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1996-02-20 MinutesSPECIAL MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY BOARD OF COMMISSIONERS TUESDAY - - - - FEBRUARY 20, 1996 - - - 7:20 P.M. The above-noted meeting was cancelled. lane B. Felsch, CMC City Clerk February 20, 1996 MINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL FEBRUARY 20, 1996 The meeting convened at 7:41 p.m., with Mayor Appezzato presiding. The Pledge of Allegiance was led by Councilman Arnerich. ROLL CALL - PRESENT: ABSENT: Councilmembers Arnerich, DeWitt, Lucas, Vice Mayor Mannix and President Appezzato - 5. None. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY None. CONSENT CALENDAR Present Appezzato stated that the following items were pulled for discussion: 4-B (96-83) (Report from President, Social Service Human Relations Board, regarding October 30, 1996, EXCHANGE]; and 4-C (96-84) [Bi-monthly Report from Community Development Director regarding West Alameda Target Area Activities]. Councilmember Lucas moved approval of the remainder of the Consent Calendar. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. 4-A. (*96-73) Minutes of the Special City Council and Housing Authority Board of Commissioners Meeting of February 6, 1996; and Special City Council Meeting of February 6, 1996. Approved. 4-B. See Paragraph (96-83). 4-C. See Paragraph (96-84). 4-D. (*96-74) Report from Finance Director transmitting Investment Portfolio for period ending January 31, 1996. Accepted. 4-E. (*96-75) Report from Public Works Director recommending adoption of plans and specifications and calling for bids for concrete cart path installation on the Jack Clark Course at the Chuck Corica Golf Complex, No. P.W. 02-96-02. Accepted. Regular Meeting, Alameda City Council February 20, 19% 4-F. (*96-76) Status Report from Public Works Director on Californian Apartments located at 1940 Franciscan Way. Accepted. 4-G. (*96-77) Report from Public Works Director requesting authorization to extend the current Residential Recycling Contract for a maximum of six months. Accepted. 4-H. (*96-78) Report from Public Works Director recommending execution of a contract with Recycling Works, Inc., for Non- Residential and Commercial Recycling Services in Alameda. Accepted. 4-1. (*96-79) Resolution No. 12738 "Approving Execution of Sub- Lease Between the City of Alameda and the West Alameda Business Association Pertaining to 1701 Webster Street." Adopted. 4-J. (*96-80) Resolution No. 12739 "Authorizing Application for 1996-97 Transportation Development Act (TDA) Funds for Pedestrian/Bicycle Projects." Adopted. 4-K. (*96-81) Resolution No. 12740 "Authorizing Transfer of Funds Between CIP 91-5 to CIP 94-11 for an Open Market Purchase of Six Electric Vehicles from the Manufacturer - U.S. Electricar." Adopted. 4-L. (*96-82) Bills, certified by the City Manager to be true and correct, were ratified in the sum of $2,719,907.80. Ratified. 4-B. (96-83) Report from President, Social Service Human Relations Board, regarding October 30, 1996, EXCHANGE. Lois Workman, President, Social Service Human Relations Board, discussed the October 30th EXCHANGE; stated that copies of the report were available at the City Clerk's Office; and that videos of the program will also be available at the Main City Library. Councilmember Lucas commended Ms. Workman on excellent work done, and informed Council that Ms. Workman received an accommodation from the Alameda County Human Rights Commission. Vice Mayor Mannix suggested that the first sentence under Results of Scientific Studies be corrected to read "... 2-4% of the population in America are homosexual women and 4-10% of the population in America are homosexual men." Kristine Allen, Alameda, representing Out On The Island, expressed gratitude for the October, 1995 EXCHANGE; commented that the information was comprehensive; and that the organization sincerely hopes that the Council will acknowledge the indisputable fact that gay and lesbian people form a vital productive part of Alameda life. Regular Meeting, Alameda City Council February 20, 1996 2 k)U Robb Alongi, Alameda, thanked the Council for their support and for accepting the Board's Report on the EXCHANGE. Mary Hesalroad, Alameda, stated that she is an eight-year veteran of the Austin, Texas Police Department; that one of her volunteer duties was sensitivity training, and offered her assistance. Phyllis Marshall, Alameda, stated that she attended the EXCHANGE, and hopes individuals will avail themselves of the information. Morton Wellhaven, Alameda, Co-founder of G.I. Joe's, stated that the EXCHANGE was a big step forward in educating people in a non- emotional way. Harvey Rosenthal, M.D., and Member of the West Alameda Business Association, encouraged Council to approve the Board's recommendations. Councilmember Lucas requested a staff report on how the City can implement the Board's recommendations, and moved acceptance of the Report. Vice Mayor Mannix seconded the motion. Councilmember DeWitt stated that he had changed his ideas about whether being gay is a personal choice or not; and that he has always supported the idea that hate crimes and discrimination should not be tolerated. On call for the question, the motion carried by unanimous voice vote - 5. 4-C. (96-84) Bi-monthly Report from Community Development Director regarding West Alameda Target Area Activities. Councilmember Lucas stated that undergrounding of utilities is a very important aspect in making Webster Street and the West End more attractive; and moved acceptance of the report. Councilman Arnerich agreed, and seconded the motion. President Appezzato stated that he also concurred with Councilmember Lucas' comments; and that the City needs to continue educating residents before the next neighborhoods are targeted for undergrounding. The motion carried by unanimous voice vote - 5. Regular Meeting, Alameda City Council February 20, 19% 3 President Appezzato announced that a member of the public wished to address Item 4-F and that it be reconsidered. Vice Mayor Mannix moved that 4-F (Status Report from Public Works Director on Californian Apartments located at 1940 Franciscan Way] be reconsidered. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. Leah Hess, Attorney representing Franciscan Tenants, urged that Council continue its efforts to have improvements made at the apartment complex; and requested that the matter be placed on the agenda for follow-up each month. President Appezzato stated that if the property owner does not proceed to correct the deficiency and a citation is issued, the matter would be scheduled for a hearing before the Municipal Court. Councilman Arnerich stated that he does not want the matter before Council each month; and that Ms. Hess should work with the City Manager's Office and the Building Department. President Appezzato stated that he would like the matter before Council once a quarter. Vice Mayor Mannix concurred with President Appezzato; stated that the City should continue its efforts; that the matter be placed before Council once a quarter; and moved acceptance of the report and recommendation [The Housing Authority and Building Inspection Division will continue to monitor this matter and will continue with enforcement action against the property owner]. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. REGULAR AGENDA ITEMS 5-A. (96-85) Appointment of Jennifer Gonzalez to the Social Service Human Relations Board, Non-Voting Youth Representative. President Appezzato appointed Jennifer Gonzalez to the Social Service Human Relations Board, non-voting youth representative. The City Clerk administered the Oath of Office to Ms. Gonzalez. Ms. Gonzalez thanked Council for the opportunity, and introduced her mother, Mary Ann. 5-B. (96-86) Report from Planning Director regarding findings and recommendations of the Restaurant Task Force; and Regular Meeting, Alameda City Council February 20, 1996 4 Response from Public Works Director regarding "Expressions of Other Concerns" contained in the Report by the Restaurant Task Force. Thomas Jordan, Executive Director, Community of Harbor Bay Isle Owners' Association, submitted a communication providing his perspective on the Task Force's deliberations and recommendations, and reviewed same. Gerhard Degemann, Alameda, commented on fast food restaurants; inquired about the future use of the Wells Fargo Building; and expressed concerns regarding a better mix of businesses in Alameda, e.g. businesses which bring business into the community and not take business away from existing businesses. In response to Mr. Degemann's comments regarding a future use for the Wells Fargo Building, the City Manager stated that the only way for Council to prohibit such [fast food] would either be by moratorium or Use Permit process. In response to Councilmember Lucas' inquiry regarding when development permits could be required, the Planning Director stated that the matter was being addressed in the Development Code. Discussion was held regarding interim regulations. Councilmember Lucas expressed concern about obtaining control over new restaurant businesses; and requested that staff write a letter to the property owner of the Wells Fargo Building, and state that a fast food business is undesirable. Councilmember Lucas stated that she supported the Task Force's recommendation to require business owners to keep the sidewalks in front of their businesses clean, and requested that staff prepare an ordinance to require same. Councilman Arnerich concurred with Councilmember Lucas; requested that staff prepare an ordinance requiring business owners to keep the sidewalks in front of their businesses clean; requested that staff write a letter to the property owner of the Wells Fargo Building and state that a fast food business is undesirable; and moved the Task Force's recommendations [accept the Task Force findings and recommendations regarding the regulation of restaurants and refer the recommendations on land use controls to the Planning Board to incorporate the Task Force suggestion into the proposed Development Code]. Councilmember Lucas seconded the motion. Vice Mayor Mannix stated that many of the issues noted in the Restaurant Task Force's Report regarding "Expressions of Other Concerns" have already been implemented or addressed in other Regular Meoting, Alameda City Council February 20, 1996 5 forums, and discussed same; expressed concerns regarding restricting fast food restaurants and moratoriums; and spoke in support of proceeding with the recommendations. President Appezzato spoke in support of a development permit process and land use controls; discussed findings and recommendations; stated that, by contract, the City currently steam cleans the City's streets and sidewalks twice a year; that the trash is picked up three times a week in the Business Districts; and that the City has an outside contractor sweeping the City's sidewalks twice a week. On call for the question, the motion carried by unanimous voice vote - 5. 5-C. (96-87) Resolution No. 12741 "Authorizing an Advance under the Cooperation Agreement Between the City of Alameda and the Community Improvement Commission." Councilmember DeWitt moved adoption of the Resolution. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. 5-D. (96-88) Resolution No. 12742 "Approving Revised Memorandum of Understanding Between the Alameda Management and Confidential Employees Association and the City of Alameda; Approving a Salary Schedule for Three Appointed and Three Unrepresented Employees; and Approving and Authorizing Execution of Amendments to the Employment Contracts for the City Manager and City Attorney; All Three Actions for the Period Commencing January 1, 1995 and Ending December 31, 1999." Don Roberts, Alameda, stated that the City Attorney's performance should be considered in the process of awarding her a $6,000 a year pay raise; that the City Attorney's Impartial Analysis [of Ballot Measure "C"] misleads the voters to falsely believe that the Carnegie [Building] will be used as a museum when the actual ballot language would allow the Carnegie [Building] to be used for City offices, or other public uses, instead of a museum; and that the 'Impartial Analysis could cause voters to think that the rebuttal statements were not true. Barbara Kerr, suggested that the City Attorney not be given a raise; commented on the language of Measure "C"; and stated that apartment owners will hold Council to the language on the ballot itself. John Scott Graham, Alameda, commented on City pay raises. Regular Meeting, Alameda City Council February 20, 1996 6 Councilmember Lucas stated that no amendments to the employment agreements with the City Manager and City Attorney were submitted to the City Council, and that the sixth paragraph on page one of the Resolution cannot be adopted as written. In response to President Appezzato's inquiry, Councilmember Lucas stated that the remaining portions of the Resolution may be voted upon; however, she would not be supportive of all matters. The Personnel Director stated that the staff report indicates that the Memorandum of Understanding, salary schedule, and the City Manager and City Attorney's contracts were on file in the City Clerk's Office and the Planning Department. Councilmember Lucas stated that the employment contract amendments were not included. President Appezzato concurred with Councilmember Lucas, and stated that he was not prepared to vote on the contract amendments at this time. In response to Vice Mayor Mannix's inquiry, the Personnel Director stated that the contract amendments were not a part of the Resolution's Appendix "A".. Councilmember Lucas stated that she was not aware that the issue of extending the employment contracts with the City Manager and City Attorney was being considered. Vice Mayor Mannix stated that it was clear to him during Closed Session Meetings, and that the extended term was to 1999; and moved adoption of the Resolution. Councilman Arnerich concurred with Vice Mayor Mannix and seconded the motion. Councilmember Lucas stated that she had a problem with the Resolution being all inclusive; that if each issue had been listed separately, she would have voted on each item; and that she would not support the Resolution as a whole. President Appezzato concurred with Councilmember Lucas. Councilmember DeWitt spoke in support of Councilmember Lucas having the opportunity of voting "yes" or "no" on the various portions of the Resolution. Councilmember Lucas stated that she would have to eliminate the portion of the Resolution approving the amendment to the employment agreements; that she would not approve the salary increase for the Regular Meeting, Alameda City Council February 20, 1996 7 MCEA; that she would support salary increases for the City Manager and City Attorney; and that the extension of employment terms for the City Manager and City Attorney be held over. Councilman Arnerich stated that it was imperative to move forward; spoke in support of the Resolution; discussed wage increases; and spoke in support of holding the extension of employment terms for the City Manager and City Attorney over. The motion was amended as follows: Vice Mayor Mannix moved adoption of the Resolution, excluding Term extensions of the City Attorney and City Manager Employment Contracts. Councilman Arnerich seconded the motion. Councilmember DeWitt commented on Alameda salaries vs. other cities. President Appezzato stated that he could not support additional pay raises at this time; and that he remained unconvinced that the City could afford the personnel costs over the long term without providing the additional revenue necessary to pay for said raises. On call for the question, the amended motion carried by the following vote: Ayes: Councilmembers Arnerich, DeWitt, and Vice Mayor Mannix - 3. Noes: Councilmember Lucas and President Appezzato - 2. Absent: None. Councilmember Lucas suggested a Closed Session for Council discussion on the Terms. Council recessed at 8: 50 p.m. and reconvened at 9:00 p.m. 5 -E. (96 -89) Final Passage of Ordinance No. 2719 "Amending the Alameda Municipal Code by Adding Subsection 2 -61.7 (Joint Purchases with Public Agencies) to Section 2 -61 (Bidding Procedures on Public Projects and Goods and Supplies), Article V (Administrative Procedures and Policies) of Chapter II (Administration), Thereof, Authorizing Joint Purchase of Materials and Supplies with Other Public Agencies." Councilmember Lucas moved final passage of the Ordinance. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. 5 -F. (96 -90) Written Communication from Don Bergen, Alameda, requesting that the City enact a "teenage curfew ". The Chief of Police provided an assessment of the recommendation; stated that a curfew was not necessary at this time; commented on other cities' procedures, and expense to provide said program. Regular Meeting, Alameda City Council February 20, 1996 8 Don Bergen, Alameda, spoke in support of a teenage curfew; and commented on proposed costs, vandalization, and crimes. Don Roberts, Alameda, spoke in support of a teenage curfew; and suggested that curfew violators be returned to their homes and/or issued a citation. John Scott Graham, Alameda, spoke in opposition to a teenage curfew; and discussed personal experiences regarding same. Noel Folsom, Alameda, spoke in opposition to a teenage curfew. Neil Patrick Sweeney, Alameda, spoke in support of a teenage curfew; and commented on mechanisms for detecting stolen cars. Beth (no last name given), spoke in support of a teenage curfew; and commented on crimes committed by gangs and youth. Dave Plummer, Alameda, spoke in support of a teenage curfew; discussed previous problems on High Street caused by teenagers, e.g. drinking, fighting, speeding; and expressed concerns regarding the Planning Board's approval of a coffee shop/restaurant called "The High Tea and Coffee" at 1431 High Street. Gerhard Degemann, Alameda, spoke in opposition to a teenage curfew. Vice Mayor Mannix spoke in support of youth curfews; stated that the Chief of Police had commited himself to recommend a youth curfew should the need arise; and deferred to the Chief of Police. Councilmember Lucas concurred with Vice Mayor Mannix; and moved that the Written Communication be accepted without action. Vice Mayor Mannix seconded the motion. The motion carried by unanimous voice vote - 5. 5-G. (96-91) Written Communication from the Building and Construction Trades Council of Alameda County requesting a resolution declaring that the City Council desires prevailing wage laws to be continued without change, and that the City Council reaffirms its commitment to uphold prevailing wage requirements on City public works projects (Councilmember Lucas), and Resolution No. 12743 "Supporting Prevailing Wage Laws and Reaffirming Commitment to Uphold Prevailing Wage Requirements on City Public Work Projects." (Councilmember Lucas) Mike Dunlap, Operating Engineers, Local 3, spoke in support of the Resolution; and discussed the "Little Davis Bacon Act". Regular Meeting, Alameda City Council February 20, 1996 9 Discussion was held regarding the construction trades, apprenticeship programs, bidding process, quality of work, and wage requirements. The City Manager stated that federally-funded City public work projects require prevailing rates, and that contractors have to pay the prevailing wages. Councilman Arnerich moved adoption of the Resolution. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. COUNCIL COMMUNICATIONS (Communications from Council) 7-A. (96-92) Consideration of Mayor's nominations for two appointments to the Mayor's Committee for the Disabled. President Appezzato nominated Daniel Corcoran, Debra Paschke and Kim Vickers for appointment to the Mayor's Committee for the Disabled. 7-B. (96-93) Consideration of Mayor's nominations for reappointments of Chair Hellmann and Committee Member Cooney to the Mayor's Committee for the Disabled. President Appezzato nominated Chair Michael Hellmann and Committee Member Edwin Cooney for reappointment to the Mayor's Committee for the Disabled. ORAL COMMUNICATIONS, NON-AGENDA (Public Comment) 6-A. (96-94) Neil Patrick Sweeney, Alameda, discussed various upcoming local events. 6-B. (96-95) Susan McCormack, Alameda, owner of The Webster House, stated that she wanted to clear the record and bring Council up-to- date; stated that the Planning Department had public noticed the wrong set of plans for the Special [Planning Board] Meeting to be held February 21; that the Planning Board was given the correct set which was originally submitted to and approved by the Historical Advisory Board; that it is said set of plans that she desires to be reviewed at the February 21st meeting; that when she received the incorrect notice from the Planning Department, she called and was told that it did not matter that the notice had the wrong material referenced; that she did not realize the Planning Department did not know which plans the Historical Advisory Board approved; that when the City Manager was notified of the error, he had the Planning Department send both sets [of plans] to the Planning Board; and questioned what could be done when incorrect notices have already gone out. Regular Meeting, Alameda City Council February 20, 1996 10 6-C. (96-96) Morton Wellhaven, Alameda, spoke in support of giving youth more support, i.e. youth centers; stated that no City proclamations have been awarded since June, 1995; and inquired whether proclamations continue to be awarded. President Appezzato stated that City proclamations continue to be awarded. Mr. Wellhaven stated that he inquired with the City and was informed that no proclamations have been issued since June, 1995. President Appezzato assured Mr. Wellhaven that many proclamations have been and continue to be awarded; and stated that Mr. Wellhaven will be provided the exact number of proclamations awarded since June, 1995. 6-D. (96-97) Karin Morgan, Alameda, stated that it was her understanding that no proclamations had been awarded; and spoke in support of proclamations. President Appezzato stated that Ms. Morgan would also be provided the exact number of proclamations awarded since June, 1995. The City Clerk stated that perhaps Mr. Wellhaven and Ms. Morgan did not contact the Mayor's Secretary for the number of proclamations provided to the community. 6-E. (96-98) Don Roberts, Alameda, stated that he is a member of the group that opposes Measure "C"; that he is not opposed to paying taxes for services in the City; that he is in support of a new library; that his position, and that of many others, is not to not pay taxes, but to oppose unfair taxes; that the proposal presented to the public will charge $68.50 per year; and that there are widowed and/or retired persons whose total income is under $7,000 per year and cannot afford same. President Appezzato stated that he strongly supported Measure "C". 6-F. (96-99) Earl Peacock, Alameda, contended that the Planning Director was continuously subterfuging the McCormacks from finishing their project [The Webster House]; stated that the McCormacks were in need of the two-foot variance and the [fee] waiver [request] which should be addressed and resolved at the February 21st meeting; and requested that Council remedy the problem. Vice Mayor Mannix stated that he was sure the City Manager was aware of Council's policy and wanted the project to move ahead as expeditiously as possible. Regular Meeting, Alameda City Council February 20, 1996 11 6-G. (96-100) Christine Allen, Alameda, stated that she was responsible for the misinformation regarding proclamations; that she went to City Hall and was told verbally that no proclamations have been issued since May, 1995; that she also received a written fax from City Hall stating that no proclamations have been issued to anyone; and requested the number of proclamations given since said time. Vice Mayor Mannix apologized for any misinformation given, and thanked her for taking responsibility. Councilmember Lucas stated that she noticed that no proclamations have been passed by the City Council; that apparently proclamations are being passed by the Mayor's Office; requested a staff report regarding the practice of having proclamations passed by Council stopped and why; and a staff report on how other [Alameda County] cities and Alameda County handle proclamations. COUNCIL COMMUNICATIONS (Communications from Council) [continued] 7-C. (96-101) Councilman Arnerich requested that a status report be prepared regarding the rest rooms at the Shell Station, and the entryway to the Golf Complex. 7-D. (96-102) Vice Mayor Mannix stated that the Chief of Police should report to Council on acquiring sound location capability, similar to Redwood City; that a liaison with other communities should be developed; and that the City Manager should contact the City of Oakland's City Manager to discuss public information efforts and gun control. 7-E. (96-103) Vice Mayor Mannix referred to a recent project on parking meters conducted by a student, and suggested that the City look into the results. ADJOURNMENT 8-A. (96-104) President Appezzato adjourned the meeting at 10:04 p.m. ectfully submitted DI E B. FELSCH, CMC City Clerk The agenda for this meeting was posted in advance in accordance with the Brown Act. Regular Meeting, Alameda City Council February 20, 1996 12