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1997-04-15 MinutesMINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY, APRIL 15, 1997, 6:50 P.M. Mayor Appezzato called the meeting to order at 6:50 p.m. ROLL CALL - PRESENT: Councilmembers Daysog, Kerr, Lucas, Vice Mayor DeWitt and Mayor Appezzato - 5. ABSENT: None. Mayor Appezzato adjourned the meeting to Closed Session to address the following: (97-192) CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9. Number of Cases: Two (97-193) CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: Personnel Director and Austris Rungis Employee Organization: International Association of Firefighters, Local #689 IAFF. Following the Closed Session, Mayor Appezzato announced regarding Initiation of Litigation, that Council gave instructions on two cases to the City Attorney; regarding Conference with Labor Negotiator, Council gave instructions to the City Negotiator and no action was taken. There being no further business before the City Council, Mayor Appezzato adjourned the Special Meeting. Respectfully submitted, ane B. Felsch, CMC City Clerk The Agenda for this meeting was posted in accordance with the Brown Act. Minutes of the Special City Council Meeting April 15, 1997 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY, April 15, 1997, 7:30 P.M. The meeting was called to order at 7:35 p.m. with Mayor Appezzato presiding. ROLL CALL - PRESENT: Councilmembers Daysog, Kerr, Lucas, Vice Mayor DeWitt and Mayor Appezzato - 5. ABSENT: None. Mayor Appezzato announced that Proclamations would be taken out of order and addressed before the Consent Calendar and the Community Improvement Commission Meeting. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY (97-194) Proclamation Declaring Tuesday, April 15, 1997, as "St. Joseph Notre Dame Basketball Day." The Mayor read the Proclamation, and City Councilmembers presented the Certificates of Achievement to the Members of the Team. David Tuschen, representative of Assemblyman Perata's Office, presented Certificates of Recognition to the Team and Coach LaPorte. David Brown, representative of the County Board of Supervisors' Office, read a Resolution commending the Team and Coach for their tremendous season and work. (97-195) Proclamation Honoring Coach Frank LaPorte for his years of service to young adults through coaching basketball. The Mayor read the Proclamation and presented it to Coach LaPorte. * * * Mayor Appezzato called a recess at 7:55 p.m. and convened the Community Improvement Commission Special Meeting. Mayor Appezzato reconvened the Regular Council Meeting at 9:58 p.m. *** CONSENT CALENDAR Mayor Appezzato announced that certain items were withdrawn from the Consent Calendar for discussion. Minutes of the Regular Council Meeting April 15, 1997 Councilmember Lucas moved approval of the remainder of the Consent Calendar. [Item so enacted or adopted are indicated by an asterisk.] (*97-196) Minutes of the Regular Council Meeting of March 18, 1997 and Special Council Meeting of April 1, 1997. Approved. (*97-197) Report from Chair, Fourth of July Parade Committee, requesting authorization to conduct the 22nd Annual 4th of July Parade. Accepted. (97-198) Report from Community Development Director recommending authorization for Commercial Recruiter to attend the International Council of Shopping Centers Annual Conference, Las Vegas, Nevada. Accepted. Councilmember Lucas stated that she doubts the value of attending the International Council of Shopping Centers Annual Conferences. The Community Development Director stated that such conferences are industrial events for commercial brokers, individual site locators from stores are in attendance to talk with brokers, and the Commercial Recruiter's attendance would benefit the historic business districts. Mayor Appezzato stated a brief report on the Conference should be provided by the Commercial Recruiter upon his return. Councilmember Lucas moved approval of the staff recommendation. Councilmember Day og seconded the motion, which carried unanimous voice vote - 5. (97-199) Report from Community Development Director recommending approval of correspondence opposing AB 923 requiring the dissolution of redevelopment agencies. Accepted. Don Bergen, Alameda, stated that Webster Street could have been fixed up with a coalition of property owners, proprietors and local real estate companies; and there should be less government in our lives. Vice Mayor DeWitt stated that redevelopment areas provide a tax base for communities, and moved approval of the staff recommendation. Councilmember Kerr seconded the motion. Under discussion, Councilmember Lucas stated that staff should refer to current bills in order to submit accurate information. Minutes of the Regular Council Meeting April 15, 1997 On the call for the question, the motion carried by unanimous voice vote - 5. (97 -200) Quarterly Report from Community Development Director on West Alameda Target Area activities. Accepted. Mayor Appezzato noted that he may have mistakenly pulled this agenda item from the Consent Calendar. Councilmember Lucas moved acceptance of the Quarterly Report. Councilmember Kerr seconded the motion, which carried by unanimous voice vote 5. ( *97 -201) Report from Finance Director recommending authorization for the City Manager to execute a contract with Municipal Resource Consultants (MRC) to determine if there is a surplus in the City's Employer Account with PERS. Accepted. ( *97 -202) Report from Public Works Director recommending adoption of Plans and Specifications and calling for bids for pruning trees within the City of Alameda for the Fiscal Year ending June 30, 1998, No. P.W. 03- 97 -06. Accepted. ( *97 -203) Report from Public Works Director recommending adoption of Plans and Specifications and calling for bids for landscape maintenance of median strips and special areas for the Fiscal Year ending June 30, 1998, No. P.W. 03- 97 -05. Accepted. (97 -204) Report from Public Works Director recommending Purchase Agreements between the City of Alameda and various vendors for new modular partitions and office furniture for Alameda City Hall and authorization for City Manager to execute necessary Purchase Orders. Accepted. Councilmember Daysog inquired why the City needs to purchase new furniture for the renovated City Hall. The Public Works Director responded that the refurbished City Hall will have large open spaces for work stations in the interior areas to provide flexibility; the architect and consultants have worked closely to arrive at the most efficient design; and it is the appropriate time to renew the furniture. The City Manager stated that a lot of the current furniture will be reused at satellite work sites. Councilmember Daysog stated that he has great concern about the $400,000 expenditure for office furniture, and he believes that the City can manage with the current furniture arrangements. Minutes of the Regular Council Meeting April 15, 1997 In response to Councilmember Kerr comments regarding the lack of telephone privacy in the City Council offices, the Public Works Director stated that the issue of privacy would be addressed at the refurbished City Hall. Councilmember Lucas stated that she concurred with Councilmember Kerr's comment, and moved approval of the staff recommendation. Vice Mayor DeWitt seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Kerr, Lucas, Vice Chair DeWitt and President Appezzato - 4. Noes: Councilmember Daysog - 1. (97-205) Resolution No. 12868 "Authorizing Application for 1997-98 Transportation Development Act (TDA) Funds for Pedestrian/Bicycle Projects." Adopted. Don Roberts, Alameda, stated that East Bay Regional Park District should have done something about the dirt path that parallels Westline Drive from Washington Park to Otis Drive, and he commends the Public Works Director for continuing to pursue this project and getting tax money back from the TDA. Councilmember Lucas moved approval of the staff recommendation. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. (*97-206) Ratified bills in the amount of $1,721,970.89. Approved. REGULAR AGENDA ITEMS (97-207) Report from President, Planning Board, recommending Council accept report on the Board's role in the planning process for reuse of the Naval Air Station, Alameda (NAS). Councilmember Kerr stated that she is glad the Board views long- term planning as one of their jobs. President Appezzato stated that the Planning Board provides a very valuable service. In response to Councilmember Kerr's inquiry whether the Planning Board has anyone on the Base Reuse Advisory Committee, the President of the Planning Board stated that Board Member Beverly Johnson would be attending the next Committee meeting. Councilmember Kerr moved acceptance of the report. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. Minutes cf the Regular Council Meeting April 15, 1997 (97-208) Report from Community Development Director recommending adoption of Amendment to CDBG Consolidated Plan and FY 1996-97 Action Plan; FY 1997-98 Action Plan; and Authorization for execution of HUD documents, City Grant Modifications and Agreements and related documents. Don Bergen, Alameda, stated that there is no free lunch in America anymore; there is a growing deficit. Lois Workman, Social Service Human Relations Board, stated the Board would have a system in place next year to review projects in detail; and that the Board reviewed the current projects and found that everything proposed for Block Grants fits with the Board's goals and priorities. In response to Councilmember Lucas's inquiry regarding Sentinel Fair Housing publishing their telephone number in the telephone directory, the Community Development Director stated that staff would require it as a condition of the grant agreement. Councilmember Kerr stated that one of the most effective organizations is the City's Rent Review Advisory Committee, the Committee has almost a 97% compliance rate and is far more effective than Sentinel; that she is going to question the $20,000 going to Sentinel in light of the fact that the Food Bank was funded for over $4,000 last year, and being cut to $2,500; and if she was going to rearrange the budget, she would take some money from Sentinel and give it to the Food Bank. Councilmember Daysog stated the City should ensure that outside Alameda CDBG-funded services provide equal value in service and demonstrate outcomes, that each outside service should partner with a local agency, and that one Alameda resident serve on each Board. He further stated that said criteria, if accepted by Council, should not be applied until next year, and the Social Service Human Relations Board address the matter. Councilmember Kerr moved that Council approve the staff recommendation, however, deduct $5,000 from Sentinel's budget and add it to the Food Bank's budget. Councilmember Lucas seconded the motion. Under discussion, Mayor Appezzato stated that Council should be informed of the impacts and the matter should be delayed. Councilmember Kerr agreed. Vice Mayor DeWitt stated he is opposed to taking money away from Sentinel Fair Housing; Sentinel Fair Housing has been attacked Minutes of the Regular Council Meeting April 15, 1997 every year; Sentinel has the mission of investigating discrimination charges and other problems and should continue doing its job. Councilmember Kerr stated that the Rent Review Advisory Committee (RRAC) has been doing an outstanding job and could be made even more effective; and RRAC has expertise and is under recognized. Councilmember Lucas stated that Councilmember Kerr's motion was not to totally defund [Sentinal Fair Housing], but to add to the funding for the Food Bank; that her choice [Lucas] is to increase the Food Bank's funding because its budget was severely cut. Councilmember Daysog inquired whether $5,000 could be cut from General Administration. The Community Development Director stated that staff would report back in August or September on reprogramming; the Food Bank would be prioritized in September or October for additional funding, because of the timing when their insurance bill is due; there is another source of funds, however, the exact amount of funds would not be known until June 30; and if changes are to be made now, staff should discuss impacts with Sentinal Fair Housing and report back to Council. Vice Mayor DeWitt noted that Sentinal Fair Housing's budget was reduced by $2,000. Councilmember Daysog stated that he would like a full impact study. Councilmember Kerr offered an amendment to her motion: that Council delay the matter until an impact report is received from staff. Councilmember Lucas agreed to said amendment. Councilmember Daysog requested that the motion include sending the matter to the Social Service Human Relations Board. Councilmembers Kerr and Lucas agreed to Daysog's amendment. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Daysog, Kerr, Lucas and President Appezzato - 4. Noes: Vice Mayor DeWitt - 1. (97 -209) Report from Public Works Director recommending award of contract in the amount of $327,865 to Lone Star Landscape, Inc. for Construction of Playground Improvements at Krusi Park, No. P.W. 08- 95 -16. William McCall, Sr., Alameda, stated that no one seems to care Minutes of the Regular Council Meeting April 15, 1997 about the area from Mound Street to Bay Farm Island Bridge; residents have lived with the condition [due to contract work on improvements] for one and one -half years; a resident's house has dropped in value - -the house is cracked; the proposed contract does not include a landscape rendering or a recreation building; and the neighbors deserve to know what the Park is going to look like. The Assistant City Manager explained that a community meeting was held with the East Bay Municipal Utility District [EBMUD], at which a landscape project was addressed; copies of the landscape plan could be made available again; that the matter before Council is the construction of playground equipment; EBMUD offered to video tape houses before and during construction; if there was evidence of cracking, EBMUD had committed to rectify said problems; and that staff would contact EBMUD regarding the aforementioned home [see McCall's comment]. The Assistant City Manager further stated that there were plans to build a recreation building, however, bids came over budget; and the City is proceeding with the playground equipment so that Krusi Park can be open in the summer. Councilmember Daysog stated that it should be determined whether EBMUD kept records of homeowners approached in the area regarding video taping and damages. In response to Vice Mayor DeWitt's inquiry, the Assistant City Manager stated that the landscaping plans would be made available at the Town Hall Meeting. Councilmember Kerr stated that the roads in the area are unexcusably rough, and construction debris has been dumped in the street; and she hopes that the matter of a recreation building will be brought up at the Town Hall Meeting. Mayor Appezzato suggested that a Town Hall Meeting be held at the School again, that EBMUD should be in attendance, and the matter of claims addressed. The Assistant City Manager noted that City Manager Flint noticed the uneven pavement in the area and requested the Public Works Department to work closely with EBMUD on the matter. Councilmember Lucas stated that she has received complaints regarding the long hours of construction, and requested a staff report on the matter. The Assistant City Manager stated that there had been emergency situation(s), the road had to be clear of commute traffic and construction work extended into the early morning, and it happened on only a couple of occasions. The Mayor stated that the staff should do their best to keep the Minutes of the Regular Council Meeting April 15, 1997 neighbors notified. In response response to President Appezzato, the Public Works Director stated that a report would be provided on future sewer projects and public notification would commence early. President Appezzato requested a status report on Tilden Way. Vice Mayor DeWitt moved approval of the staff recommendation. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. (97-210) Written communication form Wayne T. Pearce, Alameda, urging the City Council to Support SB 521 banning the use of Methyl Tertiary Butyl Ether (MTBE) in California. Don Roberts, Alameda, stated that the Environmental Protection Agency did not make proper studies of the dangerous chemical MTBE, and urged Council to support SB 521. Don Bergen, Alameda, stated that he wanted to thank Wayne Pearce for writing the letter, and he would like Alameda to take a lead in Alameda County and follow the matter closely. Gerhard Degemann, Alameda, stated that he hopes the Council will support the Senate Bill, MTBE has damaged automobiles, and refineries have increased gas prices because the State will abandon MTBE and new equipment will be required. Councilmember Kerr moved that Council allow the Mayor to send a letter on behalf of the City Council in support of SB 521. Vice Mayor DeWitt seconded the motion. Councilmember Kerr stated that they should not encourage the use of any chemical that does what ,MTBE is doing to the environment. Councilmember Daysog stated that he needs more information in regards to MTBE and a fuller discussion on the matter. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Kerr, Lucas, Vice Mayor DeWitt and President Appezzato - 4. Noes: - Councilmember Daysog - 1. (97-211) Final Passage of Ordinance No. 2737, N.S. "Amending the Alameda Municipal Code by Amending Section 13-25.1(b) of Article VIII (Numbering of Buildings), Chapter XIII (Building and Housing) and Adding Section 13-25.1(f) to Provide New Policies and Procedures for Numbering Avenues and Courts Running in the Easterly and Westerly Direction West of Main Street. (Urgency Measure) Minutes of the Regular Council Meeting April 15, 1997 166 Finally adopted. Vice Mayor DeWitt moved final passage of the Ordinance. Councilmember Kerr seconded the motion, which carried by unanimous voice vote. 5. ORAL COMMUNICATIONS (97-212) Neil P. Sweeney, Alameda, stated the Internet should be used to provide information on businesses and residential/commercial properties for rent or sale. Mr. Sweeney further stated that volunteer fairs should be held twice a year to recruit volunteers. (97-213) Don Bergen, Alameda, stated that he would like a report on the Midway Shelter, including how many Alameda residents are being served and how may residents are from out of Alameda; he has problems with paying huge amounts of money to run Community Development to bring people in from out of town; our main responsibility is to the people of Alameda; and he estimates the cost so far to be over the half million dollar mark. (97-214) The following persons addressed the City Council on the matter of shooting animals [homeless cats] at the Naval Air Station: [The Mayor stated that there is a lot of misinformation, and the misinformation will be corrected in due course.] Gesine Lohr, Alameda Jan Van Dusen Pat Smyklo Joe DiDonato William Smith, Sierra Club Merry Bates, Alameda Island Cat Rescue Assn. Diane McDermott, Voices for Pets Marc Samberg, Pets Are Us Rescue & Renegade Services Mary Schaefer, Friends of the Alameda Wildlife Refuge Leora Feeney Doug Pomeroy, U.S. Navy Leroy Moyer, Voices for Pets, Walnut Creek Pat Maginnis, Pets Are Us Rescue & Renegade Services Karolyn Lount, Alameda Corinne Stefanick, Friends of the Alameda Wildlife Refuge. COUNCIL COMMUNICATIONS (97-215) President Appezzato stated the matter regarding the shooting of animals at the NAS should be agendized, and all agencies included. Minutes cf the Regular Council Meeting April 15, 1997 167 The City Manager stated that there would be preliminary hearings before the matter is brought to Council. Councilmember Kerr stated that she concurred with the City Manager regarding preliminary hearings, and in spite of the emotion involved and long conversation, she has found there is an enormous amount of common ground. (97-216) President Appezzato stated that he has selected two individuals to be on the Amnesty Program, it is moving along, and he is working on the Committee for Homeownership; if Council has any individuals, please contact him. (97-217) President Appezzato stated that the City has just cut a ribbon at 2103 Lincoln Avenue: five units which use to be blighted; it is a beautiful rehabilitation of a corner; and two apartments have already been rented. (97-218) President Appezzato stated that Nelson Marine launched its first boat this week; they have 30 employees and hope to go to 50 employees; they are doing super; the Maritime Administration Lease was signed yesterday; the Trident Group [agreement], who will be hopefully running our Port services, should be signed shortly; Tower Air the same thing; and we have our own fleet and tugboat to be used to service the piers. (97-219) Councilmember Lucas stated that Council will be requested to support the Alameda Historical Museum; the City has also supported the Civic Light Opera with funds; she suggests a policy on funding for City cultural organizations be established; she has received an impressive letter from resident Jean Eichelberger, who has worked on funding in other cities, and she will provide Eichelberger's suggestions to the City Manager; the matter should be agendized. (97-220) Councilmember Kerr stated that a policy on funding of cultural organizations is long over due, and Eichelberger's suggestion is a sensible balance approach to it. (97-221) Councilmember Kerr stated regarding the Homeownership Program, that she would like to suggest some people; that she sent out a memo on other cities' homeownership programs; some of the programs contacted local representatives of the national organizations that are partners in the National Homeownership Partnership; they found they tapped a great source of expertise, and should be incorporated into our program. The Mayor stated that when Council appoints the Committee, they can give them guidance along those lines. Councilmember Kerr stated that they have actually given their pros Minutes of the Regular Council Meeting April 15, 1997 voting power. (97-222) Councilmember Kerr stated that there has been about a year's activity on a Homeless Continuum Program that has been going on in the County; she happened to see it in an activity report; she was concerned and requested a copy of the full report, and received 142 pages; she is concerned that they are referring to funding for the program in terms of assessment districts, property taxes and other things that Council should be fully informed about; and also, a staff letter was sent to this County organization recently stating that we support it; she would like to know who we is; in other words, she would like to see the matter on the agenda before it multiplies; maybe it will get a majority vote on the Council to continue, but every time you talk about establishing assessment districts and taxation powers, she believes everyone is interested. ADJOURNMENT Mayor Appezzato adjourned the Council Meeting at 12:05 a.m. Respectfully submitted, Diane B. Felsch, CMC City Clerk The Agenda for this meeting was posted in advance in accordance with the Brown Act. Minutes of the Regular Council Meeting April 15, 1997