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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