1993-04-20 Regular CC MinutesMINUTES OF REGULAR COUNCIL MEETING OF THE ALAMEDA CITY COUNCIL
APRIL 20. 1993
The meeting convened at 7:35 p.m. (following the Community
Improvement Commission Meeting), with President Withrow presiding.
The Pledge of Allegiance was led by Councilmember Appezzato.
ROLL CALL - Present: Councilmembers Appezzato, Arnerich,
Lucas, Roth and President Withrow - 5.
Absent: None.
ANNOUNCEMENTS OF CLOSED SESSION ACTIONS
NONE.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
93-187 Presentation of the Program Excellence Award for Youth
Sports Program from California Park and Recreation Society to the
Alameda Recreation and Park Department.
Mayor Withrow presented the Award to Marie Robinson-Gilmore, Chair,
Recreation Commission; who commended those who work with the youth.
93-188 Proclamation Declaring the Week of May 2 through May 8,
1993, as "VICTIMS OF PORNOGRAPHY WEEK."
Mayor Withrow read the proclamation.
93-189 Video Presentation on the Woodstock Child Development
Center, (3 1/2 Minutes); ad Proclamation Declaring May 1, 1993, as
"DAY OF THE YOUNG CHILD."
Mayor Withrow read the proclamation, and presented it to Nancy
Weaver, Woodstock Child Development Center [WCDC]; a video
presentation followed.
Karen Riffenburg, Supervisor, WCDC, stated staff and parents have
worked hard to keep the Center open, and need the Community behind
them to accomplish this [their goal].
93-190 Presentation of Certificate of Appointment to Earl
Peacock as Member of the Finance Committee. Councilmember Lucas)
Councilmember Lucas presented the Certificate to Mr. Peacock.
Mayor Withrow expressed appreciation for the Finance Committee, and
Mr. Peacock's willingness to assist.
* * * *
93-191 President Withrow addressed certain issues concerning the
"Save Our Navy" Rally scheduled for Saturday, April 24, 1993,
beginning at 11:00 a.m.
April 20, 1993
CONSENT CALENDAR
Mayor Withrow announced that at the request of the public, 93-210
report concerning the Fourth of July Parade, and at the request of
a citizen and Councilman Arnerich, 93-211 report regarding pruning
of street trees, were removed from the Consent Calendar for
discussion.
Councilmember Lucas moved approval of the remainder of the Consent
Calendar. Councilman Arnerich seconded the motion which carried by
unanimous voice vote - 5.
Item so enacted or adopted are indicated by an asterisk.
*93-192 Minutes of the Regular Council Meeting of April 6, 1993.
Approved.
*93-193 Report from Public Works Director recommending Adoption
of Plans and Specifications and Calling for Bids for Janitorial
Services in Various City Buildings Located in Alameda, California,
for the Fiscal Year Ending June 30, 1994, No. P.W. 1-93-1.
Accepted.
*93-194 Report from Public Works Director recommending Adoption
of Plans and Specifications and Calling for Bids for Landscape
Maintenance of Median Strips and Special Areas for the Fiscal Year
Ending June 30, 1994, No. P.W. 4-93-5. Accepted.
*93-195 Report from Public Works Director recommending Adoption
of Plans and Specifications and Calling for Bids for Mechanical
Systems Maintenance in Various City Facilities for the Fiscal Year
Ending June 30, 1994, No. P.W. 4-93-6. Accepted.
*93-196 Report from Public Works Director recommending Adoption
of Plans and Specifications and Calling for Bids for Installation
of House Laterals from the Street Main to the Property Line for the
Fiscal Year Ending June 30, 1994, No. P.W. 4-93-7. Accepted.
*93-197 Report from Public Works Director recommending Adoption
of Plans and Specifications and Calling for Bids for Minor Street
Patching with Asphalt Concrete for Fiscal Year Ending June 30,
1994, No. P.W. 4-93-8. Accepted.
*93-198 Report from Public Works Director recommending Adoption
of Plans and Specifications and Calling for Bids for the Repair of
Portland Cement Concrete Sidewalk, Curb, Gutter, and Driveway for
the Fiscal Year Ending June 30, 1994, No. P.W. 4-93-9. Accepted.
*93-199 Report from Community Development Director regarding
Adopting FY 1993-94 Statement of Community Development Objectives
and Projected Use of Funds and Authorizing Execution of Grant
Agreement and Related Documents. Accepted.
April 20, 1993
129
*93-200 Report from Finance Director transmitting Investment
Portfolio as of March 31, 1993. Accepted.
*93-201 Report from Finance Director transmitting Quarterly
Financial Report for period ending March 31, 1993. Accepted.
*93-202 Report from Chair, Historical Advisory Board,
recommending the City Council authorize staff to submit the 1993
Historic Preservation Fund Grant Application. Accepted.
*93-203 Resolution No. 12378 "Authorizing the Filing of a
Claim with the Metropolitan Transportation Commission and the
Alameda County Board of Supervisors for Allocation of
Transportation Development Act and Alameda County Measure B Funds
for Fiscal Year 1993-94." Adopted.
*93-204 Resolution No. 12379 "Appointing an Engineer and
Attorneys for Island City Landscaping and Lighting Assessment
District 84-2." Adopted.
*93-205 Resolution No. 12380 "Authorizing Appropriation of
$64,412 in Measure B Funds to Cover Outstanding Ferry Operating
Expenses." Adopted.
*93-206 Resolution No. 12381 "Supporting the Amah-Mutsun
Ohlone Tribe (Arah-Tribal Band) and Other California Tribes, Bands,
and Nations in Their Effort to Obtain Formal Recognition at the
Federal Level and by the United States Congress." Adopted.
*93-207 Resolution No. 12382 "Appreciation to the Volunteers
for the City of Alameda." Adopted.
*93-208 Ordinance No. , N.S. "Amending the Alameda
Municipal Code by Amending Subsection 21-2 (Collection and Removal)
of Chapter XXI (Garbage and Refuse), Article 1 (Refuse Generally),
and Adding Subsections 21-3.3 and 21-3.4 to Subsection 21-3
(Prohibited Acts)." Introduced.
*93-209 Bills, certified by the City Manager to be true and
correct, were ratified in the sum of $1,480,428.40.
93-210 Report from Chair, Mayor's Fourth of July Parade
Committee, requesting authorization to hold Parade on Sunday, July
4, 1993, beginning at 11:00 a.m.
David Maxcy, Alameda, First Baptist Church, stated it was
shortsighted for the Committee to consider Sunday as the only day
to hold the Parade; the Parade could be held on Saturday or Monday;
Sunday is supposed to be devoted to God; and requested Council give
serious consideration to changing the day of the Parade.
President Withrow responded Mr. Maxcy has a valid issue, however
the Committee agonized over the various options, and compromised by
having the Parade start substantially later than normal, at 11:00
April 20, 1993
a.m.
Councilman Arnerich stated the parade should go ahead as scheduled;
and should this [matter] ever come up again, perhaps the starting
time could be noon or early afternoon.
President Withrow stated if the time is pushed beyond eleven
o'clock, it would encroach on the activities which follow the
Parade.
Councilmember Lucas stated participating in church services is a
family activity; City Government should do all it can to support
those activities; and believes it would have been better to have
held the Parade on another day.
Councilmember Appezzato stated he chaired the Fourth of July Parade
Committee for the last three years and is currently serving as a
consultant; the Committee determined the Fourth of July Parade is
a family event, as is the Fun Fair; the later time is to
accommodate those who attend church earlier; and those who attend
church at eleven or twelve, still have time to see the Parade.
Vice Mayor Roth stated the change in time should be well
advertised.
Councilman Arnerich stated Mr. Maxcy's remarks be considered in the
future; and [Committee] go ahead with the time and date specified
for the parade. Vice Mayor Roth seconded the motion which carried
by unanimous voice vote - 5.
93-211 Report from Public Works Director recommending Adoption
of Plans ana Specifications and Calling for Bids for Pruning of
City Trees in Various Locations in the City of Alameda for the
Fiscal Year Ending June 30, 1994, No. P.W. 1-93-2.
Christopher Buckley requested the item be held over for two weeks,
in order to review specifications.
In response to Councilman Arnerich, the Public Works Director
stated staff has no problem delaying the matter for two weeks and
will be happy to review specifications with Mr. Buckley.
Councilman Arnerich stated he has been contacted by Mr. Buckley and
others who have been working with staff on the program, to allow
opportunity for review, and he moved the item be held over to the
next meeting. Councilmember Lucas seconded the motion.
Councilmember Appezzato discussed the bidding process with the
Public Works Director.
Responding to Vice Mayor Roth, the Public Works Director explained
the City did not have a detailed set of specifications in the past
and the [proposed] specifications should be effective.
April 20, 1993
1
The motion carried by unanimous voice vote - 5.
93-212 Report from President, Social Service Human Relations
Board (SSHRB) regarding Continued Funding to Agencies Currently
Receiving Recycling Drop Box Revenues.
Anthony DeSimone, President, SSHRB, stated if the allocation of
money is broadened to other agencies, more money would need to be
spent administratively, and the amounts the agencies would receive
would be meaningless; the amount of funding being discussed is very
limited; and the SSHRB believes the five agencies chosen provide
the major services for the homeless, hungry and families in need.
Don Roberts, Alameda, Chair, Solid Waste Management Recycling
Committee (SWMRC), stated the Committee did not propose more
charities be added, nor dilution by expanding the cost; the intent
was that other organizations should have the opportunity to be
considered; the Committee sent applications to 26 organizations and
would be willing to review and evaluate; noted Woodstock Child
Development Center has a strong need; requested Council consider
asking Board to take a second look at proposal, and allow other
organizations to submit applications and be considered.
Councilmember Lucas stated many worthwhile organizations exist in
the City; however, homelessness and hunger are the most serious
problems and need to be addressed first, and at this time, she must
agree with the SSHRB's recommendation, and if the economy improves,
Council should revisit the issue.
President Withrow agreed.
Councilmember Appezzato sta'.:ed he currently serves on the Board of
Directors of Meals on Wheels and believes he should abstain from
voting on this item.
Vice Mayor Roth inquired why there is an overlap of functions
between SSHRB and Recycling Committee.
President Withrow stated thc Committee is involved because funds
come from the Recycling Contract; once the funds are tallied, he
would think the funds would go to the SSHRB.
Mr. Roberts stated SSHRB makes a recommendation to Council as to
which charities will receive the 80% of Drop Box Funds; 20% of the
funds are devoted to applications that specifically relate to
recycling efforts; and it would make sense for the Recycling
Committee to select recipients.
Councilmember Lucas moved the recommendation [to continue the
current distribution of recycling drop-box revenues to the five
specified local agencies]. Councilman Arnerich seconded the motion
which carried by the following voice vote: Ayes: Councilmembers
Arnerich, Lucas, Roth, and President Withrow - 4. Noes: None.
Absent: None. Abstention: Councilmember Appezzato - 1.
April 20, 1993
93-213 Report from Chair, Historical Advisory Board (HAB),
requesting Council's approval of Board's modified Attendance
Policy.
Councilmember Lucas stated she believes the recommendation is a
good one and moved the recommendation. Councilman Arnerich
seconded the motion, to allow discussion on the matter.
Councilmember Appezzato stated he does not believe the HAB should
have a separate attendance policy; if Council believes it is best
for HAB, Council should approve [the policy] to all Boards;
questioned if it is necessary; Council reviews attendance of Board
membership and can review and decide whether or not the Member's
reason for absence is valid; his main concern is, if Council allows
[the policy] for HAB, should it not apply for all Boards.
Vice Mayor Roth agreed and stated he is also concerned that if
Members cannot attend meetings because of being busy on other City
Commissions, they should serve on one they enjoy and contribute
most to.
Councilmember Appezzato stated Council can listen to an appeal of
a Board Member, and if reason for absence exists, may decide not to
take action to remove that person from the Board.
President Withrow stated he believes anyone serving on any
committee [Board/Commission] has the right of appeal to Council,
and citizens also should have that right.
David Plummer, Chair, HAB, stated, during the last two years HAB
has been responding to City Manager's request to hold meetings down
to a minimum to save staff time and funds; if a Commission holds
only three to four meetings a year, a member could very well miss
75% of meetings held, and be subject to dismissal; that is the
reason for the amendment; and the Economic Development Commission
(EDC) has adopted a similar policy.
Councilmember Lucas stated she understands HAB Members do a great
deal of work in between meetings also, and are involved in many
historic reports; her belief is that, if the Chair wants to retain
a person on the Committee because that person is a useful worker,
that should prevail.
President Withrow questioned that Council may possibly be putting
the Chairs in uncomfortable roles, noted some rules would be
necessary; at some point, some accusations of preferential
treatment, bias or discrimination may occur.
Councilmember Appezzato stated his concern is that Council do what
is right for all Boards; he would prefer to leave it [policy] as it
is; however, if an individual must be removed, it would be done in
open session in a public hearing by Council and Council would be
more than fair to the individual.
April 20, 1993
"t:
The City Manager stated Council approved, for the EDC, a policy
very similar to the one proposed by Mr. Plummer that allows the EDC
the ability to have excused absences; Council requested all
attendees to have a 75% attendance, and staff to compile the
attendance record every six months, provide it to Council and if
Council deemed the attendance was not adequate, it would be brought
before Council to determine if those individuals should be removed.
Councilman Arnerich stated the same method is used for County
Boards and Commissions; he would like to leave the procedure as it
is and if someone is falling behind on attendance, find out the
reason, if it is insufficient, request they resign; if the reason
is valid, proceed from that point.
Councilmember Lucas stated Council is working with volunteers; if
a particular Commission and Chair feel they want to retain the
Commissioner or Member, that should be the decisive factor; she
does not recall Council removing anyone from a Commission; Mr.
Plummer's suggestion is a more workable approach.
President Withrow stated she has brought up a good point; in the
past, when it was pointed out to persons that they were not
conforming to attendance, they resigned; that is the best way -- by
mutual agreement; we do not want to be put into a position of
castigating anyone; they are volunteers, committing their own time
and energy to help the City.
Councilmember Lucas stated, at this point, the HAB's request is a
good one and they are recommending what EDC does.
The City Attorney stated Council removal is existing procedure; the
proposed change on page 2, under paragraph d., of Proposed Rules
and Procedures gives the authority to the Board to remove.
President Withrow stated he would not want to do that; if Council
puts Members on, Council should take them off.
President Withrow clarified Councilman Arnerich had seconded only
to allow Council to carry on with the discussion.
Councilmember Lucas's motion failed by the following voice vote:
Ayes: Councilmember Lucas - 1. Noes: Councilmembers Arnerich,
Appezzato, Roth and President Withrow - 4. Absent: None.
93-214 Resolution No. 12383 "Supporting the Association of
Bay Area Governments Campaign in Opposition to Proposed Cuts in
Local Funds by the State Legislature." (Councilmember Lucas)
Adopted.
President Withrow thanked Councilmember Lucas for bringing the
matter forward; noted she is a representative to ABAG and has put
forth a great deal of time and become a real factor in the
leadership of ABAG.
April 20, 1993
Councilmember Lucas stated the two resolutions (See 93-215) are
helpful in asserting the City's and County's positions in
protection of our interests against the State; if we do not start
fighting, the State will continue to take resources away, depriving
citizens of essential services, including police and fire services.
President Withrow stated he strongly supports the resolutions and
endorses the intent; people believe their property taxes are for
local programs however, the cities may receive only 17 cents of
every dollar.
Councilman Arnerich stated he supports the resolution, and moved
adoption. Councilmember Lucas seconded the motion which carried by
unanimous voice vote - 5.
93-215 Resolution No. 12384 "Supporting the Association of
Bay Area Governments Campaign Urging Local Consensus in Opposition
to Proposed Cuts in Local Funds by the State Legislature."
(Councilmember Lucas) Adopted.
Councilmember Lucas stated the same reasoning applies [See 93-2141;
noted the State is trying to take away redevelopment funds that
belong to cities and which have been essential in rehabilitating
blighted areas that the legislature intended, and now the State is
trying to change the rules and that is unfair.
President Withrow stated, if the City floated bonds for a project,
had a debt service to pay on those bonds, and the funds to apply to
that debt service are the funds the State will take, we (the City)
would go into default; we do not know if Alameda will be put in
that position but he is told San Francisco could be.
Councilmember Lucas moved adoption. Councilman Arnerich seconded
the motion.
The motion carried by unanimous voice vote - 5.
93-216 Ordinance No. 2628. N.S. "Amending the Alameda Municipal
Code by Amending Section 3-62 (Improvement Tax), Chapter III
(Finance and Taxation), Pertaining to Improvement Tax Regulations
and Adding Provisions Exempting All Projects for the Seismic
Strengthening of Unreinforced Masonry Building from Improvement
Tax." Adopted.
Vice Mayor Roth moved final passage. Councilman Arnerich seconded
the motion which carried by unanimous voice vote - 5.
93-217 Written Communication from Angela Taylor, Encinal High
School ROTC Battalion, requesting support for High School ROTC
program.
Ms. Taylor stated although the program cost is said to be $60-
$70,000 per year, overall cost is $38,000 because some expenses,
e.g., textbooks, uniforms, etc., are paid by the Army; noted
April 20, 2993
5
activities and skills gained from the program, resulting in better
students, employees, and citizens; the federal government is
expanding the program, and therefore she requests support of the
City Council and the Board of Education.
In response to Vice Mayor Roth, Ms. Taylor stated she recognizes
the City Council has no official jurisdiction but is requesting
their support; and will present the matter to the School Board next
week.
Darren Brown, Alameda, related how ROTC changed his life; in JROTC,
he learned principles of leadership, good study habits, and
respect; and cutting ROTC program would adversely affect retention
of NAS.
Kareem Dright, Executive Officer, Company B, Encinal High School
JROTC, stated ROTC is a melting pot of all types of people; student
leaders teach, and students learn conduct, value of teamwork, how
to accomplish goals, and apply those [principles] to other classes,
giving them courage and confidence; enabling them to become better
[potential] employees; such applications are not taught in other
classes; cutting the program would be a poor thing to do.
Courtney Flood, Alameda, Private First Class, questioned how a
price can be put on classes teaching self-discipline, leadership,
respect, patriotism, self-esteem and high morals; and stated ROTC
is more than "just another class," it is discipline, friendship,
and a chance to be respected.
President Withrow commented a very impressive set of arc"iments was
made in support of position; believes everyone recognizes Council
does not have legislative authority over Alameda Unified School
District, but, as a City body, can voice positions and communicate
with the Board of Trustees.
Councilmember Lucas agreed concerning presentation of the value of
the program; stated these students will be outstanding leaders and
are citizens in the best sense; Council can encourage the School
District to look at the retention of the ROTC program as a valuable
contribution to the community.
Vice Mayor Roth moved President Withrow write a letter to the
School Board on Council's behalf expressing worthwhile benefits [of
the program].
President Withrow noted funds contributed by the U.S. Army to the
School District will be lost if the program is cut out; and he is
willing to write a letter.
Councilman Arnerich stated he supports position that the program
should be continued; and he supports [seconds] Vice Mayor Roth's
motion.
Councilmember Appezzato commended the young people who spoke;
April 20, 1993
stated he is sure Dr. Milt Werner, Encinal High School Principal,
will do everything in his power to support the program; and he will
support the letter.
The motion carried by unanimous voice vote - 5.
* * * *
President Withrow announced Council will adjourn from Council
Meeting to reconvene to a Special Council Meeting immediately
thereafter.
NEW AND UNFINISHED BUSINESS
93-218 Councilmember Lucas stated security guards at South Shore
Shopping Center are ineffective because they are not in the parking
lot; City needs to contact Harsh Investment and request security be
increased and guards more closely supervised.
In response to an inquiry from Mayor Withrow, the City Manager
stated that the City's Police Officers could enter the South Shore
Shopping Center Parking Lot without invitation; and noted a meeting
has been scheduled with Harsh to discuss the matter.
93-219 At Councilman Arnerich's request, Mayor Withrow announced
the dedication of Dick Bartell Field and the rally in support of
the U.S. Navy on Saturday, April 24th at 10:00 a.m. and 12:00 noon,
respectively.
Mayor Withrow stated the Presidential Base Closure and Realignment
Commission will be in the area Friday through Monclay; tours will be
conducted, and hearings on Sunday and Monday; it is incumbent upon
Alameda citizens to attend the rally and show support.
ADJOURNMENT
93-220 President Withrow, at 9:03 p.m., adjourned the Council
Meeting in memory of Ofelia and Brianna Reynolds, tragically killed
in a house fire.
Respectfully submitted,
Diane B. Felsda, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance.
April 20, 1993