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1993-10-05 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OCTOBER 5, 1993 The meeting convened at 8:03 p.m. with President Withrow presiding. The Pledge of Allegiance was led by Vice Mayor Roth. Reverend Roger Bauer, of Immanuel Lutheran Church, gave the invocation. ROLL CALL - Present: Councilmembers Appezzato, Arnerich, Lucas, Roth and President Withrow - 5. Absent: None. ANNOUNCEMENTS OF CLOSED SESSION ACTION(S) if any. 93-604 Mayor Withrow announced that, at the Special Meeting held at 6:30 p.m., Council adjourned to Closed Session to consider: Pending Litigation, to consider the cases of Mulvey v. City of Alameda, Guvton v. City of Alameda, and Delucchi v. City of Alameda, pursuant to Subsection (a) of the legal counsel section of the Brown Act; and Labor Relations, pursuant to Subsection (a) of Government Code Section 54957.6 of the Brown Act: Mayor Withrow stated Council took no action. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY 93-605 Proclamation Declaring the Week of October 3-9, 1993, as the Seventh Annual Public Power Week. Mayor Withrow read the proclamation, and Public Utilities Board President Anthony Shomon accepted the Proclamation on behalf of the Board and staff. 93-606 Appointment by Mayor of Rafael Ebron as a Non-Voting Youth Representative to the Social Service Human Relations Board. Mayor Withrow presented Certificate of Appointment to Mr. Ebron. CONSENT CALENDAR Councilmember Lucas moved approval of the Consent Calendar. Vice Mayor Roth seconded the motion which carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. *93-607 Minutes of the Regular Council Meetings of September 7 and September 21, 1993, and the Special Council Meetings of August 24, August 31, September 7 (2), September 14 and September 21, 1993. Approved. *93-608 Report from Community Development Director recommending Approval of Various Actions to Develop 12 Units of Senior Housing at the Vacant Site at Santa Clara Avenue and Walnut Street. Accepted. October 5, 1993 *93-609 Resolution No. 12458 "Authorizing Submittal of Grant Application for City Hall Rehabilitation Funding Under the Earthquake Safety and Public Building Rehabilitation Act of 1990 and Guaranteeing Matching Funds for the Seismic Rehabilitation Portion of the Project." Adopted. *93-610 Resolution No. 12459 "Supporting the Formation of the East Bay AIDS Foundation." Adopted. *93-611 Bills, certified by the City Manager to be true and correct, were ratified in the sum of $1,289,880.53. AGENDA ITEMS 93-612 Resolution No. 12460 "Reappointing Marie L. Robinson- Gilmore as a Member of the City Recreation Commission." Adopted. Vice Mayor Roth moved adoption of resolution, Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. Ms. Robinson-Gilmore was presented a Certificate of Appointment and the Deputy City Clerk administered the Oath of Office. 93-613 Resolution No. 12461 "Supporting Proposition 172 and Measure "A" (Local Public Safety Protection and Improvement Act of 1993)." Adopted. Alameda County Sheriff Charlie Plummer, District Attorney John Meehan, Public Defender Jay Gaskill, Alameda County Probation Department representative Marguerite Lawry, and Acting Police Chief Schmitz stated the importance of supporting the Measures, and discussed the negative impacts on public safety if they do not pass at the November Special State Election. Councilman Arnerich moved adoption of the resolution and the inclusion of the language "strong affirmative stand"; Councilmember Appezzato seconded the motion which carried by unanimous voice vote - 5. President Withrow requested staff to prepare a recommendation to promote Proposition 172 and Measure A in the City. *** Council recessed and reconvened at 9:00 p.m. *** Actions Related to Base Conversion Process. 93-614 Status Briefing on Base Conversion Process. Oral Report by Don Parker, Project Manager. Conversion Project Manager Parker briefed Council on the BRAG Committee stating its third meeting in three weeks will be held October 6th at which time, the organization of the BRAG and October 5, 1993 subcommittees will be finalized and presented to Council at a Special Meeting on the 12th; the Subcommittees will be operating by the week of October 18; reported on meeting of City Staff and Navy counterparts related to base closure, held at the Navy Base, focusing on understanding of infrastructure and services that will be turned over by the Navy; and commented that staff of East Bay Reinvestment and Conversion Commission requested that the City submit topics for the pilot projects to be undertaken by the Commission; requested Council submit suggestions to forward to the Commission; noted his work on the Principles of Cooperation; and stated two staff members funded by Office of Economic Adjustment [OEA] are in place and additional requests will be made to OEA for funding. Neil Patrick Sweeney, Alameda, commented on various issues pertaining to Base Conversion, e.g., toxic cleanup, retaining Navy Medical Facility. Issues Related to UCSF. 93-615 Oral Report by Community Development Director on the September 29, 1993, Workshop. The Community Development Director reported on UCSF's Workshop presentation, and noted the full scale Environmental Impact Report, which will be presented to the Board of Regents for consideration when making their decision on relocation. 93-616 Report from the City Manager regarding Approval of Approach for Acquiring Land at Harbor Bay Business and Research Park and Submitting a Proposal to UCSF. Diane Coler-Dark, Alameda, questioned the goal of the proposal, and suggested Navy Base property be considered for UCSF site. Don Roberts, Alameda, stated he concurred with Coler-Dark's statements. Bill Garvine, Alameda Chamber of Commerce, encouraged Council to support the City Manager's proposal. Councilman Arnerich stated he has reservations; referred to letter from Jack and Nan Schwegmann, dated September 25; and suggested UCSF go to the State to sell bonds. Councilmember Appezzato stated he has to be convinced proposal will be fair to the citizens of Alameda; expressed concern regarding fifty million dollar bond issue to purchase property, build laboratory building and one soccer facility; there is no guarantee for a second campus; should consider Naval Air Station as a suitable site; and he is not prepared to support proposal. The City Manager explained that at this time the City does not have the ability to acquire land at the Naval Air Station; UCSF is October 5, 1993 putting out a Request for Proposals this week and City needs to have ownership to make a proposal; a lease agreement with UCSF would guarantee payments to the City and would be used to make payments on the loan; and funding is available to provide a world- class soccer facility. Councilman Arnerich stated the State should sell the bonds. The City Manager responded the University is asking for a turnkey project. President Withrow and Councilman Arnerich stated the value of the property is an issue. Vice Mayor Roth suggested the City take an option on the land, respond to Request For Proposals, and offer a turnkey operation. The City Manager stated Vice Mayor Roth is advocating that the cost of the land be built into the cost of the project and be amoritized through lease payments. Councilmember Lucas stated she supports the Vice Mayor's suggestion; noted other communities are offering free land to UCSF. President Withrow stated payment for land should not exceed the lower of $1.7 million or appraised value of the property. In response to Vice Mayor Roth, the City Manager stated he believes a lease/purchase agreement would be developed; at the end of the lease period, the land would be transferred to UCSF for a nominal amount. Councilmember Appezzato stated he has not seen any guarantees of the lease agreement, lease/purchase agreement, nor value of the land. Vice Mayor Roth moved that staff pursue response to the RFP, a proposal with option to purchase land, and construction of the building; and report back with RFP response showing lease payment for a turnkey operation. Councilmember Lucas stated she would like to add the Mayor's suggestion that payment not exceed lower of $1.7 million dollars or the appraised value. The City Manager stated Council will review the final proposal; and he will proceed on providing a valuation of the land and proposal. Following Council discussion regarding a soccer facility, Vice Mayor Roth suggested multi-purpose open space. The City Manager responded it could be used for three smaller fields or a world-class soccer field. October 5, 1993 7E; Vice Mayor Roth amended his motion to include multi-purpose open space; Councilmember Lucas agreed to the amendment. The motion carried by the following voice vote: Ayes: Councilmembers Arnerich, Lucas, Roth and President Withrow - 4. Nayes: Councilmember Appezzato - 1. 93-617 Report from President, Alameda Free Library Board, requesting Authorization of Expenditures for Plans and Specifications for a Carnegie Seismic Upgrade and for a Feasibility Study for a Carnegie Rehabilitation and Expansion. Library Board President Waterbury stated the Board is recommending that $85,000. be expended for Plans and Specifications and estimates for seismic upgrade of the Carnegie, and $75,000. for Feasibility Study for Carnegie Rehab and expansion on adjacent lands. Vice Mayor Roth stated when Council was discussing a library tax, he was not thinking of a tax for building; he was looking for a way to not cut library services. President Waterbury responded details will be provided to the City Council on January 4, 1994; a Committee met on the subject and came back with a recommendation, and strong belief, that a tax would only be feasible on the capital aspect. President Withrow stated for future capital projects, we are going to have to determine where the monies are going to come from to build, and operate, them. Councilman Arnerich stated the City of Galt built a 30,000- square- foot library with monies derived from a flea market, which generates $1.9 million per year. Judy Pollard, Alameda, stated she hopes the Feasibility Study will lay to rest the debate between a new library at the LinOaks and a remodelled, expanded Carnegie; and believes Study will allow the City to compete for any future monies. David Plummer, Alameda, submitted copies of a 1991 Ohio Libraries Publication depicting an expanded, multiple story, 116-year-old library; stated appears library is similar to the potential at our library site; explained funding of the project; and commented a Feasibility Study could show more property required than actually needed, and drive Carnegie expansion out of the budget. Councilman Arnerich stated he would like Library going down Santa Clara Avenue looked at; and will be voting for the Library Board's recommendation. Councilmember Lucas stated the recommendation makes a lot of sense, and she will support it. October 5, 1993 37B Councilmember Appezzato stated he will support the recommendation; complimented the Library Board for hard work, and others who are concerned; City needs a world-class library; and he looks forward to the January report. Vice Mayor Roth stated he will support the recommendation; he wants the same features considered in Feasibility Study for an expanded library and a new library, e.g. number of parking spaces. Councilmember Lucas stated if the Carnegie Building is used, she does not believe parking would be required; parking is grandfathered in, in its current condition; and there is plenty of street parking. Council, by consensus, unanimously approved the recommendation. 93-618 Report from Assistant City Manager Requesting Authorization to File an Application for Rate Certification with the FCC Regarding Regulating Basic Cable Service. Councilman Arnerich stated he has heard from many irate subscribers concerning increased bills. Councilman Arnerich moved acceptance; Vice Mayor Roth seconded the motion which carried by unanimous voice vote - 5. 93-619 Report from the Community Development Director Recommending Appointment of a City Representative to the Cities Advisory Board for the Alameda County Joint Training Partnership Act Program. President Withrow stated he would entertain a motion designating Councilman Arnerich as City Representative. Councilmember Lucas so moved. Vice Mayor Roth seconded the motion which carried by unanimous voice vote - 5. 93-620 Resolution No. 12462 "Authorizing a Grant Application to the Department of Justice, Bureau of Justice Assistance, Police Hiring Supplement Program." Councilmember Lucas moved adoption. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. 93-621 Ordinance No. , N.S. "Authorizing Execution of Amendment to Lease with Almar, Ltd. and Ballena Isle Marina." In response to Councilman Arnerich, the City Attorney stated if Almar, Ltd. defaults on payments, they default on entire Lease; and the City can obtain the property back. Vice Mayor Roth moved introduction. Councilmember Lucas seconded the motion which carried by unanimous voice vote - 5. * * * October 5, 1993 Councilman Arnerich moved to extend the meeting to 11:20 p.m. Councilmember Appezzato seconded the motion which carried by unanimous voice vote - 5. *** 93-622 Ordinance No. 2643, N.S. "Amending the Alameda Municipal Code by Repealing Section 8-16 (Traffic in Tubes and Portal), of Chapter VIII (Traffic and Motor Vehicles), Thereof, Pertaining to Traffic Lines, Traffic Signals, Speed Limits, Regulations, and Prohibited Acts." Adopted. Vice Mayor Roth suggested Ordinances [93-622 through 93-628] be acted upon with one motion. Council, by consensus, agreed. [See paragraph 93-628 for motion] 93-623 Ordinance No. 2644, N.S. "Amending the Alameda Municipal Code by Amending Subsections 12-4.1 and 12-4.5 of Section 12-4 (Public Off-Street Parking Lots),and Subsection 12-13.2(a) of Section 12-13 (Parking Meters) of Chapter XII (Parking Lots and Parking Meters), Thereof, Pertaining to Public Off-Street Parking." Adopted. [See paragraph 93-628 for motion] 93-624 Ordinance No. 2645, N.S. "Amending the Alameda Municipal Code by Amending Subsection 18-1.1 (Deposit of Glass, Etc., in Sewer Prohibited) and Repealing Subsection 18-1.2 (Discharge of Dyes, Etc., into Sewer Prohibited) of Section 18-1 (General Provisions), Article I (Sewers), of Chapter XVIII, (Sewer and Water), Thereof, Pertaining to Waste Water Control." Adopted. [See paragraph 93-628 for motion] 93-625 Ordinance No. 2646, N.S. "Amending the Alameda Municipal Code by Repealing Section 11-5 (Bicycle Establishments; Purchase and Sale of Bicycles) of Chapter XI (Bicycles), Thereof, Pertaining to the Purchase and Sale of Bicycles." Adopted. [See paragraph 93-628 for motion] 93-626 Ordinance No. 2647. N.S. "Amending the Alameda Municipal Code by Amending Subsection 3-1.1; Repealing Subsections 3-1.2 and 3-1.3; and Renumbering 3-1.4 To 3-1.2 of Section 3-1, Chapter III (Finance and Taxation), Thereof, Pertaining to Demands Against City." Adopted. [See paragraph 93-628 for motion] 93-627 Ordinance No. 2648, N.S. "Amending the Alameda Municipal Code by Repealing Section 3-24 (Duties of Auditor) and Subsection 3-27.1 (Entry of Taxes), of Chapter III (Finance and Taxation), Thereof, Pertaining to Collection of Taxes." Adopted. [See paragraph 93-628 for motion] 93-628 Ordinance No. 2649. N.S. "Amending the Alameda Municipal Code by Repealing Division III, Equalization, Section 3-23 (General Provisions) of Chapter III (Finance and Taxation), Thereof, Pertaining to City Board of Equalization." Adopted. Vice Mayor Roth moved final passage of ordinances [paragraphs October 5, 1993 381 numbers 93-622 through 93-6283 Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. 93-629 Written Communication from David L. Thompson, Oak Construction Co., Orinda, commending Vivian Day, Permit Office Supervisor, Public Works Department. (Mayor Withrow) President Withrow stated he placed the item on agenda as he wanted to call attention to appreciation expressed regarding City staff. Councilmember Lucas moved to accept the communication. Councilman Arnerich seconded the motion which carried by unanimous voice vote 5. Vice Mayor Roth suggested all staff commendations be recognized in the future. NEW BUSINESS AND UNFINISHED BUSINESS 93-630 Consideration of Mayor's Appointment of Three At-Large Members to the Mayor's Transportation Systems Management (TSM) Committee. Mayor Withrow appointed Florence Butter, Richard Austin and Beth Kromer. 93-631 Councilman Arnerich stated the traffic problems on Gibbons Drive and Cornell should be looked into, and a status report provided. ADJOURNMENT 93-632 At the request of Councilman Arnerich, Mayor Withrow adjourned the Council Meeting, at 11:05 p.m., in memory of Fire Fighter David Macho. Respectfully submitted, DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted 72 hours in advance. October 5, 1993