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1997-09-16 MinutesSPECIAL JOINT MEETING OF THE CITY COUNCIL AND THE HOUSING AUTHORITY BOARD OF COMMISSIONERS TUESDAY- -SEPTEMBER 16, 1997- -6:50 P.M. Mayor Appezzato convened the Special Joint Meeting at 6:50 p.m. ROLL CALL - PRESENT: Councilmembers/Housing Authority Board of Commissioners Daysog, DeWitt, Kerr, Lucas, and Mayor/Chair Appezzato - 5. ABSENT: None, The Special Joint Meeting was adjourned to Closed Session to consider: (97-513) Conference with Labor Negotiator, Agency Negotiator: Personnel Director and Austris Rungis, Employee Organizations: Alameda City Employees Association (ACEA), Alameda Fire Managers Association (FMA), Alameda Management and Confidential Employees Association (MCEA), Alameda Police Managers Association (APMA), Alameda Police Officers Association (APOA), Appointed and Unrepresented Positions (City Manager, City, Attorney, City Clerk, Assistant City Manager, Personnel Director and Police Chief), International Association of Firefighters, Local #689 (IAFF), International Brotherhood of Electrical Workers Local #1245 (IBEW), Operating Engineers Local #3 (Housing Authority Miscellaneous Employees), United Public Employees Association #790 (Police Technicians-SEIU), Unrepresented Employees (Bureau of Electricity), Management, Supervisors, Professionals and Technicians, Unrepresented Housing Authority Management and Confidential Employees; and Conference with Legal Counsel, - Significant Exposure to Litigation pursuant to subdivision (b) of Section 54956.9, Number of Cases: One. Following the Closed Session, the Special Meeting was reconvened and the Mayor announced that regarding the Conference with Labor Negotiator the City Council/Housing Authority Board of Special Joint Meeting Alameda City Council and Housing Authority Board of Commissioners September 16, 1997 Commissioners gave instructions to the City's negotiator; and regarding Significant Exposure to Litigation instructions were given to the City Attorney/Legal Counsel. There being no further business before the City Council, Mayor Appezzato adjourned the meeting. Respectfully submitted, Di ne B. Fe sch, CMC City Clerk The public notice for this meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda City Council and Housing Authority Hoard ot Commissioners September 16, 1997 gift MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUESDAY- - -SEPTEMBER 16, 1997- - -7:30 P.M. Following a Special Community Improvement Commission Meeting, Mayor Appezzato called the Council Meeting to order at 8:05 p.m. Vice Mayor DeWitt led the Pledge of Allegiance. Roll Call: Present: Councilmembers Daysog, Kerr, Lucas, Vice Mayor DeWitt and Mayor Appezzato - 5. Absent: None. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY (97-514) East Bay Regional Parks District presentation on the District's 1997 Master Plan. Douglas Siden, East Bay Regional Park District Board President and Ward 4 Director, reviewed the District's 1997 Master Plan, including various local programs, parks and trails. Mr. Siden presented copies of the Master Plan to the City Council. Sondra Cavender, Alamedans Interested in Reuse and Redevelopment, spoke in opposition of the proposed RV Park next to Encinal High School; stated interested residents have had difficulty receiving response and notification from EBRPD regarding said park. Kurt Peterson, Alamedans Interested in Reuse and Redevelopment (AIRR), stated AIRR presented Mr. Siden with various alternatives to the proposed RV Park, however, no response has been received; and that AIRR would like a response to its concerns. Genevieve Chesler, Alamedans Interested in Reuse and Redevelopment, stated that she opposes the RV Park; recreational vehicles will clog up streets and shopping areas of Alameda. Neil P. Sweeney, Alameda, shared his views on increased tourism. In response to Councilmember Daysog's inquiries regarding the Master Plan, Mr. Siden stated the proposal [for the RV Park] was still very fluid and the District was working with the Alameda Reuse and Redevelopment Authority; regarding an amphitheater, there was a possibility for one if desired by the City and ARRA; and regarding citizen participation and communication, he would speak with the District's General Manager. Councilmember Daysog stated there is no doubt that the City wants the District to continue to be a player in Alameda, particularly at Regular Meeting Alameda City Council September 16, 1997 the Base; and most people believe that a RV park would contravene that spirit; and there should be discussion on a RV park elsewhere on the Base. Councilmember Kerr stated the plan presented on July 2, 1997 was 70o asphalt; the irreplaceable shoreline should emphasize the wonderful asset that it is; uses which do not need a shoreline should be put elsewhere; and the District must keep the community and West End citizens informed. Mayor Appezzato stated the proposal for RV, storage at Harbor Bay was still in place, and is a requirement of the Harbor Bay Isle Master Plan. The City Manager stated EBRPD developments at Alameda Point will cost about $400,000 per year to maintain; staff is reviewing that cost now and will make a presentation to the City Council. The Planning Director stated staff has been working with representatives of Doric Development [Harbor Bay Isle]; RV storage is a requirement of the Development Agreement; the Project is proceeding. Mayor Appezzato stated the East Bay Regional Park District should keep the City well informed, and thanked Mr. Siden for the presentation. (97 -515) Presentation of Award by RIDES for Bay Area Commuters to the City of Alameda for Bike to Work Day Large Employer Competition. Carolyn Helmkey, RIDES, presented the award to Mayor Appezzato Mayor Appezzato accepted the award on behalf of the City. CONSENT CALENDAR Mayor Appezzato stated that the Minutes of the Special and Regular City Council Meetings [paragraph number 97 -516], and the Report on Measure B One -Half Cent Sales Tax [paragraph number 97 -523] were withdrawn from the Consent Calendar for discussion and the Report on the Cooperative Agreement between the City and the United States Navy was held over [paragraph number 97- 518]. Councilmember Lucas moved approval of the remainder of the Consent Calendar. Vice Mayor DeWitt seconded the motion, which carried by unanimous voice vote - 5. [Items so approved are indicated by an asterisk preceding the paragraph numbers.] Regular Meeting Alameda City Council September 16, 1997 312 (97-516) Minutes of the Special City Council Meetings held on August 25, and August 28, 1997 and the Special and Regular City Council Meetings held on September 2, 1997. Approved. Don Roberts, Alameda, stated no tape recording or notes were made of the public portion of the August 28th Special Council Meeting; the City Clerk was not present during the public portion of the meeting and the Minutes are based upon hearsay; the Brown Act was probably violated when he requested the Mayor to open the closed portion of the Meeting and the Mayor verbally attacked him and falsely stated that he used an offensive obscenity in the past to describe the Mayor; the Brown Act limits discussions by elected officials to items on the Agenda; the Minutes do not accurately describe what happened at the August 28th Meeting, and Council should have the Minutes corrected to reflect what occurred. Vice Mayor DeWitt moved approval of the Minutes [as submitted]. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. (*97-517) Report from Deputy City Manager, Alameda Point, requesting authorization to purchase a Telephone System for Alameda Point Facilities covered under the Cooperative Agreement. Accepted. (97-518) Report from Deputy City Manager, Alameda Point, recommending an extension with modifications of the Cooperative Agreement between the City and the United Stated Navy for a term from October 1, 1997 through September 30, 1998 and authorization for the City Manager to negotiate and execute modifications to the Cooperative Agreement. Held over. (*97-519) Report from Public Works Director recommending adoption of Plans, Specifications, and Estimates (PS&E), authorization to call for bids for Remodeling of Historic Alameda High School for Temporary Main Library, No. P.W. 03-97-04, and authorization for the City Manager to negotiate and execute an Amendment to the Architectural Services Agreement with Muller Caulfield, Inc. Accepted. (*97-520) Report from Public Works Director recommending adoption of Plans, Specifications, and Estimates (PS&E)and authorization to call for bids for Webster Street/Eighth Street Project, No. P.W. 07-97-16. Accepted. (*97-521) Report from Public Works Director recommending adoption of Plans, Specifications, and Estimates (PS&E)and authorization to call for bids for Atlantic Avenue Corridor Improvements Project, No. P.W. 07-97-17. Accepted. Regular Meeting Alameda City Council September 16, 1997 (*97-522) Report from Public Works Director recommending adoption of Plans, Specifications, and Estimates (PS&E)and authorization to call for bids for East End Signal Retiming and Equipment Upgrade, No. P.W. 07-97-18. Accepted. (97-523) Status Report from Public Works Director on Measure B One-Half (1/2) Cent Sales Tax Reauthorization Projects. Following the Public Works Director's review of the staff report, Mayor Appezzato stated that he sent a letter, as a member of the Regional Steering Committee, to the Chair, Mayor Green of Union City, requesting reconsideration of the Jackson Street Connector Project and consideration of operational maintenance of the three bridges in Alameda for a fifteen-year period; if approved, the City could receive $72 Million from Measure B Reauthorization. Mayor Appezzato further stated there is hope in the future that Alameda will continue to be a major player in the ferry business. The Public Works Director stated staff is very proud of the ferry service provided during the BART strike; in most cases, the number of passengers was four to five times greater than usual. Councilmember Kerr stated a Resolution commending the Blue and Gold Fleet for services rendered during the BART strike should be placed on the agenda. Mayor Appezzato stated the Harbor Bay Ferry Service should be commended also. Councilmember Lucas stated City staff should be thanked for their efforts during the BART strike, too. Mayor Appezzato requested the City Manager to thank City staff on behalf of the City Council. Councilmember Kerr moved acceptance of the report. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. (*97-524) Resolution No. 12928, "Supporting the Constitutional Initiative to Allow a Voter Option for Redistribution of Taxes to Local Government." [Mayor Appezzato] Adopted. (*97-525) Resolution No. 12929, "Authorizing Execution of Program Supplement No. 006 to the State-Local Transportation Partnership Program (SB 300) Agreement No. SLTPP-5014." Adopted. (*97-526) Introduction of Ordinance Amending the Alameda Municipal Code by Amending Subsection 2-46-4 (Office Hours) of Section 2-46 Regular Meeting Alameda City Council September 16, 1997 (Supervising Animal Control Officer) of Chapter II (Administration), and Repealing Chapter VII (Animal Control) in its Entirety and Replacing with a Revised Chapter VII (Animal Control). Introduced. (*97-527) Ratified bills in the amount of $1,683,742.38. REGULAR AGENDA ITEMS (97-528) Resolution No. 12930, "Reappointing Fred W. Leitz as a Member of the City Golf Commission." Adopted. Councilmember Lucas moved adoption of the Resolution. Vice Mayor DeWitt seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office and presented a Certificate of Appointment to Mr. Leitz. (97-529) Public Hearing to consider approval of a Parcel Map, PM 7119, to subdivide a parcel developed as an automobile repair/service facility (Winner Ford) and a manufacturing use (SKS Manufacturing) into two parcels. The parcel is located at 1849 Oak Street. Applicant: DeBolt Civil Engineering for Thomas Noakes; and Resolution No. 12931, "Approving Parcel Map, PM-7119, at 1849 Oak Street, for Debolt Engineering for Thomas Noakes." Adopted. Mayor Appezzato opened the public portion of the Hearing. There being no public speakers, Mayor Appezzato closed the public portion of the Hearing. Vice Mayor DeWitt moved acceptance of the Planning Board's recommendation for parcel division [and adoption of the Resolution]. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. (97-530) Public Hearing to consider a Mitigated Negative Declaration, IS-97-02, a finding of no significant impact with mitigations, pursuant to the California Environmental Quality Act; a General Plan Amendment, GPA-97-01, and a rezoning, R-97-03. The site includes 2020 Sherman Street, the adjacent Alameda Belt Line Railroad property, Berth 5 of Encinal Terminals bounded by the Oakland-Alameda Estuary on the north and Alaska Basin on the east, and other minor parcels. Applicant: Wind River Systems; and Resolution No. 12932, "Adopting Mitigated Negative Declaration,-IS- Regular Meeting Alameda City Council September 16, 1997 Q 97-02, for General Plan Amendment, GPA-97-01, Rezoning, R-97-03, Planned Development, PD-97-02, Design Review, DR-97-54, and a Disposition and Development Agreement, For a Proposal to be Located at 2020 Sherman (Northeast of the Corner of Buena Vista and Sherman/Atlantic Avenue)." Adopted. Resolution No. 12933, "Approving General Plan Amendment, GPA-97-01, Policies 2.8.B and 2.8.0 and Related General Plan Text and to Realign the Bay Trail by Amendment of the Parks and Open Space Designation of the General Plan Diagram for Properties Locates at 2020 Sherman Street, Encinal Terminals Berth 5." Adopted. Introduction of Ordinance Reclassifying and Rezoning Certain Properties within the City of Alameda by Amending Zoning Ordinance No. 1277, N.S. for that Property Located at 2020 Sherman Street. Introduced. Mayor Appezzato opened the public portion of the Hearing. Gary McAfee, Alameda, asked if the project was located in the redevelopment area along the shoreline. The Planning Director stated the Wind River project is located within two different redevelopment areas, the West End Community Improvement Project Area the Business and Waterfront Improvement Project Area. Mr. McAfee further inquired whether or not the Project would be assessed to fund the extension of Clement Avenue to Atlantic Avenue. The Planning Director responded it would not be assessed to fund an extension. Don Roberts, Alameda, stated during a visit to Wind River Company the Managers and Employees praised Mayor Appezzato for his assistance in bringing the Project to Alameda. Paul Fossum, Alameda, stated the request before the Council should be unanimously approved; [Wind River Systems] is a growing, honorable company. Daniel O'Shea, Project Manager, Ehrlich-Rominger Architects, stated it was a great privilege to design the Project; and thanked the Planning staff and Planning Board for their work on the Project. Mayor Appezzato commended Mr. O'Shea and Wind River Systems for their professionalism. Bill Garvine, Executive Director, Alameda Chamber of Commerce, stated he was speaking on behalf of Eddy Chan, President of Regular Meeting Alameda City Council September 16, 1997 TransPacific National Bank and Chair of Alameda International Trade Expo, to express his support of the Project. There being no further speakers, Mayor Appezzato closed the public portion of the Hearing. Mayor Appezzato stated that he is pleased Wind River agreed to allow public access to waterways; and thanked City staff for bringing Wind River to the community. Councilmember Lucas moved adoption of the Resolution adopting a mitigated negative declaration, adoption of the Resolution approving General Plan Amendment, and introduction of the Ordinance reclassifying and rezoning 2020 Sherman Street. Councilmember Daysog seconded the motion. In response to Vice Mayor DeWitt's question regarding noise generated by pile driving equipment, the Planning Director stated the nearest homes are approximately 900 feet away from the site; hours of construction are limited by the Noise Ordinance; a collar will surround the pile driver to reduce noise; and the pile driving portion of the job should not take longer than ten days. On the call for the question, the motion passed by the following voice vote: Ayes: Councilmembers Daysog, DeWitt, Lucas, and Mayor Appezzato - 4. Noes: None. Abstentions: Councilmember Kerr - 1. * * * Council recessed at 9:15 p.m. and reconvened at 9:20 p.m. * * * (97-531) Report from Personnel Director recommending Council authorize Letters of Understanding between the City and various bargaining units for certain Domestic Partner Benefits: Dental Coverage, Family Sick Leave and Funeral Leave. The following persons addressed the City Council in favor of Domestic Partner Benefits: Allan Shore, Alameda Joan Visser, Alameda Morten Wellhaven, Alameda Neil P. Sweeney, Alameda (deferred his three minutes to address Council to Allan Shore) Christine Allen, Out on the Island Group, Alameda Carl Halpern, Alameda Lin DePaul, Out on the Island Group, Alameda Debra Arbuckle, Alameda Regular Meeting Alameda City Council September 16, 1997 0 1 Lois Workman, Alameda Noel Folsom, Alameda Ben Felix, Out on the Island Group, Alameda Bill Garvine, Alameda Roy Mita, Alameda. The following persons spoke in opposition: Don Bergen, Alameda Lowell Holcomb, Traditional Values Coalition, Alameda Susan McCormack, Alameda Len Grzanka, Alameda Patricia A. Shrum*, San Jose, Alameda County Conservative Exchange Veronica Acosta, Alameda, Alameda County Conservative Exchange Cajun Skonberg, Alameda, (deferred her three minutes to address Council to Patricia Shrum) John Fee, Alameda Andrew McCormack, Alameda Carolyn Asleson (deferred her three minutes to address Council to Patricia Shrum) Monica Russell, Alameda Almeda Woodward (deferred her three minutes to address Council to Patricia Shrum). *Ms. Shrum requested that her comments be placed into the record; Ms. Shrum's presentation was recorded on both audio and video tapes, and are on file in the City Clerk's Office. Following public discussion, Councilmember Lucas stated the issue has been important to the community, it is an issue of fairness, Alameda is a community that is inclusive; Alameda does not exclude law abiding citizens; it is important to make everyone feel welcome in the community; that she sincerely believes Domestic Partner Benefits is what the vast majority of Alamedans want; Alameda does not need out-of-towners threatening it; and Alameda wants to be fair to City employees and people they care about. Councilmember Lucas moved approval of the staff recommendation. Councilmember Daysog seconded the motion. Under discussion, Councilmember Daysog stated if cost was the issue, maybe dental benefits, family sick leave and funeral leave should be taken away from spouses and children of heterosexual relationships; cost is not the issue; the issue is recognizing the diversity that exists among families in Alameda, including gay and lesbian couples; in large part, it is about recognizing gay and lesbian families as families deserving and rightfully earning benefits; in the final analysis it is about equality and diversity and extending the benefits to allow all families to continue to Regular Meeting Alameda City Council September 16, 1997 live in their respective loving relationships; traditional family values extend to gay and lesbian families; and it appears that there are safeguards in place to ensure fraud is eliminated. Councilmember Kerr stated some people do not seem to know what is on the Council agendas and are complaining about it; for the record, agendas are available Thursday night [preceding a Council Meeting] and appear on Cable Television, Channel 22; are posted on an outside bulletin board, and can be subscribed to. Councilmember Kerr further stated Council Meeting rules should be reviewed; public speakers deferred their time [three minutes] to other people; the purpose of the three-minute limit is to give everyone a chance to speak; it is a First Amendment issue, and Council should listen to as many different people as possible; and perhaps, in the future, Council may not wish speakers to defer their time [Three (3) minutes] to others. Mayor Appezzato stated that he did not have a problem with reviewing the matter. Councilmember Kerr stated she had requested that the Domestic Partner Benefits Agreement include a financial commitment among the domestic partners; that she has great difficulty with the City making a financial commitment to a domestic partner when the employee is not willing to; and she can assure individuals in the audience that she has no hidden agenda. Mayor Appezzato stated when the time comes, you do what you believe is right. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Daysog, Lucas and Mayor Appezzato - 3. Noes: Vice Mayor DeWitt and Councilmember Kerr - 2. ORAL COMMUNICATIONS, NON-AGENDA (Public Comment) (97-532) Don Bergen, Alameda, stated that he has been sickened by the lack of care for animals resulting in the loss of them; cats live safer and happier lives indoors and dogs should be kept in locked yards. Mr. Bergen filed, with the City Clerk, a list of methods for finding animals. (97-533) John Fee, Alameda, commented on various issues. (97-534) Morten Wellhaven, Alameda, stated Christine Allen spent countless hours working on behalf of the Out of the Island Group and should be recognized for her tireless work and leadership. Mayor Appezzato stated everyone in the Group has been civil and a Regular Meeting Alameda City Council September 16, 1997 gentleman and/or gentlewoman. COUNCIL COMMUNICATIONS (Communications from Council) (97-535) Consideration of Mayor's nomination for appointment to the Planning Board. Mayor Appezzato nominated Gary W. Bard for appointment to the Planning Board. (97-536) Consideration of Mayor's nominations (2) for appointment to the Rent Review Advisory Committee. [2 Tenant Positions] Mayor Appezzato nominated Ed Flanagan and Shirley Hocking to the Rent Review Advisory Committee. (97-537) Councilmember Lucas stated staff should place the letter from Mr. Gutleben regarding seismic retrofit work on the agenda, and the staff report should include a public information program. Mayor Appezzato stated the City has a pamphlet [C.A.R.E., a Home and Family Preparedness Workbook, sponsored by Fire & Police Depts. and the Red Cross] on the matter, which should be provided to the City Council; a press release should be sent to the newspapers stating it is available to the citizens; and revisions can be considered after Councilmembers review the brochure. (97-538) Councilmember Kerr stated Alice Creason, Alameda's representative on the AC Transit Board, is willing to provide a presentation on AC Transit's Plans, and the presentation should be placed on the agenda at Ms. Creason's earliest convenience. (97-539) Vice Mayor DeWitt stated Atlantic Avenue needs improvements and he would like to meet with the City Manager, Public Works Director and Traffic Manager to discuss funding for necessary improvements. ADJOURNMENT (97-539A) Mayor Appezzato adjourned the meeting at 10:42 p.m. in honor and memory of Coach Frank LaPorte. Re ectfully submitted, Diane B. Felsch, CMC City Clerk The agenda for this meeting was posted in accordance with the requirements of the Brown Act. Regular Meeting Alameda City Council September 16, 1997