1993-07-20 Regular CC MinutesA..76
MINUTES OF REGULAR COUNCIL MEETING OF THE ALAMEDA CITY COUNCIL
JULY 20, 1993
The meeting convened at 7:37 p.m., with President Withrow
presiding. The Pledge of Allegiance was led by Councilmember
Appezzato. Reverend Robert Keller gave the invocation.
ROLL CALL -
Present: Councilmembers Appezzato, Arnerich,
Lucas, Roth and President Withrow - 5.
Absent: None.
ANNOUNCEMENTS OF CLOSED SESSION ACTION(S)
93-409 Mayor Withrow announced that, at 7:05 p.m., prior to the
Regular Meeting, Council adjourned to Closed Session to consider:
Pending Litiaation, Murphy v. City of Alameda, pursuant to
Subsection (a) of Section 54956.9 of the Brown Act; and Significant
Exposure to Litiaation, pursuant to Subsection (b) of Section
54956.9 of the Brown Act: Mayor Withrow stated Council did not
adjourn the meeting; it has been continued to a time following the
Special Council Meeting scheduled this evening. [8:30 p.m.] Any
interim actions taken by Council at that Closed Session will be
reported at the next regularly-scheduled Council Meeting.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
93-410 Presentation of Certificate of Service to David Elefant,
former Member of the Economic Development Commission.
Mayor Withrow presented Certificate to Mr. Elefant, anu commended
him for his service.
Mr. Elefant expressed appreciation and stated he looks forward to
serving the City in the future.
93-411 Presentation of Certificate of Appreciation to Ron Goode
Toyota.
The City Manager stated Mr. Goode could not be present and
requested the presentation be held over. Mayor Withrow agreed.
CONSENT CALENDAR
Mayor Withrow announced that report 93-419 regarding Shoreline
Protection and Windbreak Construction Project, and filing 93-420
Affidavit of City Manager and Chief of Police, were removed from
the Consent Calendar by request of a citizen, for discussion.
Councilmember Lucas moved approval of the remainder of the Consent
Calendar. Vice Mayor Roth seconded the motion.
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Councilman Arnerich commented, concerning three Public Works
Department projects on the Consent Calendar, that he would like the
public to know that all three came in well under the bid, and
through the Department's efforts, hundreds of thousands of dollars
have been saved.
The motion carried by unanimous voice vote - 5.
Items so enacted or adopted are indicated by an asterisk.
*93-412 Minutes of Adjourned Regular Council Meeting of June 29,
1993, and Special Council Meetings [Budget] 8:30 p.m., June 29, and
[NAS] 9:00 p.m., June 29, 1993. Approved.
*93-413 Report from Public Works Director recommending acceptance
of Work by O.C. Jones & Sons for Repair and Resurfacing of Certain
Streets, Phase 14, No. P.W. 3-92-07. Accepted.
*93-414 Report from Public Works Director recommending acceptance
of Work by EMSCO of San Francisco for Minor Street Patching with
Asphalt Concrete for the Fiscal Year Ending June 30, 1993, No. P.W.
4-92-10. Accepted.
93-415 Report from Public Works Director recommending Award of
Contract to Nicholson Construction Co. for Mariner Square Bulkhead
Repair, No. P.W. 5-93-10.
*93-416 Report from the Public Works Director recommending
Council authorize an amendment of Agreement for Engineering Design
Services with Harza Kaldveer for Mariner Square Drive Bulkhead
Repairs (Earthquake Damage Repairs). Accepted.
*93-417 Resolution No. 12428 "Amending the Management and
Confidential Employees Association Salary Resolution by
Establishing the Salary for the New Position of Crime Analyst."
Adopted.
*93-418 Bills, certified by the City Manager to be true and
correct, were ratified in the sum of $1,170,455.05.
93-419 Report from Public Works Director recommending Award of
Contract to McGuire & Hester for Alameda Gateway Ferry Terminal
Shoreline Protection and Windbreak Construction Project, No. 12-91-
15. Accepted.
John Scott Graham, Alameda, inquired how much money will be
expended on project, to which the Public Works Director replied the
work is completely funded by Proposition 116 grant money.
Mr. Graham suggested uses for the U.S.S. Coral Sea, e.g., ferry
terminal, a memorial to produce revenue, rather than dismantling
the ship.
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Councilmember Lucas moved acceptance of the report. Councilman
Arnerich seconded the motion which carried by unanimous voice vote
- 5.
93-420 Filing of Affidavit of City Manager and Chief of Police
Pursuant to Section 17-11 of the Charter of the City of Alameda.
Approved.
John Scott Graham, Alameda, stated there is no agenda packet report
on this matter; and the public should be able to read about any
item on the agenda.
Councilman Arnerich moved approval of Filing. Vice Mayor Roth
seconded the motion which carried by unanimous voice vote - 5.
AGENDA ITEMS
93-421 Status Briefing on Base Conversion Process. (Mayor
Withrow)
Mayor Withrow stated this item will be placed on the agenda for
regularly scheduled Council Meetings for the foreseeable future;
commented on the first meeting of the East Bay Conversion and
Reinvestment Commission, during which eleven operating committees
were established.
Mayor Withrow announced meeting times of the Executive Committee
and the Commission at Port of Oakland, Jack London Square, Oakland.
Mayor Withrow stated letters have been sent to certain agencies and
groups to nominate Chairs for subcommittees under the BRAG [Base
Reuse Advisory Group]; and he is arranging with NAS Commanding
Officer for a tour of Naval Air Station.
Councilmember Lucas thanked the Mayor for sharing the letter from
the Governor's Office signed by Mr. Sybert providing information on
the State's stand; suggested Council meet in Sacramento with Mr.
Sybert to find out how much support the State can provide; meetings
should be arranged with all our political representatives; as staff
support is hired, they should recommend how Council can further
ensure that ultimate decisions remain with Council.
President Withrow agreed and stated the consensus of citizens and
Council that Alameda should determine its destiny has been conveyed
to the EBCRC, EDA, Economic Adjustment Office in the Pentagon-
Congressman Dellums and Senators Boxer and Feinstein.
Councilman Arnerich stated Council should be informed of all
meetings, whether or not attendance is possible.
President Withrow stated the Vice Mayor attends EBCRC meetings as
alternate, however he believes Council, for the next few months,
should attend EBCRC meetings to convey the City's concern; and
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hopes BRAG, when established, will be in attendance also.
Vice Mayor Roth stated the Commission is made up of 25 members and
anyone may apply to serve on a subcommittee.
Mayor Withrow noted none of the subcommittees discuss land use or
NAS, however, many subcommittees are important and he hopes Alameda
residents will participate; he instructed the City Clerk to provide
a press release indicating applications for the EBCRC may be
submitted to Alameda City Hall, and will be forwarded to the
Commission.
93-422 Public Hearing regarding the formation of the Bay Farm
Island Dike Maintenance Assessment District No. 93-1, to allow
testimony and consider objections on the formation and the levy of
assessments; and
Resolution No. 12429 "Approving Engineer's Report,
Confirming Diagram and Assessment, Ordering Improvements and
Formation of the Bay Farm Island Dike Maintenance Assessment
District, and Levying First Assessment." Adopted.
President Withrow announced that he, Councilmember Appezzato, City
Manager, and City Attorney are precluded from participating in this
matter [due to potential conflict of interest], and stepped down
from the dais.
Vice Mayor Roth assumed the Chair and opened the Public Hearing.
Julian Silverman, Alameda, stated his concerns regarding the City
Notice mailed to property owners concerning the formation of the
District.
Vice Mayor Roth explained the Dike Maintenance Assessment District
(AD) was formed at the request of the homeowners' associations who
wanted relief from annual payments, paid a one-time fee, and the
maintenance is done from the interest on that fund; the reason for
the District is to provide a vehicle to assess people if there is
a major storm requiring major work that will cost over and above
what other sources, e.g., federal and state, will pay.
Replying to Mr. Silverman, Councilman Arnerich further explained
that HBI homeowners' assessment was in perpetuity, they sought
relief from the City, worked with the City; and the Reclamation
District will be dissolved.
Mr. Silverman commented the basic principle is ideal but the
wording gives unlimited power and forms a new District.
Councilman Arnerich stated there is no mechanism to hire additional
people; the program will be administered by staff.
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Mr. Silverman stated, had he known, he would not have objected.
Stephen Brimhall, representing Harbor Bay Isle Associates (HBIA)
International Teleport Plaza Associates (ITPA) and Cowan
Enterprises, stated he has filed letters of protest, reviewed all
documents, believes the process is excellent, stated an agreement,
signed November, 1992 between City, Community Homeowners
Association, HB Park Association and HBIA, states that if an
assessment is needed, it will be based upon values in 1992
valuation report as confirmed by Council. He is concerned that the
Engineer's report states that property values at the time of
assessments are determined by the valuation report dated October,
1992, or subsequent reports; the last three words change the
agreement which states there will not be subsequent reports; he is
willing to remove protests and support District formation if the
three words "or subsequent reports" can be dropped with an insert
in its place that the report was confirmed by Council, with the
1992 date; he wants language consistent with the 1992 agreement.
Pam DeSimone, Alameda, stated enormous support has been given by
homeowner, concerning the agreement, and to all 18 homeowners
associations and various committees, as it saves them money; on the
issue Mr. Brimhall addressed, the agreement addresses successors of
owners of the property; agreement was reached that all would
support that if there ever was an assessment, it would be assessed
on the basis of the original plan laid out by the Valuation
Commissioners; it was fair, agreed to, and she sees no problem with
removing those three words ["or subsequent reports").
Vice Mayor Roth stated he has no problem with that.
In response to Councilman Ainerich's inquiry, the Assistant City
Attorney stated she foresees no problem in elimination of the three
words; Council can delete the three words or can take the sentence
directly out of the agreement.
Vice Mayor Roth closed the public portion of the Hearing.
Councilmember Lucas noted the Public Works Director was concerned
that changing the language might limit flexibility.
The Public Works Director stated if the agreement section which
discusses that Council is the final word on assessment and provides
discussion method to make changes could be referred to, he would be
more comfol..table.
The Assistant City Attorney replied in the affirmative.
Mr. Brimhall stated that would be acceptable to him; and suggested
that Section A be lifted from the agreement for inc].usion.
The Assistant City Attorney stated Section 4A of the Maintenance
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Agreement of November 1992 could be added, and read the paragraph
for clarification.
Vice Mayor Roth stated he is happy with that.
Mr. Brimhall stated he will remove protests if Council will accept
that language.
In response to Councilmember Lucas, the Assistant City Attorney
replied properties will be assessed using methods set forth in the
Reclamation District's Valuation Commissioner's Report.
Vice Mayor Roth stated determination must be made as to whether a
majority protest exists.
The Assistant City Attorney noted 25 written protests were
received, seven were withdrawn and two were from outside of the
District; the remaining total is not a majority of the property
owners.
In response to the Vice Mayor, Mr. Brimhall noted property owners
number over 3000.
Councilmember Lucas moved adoption of Resolution to approve the
Engineer's Report with the amendment agreed upon, confirming the
diagram and assessment and forming the District.
The Assistant City Attorney stated Ms. DeSimone, at the July 6th
Council meeting suggested removal of the word "Maintenance" from
the District title.
Councilmember Lucas amended her motion accordingly.
Councilman Arnerich clarified the motion removes the word
"maintenance" and the deletion of "or subsequent reports."
The Assistant City Attorney stated staff requests authorization to
execute any necessary documents.
Councilmember Lucas incorporated the requested authorization into
the motion.
Councilman Arnerich seconded the motion which carried by the
following voice vote: Ayes: Councilmembers Arnerich, Lucas and
Acting President Roth - 3. Noes: None. Absent: None. Abstentions:
Councilmember Appezzato and Mayor Withrow - 2.
* * * *
Council recessed for five minutes until 9:00 p.m.
* * * *
President Withrow and Councilmember Appezzato returned to the dais.
93-423 Public Hearing to consider:
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Resolution No. 12430 "Approving Engineer's Report,
Confirming Diagram and Assessment and Ordering Levy of Assessments,
Island City Landscaping and Lighting District 84-2." Adopted.
Michael Grappo, Alameda, requested Council terminate the District;
stated Landscaping and Lighting Act has been used by many Councils
and agencies as a means to circumvent Proposition 13 and acting
without a vote of the electorate; and urged Council to decide this
is a wrong way to go.
Vice Mayor Roth noted the benefits of the District to Webster
Street, that the business district, and a large group of people
desired those features and that is why the District was formed.
Earl Peacock, Alameda, stated he represents grass roots committee
for fair taxation; is not opposed to taxes if he can vote on them;
Council should destroy this District, it is not the money but the
principle that the committee is against.
John Barni, Sr., Alameda, stated he is not against taxes as long as
he can vote on them; howevcr he is against assessment districts
because of how they are formed and levied against property owners.
Councilmember Lucas stated this Assessment District was formed in
1984 by an overwhelming request by business owners who wanted e.g.,
cleanliness, lighting for safety, better 1ndscaping, and since
then an additional district has been started and she has been
informed that the property owners voted for it 100%.
The City Manager stated the issue before Council is not creation of
a district, it is a budget 4.or a district created at request of
property owners; and is not to be confused witn some cities, nor
the School District proposal, that form districts citywide.
Councilman Arnerich stated the program is a valid one; he
understands the concerns of persons who oppose districts, and
Council should watch the districts closely.
Vice Mayor Roth moved the recommendation to adopt the resolution.
Councilmember Lucas seconded the motion which carried by unanimous
voice vote - 5.
93-424 Report from Community Development Director regarding
continuation of Overnight Shelter and Other Homeless Services.
(Continued from July 6, 1993, Council Meeting)
Charito Benipayo, Alameda, Member, Board of Directors, United
Pilipinos of Alameda (UPA), opposed shifting emergency shelter to
transitional housing; expressed continued need of shelter for
battered women; and urged Council support continued funding.
John Scott Graham, Alameda, stated battered women need shelter; UPA
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has had successful program and need support.
Nick Santos, President, UPA, stated the UPA Board of Directors has
come to a decision, and UPA does not wish to handle transitional
housing; addressed proposal from Community Development (CD)
Director dated 7/14/93, comparing cost of UPA and Midway, noted UPA
is open 24 hours and serves three meals; and urged Council allow
UPA to do what it has been doing well.
In response to Councilmember Appezzato, Mr. Santos stated UPA's
sources of funding are from City, County, FEMA and the community;
the only source in jeopardy is the City which approved funding for
$27,484 in April which is now being diverted to Midway; going to
transitional housing would put FEMA funds in jeopardy as they are
used for food for occupants of emergency shelter; and the 6/30/92
Reserve Fund has been partially used.
Virginia Krutilek, Alameda, Chair, Alameda Homeless Network, spoke
in favor of the Community Development Department recommendation
because of need for transitional housing; she believes a change
must be made to benefit the community.
President Withrow stated it does not seem consistent to mix a
transit type of mission, with one requiring a safe-house concept;
to which Ms. Krutilek stated that is true, however, the Midway has
housed some battered women.
Councilmember Lucas inquired, if UPA continues to provide emergency
shelter facility, is there another group in town that can provide
transitional housing.
Ms. Krutilek replied that research would be required to prepare a
Request for Proposal to determine if someone would be interested.
Barbara Kerr, Alameda, stated because UPA has an emergency life
saving service, shutting down UPA is to endanger lives; if the
proposal is implemented, at the end of the year, due to lack of
funding, the City will have shut down the battered women's shelter
and will not have enough money to run Midway.
Cris Refuerzo, Alameda, Executive Director, UPA, stated the
recommendation to shift the services of UPA to transitional housing
would, in effect, request Council to reverse the allocation,
$27,484, the City has provided the shelter for fiscal year 1993-94;
the request for reversal is sudden, unprecedented, and unjustified;
if the allocation is to be withheld, there should be convincing
evidence that UPA is not entitled to it; and no one has said that
UPA failed.
The City Manager stated there are certain compliance issues with
UPA, among which is receiving a copy of the final audit from them.
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In response to Councilman Arnerich, Mr. Refuerzo stated UPA has
explained the delay in the auditor's report to CDD, and the final
draft has been given to them.
The City Manager stated they can come into compliance, but have not
yet.
Carol Layton, Alameda, Commissioner, Alameda County Commission on
Status of Women (ACCSW); Business and Professional Women, noted
violence is number one health risk among women; battered women and
children cannot be mixed with transitional housing; Council must
not abandon women and children in crisis, and Alameda needs a safe
house.
Councilmember Lucas stated UPA has operated an excellent shelter
for ten years; Midway is relatively new, and its existence is not
assured; women and children have special needs and she wants to see
the shelter continued and City fund the $27,000+.
President Withrow agreed and stated he does not find the two
programs [women's shelter and transitional housing] consistent; and
he supports maintaining the women's shelter.
In response to Councilmember Appezzato, the City Manager provided
information on bed usage, and cost of care provided.
President Withrow stated Midway and transitional housing should be
looked at separately.
Jim Franz, Alameda, American Red Cross, Alameda Chapter, in
response to Councilmember Lucas and President Withrow, provided
further information on bed usage, needs, and reasons why battered
women have occasionally been placed at Midway.
Councilman Arnerich stated he likes proposal to keep Midway and UPA
funded; battered women should not be put in transitional housing.
Following discussion on options for allocation of funds,
Councilmember Lucas moved to continue the UPA shelter and assure
funding of $27,484, as previously allocated, after the necessary
reports are supplied; and staff to come back on Midway Shelter and
transitional housing. Councilman Arnerich seconded the motion.
Vice Mayor Roth stated UPA reserves should be hlanced during the
next year.
The motion was carried by unanimous voice vote - 5.
The City Manager requested a clarification: stated Council wants
the UPA emergency funding to continue, and that is subject to
compliance; inquired if the other money can be used, subject to
coming back with a report on transitional housing, to try to keep
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July 20, 1993
Midway open.
Councilmember Appezzato moved the remainder of the funds be
allocated to Midway. The motion failed for lack of a second.
Following discussion, President Withrow clarified the City Manager
is requesting Council to say the share that would normally have
gone to the UPA shelter will now go to Midway.
The City Manager stated, if past traditional practices are
followed, that is correct.
Councilmember Lucas stated she would like an evaluation of
possibility that the Midway could be a winter shelter.
Councilman Arnerich suggested Council stay with the original motion
to fund UPA and come back with report on Midway and transitional
housing.
In response to President Withrow, the City Manager stated staff
could possibly be prepared to repurt back in two weeks.
The motion was carried by unanimous voice vote - 5.
93-425 Report from Planning Director on Implementation of
Alameda General Plan for 1992.
Vice Mayor Roth moved acceptance of the report. Councilmember Lucas
seconded the motion which carried by unanimous voice vote - 5.
93-426 Resolution approving granting an Additional Designated
Period for Two Years Additional Service Credit.
Councilman Arnerich stated he believes this will be a good cost
saving after the first of the year of over $200,000 to the City's
General Fund; and moved acceptance of report and recommendation
[to agendize resolution for the August 3rd Council Meeting]; Vice
Mayor Roth seconded the motion which carried by unanimous voice
vote - 5.
93-427 Resolution Supporting Senate Bill 36 (Kopp), Pertaining
to Reform of the Ralph M. Brown Act. (Councilman Arnerich)
President Withrow clarified with the City Manager that this item is
an unfunded mandate and stated he would like to send a signal back
to the State level that if the State wants a program that costs
money, they must provide funding.
Councilmember Lucas stated she shares his concern and cannot
support the Bill because it would be an additional cost to
taxpayer.
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Councilmember Appezzato stated this bill would not have been
necessary if politicians did not conduct business in back rooms;
and he supports strengthening the Ralph M. Brown Act.
Vice Mayor Roth stated the State is exempt from the Bill; until
they provide something they will follow, they should not demand we
do more than they.
Councilman Arnerich stated this is a statewide initiative and it
attempts to curtail agencies e.g., utility districts, BART, from
meeting behind closed doors; this City is conscientious, however,
we need to prevent wrongdoing in other agencies; and moved adoption
of resolution. Councilmember Appezzato seconded the motion.
President Withrow stated he will vote against it; he would vote for
it if the resolution had stated the State would fund the cost to
local government but he will not vote for it otherwise.
Councilmember Appezzato suggested if the public's business is
conducted in the open, perhaps we will save more than the
$20,000,000 it will cost to fund this proposal.
President Withrow stated it may in the aggregate, however, it will
not help local government because we comply with the Brown Act; and
cost to cities for unfunded mandates is tremendous; they [State]
write a law and cannot enforce it because they do not have funds.
Vice Mayor Roth stated he would like to point out that the
resolution does not apply to the legislature's open meeting laws,
nor State agencies.
The City Manager stated the Bagley-Keene Act applies to the State
Legislature, and State agencies, e.g., the University of California
Regents; Senate Bill 36 does not apply to Brown Act revisions to
the legislators' and State agencies' open-meeting laws and the
Bagley-Keene Act.
The motion failed by the following voice vote: Ayes:
Councilmembers Appezzato and Arnerich - 2. Nayes: Councilmembers
Lucas, Roth and President Withrow - 3. Absent: None.
* * * *
Vice Mayor Roth moved to extend the meeting past 11:00 p.m.
Councilman Arnerich seconded the motion which carried by unanimous
voice vote - 5.
ORAL COMMUNICATIONS, NON-AGENDA
93-428 Shirley Cummins, Alameda suggested Council write Senator
Kopp and inform him why the resolution [93-427] was not adopted;
and addressed Everett, Washington, Navy Base, and base closure.
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NEW BUSINESS AND UNFINISHED BUSINESS
93-429 Councilmember Lucas requested staff report on complaint
concerning 2500 block of Eagle Avenue.
The City Manager stated a report would be provided off-agenda.
93-430 Consideration of Mayor's nomination for appointment to
the Library Board. (Continued from Adjourned Regular Council
Meeting of July 29, 1993)
Mayor Withrow nominated Susan Correa for appointment.
93-431 Consideration of Mayor's nominations for two appointments
to the Social Service Human Relations Board. (Continued from
Adjourned Regular Council Meeting of June 29, 1993)
Mayor Withrow nominated Charito C. Benipayo for appointment.
ADJOURNMENT
93-432 Mayor Withrow adjourned the meeting at 11:10 p.m. in
memory of Lois C. Felsch, San Francisco Patron of the Arts, mother
of City Clerk Diane Felsch; and Richard Warner, former Park
Maintenance Assistant, husband of Gerri Warner, Department
Secretary for Bureau of Electricity General Manager.
Respectfully submitted,
; -
Patricia Calbreath
Deputy City Clerk
The agenda for this meeting was posted 72 hours in advance in
accordance with the Brown Act.
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July 20, 1993