1994-06-21 Regular CC MinutesMINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL
JUNE 21. 1994
The meeting convened at 7:32 p.m. (following the Special Meeting of
the Community Improvement Commission) with President Withrow
presiding. Councilmember Lucas led the Pledge of Allegiance.
Reverend Don Taylor, Central Baptist Church, gave the invocation.
ROLL CALL -
Present: Councilmembers Appezzato, Arnerich,
Lucas, Roth and President Withrow - 5.
Absent: None.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
94-320 Proclamation declaring June 21, 1994 as Girl Scout Troup
169 Day.
Mayor Withrow read the Proclamation to Troop 169, presented the
Proclamation to Adult Leader Nancy Hurwitz and congratulated all
members.
CONSENT CALENDAR
President Withrow announced that, at the request of a
Councilmember, report 94-335 regarding Legal Advertising; and at
the request of a citizen, resolution 94-336 concerning
Disadvantaged Business Enterprise Program Goals, were removed from
the Consent Calendar 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.
*94-321 Minutes of the Special Council Meetings of May 31, 1994
(2), and Special Council Meeting of June 9, 1994. Approved.
*94-322 Recommendation to support Governor Wilson's request for
Federal Reimbursement to California for the costs of illegal
immigration. Accepted.
*94-323 Report from the City Manager recommending authorization
to execute Agreement with the City of Oakland for Empowerment Zone
Co-Nomination. Accepted.
*94-324 Report from Public Works Director recommending Adoption
of Plans and Specifications and Calling for Bids for Repair and
Regular Meeting, Alameda City Council
June 21, 1994
Resurfacing of Certain Streets, Phase 16, No. P.W. 04-94-09.
Accepted.
*94-325 Report from Public Works Director recommending Award of
Contract to Reliable Tree Experts for the Pruning of City Trees in
Various Locations in the City of Alameda for the Fiscal Year Ending
June 30, 1995, No. P.W. 03-94-05. Accepted.
*94-326 Report from Public Works Director recommending Award of
Contract to Mission Property Maintenance for Landscape Maintenance
of Median Strips and Special Areas for the Fiscal Year Ending June
30, 1995, No. P.W. 04-94-08. Accepted.
*94-327 Report from Public Works Director recommending Award of
Water Management Service Agreement to Aquatic Habitat Management
Corporation for South Shore Lagoon Maintenance for the Fiscal Year
Ending June 30, 1995. Accepted.
*94-328 Report from Community Development Director Regarding
Allocation of Commercial Revitalization Funds for Fiscal Year 1994-
95. Accepted.
*94-329 Report from the Community Development Director
recommending Execution of FY 1994-95 Grant Agreement with Change
Thru.Xanthos, Inc. for West End Teen Program. Accepted.
*94-330 Report from the Community Development Director
recommending execution of FY 1994-95 Grant Agreements for
Comprehensive Homeless Intervention and Prevention Services.
Accepted.
*94-331 Report from Finance Director transmitting Investment
Portfolio for Period Ending May 31, 1994. Accepted.
*94-332 Resolution No. 12535
Agency Joint Powers Agreement." A
*94-333 Resolution No. 12536
Environmental Documentation for
Correction Program." Adopted.
"Amending Congestion Management
dopted.
"Finding of Adequate
Phase V, Infiltration/Inflow
*94-334 Bills, certified by the City Manager to be true and
correct were ratified in the sum of $3,231,537.91.
94-335 Report from City Clerk recommending Award of Contract to
the Alameda Times-Star for Legal Advertising for Fiscal Year 1994-
95.
Councilman Arnerich stated the Alameda Journal is delivered free of
charge; he would like to see, in addition to the Times-Star
receiving the contract, that the same figure of $7.80 [amount of
Regular Meeting. Alameda City Council
June 21, 1994
1.:
bid for first insertion as tendered by the Times-Star] apply to the
Journal so that information could be available to persons who
cannot afford to buy a paper; and inquired if the contract could be
awarded to the Times-Star tonight with the proviso that the same
financial consideration be given the Alameda Journal, and if so,
can the City Manager look at the funding to do so.
The City Manager referred to the cost of advertising noted in the
City Clerk's report, and stated that, if the award is offered to
both newspapers, advertising would cost an additional $6000 to
$7000; and suggested the award be made as recommended by the City
Clerk, and direction be given to contact the Journal and bring the
matter back to Council.
Councilman Arnerich moved that the recommendation to award the
legal advertising contract to the Alameda Times Star be approved;
the Alameda Journal Newspaper be requested to consider adjusting
their rate for first insertions [to $7.80, amount of bid tendered
by Times-Star]; and the City Manager report back concerning
appropriate funding.
Councilmember Appezzato stated he will go forward with the award to
the Times-Star because in competitive bidding, the Times-Star won
the contract; his concern is that one newspaper won the competitive
bidding, and if we award to both papers, next year, will they both
come in at a higher price; also, there are other places to put the
$6,000 to $7,000.
Vice Mayor Roth seconded the motion.
Councilmember Lucas stated she shares Councilmember Appezzato's
concern that she does not want to spend the extra money; interested
persons can pick up the Times-Star or come to City Hall; and it
seems wasteful to ask the Journal and staff to spend time on this
issue; she will support the award to the Times-Star.
Vice Mayor Roth stated he agrees with Councilmembers Appezzato and
Lucas; he seconded to get the matter moving but he would like to
see the motion amended to forget the last portion [concerning the
Journal].
Councilman Arnerich indicated the motion would stand.
Councilmember Lucas made a substitute motion to accept the
recommendation of the City Clerk. Councilmember Appezzato seconded
the motion which carried by the following voice vote: Ayes:
Councilmembers Appezzato, Lucas, Roth and President Withrow - 4.
Nayes: Councilman Arnerich - 1. Absent: None.
President Withrow inquired if the maker of the original motion
desired a vote. Councilman Arnerich so indicated. The motion
Regular Meeting, Alameda City Council
June 21, 1994
failed by the following voice vote: Ayes: Councilman Arnerich - 1.
Nayes: Councilmembers Appezzato, Lucas, Roth and President Withrow
- 4. Absent: None.
94-336 Resolution No. 12537 "Establishing Disadvantaged
Business Enterprise Program Goals for Fiscal Year July 1, 1994
through June 30, 1995." Adopted.
Gerhard Degemann, Alameda, stated that he would like to know who
qualifies for the program, to which the City Manager responded that
it is for state and federal projects.
Councilmember Lucas stated that she has received complaints from
business owners trying to qualify for Caltrans projects; and
Caltrans does not return telephone calls and is very bureaucratic.
President Withrow responded, if complainants will write something,
that he will send a message to Caltrans and take the matter up with
the District Director.
Vice Mayor Roth moved adoption of the recommendation [to adopt the
City's DBE Program goals and retain the participation rate of 17%
and direct City Clerk to advertise same]; Councilmember Lucas
seconded the motion which carried by unanimous voice vote - 5.
AGENDA ITEMS
94-337 Resolution No. 12538 "Reappointing Barry E. Chinn as
a Member of the City Civil Service Board." Adopted.
Vice Mayor Roth moved appointment. Councilmember Appezzato
seconded the motion which carried by unanimous voice vote - 5.
President Withrow announced Mr. Chinn had a prior appointment and
could not attend; and the City Clerk will take care of the
administrative process later this week.
94-338 Resolution No. 12539 "Reappointing Solomon R.
Edwards, Jr., as Tenant Member of the City Housing Commission."
Adopted.
Councilmember Appezzato moved adoption. Vice Mayor Roth seconded
the motion which carried by unanimous voice vote - 5.
The Deputy City Clerk administered the Oath of Office.
94-339 Resolution No. 12540 "Reappointing Arthur A. Kurrasch
as a Member of the City Housing Commission." Adopted.
Councilmember Lucas moved reappointment. Vice Mayor Roth seconded
the motion which carried by unanimous voice vote - 5.
Regular Meeting, Alameda City Council
June 21. 1994
The Deputy City Clerk administered the Oath of Office.
94-340 Resolution No. 12541 "Reappointing David A. Mercado
as a Member of the City Housing Commission." Adopted.
Vice Mayor Roth moved reappointment. Councilmember Appezzato
seconded the motion which carried by unanimous voice vote - 5.
President Withrow noted Mr. Mercado could not be present.
94-341 Resolution No. 12542 "Reappointing Katsuyuki (Kats)
Sakamoto as a Member of the City Library Board." Adopted.
Councilmember Lucas moved reappointment. Vice Mayor Roth seconded
the motion which carried by unanimous voice vote - 5.
President Withrow noted Mr. Sakamoto could not be present.
94-342 Resolution No. 12543 "Reappointing Gary Thomas as a
Member of the City Planning Board." Adopted.
Councilman Arnerich moved reappointment. Vice Mayor Roth seconded
the motion which carried by unanimous voice vote - 5.
The Deputy City Clerk administered the Oath of Office.
94-343 Resolution No. 12544 "Reappointing Benjamin D. Tilos
as a Member of the City Planning Board." Adopted.
Vice Mayor Roth moved reappointment. Councilman Arnerich seconded
the motion which carried by unanimous voice vote - 5.
The Deputy City Clerk administered the Oath of Office.
94-344 Resolution No. 12545 "Reappointing Mark J. Hanna as
a Member of the Public Utilities Board." Adopted.
Councilman Arnerich moved reappointment. Vice Mayor Roth seconded
the motion which carried by unanimous voice vote - 5.
The Deputy City Clerk administered the Oath of Office.
Actions Related to Base Conversion Process.
94-345 Status Briefing on Base Conversion Process.
Project Director Parker stated that he was asked to appear in
Washington, D.C. on Thursday and Friday to become part of a
roundtable discussion regarding the rules implementing the National
Defense Authorization Act of 1994, better known as the Pryor
Amendment effecting base closure; and funds to cover the trip are
Regular Meeting, Alameda City Council
June 21, 1994
in the current budget.
Mr. Parker also noted that his office has received a notice from
WESTDIV stating unless a further request of delay is made, the
final determination on the Coast Guard's interest will be made on
November 5; and a response from the Coast Guard is expected to
clarify their interest in working with a non-profit housing entity
to assist in the management of the property.
Neil Patrick Sweeney, made suggestions for NAS use, e.g., UCSF
Hospital expansion, Hewlett Packard; and urged war be declared on
toxic cleanup, and provide bonuses and 24 hours-per-day work to
clean up NAS.
94-346 Resolution No. 12546 "Supporting Senate Bill 1971
(Bergeson) Relating to CEQA Compliance for Base Closure." Adopted.
Councilman Arnerich moved the recommendation [to support SB1971].
Vice Mayor Roth seconded the motion which carried by unanimous
voice vote - 5.
94-347 Report from Base Conversion Project Director regarding
Base Reuse Advisory Group (BRAG) Endorsement of a Joint Proposal by
Alameda Recreation Department, East Bay Regional Park District
[EBRPD] and the Alameda Unified School District (AUSD) for a Parks,
Recreation, Resource Management and Open Space Conceptual Plan for
Utilization of Alameda Naval Air Station.
Mr. Parker recognized BRAG's efforts on the Joint Proposal, and
reviewed the Staff Report and Conceptual Plan.
In response to Vice Mayor Roth, Mr. Parker and Cy Greben, East Bay
Regional Park District representative discussed shoreline access
and trail system.
Ardella Daly, BRAG Education Subcommittee, stated the Alameda
Unified School District has coming before it at its Tuesday
meeting, .a resolution in support of the Cvlik,=ptucal Plan; details
must be worked out, however, the initial step is important.
Councilman Arnerich moved the recommendation [to authorize the City
Manager to send a letter of notice of interest to the Navy
endorsing the Joint Proposal in support of the Conceptual Plan; and
that Alameda Recreation Department, EBRPD, and AUSD collectively
report back to staff of Alameda Reuse and Redevelopment Authority
with quarterly reviews]. Vice Mayor Roth seconded the motion which
carried by unanimous voice vote - 5.
94-348 Public Hearing to consider amendments to the Alameda
Municipal Code by amending certain subsections of Article I (Zoning
Districts and Regulations), Chapter XXX (Development Regulations),
Regular Meeting, Alameda City Council
June 21, 1994
-r)
regarding Crematoriums; and
Ordinance No. N. S. "Amending the Alameda Municipal Code by
amending Subsection 30-4.9 (C-2, Central Business District),
Subsection 30-4.10 (C-M, Commercial-Manufacturing District),
Subsection 30-4.11 (M-1, Intermediate Industrial Manufacturing
District), and Subsection 30-4.12 (M-2, General Industrial
Manufacturing District) of Article I (Zoning Districts and
Regulations), Chapter XXX (Development Regulations)." Introduced.
President Withrow opened the public portion of the Hearing.
There being no speakers, the public portion of the Hearing was
closed.
Vice Mayor Roth moved adoption of the recommendation [to introduce
the ordinance].
By consensus, Council approved the motion.
94-349a Public Hearing to consider a Negative Declaration and an
Ordinance rezoning the parcel at 1912 Oak Street from M-1
(Intermediate Industrial Manufacturing) District to R-5 (General
Residential) District.
President Withrow opened the public portion of the Hearing.
There being no speakers, the public portion of the Hearing was
closed.
Councilmember Lucas moved approval. Councilmember Appezzato
seconded the motion.
The motion carried by unanimous voice vote - 5.
94-349b Resolution No. 12547 "Adopting Negative Declaration
IS-94-2, for the Rezoning R-94-2, for the parcel located at 1912
Oak Street." Adopted.
94-349c 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 1912 Oak Street."
Introduced.
94-350a Public Hearing to consider Establishing the City of
Alameda's Prop 4 Spending Limitations for Fiscal Year 1994-95.
94-350b Resolution No. 12548 "Establishing Appropriations
Limits for Fiscal Year 1994-95." Adopted.
The public portion of the Hearing was opened.
Regular Meeting, Alameda City Council
June 21, 1994
President Withrow announced that, there being no speakers, the
public portion of the Hearing was closed.
Councilmember Lucas moved the recommendation [to adopt resolution
establishing the 1994 -95 Appropriations Limit in the amount of
$39,798,751]. Vice Mayor Roth seconded the motion.
The motion carried by unanimous voice vote - 5.
94 -351 Oral Report by Mayor Withrow on the Summer U.S.
Conference of Mayors' Meeting in Portland, Oregon.
President Withrow reported on the topics addressed at the
Conference of Mayors; noted that he currently serves on the Urban
Economic, and International Relations Committees, Crime and Social
Justice Task Force, and Base Conversion Task Force; and commented
on a meeting with the owner of the South Shore Shopping Center
regarding the need for increased security.
94 -352 Ordinance No. , N.S. "Authorizing Execution of
Tidelands Lease Between Pacific Shops, Inc. and the City of
Alameda." Not introduced.
Don Bergen, Alameda, stated he has not read the matter thoroughly
however, Mr. Roberts has told him this is just giving something
away for nothing, so he will say no.
Don Roberts, Alameda, thanked Mayor Withrow for his active
participation in the Mayors' Conference on behalf of Alameda;
questioned why the City does not eliminate the middle man and lease
the property directly to tenants, thereby maximizing City's
revenue; or charge Pacific Shops a percentage of gross revenue.
Wayne Milani, Alameda, Pacific Shops, stated when the lease was
first written, it was between Santa Fe, Pomeroy and the City; two
warehouses on the property have not been rented for three years;
the reason for starting an early renewal was to find good tenants
who would put money into the property and make a commitment to
Alameda; and that cannot be done on a short -term basis.
Vice Mayor Roth moved adoption of the recommendation [to find that
the proposed lease is statutorily exempt under Section 15261 CEQA
Guidelines; and approve lease by introducing ordinance].
Councilmember Lucas seconded the motion. Vice Mayor Roth stated he
is proud of the marina's appearance because it has been maintained
well.
Councilman Arnerich stated a percentage of the gross revenues
should be paid; he would not like extension for the full 20 years;
he would like five, or ten years at the most; the City should not
be locked into $20,000 a year "we should be looking at a gross
Regular Meeting, Alameda City Council
June 21, 1994
percentage, and much more-so than just CPI [Consumer Price Index]."
In response to Councilmember Lucas, the City Manager stated Mr.
Milani has asked this lease terminate at the same time as the
adjacent property lease for consistency throughout the Pacific
Shops area; and noted that the property line for the Tidelands
Trust lease goes through one of the buildings, which is about 70%
on leased property and 30% on fee-owned property.
Vice Mayor Roth stated one problem for sub-lessees is that they do
not want to make that commitment for only a 5-year lease; one of
the problems for the master leaseholder is that the lease must be
long enough to attract the businesses to make investments, and to
stay.
Councilmember Lucas stated she does not believe Councilman
Arnerich's suggestion of a ten-year [lease] plus two options would
benefit the City; it would give the benefit to Pacific Shops to
back out; she shares his concern about rental value; Council needs
staff's assurance that $20,000 is market value rent at this point;
noted a third of the land is underground and has limited use;
thinks Pacific Shops has had the advantage of past low rent; and we
should be able to negotiate a higher rent for the remaining year.
The City Manager stated if the buildings are leased next month, the
higher rate would be triggered immediately.
Councilmember Appezzato noted the ownership of the tidelands was
granted to the City by the State of California; read portions of
the Tidelands Trust Act; noted that the tidelands can never be sold
or alienated but can be leased or franchised for up to 25 years for
development; and after that period, the City can claim title to any
improvements built on the tidelands, and enjoy the profits
therefrom.
In response to President Withrow, the City Manager clarified that
the City owns the tidelands, but with covenants that state they can
only be used for commerce, navigation and cannot be sold; Ballena
Bay is also tidelands trust.
The City Attorney stated basically the Tidelands Trust Act applies
to all Tidelands; the City owns the property but in addition it is
a trust to protect for the benefit of the public.
Councilmember Appezzato stated he is not sure extending the lease
in its current form is in the best financial interests of the City;
staff must negotiate new and revised lease agreements which protect
the City's interest; perhaps the lease would be made more agreeable
if we added 50% of the gross revenue from the Marina; we could,
upon termination of the lease, take title to improvements, hire the
current management and have all of the revenue accrue to the City;
Regular Meeting. Alameda city Council
June 21, 1994
we need detailed income and expense statements on the property from
the owner.
Councilmember Appezzato moved that the City of Alameda investigate
the feasibility of acquiring the leasehold property when the lease
expires next year, and determine what the revenue potential would
be if we owned and operated the entire complex as a money making
enterprise.
Councilman Arnerich stated he would like the matter looked at.
Councilmember Lucas stated the rent is too low; and the lessee
should increase rent effective immediately without any conditions.
The City Manager, in response to Councilmember Lucas, explained how
staff arrived at the sum of $20,000; noted the property is
landlocked, has no public access without going across the fee-owned
property owned by Pacific Shops; the City could condemn some
property and obtain fee-owned access by the City; however,
considerable money would be expended, and additional improvements
would probably be needed; additionally, 30% of one building is on
fee-owned property; and practically speaking, leasing 70% of the
building would not work well; also, the boat slips attached to this
property are the personal property of Pacific Shops and not part of
the leasehold; to continue leasing the boat slips would require
purchase from the property owner or have them built at an estimated
cost of $10,000 to $15,000 per slip; on the other hand the property
is on the water and has potential uses.
The City Manager stated staff could respond to issues raised by
Council within the next two months.
President Withrow stated that he would like staff to re-address the
issue; to specifically look at how the City can better participate
in any upside potential that could occur out over a long period of
time; and he does not want to expose the City to a lot of losses.
The City Manager reviewed Section 4.3, Rent, of the proposed lease;
he noted that in 15 or 20 years from now, the City would be looking
at probably a $40,000 to $60,000 amount, rather than a static
$20,000.
President Withrow responded that the questions raised tonight bear
looking at; projections should be made on assumptions that are on
a very optimistic basis; and on assumptions, through a continuum,
made on a very pessimistic basis.
Councilman Arnerich stated that the map provided is not accurate as
it relates to the percentage of the building owned by Pacific Shops
and the Peralta grant line, and he would like the map to come back.
Regular Meeting, Alameda City Council
June 21, 1994
Councilmember Lucas stated there is a need to establish a value of
the land.
Vice Mayor Roth discussed the downside to long-term leases, e.g.
property improvements decline.
Councilman Arnerich seconded the motion.
President Withrow noted that the proposed lease requires four
affirmative votes; Council does not have four votes to pass the
item; and the matter will go back to staff.
Vice Mayor Roth inquired whether the motion includes an appraisal
of the property.
Councilmember Lucas stated the value of the property needs to be
established, and staff must either work up comparables or get an
appraisal.
President Withrow inquired if the amendment to the motion was
acceptable, to which Councilmember Appezzato and Councilman
Arnerich responded in the affirmative.
The motion carried by unanimous voice vote - 5.
94-353 Report from Planning Board recommending denial of
Goodwill Industries Fee Waiver Request.
This item was pulled from the agenda.
94-354 Report from Chair, Golf Commission, recommending City
Council approval of Mif Albright golf fees increases.
Councilman Arnerich stated he believes the Golf Course has paid its
fair share to the City; more monies should be put back into the
[Golf Course] projects; and moved to accept the recommendation.
Councilmember Lucas seconded the motion which carried by unanimous
voice vote - 5.
94-355 Report from Fire Chief regarding Fire Hazards of
Abandoned Buildings. (Councilmember Lucas)
John Ravet, Alameda, addressed the fire in his building and the
increased danger due to abandoned building next door; noted number
of fires in abandoned buildings; and commended firefighters.
Louise Ravet, Alameda, stated she is concerned for citizens due to
the danger of abandoned buildings in the City; and urged Council
act before a life is lost.
Hadi Monsef, Alameda, urged Council do something soon to correct
Regular Meeting, Alameda City Council
June 21, 1994
the abandoned building situation which is a danger to Alamedans.
Frank De Biasi, Alameda, stated a chimney fell on his roof from a
property next door at 1208 Lincoln Avenue, and another chimney may
fall, which could come through his roof and injure someone; and
requested Council do something about the house which is also a fire
hazard and has a rodent problem.
President Withrow stated staff should address the issue of
abandoned buildings throughout the City, delineate options Council
has and why the City has tolerated the conditions.
The City Manager stated Council may wish to look at abandoned
buildings that are not fire hazards, options to deal with the
problems; noted properties abandoned 10 years can be obtained by
the City and sold to someone who would use the property; noted the
legal difficulties of proceeding.
The Fire Chief discussed fire hazards, difficulties of enforcement,
the higher instance of fires in abandoned or dilapidated buildings;
combined efforts of Fire and Public Works Departments and City
Attorney's Office on matter, streamlining of the process by City
Attorney; and stated the policy decision is whether City wishes to
put more resources into enforcement action that will have
relatively diminishing returns.
Councilmember Lucas inquired if the building at 1208 Lincoln Avenue
should be reviewed; and the Fire Chief replied it has been
considered recently and is not considered a fire hazard; and
structural issues are referred to the Building Department.
President Withrow inquired if a higher tax can be charged on such
buildings to recoup the increased costs incurred by the City, to
which the Fire Chief stated, the costs of repeated fire inspections
can be recovered through fees.
President Withrow stated some way the owners of the buildings need
to pay for the increased costs and the risk the rest of the City is
being exposed to.
The City Attorney replied a Blight Tax has been looked at and is
difficult to enforce; what will be proposed in the fall are
streamlined procedures to achieve a similar result within the
confines of existing ordinances and to have cost of inspection put
on the tax rolls.
Vice Mayor Roth stated that this Council has been working very hard
on the matter of abandoned buildings.
Following discussion on procedure concerning reporting and
enforcement regarding unsafe conditions, Blight Tax, public
Regular Meeting, Alameda City Council
June 21, 1994
(3 7
nuisances, recovery of costs, President Withrow stated staff needs
to focus on a way that inspection costs can be recovered from
property owners, and that the Blight Tax sounds good.
The City Manager stated that the City Attorney is working on an
ordinance addressing buildings that need maintenance; staff will be
bringing the matter to Council in the fall; and community standards
are being worked on.
President Withrow stated that he would like a cost center, by
address, created.
Councilmember Lucas stated dangerous buildings should be given
priority over a property maintenance ordinance.
Vice Mayor Roth stated Council has been told a public benefit must
exist to proceed with a condemnation; and he believes removing an
eyesore or a dangerous building is a public benefit; and he would
like staff to bring back an example and use public benefit; and
find another use or a buyer.
Councilmember Lucas stated that is an excellent idea.
President Withrow suggested a listing for advertising sale of
properties.
The City Attorney explained eminent domain law; by advertising as
suggested, she believes someone could claim inverse condemnation;
if the Council is willing to proceed to purchase and rehabilitate
a building, regardless of whether or not a buyer is found, Council
can do that.
Vice Mayor Roth moved to "accept the report and advise staff to
combine all the things and issues" discussed and report back with
new ordinances and priorities. Councilmember Lucas seconded the
motion which carried by unanimous voice vote - 5.
94-356a Resolution No. 12549 "Approving and Adopting the
Operating Budget and Capital Improvements for Fiscal Years 1994-96,
and Appropriating Certain Moneys for the Expenditures Provided in
Fiscal Year 1994-95." Adopted.
Ed Sommeraur, Alameda, stated a four-day work week would reduce
quality time spent with his son; discussed child care concerns,
and noted contractors work five days a week.
Marie Stahowski, President, Alameda City Employees Association,
submitted, and discussed, a report to Council listing what she
believes are discrepancies in figures provided by the City; in
addition, she commented on ACEA savings, the proposed 4-day work
week, administrative leave payments; and requested Council to not
Regular Meeting, Alameda City Council
June 21, 1994
pass the budget; however, if passed, take out the part about what
ACEA should be doing for the City at this point for further
discussion.
Marion Miller, Treasurer, ACEA, questioned certain employee
payments, including administrative leave; discussed participation
in the 4-day furlough; stated the City can reappropriate funds;
questioned why funds from other areas cannot be put back into the
General Fund when a hardship exists; and noted the Bureau gave one
of the largest transfers, S3.6 million, that they have ever given
to the General Fund.
Joanne McKray, Alameda Democratic Club, Issues Committee, stated
she spoke to Council six months ago, requesting City adopt energy
efficiency policy; Council did; and now staff has budgeted to
implement the policy; noted various examples of energy efficiency
put into effect by the staff; and urged Council continue on this
course in making budget allocations.
* * * *
President Withrow stated a motion and vote are needed to extend the
Council Meeting, and he would like the motion to set a time limit
of 12:00 Midnight, as a firm [adjournment] time, and if all items
on the agenda are not completed, they be carried over to the next
Regular Council Meeting. Councilmember Lucas so moved. Vice Mayor
Roth stated he would second with the condition that any pressing
item can be taken out of order.
The City Manager noted the report concerning the Hardball Facility
must be heard on this Council agenda or at a Special Meeting before
the end of the month.
The motion carried by unanimous voice vote - 5.
* * * *
Hadi Monsef, Alameda, stated the newspaper reported a proposal that
hours be cut; Council has other alternatives: expenses should be
cut, and open positions should be cut.
Don Bergen, Alameda, stated a lot of money need not be spent on
e.g., baseball park, library study; we should take care of things
that mean something: police and fire protection, sewers, and our
people first.
Councilmember Lucas moved approval of the recommendation [adoption
of budget]. Vice Mayor Roth seconded the motion.
Councilman Arnerich stated issues raised by ACEA concerning City
and staff and the allegations should be looked into, to learn if
they are true or not; the terms of the negotiation went smoothly
and perhaps 60% to 75% were entirely satisfied with the proposal
presented; he was prepared to go along with the budget process
Regular Meeting, Alameda City Council
June 21, 1994
tonight with the exception of one Recreation item which he believes
could have been worked out; he is going to look further at the
matter; and he wants answers regarding their [ACEA] concerns.
Councilmember Appezzato stated he will not vote for a four-day work
week; services provided by Recreation and Parks [ARPD] are critical
to healthy minds and bodies; he recommends personnel be placed back
in the [ARPD] budget to get the job done correctly; agrees action
on ACEA be delayed until City Manager and Personnel Director can
provide Council some information; and his motion would be to
disapprove the four-day work week and place funding back in [the
budget] for Parks and Recreation.
Councilman Arnerich seconded the motion.
Councilman Arnerich stated Police, Fire, Recreation and Parks must
all be maintained.
President Withrow commented the motion includes eliminating the
four-day work week provision. Councilman Arnerich stated he
supports eliminating it at this point, until answers can be brought
back.
President Withrow clarified the substitute motion [Appezzato]
reinstates funds for a full scope of operations for the libraries,
parks and recreation and would withdraw any actions from the budget
with respect to ACEA and would eliminate any consideration of a
four-day work week with the balance of the budget being approved.
Councilmember Appezzato stated that is basically the motion.
Vice Mayor Roth stated he is concerned that the budget should be
balanced; he believes Council should pass the budget because
Council will need to come back and look at it after the County and
State make decisions [that may affect it]; and at least we could
start out July 1st with a balanced budget.
Councilmember Lucas stated she cannot support the substitute
motion; the City has a deficit of $300,000 and she does not believe
there are other ways of recouping it.
Councilmember Appezzato stated the City must be run as a business;
major difficulties are ahead, i.e., base closure, and staff on a
five-day work week is needed; we can pass the resolution
authorizing payment of obligations if we do not adopt budget
tonight and so recommends; a four-day work week is not a viable
alternative; if there is going to be a pay cut, it should affect
everyone and not just ACEA.
President Withrow stated he has not been an advocate of the four
day work week; however, the capital monies and operating monies are
Regular Meeting, Alameda City Council
June 21, 1994
budgeted differently and come in several different ways so it
clouds the issue of investing capital monies into baseball fields.
In response to Councilmember Withrow, the City Manager stated he
understands the substitute motion; and he requested, whether the
original or substitute motion is passed, that Council amend the
budget to include both Recreation Department account clerk and
intermediate typist clerk positions, but not change appropriations;
he will work with the Recreation Commission and come back after the
budget is passed and provide funding sources for that additional
position.
President Withrow inquired if the [substitute] motion [Appezzato]
could be amended to accept that.
Councilmembers Appezzato and Arnerich agreed to amendment.
The City Manager stated we have an agreement between the City and
ACEA accepted October 1 1993, providing for a pay raise to the ACEA
which works out to be 1.9% effective October 1, 1994 and noted pay
increases for ACEA have been 5% on October 1, 1990, 5% on October
1, 1991, 4% on October 1, 1992, 0% on October 1, 1993, and it will
be 1.9% on October 1, 1994. For the management employees, for that
same period of time, 5% for January 1, 1991, 0% January 1, 1992, 0%
January 1, 1993, and 0 %, 1994, and there is no provision in budget
for wage increases for January 1, 1995. What the Council provided
for was administrative leave for management employees that are not
eligible for overtime; it was determined that the amount of
overtime that would be put in by management employees is
considerably more than we could ever compensate them for, so the 5
or 10 days of administrative leave is in lieu of that and in many
cases it is far below that; and it must be requested, reviewed by
Department Head and City Manager; a lot of employees from ACEA are
working on a voluntary time [schedule] off to save money for the
City; many employees of ACEA were happy on the four day work week;
some of the employees do not want to go on the four -day work week,
staff would be willing to work with employees that have problems
with child care or think working 9 hours a day is too hard; he
believes it is safe to say ACEA employees have saved a lot of
money, but not quite enough for what we need for this next fiscal
year, and perhaps if other ACEA employees wish to sign up in the
near future, we might have enough money but he would be willing to
talk to them and see if there is some other situation they would be
satisfied with that would help and requested Council pass the
budget tonight with the recommendations.
In response to Councilmember Lucas, the City Manager explained the
recommendation that there is a finding that the budget requires
invoking Section 21.2, Step D, of the ACEA MOU that requires going
to a reduced work week and additional savings; the State is now
looking at shifting an additional $100,000,000 from cities to
Regular Meeting, Alameda City Council
June 21, 1994
counties by taking the Motor Vehicle in-lieu fee, and when that is
finalized, we will probably need to come back to Council with other
strategies between now and October; request Council invoke that
Section of the Agreement which has already been negotiated and
approved by both the ACEA Union and the City.
Councilmember Appezzato stated he had two major issues; one was
Parks and Recreation which has been taken care of by the City
Manager, the other is the four-day work week; he will not vote for
the budget, if it includes a four-day work week.
Councilmember Lucas stated Agreement has been negotiated, and why
back down when it has been worked out over many months; suggested
a vote on the substitute motion and return to the original one
[motion].
Councilman Arnerich stated he will withdraw his second to the
substitute motion.
President Withrow noted the substitute motion, without a second,
fails; and noted the original motion has been amended to approve
the budget as it stands and incorporate the aspects addressed by
the City Manager concerning Parks and Recreation.
The motion carried by the following voice vote: Ayes:
Councilmembers Arnerich, Lucas, Roth and President Withrow - 4.
Nayes: Councilmember Appezzato - 1. Absent: None.
94-356b Resolution No. "Authorizing Payment of City
Obligations Pending Adoption of the 1994-95 Annual Budget." Not
adopted.
94-357 Resolution No. "Establishing Guidelines for
Reimbursement of Per Diem Travel and Relating Expenses in
Connection with the Conduct of City Business."
(Continued to Regular Council Meeting of July 5, 1994.)
94-358 Resolution No. 12550 "Appropriating $873,500 for a
Baseball Facility at the College of Alameda." Adopted.
Don Bergen, Alameda, commented that the Facility would only bring
in vandalism, liability, drugs and alcohol.
Marie Smith, Peralta College, stated as President of the College,
she is willing, able and energetically enthusiastic in terms of
being a positive partner to implement the agreement [with the City]
pending Council's decision tonight.
Pat Bail, Alameda, President, Babe Ruth, urged Council to consider
using the $800,000 Measure AA Bond money to further enhance our
Regular Meeting, Alameda City Council
June 21. 1994
Parks and Recreation Programs; and appreciates consideration to
finally get ballfield built.
Councilman Arnerich stated with the proposal tonight, the mechanism
is in place to go ahead with the ballfield; the monies will come
back for park improvements; and moved to approve the
recommendation. Vice Mayor Roth seconded the motion.
Councilmember Appezzato stated he has problems with the funding
mechanism; we are putting this City in debt by a half million
dollars; he can support the ballfield but cannot support the
funding mechanism, and he will vote no because of the debt.
The motion was carried by the folllowing voice vote: Ayes:
Councilmember Arnerich, Lucas, Roth, and President Withrow - 4.
Nayes: Councilmember Appezzato - 1. Absent: None.
94-359 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."
(Continued to Regular Council Meeting of July 5, 1994.)
94-360a 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."
94-360b Resolution No. "Amending Master Fee Resolution
No. 12191 to Establish Electrical Permit Fees and to Increase
Various Other User Fees and Permit Fees."
(Continued to Regular Council Meeting of July 5, 1994.)
94-361 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.
(Continued to Regular Council Meeting of July 5, 1994.)
94-362 Ordinance No. , N.S. "Amending the Alameda Municipal
Code by 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)."
(Continued to Regular Council Meeting of July 5, 1994.)
Regular Meeting, Alameda City Council
June 21, 1994
94-363 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."
(Continued to Regular Council Meeting of July 5, 1994.)
94-364 Written Communication from Dennis K. Chaconas,
Superintendent of Schools, presenting request from Alameda Unified
School District Board of Education that the issue of quarterly
joint meetings be an agenda item for the next City/AUSD meeting
held under the previous format, but in compliance with the Brown
Act. (Councilmember Appezzato)
(Continued to Regular Council Meeting of July 5, 1994.)
ORAL COMMUNICATIONS, NON-AGENDA
COUNCIL COMMUNICATIONS
94-365 Consideration of Nomination to fill vacancy created by
William Garvine's resignation as Chair of the Employment and
Retraining Sub-Committee of the Base Reuse Advisory Group.
(Continued to Regular Council Meeting of July 5, 1994.)
ADJOURNMENT
President Withrow adjourned the meeting at 12:00 a.m.
Respectfully submitted,
B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance.
Regular Meeting, Alameda City Council
June 21, 1994