1993-06-29 Special CC CS Minutes237
MINUTES OF THE SPECIAL MEETING OF THE ALAMEDA CITY COUNCIL
JUNE 29. 1993
The meeting convened at 6:30 p.m. with President Withrow presiding.
ROLL CALL -
Present: Councilmembers Appezzato, Arnerich,
Lucas, Roth and President Withrow - 5.
Absent: None.
President Withrow adjourned the meeting to Closed Session to
consider:
93-328 Labor Relations, pursuant to Subsection (a) of Government
Code Section 54957.6 of the Brown Act.
93-329 Initiation of Litiaation, pursuant to Subsection (c) of
Government Code Section 54956.9 of the Brown Act.
93-330 Pendina Litiaation. Alameda Professional Plaza. et al v.
City of Alameda, Casey v. City of Alameda, Conte v. City of
Alameda, and Guyton v. City of Alameda, pursuant to Subsection (a)
of Government Code Section 54956.9 of the Brown Act.
ADJOURNMENT
There being no further business, President Withrow adjourned the
meeting at 7:30 p.m.
Respectfully submitted,
-7/
DIANE B. FELSCH, CMC
City Clerk
Note: At the Regular Council Meeting following the Closed
Session, Mayor Withrow announced: Labor Relations, Council gave
further instructions to City negotiators; Initiation of Litiaation,
no action was taken; Pendina Litiaation, Council discussed status
of cases, no action was taken.
The agenda for this meeting was posted in advance in accordance
with the Brown Act.
June 29, 1993
238
MINUTES OF ADJOURNED REGULAR ALAMEDA COUNCIL MEETING
JUNE 29, 1993
The meeting convened at 7:35 p.m., with President Withrow
presiding. The Pledge of Allegiance was led by Councilman Arnerich.
Father Mike Cunningham gave the invocation.
ROLL CALL -
Present: Councilmembers Appezzato, Arnerich,
Lucas, Roth and President Withrow - 5.
Absent: None.
ANNOUNCEMENTS OF CLOSED SESSION ACTIONS
93-331 Mayor Withrow announced that, at the Special Meeting held
at 6:30 p.m., Council adjourned to Closed Session to consider:
Labor Relations, pursuant to Subsection (a) of Government Code
Section 54957.6 of the Brown Act: Mayor Withrow stated Council
gave further instruction to City negotiators.
Initiation of Litiaation, pursuant to Subsection (c) of
Government Code Section 54956.9 of the Brown Act: Mayor
Withrow stated no action was taken.
Pending Litiaation, Alameda Professional Plaza. et al v. City
of Alameda. Casey v. City of Alameda, Conte v. City of
Alameda, and Guvton v. City of Alameda, pursuant to Subsection
(a) of Government Code Section 54956.9 of the Brown Act: Mayor
Withrow stated Council discussed status of the cases; no
action was taken.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
93-332 Presentation of Certificate of Service to Bonny Lee
Moore, former Member of the Housing Commission.
Mayor Withrow presented the Certificate to Ms. Moore; Councilmember
Lucas commended Ms. Moore for her years of service to the City; and
Ms. Moore expressed appreciation to Council and staff.
CONSENT CALENDAR
At the request of Councilmembers and citizens, the following items
were removed from the Consent Calendar for discussion: report 93-
348 recommending award of contract for installation of house
laterals, report 93-349 recommending award of contract for
landscape maintenance, report 93-350 recommending award of contract
for pruning of street trees, and report and resolution 93-351a and
93-351b concerning purchase of ferry vessel and related agreement.
Councilmember Lucas moved approval of the remainder of the Consent
June 29, 1993
239
Calendar. Vice Mayor Roth seconded the motion which was carried by
unanimous voice vote - 5.
Items so enacted or adopted are indicated by an asterisk.
*93-333 Minutes of the Regular Council Meeting of June 1, 1993,
and Special Council Meetings of May 25, 1993 and June 1, 1993.
Approved.
*93-334 Report from City Clerk recommending Award of Contract to
the Alameda Times-Star for Legal Advertising for Fiscal Year 1993-
94. Accepted.
*93-335 Report from Public Works Director recommending Amendment
to Agreement with Blue & Gold Fleet for Alameda/Oakland Ferry
Services, to Incorporate North Ferry Terminal Landing Rights
License Agreement with Port of San Francisco. Accepted.
*93-336 Report from Public Works Director recommending Acceptance
of the Work by St. Francis Electric for Sianalization of Fernside
Boulevard at Encinal Avenue and Interim Striping on Fernside
Boulevard at San Jose Avenue, No. P.W. 9-92-13. Accepted.
*93-337 Report from Public Works Director recommending All-Way
Stop Installation at the Intersection of Aughinbaugh Way and
Bridgeway Road. Accepted.
*93-338 Report from Public Works Director recommending Award of
Contract to IBS Building Maintenance Company for Janitorial
Services in Various City Buildings Located in City of Alameda, for
the Fiscal Year Ending June 30, 1994, No. P.W. 1-93-1. Acceptc.d.
*93-339 Report from Public Works Director recommending Award of
Contract to Western-Allied Service Company for Mechanical Systems
Maintenance in Various City Facilities for the Fiscal Year Ending
June 30, 1994, No. P.W. 4-93-6. Accepted.
*93-340 Report from Public Works Director recommending Award of
a Water Management Agreement to Aquatic Unlimited for South Shore
Lagoon Maintenance for the Fiscal Year Ending June 30, 1994.
Accepted.
*93-341 Report from Public Works Director recommending Award of
Contract for Operation and Maintenance of thr Gas Control System at
the Doolittle Landfill with Organic Waste Technologies, Inc. for
the Fiscal Year Ending June 30, 1994. Accepted.
*93-342 Report from Finance Director transmitting Investment
Portfolio for period ending May 31, 1993. Accepted.
*93-343 Report from Finance Director transmitting Quarterly Sales
Tax Report for period ending December 31, 1992. Accepted.
*93-344 Resolution No. 12406 "Amending Resolution 12386
June 29, 1993
Authorizing Withdrawal of Subscription Ferry Feeder Bus Service
Application from AB434 Program (60% Funds)." Adopted.
*93-345 Resolution No. 12407 "Authorizing 'Storm Water
Utility Fee' Revenues, Reserved for Storm Drain Capital
Improvements, to be Used for Financing the Alameda County Urban
Runoff Clean Water Program." Adopted.
*93-346 Ordinance No. , N. S . "Amending the Alameda Municipal
Code by Amending Certain Sections of Article V (Administrative
Policies and Procedures), Chapter II (Administration) Thereof,
Pertaining to Disposition and Sale of Unclaimed Property, and
Chapter XI (Bicycles) Thereof, Pertaining to Disposition of
Unclaimed Bicycles." Introduced.
*93-347 Bills, certified by the City Manager to be true and
correct, were ratified in the amount of $1,299,990.13.
93-348 Report from Public Works Director recommending Award of
Contract to Gateway Landscape Construction for the 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.
John Scott Graham, Alameda, suggested jobs be provided by
contractors to high school students during the summer.
Councilman Arnerich reviewed the bid unit prices on the sewer
laterals, and questioned the imbalance of figures.
In response to Councilman Arnerich, the Public Works Director
explained the reasons for "unbalanced bids."
Councilman Arnerich stated he wanted on the record, that Council is
cognizant of money-crunching times and he hopes Engineering will go
out for re-bid if items seem out of line.
Councilman Arnerich moved acceptance. Councilmember Lucas seconded
the motion which carried by unanimous voice vote - 5.
93-349 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, 1994, No. P.W. 4-93-5.
Councilmember Lucas noted contractor's improved performance;
pointed out insufficient maintenance on bike path under Bay Farm
Island Bridge.
The Public Works Director stated, in response to Councilman
Arnerich's inquiry, daily work sheets are turned in; work is
checked by staff; and supervision appears adequate.
Replying to President Withrow's inquiry concerning a penalty for
nonperformance, the Public Works Director stated there is no
June 29, 1993
241
penalty clause, however, staff will look into it.
Councilmember Lucas moved acceptance. Councilman Arnerich seconded
the motion which carried by unanimous voice vote - 5.
93-350 Report from Public Works Director recommending Award of
Contract to Atlas Tree Service for the 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. Accepted.
John Scott Graham, Alameda, stated he wants to make a point that he
suggests, and favors, all contractors providing summer jobs.
Councilmember Lucas moved acceptance. Councilman Arnerich seconded
the motion which carried by unanimous voice vote - 5.
93-351a Resolution No. "Authorizing Sole Source
Purchase of an East End Ferry Vessel" and
93-351b Report from Public Works Director recommending the
Council to Authorize the City Manager to Enter into an Agree.aent
with Harbor Bay Maritime (HBM) regarding Proposition 116 Ferry
Funding, and Local Matching Funds for the Ferry Vessel Purchase.
Graham Claytor, Alameda, stated problems he sees in contract
concerning round-trip minimum per day after 3/29/95, schedules and
passenger fares, condition of vessel upon return to City, right of
first refusal, use of one appraiser, indemnification; and requested
issues he raised be addressed.
Angus McDonald, Alameda, stated his distress at the low mileage the
ferry vessel receives per gallon of fuel used; and that the City
should not be spending Proposition 116 funds on a vessel that uses
a gallon per half-mile.
Mayor Withrow commented the purchase of the ferry through State
funds had to be reviewed by a number of transportation specialists;
he testified before the California Transportation Commission (CTC)
and the Commission's staff looked at figures and felt they made
sense.
Dan Riedy, Alameda, Attorney for HBM, stated City staff vigorously
controlled negotiating and handling the lease; insurance and
indemnification provisions are standard terms the City's Risk
Manager has declared as City policy; the authority over schedules
and fares for consumers is the California Public Utilities
Commissions; addressed HBI subsidy, ten-year lease, continual ferry
maintenance by HBM with monitoring by City staff; and drydock
repair that will be provided if needed upon return of ferry.
Councilmember Lucas commented, concerning the right of first
refusal, that it is a doubtful right because HBM would have to meet
the price that anyone else is offering.
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242
The City Attorney confirmed there would be no economic loss to the
City; the City is only giving Harbor Bay the opportunity to
purchase at the price someone else would offer.
In response to President Withrow's request that Mr. Claytor's
questions on insurance be addressed, the City Attorney stated the
indemnification clause includes death: it is general and has been
reviewed by the City's insurance specialist, the Risk Manager; and,
concerning lapse of insurance and reasonable time to provide
insurance at competitive rates, the provision the City requires is
tough and is above and beyond what is standard.
In response to Councilman Arnerich's concern about inclusion of the
word "death," the City Attorney stated that is covered, the
indemnification is extremely broad, however if he would like the
word "death" included, it can be inserted on page 11.
Councilman Arnerich requested the word "death" be added.
The Public Works Director, in response to Councilman Arnerich's
questions, stated the minimum two round-trips per day [in the
agreement] is a "worst-case" minimum; confirmed the ferry service
is available to anyone, not just Harbor Bay residents, and the
parking lot is accessible; the operation is regulated by the PUC
and no preference would be given, service would be first come -
first served.
President Withrow commented sharing a public service goes beyond
Alameda and is shared with citizens of other cities and places.
Councilmember Appezzato stated he wants the ferry service to
continue; is pleased the City has received $1,100,000 funding from
the CTC for the purchase; the prime conditions for the award of the
funding was that HBM would provide the additional $200,000 required
to purchase the vessel, and the developer would extend ferry
service for an additional two and one-half years; he supports the
ferry service but cannot support the lease terms as currently
written; and requested changes: 1) Term of the Lease: should only
extend over period HBM is required to operate the ferry; 2) the
ten-year lease provision: it should be removed; 3) Valuation of
Lease: he does not believe a commitment to provide subsidies and a
2 1/2 year extension of Ferry Service comprises fair market
consideration for lease of the vessel; 4) Paragraph 4: Charter
Use: The ferry should not be chartered out and should be used for
ferry service only; 5) Minimum service levels: he finds them
unacceptable; 6) Management fee: he does not understand why HBM
should receive 10% management fee, however, considers it a minor
concern; 7) Liens: he believes any attempt to put a lien on the
vessel should be immediate cause to terminate the agreement and 30
days should not be given to cure the lien; 8) Surplus monies
should be returned to the Traffic Improvement Fund to replace the
$200,000 used to purchase the vessel; 9) Right of First Refusal:
the vessel should be sold to the highest bidder and monies returned
to proper government authorities. He stated he will vote for the
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243
ferry but not for the agreement unless it is changed.
Mayor Withrow requested each of Councilmember Appezzato's concerns
be addressed by staff.
The City Manager proposed that the item be held over, in order to
adequately address the issues.
Mayor Withrow stated he would like Councilmember Appezzato to put
his concerns in writing; and the City Manager report back to
Council.
Councilman Arnerich moved to hold the matter over. Councilmember
Lucas seconded the motion which carried by unanimous voice vote -
5.
AGENDA ITEMS
93-352 Resolution No. 12408 "Appointing Dominador Dicolen as
Member of the Civil Service Board." Adopted.
Councilmember Lucas moved adoption. Councilman Arnerich seconded
the motion which carried by unanimous voice vote - 5.
The Deputy City Clerk administered the Oath of Office.
93-353 Resolution No. 12409 "Reappointing Robert E. De Celle
as Member of the Historical Advisory Board." Adopted.
Councilman Arnerich moved adoption. Councilmember Lucas seconded
the motion which carried by unanimous voice vote - 5.
The Deputy City Clerk administered the Oath of Office.
93-354 Resolution No. 12410 "Reappointing David 0. Plummer
as Member of the Historical Advisory Board. Adopted.
Councilmember Lucas moved adoption. Councilman Arnerich seconded
the motion which carried by unanimous voice vote - 5.
The Deputy City Clerk administered the Oath of Office.
93-355 Resolution No. 12411 "Reappointing Louis (Lou) R.
Baca as Member of the Housing Commission. Adopted.
Vice Mayor Roth moved adoption. Councilmember Lucas seconded the
motion which carried by unanimous voice vote - 5.
The Deputy City Clerk administered the Oath of Office.
93-356 Resolution No. 12412 "Reappointing Ruth S. Lamb as
Member of the Housing Commission." Adopted.
Vice Mayor Roth moved adoption. Councilmember Lucas seconded the
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244
motion which carried by unanimous voice vote - 5.
The Deputy City Clerk administered the Oath of Office.
93-357 Resolution No. 12413 "Reappointing Nancy J. Lewis as
Member of the Library Board." Adopted.
Councilmember Lucas moved adoption. Councilman Arnerich seconded
the motion which carried by unanimous voice vote - 5.
The Deputy City Clerk administered the Oath of Office.
93-358 Resolution No. 12414 "Reappointing Stephen P. Fee as
Member of the Planning Board." Adopted.
Councilmember Appezzato moved adoption. Councilmember Lucas
seconded the motion which carried by unanimous voice vote - 5.
The Deputy City Clerk administered the Oath of Office.
93-359 Resolution No. 12415 "Reappointing Bruce J. McGregor
as Member of the Planning Board." Adopted.
Councilmember Appezzato moved adoption. Councilmember Lucas
seconded the motion which carried by unanimous voice vote - 5.
The Deputy City Clerk administered the Oath of Office.
93-360 Resolution No. 12416 "Reappointing Anthony P. Shomon
as member of the Public Utilities Board." Adopted.
Vice Mayor Roth moved adoption. Councilmember Lucas seconded the
motion which carried by unanimous voice vote - 5.
Mr. Shomon could not be present to take the Oath of Office.
93-361 Resolution No. 12417 "Reappointing Charles S. Bridges
as Member of the Social Service Human Relations Board." Adopted.
Vice Mayor Roth moved adoption. Councilmember Lucas seconded the
motion which carried by unanimous voice vote - 5.
Mr. Bridges could not be present to take the Oath of Office.
93-362 Public Hearing to Consider Levying an Annual Assessment
on the Alameda Business Improvement Area of the City of Alameda for
FY 1993-94; and
Resolution No. 12418 "Confirming the Business Improvement Area
Report for FY 1993-94 and Levying an Annual Assessment on the
Alameda Business Improvement Area of the City of Alameda for FY
1993-94." (Continued from Council Meeting held June 1, 1993.)
Adopted.
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245
Vice Mayor Roth stated he would abstain on this matter [due to
potential conflict of interest].
Shirley Nelson, Alameda, President, West Alameda Business
Association [WABA], stated no WABA member has come forward
expressing disatisfaction, and WABA hopes this matter will be
approved.
Pete David Halberstadt, Alameda, outgoing President of PSBA, stated
PSBA does not have problems with the assessment, and expressed
support for the BIA by the majority of Park Street businesses.
Councilman Arnerich stated he is glad the matter was postponed as
it provided both associations further opportunity for review; and
moved the recommendation. Councilmember Lucas seconded the motion
which carried by the following voice vote: Ayes: Councilmembers
Appezzato, Arnerich, Lucas and President Withrow - 4. Nayes: None.
Absent: None. Abstentions: Vice Mayor Roth - 1.
93-363 Public Hearing to consider Appropriations Limit for
Fiscal Year 1993-94; and
Resolution No. 12419 "Establishing Appropriations Limit for
Fiscal Year 1993-94." Adopted.
President Withrow announced there were no speakers.
Vice Mayor Roth moved adoption of the resolution. Councilmember
Lucas seconded the motion which carried by unanimous voice vote -
5.
93-364 Ordinance No. 2632, N.S. "Authorizing Execution of Lease
with GTE Mobilnet of California Limited Partnership." Adopted.
Vice Mayor Roth moved final passage of the ordinance.
Councilmember Lucas seconded the motion.
The motion carried by unanimous voice vote - 5.
ORAL COMMUNICATIONS, NON-AGENDA
93-365 Shirley Cummins, Alameda, discussed various aspects of
the base closure issue.
NEW BUSINESS AND UNFINISHED BUSINESS
93-366 Consideration of Mayor's nomination of appointment to the
Library Board.
This matter was pulled from the agenda.
93-367 Consideration of Mayor's nominations of two appointments
to the Social Service Human Relations Board.
June 29, 1993
24 6
This matter was pulled from the agenda.
93-368 Consideration of Mayor's nomination of appointment to the
Economic Advisory Commission.
Mayor Withrow nominated Pamela DeSimone for appointment as Member
of the Economic Development Commission.
93-369 Consideration of agendizing a resolution supporting SB36,
Brown Act Revisions (Kopp). (Councilman Arnerich)
Councilman Arnerich stated this is a bill that will be going to the
Governor to strengthen the Brown Act, and moved to agendize
resolution at the next available meeting. Councilmember Appezzato
seconded the motion which carried by the following voice vote:
Ayes: Councilmembers Appezzato, Arnerich and President Withrow - 3.
Nayes: Councilmember Lucas and Vice Mayor Roth - 2. Absent: None.
ADJOURNMENT
President Withrow adjourned the meeting at 9:15 p.m.
Respectfully submitted,
Diane B. Felsch, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance.
June 29, 1993