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1999-06-01 Special and Regular CC MinutesMINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -JUNE 1, 1999- -7:00 P.M. Mayor Appezzato convened the Special Meeting at 7:00 p.m. Roll Call - Present: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. Absent: None. The Special Meeting was adjourned to Closed Session to consider: (99-254) Conference with Legal Counsel - Existing Litigation; Name of Case: City of Alameda and Citizens League for Airport Safety and Serenity (CLASS) v. Port of Oakland. (99-255) Conference with Real Property Negotiator; Property: Fleet Industrial Supply Center and Alameda Point; Negotiating Parties: Alameda Unified School District and City of Alameda; Under Negotiation: Terms and Conditions. Following the Closed Session, the Special Meeting was reconvened and Mayor Appezzato announced that regarding Existing Litigation, the City Council gave instructions to the City Attorney; and regarding Conference with Real Property Negotiator, Council discussed the status of real property negotiations; gave direction to negotiators; no decision was made. Adjournment There being no further business, Mayor Appezzato adjourned the Special Meeting at 7:40 p.m. ectfully submitted, Diane B. Felsch, CMC City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council June 1, 1999 MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -JUNE 1, 1999- -7:20 P.M. Mayor Appezzato convened the Special Meeting at 7:50 p.m. Roll Call - Present: Absent: Agenda Item Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. None. (99-256) Resolution No. 13108, "Authorizing the Public Works Department to Perform Construction Work at the City Skatepark pursuant to Section 3-15 of the Alameda City Charter." Adopted. Katie McAvoy, HOME Project, invited the City Council to attend a festival celebrating the Skate Park construction on June 6, 1999 from 12:00 p.m. to 6:00 p.m. at the new City View Skatepark; stated there will be bands, booths, food and the event will be fun. Mayor Appezzato requested staff to make a presentation on the construction work at the Skate Park. The Public Works Director responded Council is being asked to consider allowing Public Works Department staff to finalize construction of the Skateboard Park, stated there was a tremendous community effort to construct the Park; approximately 85% of the entire Park - and 95% of the skateboard portion was completed; Council approval will allow the Public Works Department staff to put on the finishing touches. Mayor Appezzato complimented the Public Works Director, Acting City Manager, and all City departments, e.g. Police, Fire, Public Works and Recreation, for working on the skateboard park. Councilmember Kerr requested the Public Works Director to review the landscaping schedule. The Public Works Director responded the last concrete work will be completed tomorrow; the Recreation and Park Department hopes to complete landscaping in the concrete planting boxes at the front of the park first; the sloped area on north and west sides will have topsoil with landscaping; volunteers could be used to assist with the landscaping. Councilmember Kerr requested the Public Works Director to provide Special Meeting Alameda City Council June 1, 1999 Council with the [landscaping] schedule after it is established to allow people to participate. Cindy Zecher, Stand for Children, encouraged everyone to attend the festival; stated everyone did a tremendous job on the park; thanked Council for making many youths dreams possible. Mayor Appezzato stated people will be able to walk around the Skate Park; skating on the facility is not possible until June 18, 1999; the first permanent facility on the former Naval Base is for the youth. Councilmember DeWitt moved adoption of the Resolution. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. Adjournment There being no further business, Mayor Appezzato adjourned the Special Meeting at 8:02 p.m. Respectfu y submitted, Di ne B. Fe sch, CMC City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council June 1, 1999 r MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -JUNE 1, 1999- -7:30 P.M. Mayor Appezzato convened the Regular Meeting at 8:05 p.m. Councilmember DeWitt led the Pledge of Allegiance. Reverend Myong Bae Choi, Alameda Korean Presbyterian Church gave the Invocation. ROLL CALL - Present: Councilmember Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. [Note: Councilmember Kerr left at 8:37 p.m.] Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (99-257) Presentation by Michelle Gitmed on the City of Alameda and the Year 2000. Michelle Gitmed gave a presentation on the Year 2000 Problem, including preparation at the County, State, Federal and Global levels, the City of Alameda's preparations and steps individuals can take to be prepared. Mayor Appezzato suggested a Year 2000 presentation be given again in October or November. In response to Councilmember Johnson's inquiry regarding traffic signals, Ms. Gitmed stated the majority of the traffic signals were tested and passed. Vice Mayor Daysog inquired whether the Port of Oakland and the Oakland Airport are prepared for the Year 2000. Ms. Gitmed responded that according to the Port of Oakland, everything should be fine; stated ship trafficking is controlled by the U.S. Coast Guard; the Port is working with the FAA to make sure that the Airport's key systems will be ready. In response to Vice Mayor Daysog's inquiry regarding preparedness of the City's vendors, Ms. Gitmed stated each department obtained letters from vendors; language is being included in all new contracts to cover the Year 2000 issue. Vice Mayor Daysog further inquired whether the intention of the new Regular Meeting Alameda City Council June 1, 1999 155 language [included in Contracts] could be transmitted to vendors currently contracting with the City, to which Ms. Gitmed responded that she can review the matter with the City Attorney. Councilmember Kerr noted the City only has three computer technicians serving the entire City. (99-258) Proclamation declaring Alameda to be a "Relay for Life Community" on June 5 and 6, 1999. Mayor Appezzato read the Proclamation and presented it to Nancy Wonder, Co-Chair of the Event. (99-259) Proclamation declaring June 6, 1999 as Alameda Utopian Kids and Stand for Children Day. Mayor Appezzato read the Proclamation and presented it to Cindy Zecher. (99-260) Proclamation recognizing the Gay and Lesbian Community of the City of Alameda. Mayor Appezzato read the Proclamation and presented it to Sherry Stoll and Christine Allen. Geri Creque Stongh, Girl Scouts of Alameda and Temple Israel, thanked the Mayor for presenting the Proclamation. Dr. David E. Deppe, Alameda, stated the Proclamation is important for the children of Alameda. Len Grzanka, Alameda, stated no issue divides the community more than homosexuality; suggested a Proclamation recognizing June as Alameda Pride Month be issued to encourage Alamedans to do one thing for the community; an honor roll could be posted at City Hall to record good deeds; all hetero- and homosexual Alamedans could take pride in the month of June. Ken Werner, Social Service Human Relations Board (SSHRB) and Alamedans Together Against Hate (ATAH), stated the SSHRB supports the Proclamation; the SSHRB established the hate and intolerance response team process to respond to people being beat up, called names and harassed; the second highest group which suffers from bias-related incidents are gay and lesbian citizens; bias and hate do not belong in Alameda. *** Mayor Appezzato called a recess at 8:37 p.m.; Councilmember Kerr left the Council Chambers at the Recess; and Mayor Appezzato reconvened the Meeting at 8:59 p.m. * * * Regular Meeting Alameda City Council June 1, 1999 156 CONSENT CALENDAR Mayor Appezzato announced that the recommendation to authorize sending a letter of support for SB 3 [paragraph no. 99-266] and recommendation to accept the Eighth Annual Report on Implementation of the Housing Element [paragraph no. 99-267] were removed from the Consent Calendar for discussion. Vice Mayor Daysog moved approval of the remainder of the Consent Calendar. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 4. Absent: Councilmember Kerr - 1. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*99-261) Minutes of the Special City Council Meeting held on May 12, 1999; the Special Joint City Council and Community Improvement Commission Meeting held on May 12, 1999; the Special Joint City Council and Community Improvement Commission Meeting (Closed Session) held on May 18, 1999; and the Special (Closed Session) and Regular City Council Meetings held on May 18, 1999. Approved. (*99-262) Recommendation to accept Report on the Local Law Enforcement Block Grant Program. Accepted. (*99-263) Recommendation to award Contract in the amount of $99,253 to N.V. Heathorn, Inc. for Marina Village Stormwater Pump Station Mechanically Cleaned Trash Rack, No. P.W. 07-98-19. Accepted. (*99-264) Recommendation to reject all Bids for Utility Upgrades of Building 7, Alameda Point, 851 N. Midway, No. P.W. 10-98-26. Accepted. (*99-265) Recommendation to accept report on Survey Results to consider expanding the Annual Clean-Up Program to Multi-Family Properties. Accepted. (99-266) Recommendation to authorize the Mayor to send a letter expressing Council's support for SB 3 ($1 Billion General Obligation Bond Measure for the Construction or Rehabilitation of Public Libraries). Marilyn Ezzy Ashcraft, Library 2000, stated if SB 3 passes, there would be a Measure on a ballot in the year 2000; the last time a Library Bond was approved by State legislature was eleven years ago; qualifying jurisdictions would receive 65% of the cost to build or renovate a library, as long as 65% is not greater than $20 Million; invited individuals interested in SB 3 to attend the next Library 2000 meeting. Regular Meeting Alameda City Council June 1, 1999 Councilmember Johnson moved approval of the staff recommendation. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 4. Absent: Councilmember Kerr - 1. (99-267) Recommendation to accept the Eighth Annual Report on Implementation of the Housing Element. Father Jeffrey Keyes, St. Barnabas Church, stated the Alameda Journal newspaper reported that in the 1998 calendar year, ten units were built for families with moderate income, fifty-one units were constructed for above-moderate-income families, and no units were completed for low- or very-low income households; a St. Barnabas survey showed that 75% of parishioners are having difficulty with housing needs; in one year, rent increased from $900 to $2000; St. Barnabas had 1,100 registered families and now has 857; most families are moving out of the City because they cannot afford the rent; inquired how the City Council makes decisions; stated money and profit seem to drive choices, not people's lives; further inquired whether the RFP for East Housing was posted for everyone or only Catellus. Mayor Appezzato stated everyone was invited to participate; there were seven responses to the Request for Qualifications; the City picked three to respond to the Request for Proposals: Lincoln Properties, The Martin Group and Catellus; Catellus was selected in an open process; there was a City-wide process, including B.R.A.G. business groups, and Boards and Commissions. Christine Harrison, Alameda, inquired whether there was a bidding process for the Fleet Industrial Supply Center [FISC] or East Housing. Mayor Appezzato responded that he was referring to FISC; East Housing was given to Catellus. Ms. Harrison further inquired whether there was a bidding process for East Housing. Mayor Appezzato responded in the negative. Vice Mayor Daysog stated the East Housing process was made public on January 21, 1997 when the FISC process began; Council directed staff to notify developers to include East Housing in proposals; Catellus designs incorporated East Housing; Lincoln Properties did not include East Housing; the Martin Group proposed to work with non-profit organizations for East Housing; Catellus was selected for a number of reasons; the matter is still being negotiated. Ms. Harrison stated there was not a bidding process for East Housing itself; the City had a bidding process for FISC, then Regular Meeting Alameda City Council June 1, 1999 158 people were asked to include East Housing. Mayor Appezzato responded the City Council selected Catellus for East Housing and did not follow the same process as FISC; stated there is not a written agreement with Catellus, yet; the City does not own the [former Navy] Base, yet. Councilmember DeWitt moved approval of the staff recommendation. Vice Mayor Daysog seconded the motion, which carried by unanimous voice vote - 4. Absent: Councilmember Kerr - 1. (*99-268) Resolution No. 13109, "(1) Amending Memorandum of Understanding Between the City of Alameda and Alameda Management and Confidential Employees Association; (2) Adopting a Salary Schedule for the Office of City Clerk; (3) Amending Contracts Between the City Manager and the City of Alameda and the City Attorney and the City of Alameda; and (4) Adopting a Salary Schedule for Four Unrepresented Employees [Assistant City Manager, Deputy City Manager, Human Resources Director and Chief of Police]." Adopted. (*99-269) Ratified bills in the amount of $1,286,310.23. REGULAR AGENDA ITEMS (99-270) Public Hearing to consider placing the collection of Delinquent Business License Fees on Property Tax Bills. Mayor Appezzato opened the public portion of the Hearing. Opponent Tracy Walz, Alameda. Mayor Appezzato closed the public portion of the Hearing. Mayor Appezzato stated that City staff should not be directing such matters to the City Council; staff is paid to answer questions. The Finance Director stated there is a provision in the business license ordinance which states the City is not required to send a bill; if the City is aware of the business, a courtesy notice is sent out. Mayor Appezzato inquired whether staff is aware of laws and procedures, to which the Finance Director responded in the affirmative; stated procedures would be reviewed with staff. In response to Mayor Appezzato's inquiry regarding other people bringing their licenses up-to-date, the Finance Director stated Regular Meeting Alameda City Council June 1, 1999 over half of the outstanding licenses have been collected. In response to an inquiry from Mayor Appezzato, the Finance Director stated one letter was received disputing square footage; the City will work with the property owner to resolve the matter. Mayor Appezzato stated employees should treat citizens with knowledgeable information; requested the Finance Director to meet with Ms. Walz. The Finance Director stated staff most likely explained that City staff cannot waive fees, only City Council. The Acting City Manager stated City staff works hard at customer service; staff will follow up on the matter. Councilmember DeWitt inquired whether the City has a way of knowing when new businesses are established. The Finance Director responded that new businesses have an obligation to obtain a business license; the City uses several sources to track new businesses; sometimes it takes a couple of years to catch up with new businesses; the business license ordinance is clear that the notice is a courtesy notice. In response to Councilmember Johnson's inquiry regarding providing notice to businesses with outstanding fees, the Finance Director stated notices were sent prior to the Public Hearing. Councilmember DeWitt moved acceptance of the staff report. Vice Mayor Daysog seconded the motion which carried by unanimous voice vote- 4. Absent: Councilmember Kerr - 1. Councilmember DeWitt clarified that his motion was to approve the staff recommendation. (99-271) Recommendation to appropriate funds for Professional Design Services for Roof Restructuring at the Veterans' Memorial Building at 2203 Central Avenue. Mayor Appezzato requested staff to provide a brief presentation on the matter. The Public Works Director stated By-Laws have been established for a Veterans' Building Committee; the By-Laws state the Committee is to work with the Public Works Director to identify and prioritize Veterans' Building Capital Improvement Projects and maintenance needs; the Committee unanimously supported the roof repair project; staff estimates the study and development of Plans and Specifications will cost $30,000. Regular Meeting Alameda City Council June 1, 1999 160 In response to Mayor Appezzato's inquiry regarding the cost to repair the roof, the Public Works Director responded construction is estimated at $100,000 to $150,000. Mayor Appezzato further inquired whether staff needs to spend $30,000 up front, to which the Public Works Director responded that the $30,000 is needed for the Plans and Specifications; the $100,000 estimate does not include design. Mayor Appezzato stated Mark Chandler, who is with one of the American Legion Groups, informed him [Mayor Appezzato] that a portion of property taxes should be allocated to Veterans' buildings throughout the County; if there is an allocation, the City should obtain the funding from the County; requested the Finance Director to review the matter. Mayor Appezzato further requested: 1) City staff review whether the County can provide funds and, 2) a letter, signed by him, be sent to County Supervisor Wilma Chan which includes the City accepted the Veterans' building at the request of the County. Councilmember DeWitt inquired why the roof design study is necessary, to which the Public Works Director responded that the County repaired the roof by adding additional patches; some layers have five- to six patches; initial analysis has revealed that the roof pitch will have to change in areas. Mayor Appezzato requested staff to review whether there are any State grants for historic buildings, and stated everything should be cleared with the Veterans. Roy Edwards, Disabled American Veterans, stated that the Veterans appreciate City staff; thanked the City for forming the Veterans' Building Committee. Councilmember Johnson moved approval of the staff recommendation. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 4. Absent: Councilmember Kerr - 1. ORAL COMMUNICATIONS, NON-AGENDA (99-272) Tony Dirito, Alameda, stated on April 6, 1999, the City Council considered sending letters of support for two legislative Bills, AB 202 (Knox) and SB 15 (Polanco); that he requested before the Council took action that the following be reviewed: 1) Senator Polanco's letter; it was full of inaccurate statements and facts; and 2) the passage of SB 15 would set up the City of Alameda for lawsuits based on the use of unsafe equipment in the work place; that he contacted Senator Polanco's office and spoke to Bill Mabie; Mr. Mabie admitted the letter was misleading; not all City Councils Regular Meeting Alameda City Council June 1, 1999 161 in the State sent letters of endorsement; SB 15 would have set up local governments for lawsuits; the Bill has been amended to eliminate the threat of unsafe workplace lawsuits; the City should not put its financial future on the line for the political advancement of State representatives; that he is concerned with the welfare of the City of Alameda; if the City is requested to support State legislation in the future, the City Attorney should review the legislation to make sure there are no legal consequences for the City. Mayor Appezzato stated staff reviews legislation prior to placing a matter on the agenda. (99-273) Richard Neveln, Alameda, stated there was bus transit to Alameda Point on Memorial Day; commended the Public Works Director and his staff; stated the bus service was not perfect, however, the City and A.C. Transit can strive to make service work for all Alamedans in the future; hopefully, bus service will be successful for the Big Band Evening on the USS Hornet in two weeks; inquired about the status of the Committee [a Transportation Advisory Committee Sub-Committee] which was recently formed to investigate public transit. Mayor Appezzato stated said Committee is proceeding; Mr. Neveln will be well informed so that he can attend [meetings]. COUNCIL COMMUNICATIONS (99-274) Councilmember DeWitt stated that the City Council received a letter from Congresswoman Barbara Lee regarding Alameda Center for Environmental Technologies (ACET) which is located at Alameda Point; ACET received a grant from the Economic Development Agency for $425,000. (99-275) Councilmember DeWitt stated the Library Director sent a memo to Council regarding the 500 babies born in Alameda Hospital each year; the Library Director would like to inform new parents about the importance of reading to babies; the Library Director proposes that a package be provided to new parents at the hospital; the package would include bookmarks, flyers, information on the Library, and the book, "Read to Your Bunny;" that he would like to support the Library Director's efforts. (99-276) Consideration of Mayor's Nominations for appointments to the Economic Development Strategic Plan Task Force; and (99-276A) Recommendation regarding appointments to the Economic Development Strategic Plan Task Force, Pattianne Parker, Base Reuse Advisory Group (B.R.A.G.), requested the Mayor to consider B.R.A.G.'s recommendation to add a Regular Meeting Alameda City Council June 1, 1999 162 representative from B.R.A.G.; stated B.R.A.G. selected Nancy Hastings as its representative. Mayor Appezzato nominated: 1) the Economic Development Commission's (EDC's) recommended membership; 2) the three candidates representing Homeowners' Associations - -James Sweeney, Marilyn Moffitt and Tom Jordan; 2) the three At -Large representatives -- Helen Sause, Al Wright and Ananda Ghosh; and 4) Nancy Hastings as the B.R.A.G. representative; stated that his nominations bring the membership up to twenty - eight; inquired whether the EDC Chair opposed increasing the membership from twenty -five to twenty- eight. Frank Matarrese, EDC Chair, responded the Task Force should be public and thoughtful; additional members will increase the Task Force's effectiveness, rather than decrease it. (99 -277) Consideration of Mayor's nomination for appointment to the Civil Service Board. Mayor Appezzato nominated Michael J. Robles -Wong for appointment to the Civil Service Board. (99 -278) Consideration of Mayor's nomination for appointment to the Housing Commission (Senior Tenant). Mayor Appezzato nominated Carmen Britter for reappointment to the Housing Commission. (99 -279) Consideration of Mayor's nomination for appointment to the Library Board. Mayor Appezzato nominated Terri Brohard for appointment to the Library Board. (99 -280) Consideration of Mayor's nomination for appointment to the Planning Board. Mayor Appezzato nominated Marie Gilmore for reappointment to the Planning Board. (99 -281) Consideration of Mayor's nomination for appointment to the Public Utilities Board. Mayor Appezzato nominated Lance Russum for reappointment to the Public Utilities Board. (99 -282) Consideration of Mayor's nominations (2) for appointment to the Social Service Human Relations Board. Mayor Appezzato nominated Danielle Bailey and Judith Guerra for appointment to the Social Service Human Relations Board. Regular Meeting Alameda City Council June 1, 1999 (99-283) Consideration of Mayor's nomination for appointment to the Cable TV Advisory Committee (Business and Finance Seat). Mayor Appezzato nominated Richard Teske for appointment to the Cable TV Advisory Committee. ADJOURNMENT There being no further business, Mayor Appezzato adjourned the Regular Meeting at 9:47 p.m. Respectfully submitted, Diane B. Felsch, CMC City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council June 1, 1999 MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -JUNE 1, 1999- -7:20 P.M. Mayor Appezzato convened the Special Meeting at 7:50 p.m. Roll Call - Present: Absent: Agenda Item Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. None. (99-256) Resolution No. 13108, "Authorizing the Public Works Department to Perform Construction Work at the City Skatepark pursuant to Section 3-15 of the Alameda City Charter." Adopted. Katie McAvoy, HOME Project, invited the City Council to attend a festival celebrating the Skate Park construction on June 6, 1999 from 12:00 p.m. to 6:00 p.m. at the new City View Skatepark; stated there will be bands, booths, food and the event will be fun. Mayor Appezzato requested staff to make a presentation on the construction work at the Skate Park. The Public Works Director responded Council is being asked to consider allowing Public Works Department staff to finalize construction of the Skateboard Park, stated there was a tremendous community effort to construct the Park; approximately 85% of the entire Park - and 95% of the skateboard portion was completed; Council approval will allow the Public Works Department staff to put on the finishing touches. Mayor Appezzato complimented the Public Works Director, Acting City Manager, and all City departments, e.g. Police, Fire, Public Works and Recreation, for working on the skateboard park. Councilmember Kerr requested the Public Works Director to review the landscaping schedule. The Public Works Director responded the last concrete work will be completed tomorrow; the Recreation and Park Department hopes to complete landscaping in the concrete planting boxes at the front of the park first; the sloped area on north and west sides will have topsoil with landscaping; volunteers could be used to assist with the landscaping. Councilmember Kerr requested the Public Works Director to provide Special Meeting Alameda City Council June 1, 1999