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1999-11-02 Special and Regular CC MinutesMINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -NOVEMBER 2, 1999- -7:00 P.M. Mayor Appezzato convened the Special Meeting at 7:05 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: (99-542) Conference with Labor Negotiator; Agency Negotiator: Austris Rungis and Human Resources Director; Employee Organizations: Alameda Police Officers Association, Alameda Municipal Fire Management Association, . and International Association of Firefighters Local #689. (99-543) 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 Conference with Labor Negotiator, the Council obtained a briefing from the City's Labor Negotiator; and regarding Conference with Real -Property Negotiator, Council obtained a briefing from Real Property Negotiators and gave instructions to the City's Real Property Negotiators. Adjournment There being no further business before the City Council, Mayor Appezzato adjourned the Special Meeting at 7:30 p.m. Respectfully submitted, APLL ane B. Felsch, CMC City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council November 2, 1999 MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -NOVEMBER 2, 1999- -7:30 P.M. Mayor Appezzato convened the Regular Meeting at 7:52 Councilmember DeWitt led the Pledge of Allegiance. Reverend Buckley, First Presbyterian Church, gave the Invocation. ROLL CALL - Present: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. p.m. Jack Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS None. CONSENT CALENDAR Mayor Appezzato announced the recommendation regarding purchase of Three-Wheel Mechanical Street Sweeper [paragraph no. 99-547]; recommendation to authorize execution of Contract for Delivery of an Advanced Life Support System [paragraph no. 99-548]; resolution commending Elizabeth Kingsley_for Years of Service [paragraph no. 99-552]; and the resolution adopting the City of Alameda Deficiency Plan for State Route 260 to 1-880 [paragraph no. 99-553] were removed from the Consent Calender for discussion. Councilmember DeWitt moved approval of the remainder of the Consent Calender. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*99-544) Minutes of the Special and Regular City Council Meetings held on October 19, 1999. Approved. (*99-545) Recommendation to appropriate extended Cooperative Agreement Funding between the City of Alameda and the U.S. Navy. Accepted. (*99-546) Recommendation to accept the work of J.W. Riley & Son, Inc. for Fiscal Year 1998-99 Sidewalk Repair and Replacement Regular Meeting Alameda City Council November 2, 1999 Program, No. P.W. 05-98-11. Accepted. (99-547) Recommendation to approve purchase of One (1) Elgin Pelican Three-Wheel Mechanical Street Sweeper with High Dump in Accordance with Section 2-61.7 of the Alameda Municipal Code. Richard Neveln, Alameda, stated the City has three-wheeled sweepers which need maintenance or adjustment; welfare to work street sweeping could be used as an alternative; on Park Avenue near Encinal Avenue, the current street sweeper picks up virtually none of the leaves on the street; urged the City Manager to review the matter; further stated driving the sweeper around without it sweeping the street is not a good value. Mayor Appezzato requested the City Manager to look into the matter. Councilmember Kerr moved approval of the staff recommendation. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. (99-548) Recommendation to authorize the City Manager to execute a Contract between the City of Alameda and Alameda County Concerning the Delivery of an Advanced Life Support System. Councilmember Kerr stated negotiations were lengthy; when the Finance Director outlined budget challenges in 1997, the County's demand to have the City become part of their system was one of the biggest challenges; the Fire Department's talented negotiations showed great skill; the agreement allows City services to remain; the City: 1) will pay trauma fees and some other fees; 2) maintain its arrival time; and 3) acquire advance training; negotiations have been long and hard, however, the result is the City will have better services and be out of a severe financial challenge. Councilmember Johnson moved approval of staff recommendation. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. (*99-549) Resolution No. 13152, "Approving Revised Memorandum of Understanding between the International Association of Firefighters Local #689 and the City of Alameda for the Period Commencing August 29, 1999 and Ending December 31, 2002." Adopted (*99-550) Resolution No 13153, "Approving Revised Memorandum of Understanding Between the Alameda Municipal Fire Management Association and the City of Alameda for the Period Commencing August 31, 1999 and Ending December 31, 2003." Adopted. (*99-551) Resolution No. 13154, "Approving Revised Memorandum of Regular Meeting Alameda City Council November 2, 1999 Understanding and Salary Resolution between the Alameda Police Officers Association and the City of Alameda for the Period Commencing October 10, 1999 and Ending December 31, 2002." Approved. (99-552) Resolution No. 13155, "Commending E izebeth Kingsley for Years of Service to the City of Alameda as Human Resources Director." Adopted. Mayor Appezzato read the Resolution to Ms. Kingsley. Councilmember Kerr moved adoption of the Resolution. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. Councilmember DeWitt thanked Ms. Kingsley for her work on the Martin Luther King Day programs. (99-553) Resolution No. 13156, "Adopting the City of Alameda Deficiency Plan for State Route 260 (Posey Tube) to 1-880." Adopted. Councilmember Kerr stated traffic exiting the Tube [in Oakland] is slowed by two stop lights at 7th- and 8th Streets; there are two problems with turning left onto 8th Street from Harrison Street: 1) pedestrian traffic is constant on the western side of Harrison Street across 8th Street; and 2) double parking; before moving forward, the City of Oakland's cooperation should be requested; another concern is the proposed barrier along 7th Street; allowing traffic to weave helps the flow of traffic. The Deputy Public Works Director stated the [proposed] barrier would only segregate the furthest right-turn lane; traffic will be able to weave into the outside right-turn lane; the intersection of 8th Street and Harrison Street is not a part of the deficient segment and is not part of the Congestion Management Program route; the matter could be addressed separately from the Deficiency Plan; staff would be happy to work with the City of Oakland regarding areas congested by double parking and pedestrian activity. Councilmember Kerr stated traffic backs up in Chinatown more than it does turning right and heading south. The Deputy Public Works Director stated the legislation was written identifying routes of regional significance; the segment is considered a route of regional significance because it provides access to the freeway; north of 7th Street does not go to a freeway or a designated State route. Councilmember Kerr stated a lot of people do not take the [freeway] Regular Meeting Alameda City Council November 2, 1999 entrance which combines with the Broadway off-ramp; people take 7th Street northbound and enter the freeway at the 7th Street on-ramp, which is a very easy way to head for the Bay Bridge. Mayor Appezzato suggested the matter [congestion at 8th Street and Harrison Street] be addressed with the Deputy Public Works Director's counterpart in the City of Oakland. Councilmember Kerr stated there is no point in spending money to facilitate right-hand traffic if left-hand traffic continues to be blocked exiting the Tube. Vice Mayor Daysog stated the pedestrian traffic and double parking are part of the excitement and uniqueness of Oakland's Chinatown. Councilmember DeWitt moved adoption of the Resolution. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. (*99-554) Ratified bills in the amount of $1,743,650.38. REGULAR AGENDA ITEMS (99-555) Ordinance No. 2817, "Notice of Intent to Exercise Option to Purchase Alameda Belt Line Railroad." Finally passed. Councilmember Johnson moved final passage of the Ordinance. Vice Mayor Daysog seconded the motion, which carried by unanimous voice vote - 5. (99-556) Written Communication from Friends of the Alameda Free Library requesting the City Council to support the construction of a new main library, improve neighborhood libraries in the West End and Bay Farm Island, and improve the collections and services. Mayor Appezzato stated the Friends of the Alameda Free Library wrote to the City Council to seek support of the vision for library services in Alameda. Marilyn Ezzy Ashcraft, Alameda, stated the Library Bond matter will be Proposition 14 on the March, 2000 Ballot; there is still a lot of work to be done; after ten years of trying, the State legislature approved placement of a $350 Million Library Construction Bond on the March Ballot; the Proposition only needs to pass by 50% plus one vote; if it passes, qualifying communities could apply and be awarded a grant of 65% the cost of constructing a new library. Councilmember Johnson moved approval of the staff recommendation Regular Meeting Alameda City Council November 2, 1999 [that the Council support the Vision created by the Friends of the Alameda Free Library, the Alameda Library Foundation and Library 2000]. Vice Mayor Daysog seconded the motion. Under discussion, Councilmember DeWitt stated the communication the Council is endorsing is for a new library and does not specify where the new library would be; after Proposition 14 is passed, the City can discuss the library's location; that he strongly supports the new library. Councilmember Kerr stated more library space is needed; that she hopes the Library Bond issue passes; if the City's financial status changes through the State Bond issue or through a miraculous windfall from the sale of the [Alameda] Belt Line Property or some other General Fund improvement, she would be happy to support the matter; nothing has changed since Measure C [March, 1996] [Shall an Ordinance be adopted forming a citywide assessment district to provide funds to build a new main library and seismically upgrade the Carnegie Building for use as a museum or other public purpose through the levy of an annual assessment that shall not exceed $68.50 on residential properties and a proportionate annual assessment on non-residential properties for up to 30 years?]; 400 people were polled, however, over 16,000 people went to the polls [in 1996]; nothing has changed for the City financially; the visioning process involved groups which all support building a new main library; a general community visioning process was not used; not inviting and encouraging the opinions from both sides of Measure C [March, 1996] was a mistake; elections will not be successful unless everybody is involved; if the City is going to get by the shortage of library space, the entire community needs to be involved; that she would like to see: 1) a visioning process which involved everybody in the community, not just people advocating building a new library; and 2) [Council] wait to vote on construction of a new library when there is an improvement in the City's ability to get the money, further stated there is no question that improvements in the library system are needed; that she will not support the matter until there is change in the City's financial situation or a visioning process involves the whole community. Councilmember Johnson inquired whether the State Library Bond Measure will include funding for collections, to which the Library Director responded in the negative. Councilmember Johnson requested an Off Agenda Report on the status i of the library collection, including funding issues and what is needed to improve the City's collection; further stated there has been a lot of focus on the library facility and not a great deal of focus on what is contained in the library. Regular Meeting Alameda City Council November 2, 1999 Carl Halpern, Library 2000, stated a provision in Proposition 14 requires that applications include a broad needs assessment; said assessment would go out to different parts of the community and be a good opportunity to get a much broader sense of the community's needs; due to the Governors emphasis on education, there is discussion of cooperation with School Districts to address the needs of school children in the application. Mayor Appezzato noted Proposition 14 will be funded by the taxpayers. Councilmember Kerr stated Alameda has been paying for past State Library Bond issues and has never successfully put in an application; Alameda is highly overdue to strike it rich and get a successful application approved; that she will vote for Proposition 14 and supports the concept of Statewide support for libraries. Mayor Appezzato stated the City of Alameda might have to go to the voters for additional funds to make up the difference. Vice Mayor Daysog stated the process has been a very inclusive process, brought people together and the message got out through local newspapers; that he is comfortable with the inclusiveness and expansiveness; both Proposition 14 and any local initiative to supplement funds will require getting the public involved. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Daysog, DeWitt, Johnson and Mayor Appezzato - 4. Noes: Councilmember Kerr - 1. ORAL COMMUNICATIONS, NON- AGENDA (99 -557) Randy Phillips, Alameda, stated there was an article in the November 1, 1999 San Francisco Chronicle newspaper on gaps in the coverage areas of wireless companies; several Alamedans submitted information for the article which identifies the City of Alameda as one of the worst cities in the Bay Area for spotty coverage; requested the City to work with wireless providers to overcome obstacles to improve coverage for mobile phones and other wireless devices in Alameda; stated soon home phone service will use wireless technology. In response to Councilmember Johnson inquiry, Mr. Phillips stated [wireless] calls fail because there are not enough antennas. The City Manager stated there is a [cell] site at the Golf Course and negotiations are underway regarding another site. Councilmember Kerr inquired whether space [for cellular enhancement] is rented on top of the Police Department, to which Regular Meeting Alameda City Council November 2, 1999 the City Manager responded in the affirmative. The City Attorney stated the City Manager has directed staff to draft a Citywide ordinance which would enable the City Manager to negotiate specific sites on City buildings. (99 -558) Linda Larkin, Alameda, stated Ken Guteleben purchased the vacant lot east of her business last year and began dumping old cement, which was probably contaminated; the EPA informed her most cement - harding agents contain contaminants; bricks, rusted rebar, and rotten wood, which probably was contaminated with lead, has been dumped also; after the property was transferred, two men had a generator cranked up and a boom box blasting; she requested the noise be stopped and the men responded they would do what they want; she checked with Planning to determine permitted uses and learned the activities are not permitted in unenclosed areas; Planning explained Code Enforcement probably could not get anything done and suggested she call Police; the Police Officer informed her even if the next door neighbor were creating the problem in a residential area, nothing could be done; she was told to contact the Code Enforcement Officer who stated she should not bother staff because the area is commercial and illegal dumping is not wanted in other areas; further stated that she spoke with Mr. _Guteleben and offered her electricity to substitute for the generator; Mr. Guteleben informed her a building would be constructed before the end of the year; a few weeks ago, there were noxious odors, she called Mr. Guteleben and he stated he would not stop work; she made a complaint with the Planning Department and staff is working on the, matter at this time, according to staff, the non - conforming use might be legal; however, the lot was not used for anything except parking during the past five years, no use could be,grandfathered; that she was informed it would be her word against Mr. Guteleben regarding previous use; dump tucks were not being used on the property before; the area is a mixed use area; there are fifteen residential units on both sides of the street; dust settles in her office everyday; code enforcement is very important; two illegal signs have been up for fifteen years. Mayor Appezzato requested the City Manager to look into each and every one [of Ms. Larkin's complaints] and follow through the staff process; stated there is no reason to pass the buck; further requested the City Manager to report back to Council, have someone contact Ms. Larkin to get details, and stop illegal activities, if there are any. Councilmember Kerr requested the City Manager to have staff furnish Ms. Larkin with lead testing kits to check the quality of the dust settling in her office. (99 -559) Richard Neveln, Alameda, stated AC Transit representatives will make a presentation at the Public Transit Regular Meeting Alameda City Council November 2, 1999 Committee meeting tomorrow; there is a Metropolitan Transportation Commission (MTC) and Congestion Management Agency (CMA) workshop on Monday, November 8th; there is a great deal of funding earmarked for BART and high speed rail construction, however, buses which connect to high speed rail are left out; bigger parking lots cannot continue to be built; urged people to attend the Public Transit Committee meeting and the MTC /CMA workshop. COUNCIL COMMUNICATIONS (99 -560) Mayor Appezzato requested the City Manager to investigate the matter of construction work at the 2000 Versailles Avenue vacant lot. The City Manager stated staff has reviewed the matter and will report to Council. Mayor Appezzato further requested the concerned citizens be contacted. (99 -561) Councilmember Kerr stated during the first ten years she lived in Alameda, she was impressed by the Planning Board membership, that she was particularly impressed by the quality of the women on the Board, e.g. Ina Ratto, Rosalie McPherson, Amey Stone, Olga D'Amante, Joan Narahara, all were thoughtful, intelligent and courageous women, there was more than one woman on the Board at a time, there were even three women serving at one time, [women] took a good, hard look at the Harbor Bay Isle development and demanded and got more park- and school space, there is a vacancy on the Planning Board, encouraged women to apply, further stated that she hopes thoughtful, courageous women could be considered by Council for appointment to the Planning Board, currently, there is only one woman on the Board.' (99 -562) Councilmember Johnson stated the Port of Oakland had a seminar on employment opportunities, suggested the City of Alameda put on a community workshop for local businesses doing business with the City; there are opportunities for local businesses to work with the City, however, many business owners do not know how to go about it The City Manager stated the City currently does business with scores of local businesses, a workshop can be conducted, those interested can attend to learn how to do business with the City. (99 -563) Vice Mayor Daysog noted there is concern regarding a business on the West End called The Whole Shabang, stated the business provides cultural events; it would be a loss; Mr. Russi has probably been in contact with most elected officials. (99 -564) Mayor Appezzato stated that his responsibility, as Mayor, Regular Meeting Alameda City Council November 2, 1999 -:1 is to nominate people to Boards and Commissions; that he will nominate the most qualified person without regard to race, color, ethnic identity or gender. ADJOURNMENT There being no further business before the City Council, Mayor Appezzato adjourned the Regular Meeting at 8:51 p.m. R pectfully 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 November 2, 1999