, Alameda Mike McCreary, Alameda Jonathan P. Krueger, Alameda, [submitted petitions] Leonard M. Casey, Alameda, [submitted petitions from restaurant owners] Suzanne N. Vinson, Alameda Coalition Group Anne K. Taylor, Alameda Robert Deutsch, M.D., Alameda Don Roberts, Alameda Councilmember Lucas moved introduction of the ordinance and complimented staff for their work on the revisions. Vice Mayor Roth stated that he still has concern regarding that section of the ordinance on distance from a building, particularly a situation involving people smoking in a car with their windows down. The City Attorney responded the ordinance does not have exceptions for specific situations; the change from 15 feet to 10 feet was intended to accommodate most of the circumstances. Vice Mayor Roth stated bars that allow smoking can exhaust [smoke] into the air and into an adjacent building, and questioned what recourse there is for that [situation]. The City Manager responded that the situation sounds unlikely. We have to work with the practical aspects of the ordinance and if we Adjourned Regular Meeting. Alameda City Council June 9. 1994 do run into a situation like that, we can work with property owners involved and make it work, or come back to Council and make changes. Vice Mayor Roth stated that he believes removing ashtrays in areas designated non-smoking could create problems. Councilman Arnerich stated that owners of bar and grill establishments believe ordinance creates unfair competition; maybe the City should look at smoke-free bars; and he is in favor of the ordinance. Councilmember Appezzato seconded Councilmember Lucas's motion, and stated that if Council needs to amend ordinance later on, Council can do so. In response to a question from Vice Mayor Roth, the City Attorney stated that there are no vested rights in dispersing tobacco products. Councilman Arnerich stated that perhaps this is a good time for the Police Department to enforce this [ordinance]. The motion carried by unanimous voice vote - 5. Actions Related to Base Conversion Process 94-299 Status Briefing on Base Conversion Process. Neil Patrick Sweeney, Alameda, stated we should declare war on environmental toxic clean-up and do it now. Don Parker, Base Conversion Project Director, reported seven (7) qualified responses have been received to the Request for Proposals for Consultants; City staff and Base Conversion Office formed a committee to review Proposals, and will report back on their progress and with a recommendation. 94-300a Public Hearing to consider Levying an Annual Assessment on the Alameda Business Improvement Area of the City of Alameda for Fiscal Year 1994-95. President Withrow opened the public hearing, noted there were no speakers and closed the public portion of the hearing. Vice Mayor Roth moved adoption. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. 94-300b Resolution No. 12532 "Confirming the Business Improvement Area Report for FY 1994-95 and Levying an Annual Assessment on the Alameda Business Improvement Area of the City of Adjourned Regular Meeting, Alameda City Council June 9, 1994 Alameda for FY 1994-95." Adopted. 94-301a Public Hearing to consider a Rezoning (R-92-4) of the parcel located at 1214 Oak Street, from C-2 (Central Business) District to R-5 (General Residential) District. President Withrow opened the public portion of the Hearing. Noting there were no speakers, President Withrow closed the public portion of the Hearing. Vice Mayor Roth stated that this matter was brought to Council in 1993; Council bypassed it; and he would like to know what prompted it to come back at this time. The City Manager responded that Council proceeded with the other properties in the surrounding area; requested that this parcel come back. There was a question about the actual uses of the property. Vice Mayor Roth stated that he thought Council wanted to have the new Code available. The City Manager stated that Council asked staff to bring the matter back after Mr. Donnelly's concerns were investigated. After discussion with Mr. Donnelly's insurance agent, he [Donnelly] is no longer opposed to R-5 zoning. Council, by consensus, introduced the ordinance. 94-301b 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 1214 Oak Street." Introduced. 94-302a Public Hearing to consider Establishment of Electrical Permit Fees and Increase of Various Other User Fees and Permit Fees. President Withrow opened the public portion of the Hearing. Noting there were no speakers, President Withrow e-lotzr1 the public portion of the Hearing. Councilman Arnerich moved [introduction of ordinance]. Vice Mayor Roth seconded the motion. Under discussion, Councilmember Lucas stated she has concerns about the amount of increases on some of the proposed fees, and she would like an explanation why some increases are so high. The Public Works Director stated plumbing and mechanical fees were Adjourned Regular Meeting, Alameda City Council June 9, 1994 not balanced with the charge versus the cost of inspection. In response to Councilmember Appezzato, the Public Works Director explained that Public Works is taking electrical inspectors into the Department; the main purpose for fee increases is to recover the cost of inspections and services; staff has put in other minor changes for clarification and to standardize fees; and currently 60% of the permits are for commercial work, and other permits are for remodeling. The motion carried by unanimous voice vote - 5. 94-302b Ordinance No. . N. S. "Amending the Alameda Municipal Code by Amending Subsection 13-4.46 (Schedule of Fees), Section 13- 4 (Electrical Code), Article II, (Electrical Requirements), Chapter XIII (Building and Housing) Pertaining to the Establishment of Electrical Permit Fees." Introduced. 94-303a Public Hearing to consider Increases to the Sewer Service Fee. The public portion of the Hearing was opened. Proponents None. Opponents: Barbara Kerr, Alameda, stated she was speaking as President of Rental Owners of Alameda; the sewer fee system is a dwelling unit tax and makes no distinction between houses in Harbor Bay Isle and the smallest cottage on the main island; the change this year is to tax each and every apartment at 90% of the rate of the average house; much worse is the increase on multiple units, and at the end of three years she will be paying 60% over what she is currently; fees are not for water treatment, but for sewer pipe; and the only decent way to tax people is by assessed valuation. David Plummer, Member, Rental Owners of Alameda, stated that he has a problem with the fact that almost the same amount will be charged for a single family dwelling as a rental unit. There being no further speakers, the public portion of the Hearing was closed. The Public Works Director stated that the federal government, which gave the City a grant to help on the sewer system, has rules whereby they want equitable fees and sewer service charges based on the amount of discharge into the sewer system; explained calculations used to determine the actual amount of water that goes Adjourned Regular Meeting, Alameda City Connell June 9, 1994 from the various categories of uses into the sewer; the sewer charge is for the operation and maintenance of the sewer collection system and pumping plant; and sewer lines are being replaced, and federal and State rules indicate the City should pay for this on a sewer charge fee based on amount of sewage discharged into the system. Councilmember Appezzato stated Page 7 of the Staff Report shows expenses jumping from two and one-half million in '93-94 to almost five million in '96-'97, and questioned the reason for the jump. The Public Works Director responded that the major increases are to accelerate our sewer projects; advice given has been to try to have about a year's budget in reserve, in case of earthquakes and hazards that may come along. In response to Councilmember Appezzato, the Public Works Director confirmed that fees, after review next year or the year after, could be reduced and are not locked in. Councilmember Lucas inquired whether the City can be more fair in the distribution of the increases between commercial properties, multiple residential properties and homeowners. The Public Works Director stated that the increases are based upon a formula and meter data. Lawrence Rugaard, Consultant, stated that the rates are uniform throughout all the user classifications; water consumption is a factor; and explained criteria used for proposed increases. In response to Councilman Arnerich, the Consultant stated the physical number of units for every multiple unit [building] is known and charges are made accordingly; noted the amount of the increase is due to change in water usage patterns over the last six years and what is being discharged into the sewers, and there is more discharge per unit for multiple units than for single family dwelling units; explained the reserves; and his recommendation is to look at the rate annually. Replying to Councilmember Appezzato's question concerning why the increase was not done years ago and gradually increased, Mr. Rugaard stated the original plan suggested annual increases, and at one point was reduced. Councilman Arnerich stated his understanding is that if the City is not in compliance with the mandated program within certain time limits, the fine could range up to $10,000 and the Consultant agreed. Councilman Arnerich stated he, reluctantly, would make the motion Adjourned Regular Meeting, Alameda City Council June 9, 1994 to see that we come into compliance; and moved introduction of ordinance and adoption of resolution. Councilmember Lucas seconded the motion which carried by unanimous voice vote - 5. 94-303b Ordinance No. • N.S. "Amending the Alameda Municipal Code by Amending Subsection 18-3.7(C) (Fees for Connecting Sewers) of Section 18-3 (Connections), and Subsections 18-4.3(A) (B) and (C) (Charges Imposed), of Section 18-4 (Sewer Service Charge), Article I, (Sewers), Chapter XVIII (Sewer and Water), Setting Sewer Fees by City of Alameda Resolution." Introduced. 94-303c Resolution 12533 "Amending Master Fee Resolution No. 12191 Setting Sewer Service and Connection Fees." Adopted. 94-304a Public Hearing to consider amending Alameda Municipal Code Section 8-29 Transportation Systems Management to Accept Delegation from Bay Area Air Quality Management District, amending Master Fee Resolution to revise TSM fees and penalties; and authorization for the City Manager to develop and to execute Delegation Plan and Delegation Agreement. President Withrow opened the public portion of the hearing. Don Bergen, Alameda, stated this matter tells people how they must go to work and fines companies if they do not go the way government wants them to go; and this is another erosion of freedom in our country. There being no further speakers, President Withrow closed the public portion of the hearing. President Withrow stated the Bay Area Air Quality District has set forth the regulations and policies and the City is receiving a delegation from them to assist in the enforcement. The Public Works Director stated the City has had a similar Transportation Systems Management ordinance; Bay Area Air Quality District has their own ordinance they could enforce; however, they have allowed various cities that wish to, to take delegation of enforcement; and he recommends adoption. Vice Mayor Roth moved adoption [recommendation to develop and execute Delegation Plan and Agreement; adopt resolution and introduce ordinance]. Councilmember Lucas seconded the motion which carried by unanimous voice vote - 5. 94-304b Ordinance No. N.S. "Amending Alameda Municipal Code by Repealing Section 8-29 Transportation Systems Management (TSM), of Chapter VIII (Traffic and Motor Vehicles) and Replacing with Revised Section 8-29 (Transportation Systems Management). Introduced. Adjourned Regular Meeting, Alameda City Council June 9, 1994 94-304c Resolution No. 12534 "Resolution Amending Master Fee Resolution No. 12191 Establishing Employer Trip Reduction Fees and Penalties." Adopted. 94-305 Report from Public Works Director regarding Appeal of April 27, 1994, Transportation Advisory Committee [TAC] Action to Install a 6-foot Vehicle Height Restriction at the Intersection of Encinal and Versailles Avenues. The Public Works Director stated staff is recommending the action of the TAC be deleted. Councilman Arnerich stated that this matter was brought to his attention by [Encinal shopping] area merchants; TAC had recommended the height limit; and he would propose hashmarks in the crosswalks to designate the area is hazardous. The Public Works Director stated all that needs to be done is to accept the recommendation to delete the 6-foot Vehicle Height Restriction as the hashmarks have already been approved. Councilman Arnerich stated that he would make the recommendation to eliminate the 6-foot height limitation as the recommendation in the report, and to go ahead and proceed with the hashmarks in the pedestrian crosswalks, and be done at both crosswalks. Vice Mayor Roth seconded the motion which carried by unanimous voice vote - 5. * * * President Withrow called for a recess of Council to reconvene at 9:25 p.m. * * * 94-306 Report from Assistant City Manager regarding Alternate Sites for Baseball Facility. (Councilmember Appezzato) Don Bergen, Alameda, stated the idea of paying so much money for a baseball facility is not a good idea; grant monies may pay for it, but those monies come from taxpayers. Brenda Knight, Babe Ruth Baseball District Commissioner, thanked the City of Alameda, Mayor Withrow and Councilmembers for their support of baseball, and the needs of youth; for four Members of the Peralta Community College District [PCCD] Board to deny this joint venture defies logic and comprehension at a time when there is a great need for such a facility; and thanked other officials and citizens who demonstrated their support of the facility. President Withrow gave the background of the recent work done toward an agreement; and inquired if there has been any formal communication from the PCCD to which the Assistant City Manager replied, none whatsoever. President Withrow stated Measure AA funds are set aside for the Adjourned Regular Meeting, Alameda City Council June 9, 1994 City; he does not believe anyone on Council would support a do- nothing position; everyone is committed to a qualified ballfield; and inquired what the probabilities are of continued action with the PCCD. Councilman Arnerich requested an explanation from staff to Mr. Bergen's statement concerning funding. The Assistant City Manager stated that Measure AA monies were approved by the voters; the City has used a great deal of that money for renovation of several parks and another $837,000 is available; his conclusion is that there are some things that can be done at the existing site; several trustees at a meeting in May indicated they would be willing to talk to the City and renegotiate the Joint Use Agreement; a ball park can be built there [at the College] as long as Council appropriates funds for that purpose; therefore, one option is to simply ask PCCD what their requirements are; another would be to ask PCCD to extend the date of the expiration of the Joint Use Agreement for another six months so that the City can work with them to determine if their conditions are viable for us, and the other is to look for other sites. In reponse to President Withrow, the Assistant City Manager stated that, based upon the opinions voiced at the Trustees' meeting, if they wanted to further look at this, the Board of Trustees or the Chancellor would have sent us [City] some kind of communication to that effect. President Withrow discussed the use of alternate funds with the Assistant City Manager; proposed that staff explore the feasibility of funding options; and if successful, a Special Council meeting can be called. The Assistant City Manager noted the Joint Use Agreement states that as long as funds are allocated by July 1, 1994, a 25 year lease is initiated; it does not state when it [the ballfield] must be built. Councilmember Lucas stated she supports the suggestion for the staff to investigate this alternative because alternate sites are not a good solution; and she wonders if each Councilmember should speak personally with one member of the Board of Trustees. Councilman Arnerich moved that the City Manager look [at], and have ready for Council at the next meeting, the ability to come up with proper funding for the baseball field at the College of Alameda. Councilmember Appezzato stated that he requested a month ago for the item to be agendized; he will make a motion that the City protect the $800,000 in the Measure AA funds for a hardball facility and investigate an alternate facility just in case the Adjourned Regular. Meeting, Alameda City Council June 9, 1994 College of Alameda is not a valid site, and Council at least look at Godfrey [Park]. President Withrow stated it is his understanding that there is nothing to protect because those funds are tagged and identified with the City of Alameda. The Assistant City Manager stated that is correct; if those monies are not used for this ballfield, they remain bankrolled for the City of Alameda. Councilmember Appezzato stated he knows that; he is saying he wants to make sure we dedicate those funds to a hardball facility. President Withrow stated everyone on Council is overwhelmingly in support of that. Vice Mayor Roth stated he still believes that we [City] could get some of the NAS land near Encinal High School, and that should be looked at. Councilmember Appezzato stated he would support that too. President Withrow stated we are in dialogue with the Navy; there are problems with that property and legal constraints with using it because of a whole plethora of laws; the property was occupied in the latter part of 1800s and early part of 1900s by a refinery in the City and substantial contamination exists; the Navy has assumed liability for it and will clean it up; the problem is how to clean it up; the Navy is investigating a steam-cleaning process but the issue is complicated; however, we want the property for a sports facility in any event. Councilman Arnerich inquired if the City Manager could provide a report to Council in two weeks; the City Manager stated he would provide it on the next agenda, and Councilman Arnerich stated the City Manager's report should include what Councilmember Appezzato stated about funding [Measure AA] remaining for a baseball field [hardball facility], and not used for anything else. Councilmember Appezzato inquired if his motion died for lack of a second. Councilman Arnerich responded he had a motion in originally and combined Councilmember Appezzato's [motion] with his. Councilmember Appezzato stated that his motion is that they [the Measure AA funds] be preserved for a hardball facility. Councilman Arnerich stated the City Manager is to also look for funding to go ahead with the most logical site, which is the Adjourned Regular Meeting,. Alameda City Council June 9, 1994 College of Alameda. Vice Mayor Roth stated the motion eliminates looking at alternate funding. Councilmember Appezzato reiterated his motion is to protect the Measure AA funds for a hardball facility. In response to President Withrow's clarification of the motion, Councilman Arnerich stated it is strictly a very simple matter of referring it back to the City Manager's Office and staff to come up with the proper funding to pursue the College of Alameda site, regardless of the monies or where they come from. Councilmember Appezzato stated he is sure the City Manager will include all implications, restrictions and impacts of those funds, wherever they come from. Vice Mayor Roth seconded [Councilman Arnerich's] motion which carried by unanimous voice vote - 5. Councilmember Appezzato clarified his motion died for lack of a second. * * * President Withrow announced that Councilman Arnerich did not feel well and had to leave. * * * 94-307 Report from Public Works Director recommending Rejection of All Bids for the Alameda City Hall Renovation, No. P.W. 10-93- 14, and Authorization to Revise Plans and Specifications and to Rebid Project. Paul Breitkopf, Alameda, stated Council should preserve and protect Alameda's heritage; should not move City Hall; grants are available for City Hall with the tower; if the building is not upgraded, it can never be used. Dev Fraser, Danville, PCL Construction, stated his firm submitted a responsible bid; offered to work with City Hall to reduce costs and price; and does not recommend rebidding. Don Bergen, Alameda, suggested gutting the whole building, and reconstruct as it may have been. Judy Pollard, Alameda, urged Council get on with the rehabilitation and renovation of City Hall so that we can have a Civic Center and shopping district that attracts rather than repels. Don Roberts, Alameda, stated, if necessary to rebid, he can agree to veneer cabinets instead of solid wood, but strongly urges Adjourned Regular Meeting, Alameda City Council June 9, 1994 r retention of tower to preserve community's historical character; and if the City does not comply to seismic ordinance, no private person will. Jean Pardue, Alameda, stated if bid documents are reviewed carefully, a successful bidder can be found; to re-engineer the building for rebid would cost more than using an experienced contractor who would work with the City to cut cost; stated this City has charm but is not cohesive; City Hall could be the focal point. Naomi Hatkin, Alameda, agreed with previous speaker concerning cohesiveness; people are attracted to historical communities; urged the City move forward by accepting responsive bidder; keep the tower foundation, get State funding, and start building. Allen Michaan, Alameda, stated he bought and renovated an old home in Alameda; the City must be a major example in preservation and restoration efforts; the tower is important but if money is not available, at least put in the foundation so the tower can be done later; and he would not like to see a modern City Hall replace this historic one when he is attempting to preserve the historic Alameda Theater. Councilmember Lucas inquired if City Hall was moved to, for example, the Naval Air Station, would it be detrimental to the Park Street District, and Mr. Michaan replied he believes it would. David Plummer, Alameda, stated the value of City Hall on this location is obvious; deleting the tower foundation, would eliminate the possibility of the tower forever; accepted practice in industry when cutting project cost, is to cut back items that are or can be shelved but can be added later, and urged Council not cut the tower but look at items that can be temporarily shelved, e.g., furniture. Susan McDonald, Alameda, stated she is present as an Alameda resident, not as representing her firm; noted City Hall is on the National Register and could qualify for available funding. In response to Councilmember Appezzato, Ms. McDonald noted possible reductions, for a total of $500,000, could be made. Councilmember Lucas discussed bids, prequalification of contractors, the process and timeline for rebidding. The City Attorney stated bidders can be prequalified, however, a rebid would be a start-over, not a negotiation. Ms. McDonald gave the advantages and disadvantages of rebidding, stated she would prefer choosing a responsible bidder; noted the Adjourned Regular Ntecting, Alameda City Council June 9, 1994 project will not be redesigned but value-engineering will take place in order to reduce costs. The Public Works Director stated page 2 of the report lists some potential savings; and staff wants guidance from Council regarding the tower foundation; if the tower is to someday be added, Council should direct staff to leave the tower foundation in the design and look elsewhere to save money; staff, including the City Manager and City Attorney discussed the matter in great detail and do not believe it would be in the City's best interest to try to [proceed with current bids] because of legal complications. Councilmember Appezzato moved to approve the recommendation and to retain the tower foundation. Councilmember Lucas seconded the motion. Councilmember Appezzato stated he would like to add [to the motion] that we retain this site as our City Hall. The City Manager stated the discussion about the site of the City Hall would be appropriate when an item is on the agenda to move the location. Councilmember Appezzato stated he would withdraw that portion of the motion. The Public Works Director stated, for clarification, staff recommendation also indicated staff would not move forward with the bidding until we were assured that the Governor's budget includes the grant. Vice Mayor Roth stated he believes our [City] workers are owed a safe building in which to work; if we receive a grant, it [renovation] would still cost $10,000,000; we are wasting money until we have money to proceed; [City] cannot negotiate with contractors until we have the money; and he will vote no; he believes other sites are available, where a much better, and more functional, City Hall could be located. The motion carried by the following voice vote: Ayes: Councilmembers Appezzato, Lucas, and President Withrow - 3. Nayes: Vice Mayor Roth: - 1. Absent: Councilman Arnerich - 1. 94-308 Ordinance No. , N.S. "Authorizing Execution of Tidelands Lease Between Pacific Shops, Inc. and the City of Alameda." [Continued to June 21, 1994] President Withrow noted this item requires four votes and Councilman Arnerich had to leave because he was ill; suggested Council pull the ordinance and bring it back at a future Council Meeting. Adjourned Regular Meeting, Alameda ('ity Council June 9, 1994 „IL Councilmember Appezzato so moved. Councilmember Lucas seconded the motion. Wayne Milani, Pacific Shops, Inc., indicated he was agreeable to the continuance. The motion carried by unanimous voice vote - 4. [Arnerich absent] 94-309 Ordinance No. 2664, N.S. "Amending the Alameda Municipal Code by Amending Subsection 12-4.5(B) of Section 12-4 (Public Off- Street Parking), Article I (Parking Lots), Chapter XII (Parking Lots and Parking Meters), to Establish Parking Rates by Resolution, and Subsection 12-13.3 (Marking of Meter Zones and Parking Therein), of Section 12-13 (Parking Meters), Article II (On-Street Parking Meter Zones), Chapter XII (Parking Lots and Parking Meters), Establishing Hours of Operation, Maximum Time Limits and Signage.” Adopted. Councilmember Appezzato moved final passage. Councilmember Lucas seconded the motion which carried by the following voice vote: Ayes: Councilmembers Appezzato, Lucas and President Withrow - 3. Nayes: Vice Mayor Roth - 1. Absent: Councilman Arnerich - 1. 94-310 Ordinance No. 2665, N.S. "Reclassifying and Rezoning Certain Properties within the City of Alameda by amending Zoning Ordinance No. 1277 for that Property located at 2301 and 2305 Eagle Avenue; 2300 and 2305 Buena Vista Avenue; and 1712 Oak Street." Adopted. Councilmember Lucas moved final passage. Councilmember Appezzato seconded the motion which carried by the following voice vote: Ayes: Councilmembers Appezzato, Lucas and President Withrow - 3. Nayes: Vice Mayor Roth - 1. Absent: Councilman Arnerich - 1. 94-311 Ordinance No. 2666, N.S. "Reclassifying and Rezoning certain Properties within the City of Alameda by amending Zoning Ordinance No. 1277 for that property located at 2301-2303 Buena Vista Avenue. Councilmember Lucas moved final passage. Councilmember Appezzato seconded the motion which carried by the following voice vote: Ayes: Councilmembers Appezzato, Lucas and President Withrow - 3. Nayes: Vice Mayor Roth - 1. Absent: Councilman Arnerich - 1. ORAL COMMUNICATIONS, NON-AGENDA (Public Comment) None. COUNCIL COMMUNICATIONS (Communications from Council) 94-312 Consideration of Mayor's nomination for an appointment to Adjourned Regular Meeting, Alameda City Council June 9, 1994 t 44,1 the Civil Service Board. President Withrow nominated Barry Chinn for reappointment. 94-313 Consideration of Mayor's nominations for three appointments to the Housing Commission (Includes one tenant-member appointment- Two Year Term). President Withrow nominated Solomon R. Edwards, Arthur A. Kurrasch, and David A. Mercado for reappointment. 94-314 Consideration of Mayor's nomination for an appointment to Library Board. President Withrow nominated Katsuyuki (Kats) Sakamoto for reappointment. 94-315 Consideration of Mayor's nomination for two appointments to the Planning Board. President Withrow nominated Gary Thomas and Benjamin D. Tilos for reappointment. 94-316 Consideration of Mayor's nomination for an appointment to Public Utilities Board. President Withrow nominated Mark J. Hanna for reappointment. 94-317 Vice Mayor Roth inquired concerning the date of the Reuse Authority Meeting. The City Clerk replied that one Councilmember needs to respond, however, it [date] appears to be moving toward July 13th. ADJOURNMENT 94-318 President Withrow adjourned the meeting at 10:45 p.m., in memory of John Barni, Sr., who attended a great many City Council Meetings, and was a significant contributor to our City. Respectfully submitted, D 'NE B. Felsch, CMC City Clerk The agenda for this meeting was posted 72 hours in advance. Adjourned Regular Meeting, Alameda City Council June 9, 1994