Loading...
1998-08-18 Special and Regular CC Minutesrf: MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -AUGUST 18, 1998- -7:00 P.M. Mayor Appezzato convened the Special Meeting at 7:00 p.m. Roll Call - Present: Councilmembers Daysog, DeWitt, Kerr, Lucas and Mayor Appezzato - 5. Absent: None. The Special Meeting was adjourned to Closed Session to consider: (98-442) Conference with Labor Negotiator; Agency Negotiators: Human Resources Director and Austris Rungis; Employee Organization: International Association of Firefighters, Local #689 - IAFF. (98-443) Conference with Legal Counsel- Anticipated Litigation; Significant Exposure to Litigation pursuant to Subdivision (b) Section 54956.9; Number of Cases: One. (98-444) Conference with Legal Counsel - Anticipated Litigation; Initiation of Litigation pursuant to Subdivision (c) Section 54956.9; Number of Cases: One. (98-445) Workers' Compensation Claim; Claimant: Karen Wood; Agency Claimed Against: City of Alameda. Following the Closed Session, the Special Meeting was reconvened and the Mayor Appezzato announced that regarding Conference with Council gave instructions to City's negotiators; regarding Significant Exposure to Litigation, Council gave instructions to the City Attorney; regarding Initiation of Litigation, Council gave instructions to the City Attorney to attempt one more mediation session regarding the Hardball Facility and if unsuccessful, commence litigation; and regarding Workers' Compensation Claim, Council approved payment of workers' compensation claim and gave instructions to the City Attorney. 0 0 0 Adjournment • There being no further business, Mayor Appezzato adjourned the Special Meeting at 7:50 p.m. R pectfully submitted, Diane B. Fe sch, C C City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council August 18, 1998 MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -AUGUST 18, 1998- -7:30 P.M. Mayor Appezzato convened the Regular Meeting at 7:53 p.m. Councilmember Daysog led the Pledge of Allegiance Reverend Don Taylor, Central Baptist Church, gave the Invocation. ROLL CALL - PRESENT: Councilmembers Daysog, DeWitt, Kerr, Lucas and Mayor Appezzato - 5. ABSENT: None. 4 (98-446) Mayor Appezzato announced that the Presentation by Representatives of the University of California, Berkeley, Department of City and Regional Planning [Paragraph No. 98-448] was withdrawn from the agenda and may return at a later date. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (98-447) Presentation of Certificate of Achievement for Excellence in Financial Reporting. Mayor Appezzato presented the Certificate of Achievement to Finance Director Zenda James. Ms. James accepted the Certificate on behalf of the entire Finance Department. Gerhard Degemann commended the Finance Director for her accomplishments. (98-448) Presentation by Representatives of the University of California, Berkeley, Department of City and Regional Planning on a Project for Alameda Point. Not heard. k 4 k*4 Mayor Appezzato announced that the following recommendations: adoption of CDBG Action Plan Amendment No. 1 [paragraph no. 98- 450]; acceptance of the Quarterly Sales Tax Report [paragraph no. 98-453]; modification of the Street Naming Policy [paragraph no. 98-455]; and approval to name Wind River site roadway "Wind River Way" [paragraph no. 98-456], were withdrawn from the Consent Calendar for discussion. Councilmember Lucas moved approval of the remainder of the Consent Calendar. Regular Meeting Alameda City Council August 18, 1998 Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*98-449) Minutes of the Special and Regular City Council Meetings held on August 4, 1998, the Special Council Meeting (Closed Session) held on August 10, 1998, and the Special Joint City Council and Community Improvement Commission Meeting (Closed Session) held on August 10, 1998. Approved. (98-450) Recommendation to adopt Community Development Block Grant (CDBG) FY 1998-99 Action Plan Amendment No. 1 and amend the Community Assisted/Shared Appreciation (CASA) Homebuyer Pilot Program and related Agreements. Councilmember Kerr stated the City created a homeownership plan to address the needs of people across the entire income spectrum, including low- ard very low-income people; funding was subject to approval by the Guyton/Henderson lawsuit; said lawsuit determined that homeownership opportunities would not be available to people in the lowest income; the City tried and intended to address the needs of people in the lower income levels. Mayor Appezzato stated the challenge is to create additional housing units to allow citizens to become homeowners; to transfer from one home to another does not create additional homeownership. Councilmember Kerr moved approval of the staff recommendation. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. (*98-451) Recommendation to adopt Specification No. MSP 8-98-1, Vehicle Tow Contract for the Police Department and MSP 8-98-2, Vehicle Tow Contract for Abandoned Vehicles for the Police Department. Accepted. (*98-452) Recommendation to accept Quarterly Investment Report for period ending June 30, 1998. Accepted. (98-453) Recommendation to accept Quarterly Sales Tax Report for the first quarter of 1998. Mayor Appezzato requested the Finance Director to review highlights of the Quarterly Sales Tax Report. Ms. James gave an overview of the Report and stated there was a 12% increase in sales tax during the first quarter of 1998. Vice Mayor DeWitt moved acceptance of the Report; commented on revenue streams and business tax revenues needed to support City services. Regular Meeting Alameda City Council August 18, 1998 Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. (*98-454) Recommendation to award contract in the amount of $82,550 to J.W. Riley & Son, Inc. for Fiscal Year 1998-99 Portland Cement Concrete Sidewalk, Concrete Sidewalk Grinding, Curb, Gutter and Driveway Project, No. P.W. 05-98-11. Accepted. (98-455) Recommendation to approve modification of the Street Naming Policy to allow a corporation to address the campus with a corporate designation and to consolidate the City's Policy on Street Naming. Applicant: City of Alameda; and (98-455A) Resolution No. 13033, "Rescinding Resolution No. 10037 and Readopting the Street Naming Policy with a Modification to Allow the Use of Corporate Address Designations for Private or Public Streets in Those Instances Where the Campus is Larger Than One Acre Encompassing at Least Two Buildings in a Commercial Area, Where Only Buildings Owned and Leased Long-Term by the Corporation are Addressed from the Street and Consolidating the Street Naming Policy into a Single Document." Adopted. Gerhard Degemann spoke in favor of the staff recommendation. Councilmember Kerr stated recently, there has been a fair amount of controversy over various aspects of the City's Naming Policy; said Policy needs to be sent to the Planning Board for general housekeeping; just this past week, controversy arose because someone thought the Recreation Commission should make decisions on [street] naming; different groups have begun naming things; moved the Naming Policy be sent to the Planning Board with the recommendation that the Board consider this [amendment to the Policy before Council this evening]. In response to Councilmember Lucas's request, the Planning Director addressed said matter; stated the City adopted a City Facility Naming Policy in 1991; the Street Naming Policy was incorporated into the [Facility Naming] Policy by reference; said 1991 Policy was prepared by the City Manager and approved by the City Council; said Policy can be sent to the Planning Board; the [current] Policy states the Housing Authority initiates the naming of Housing Authority facilities, the Recreation Commission initiates naming and makes recommendations to Council for Parks and Recreation facilities, and so on; Council can review said matter and still proceed with [Wind River Systems'] request [paragraph no. 98-456]; the Planning Board did not review the City's current Naming Policy for streets and facilities. Councilmember Daysog stated a current trend is for high-tech companies to buy out other [high-tech] companies; inquired whether said changes in ownership and names were addressed in the Street Regular Meeting Alameda City Council August 18, 1998 0-1 Naming Policy before Council this evening, to which the Planning Director responded several things address Councilmember Daysog's concern: 1) only the property which is under the control of a company can have access [from roadway]; 2) proposed [allowance] is reserved for significant campuses with at least a one acre site and two buildings; 3) only buildings in the control of a corporation can have access from the street; and 4) proposed Street Naming Policy includes procedure to rename private streets. Councilmember Kerr stated the proposed Resolution states: "the Planning Board shall review specific street names, making street name recommendations to the City Council; since the Planning Board is involved, the Board should be asked to review the Policy. The Planning Director stated the Planning Board is involved because streets are usually created as part of a Planned Development; normally, the Board would hold a Hearing and make a recommendation to Council regarding the [street] name. Councilmember Kerr stated if Council requests the Planning Board to review corporate addresses, the Board should be provided the courtesy to determine whether it is compatible with their other duties. The Planning Director stated that [Planning Board review of street names] is the current policy and is not a change. Councilmember Lucas inquired whether Councilmember Kerr's request was to send the Policy to the Planning Board for review, then the Planning Board would return the matter to Council [with its recommendation]; stated said request seems a bit cumbersome; the Policy is before Council now, Council agrees it is a good Policy, and the Planning Board would probably agree, too. Councilmember Kerr stated the Planning Board should review the Policy; there was a near miss at a Recreation Commission meeting; it is appropriate to obtain a coherent Policy. Councilmember Lucas responded the Recreation Commission understood Council approval is required. Councilmember Kerr stated the matter went [to the Recreation Commission] without any background. Councilmember Lucas stated the Planning Board has not had any problem [with the Naming Policy]; and inquired whether the Policy should be sent to every Commission. Councilmember Kerr responded said matter should not be reviewed by every Commission, only the Planning Board. Regular Meeting Alameda City Council August 18, 1998 Councilmember Kerr moved that the overall [Naming] Policy be sent to the Planning Board for review. Councilmember Daysog stated that he would prefer to move forward [adopt revised Policy] this evening. Councilmember Kerr stated that she took this opportunity to address the issue because "naming" has become somewhat chaotic. Mayor Appezzato inquired whether Council could send the Policy to the Planning Board and still move forward with Wind River Systems' request [paragraph no. 98-456]. Councilmember Lucas stated the Policy is clear; it was originally adopted by Council; and there have not been problems. Mayor Appezzato called for second. MOTION FAILED DUE TO LACK OF A SECOND. Vice Mayor DeWitt stated the matter before Council specifically deals with addressing corporations; Policy modification [to the Naming Policy] should be approved; at a later time, staff could bring back an agenda item regarding Planning Board review of the [Naming] Policy; recommended Council accept the Policy item tonight. Mayor Appezzato inquired whether Vice Mayor DeWitt was making a motion to approve the staff recommendation, to which Vice Mayor DeWitt responded in the affirmative. Councilmember Lucas seconded the motion. Vice Mayor DeWitt stated loose ends in the Street Naming Policy should be addressed by the Planning Board. In response to Councilmember Kerr's inquiry whether Vice Mayor DeWitt's motion included sending the matter to the Planning Board, Vice Mayor DeWitt stated a motion had been made and seconded; however, Councilmember Kerr could recommend staff send the Policy to the Planning Board. Councilmember Kerr noted that her motion regarding said matter had failed. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Daysog, DeWitt, Lucas and Mayor Appezzato - 4. Noes: Councilmember Kerr - 1. (98-456) Recommendation to approve the request to name Wind River site roadway "Wind River Way", which requires exceptions from the Regular Meeting Alameda City Council August 18, 1998 City's adopted Street Naming Policy. Applicant: Wind River Systems; and (28=456A) Resolution No. 13034, "Approving Exceptions to the City's Street Naming Policy and Approving the Use of the Corporate Address Designation "Wind River Way" as the Name for the Street Which Provides Access to the Wind River Campus." Adopted. Vice Mayor DeWitt moved adoption of the Resolution. Councilmember Lucas seconded the motion. Under discussion, Councilmember Kerr requested staff to clarify the location of the entrance to Wind River Way. The Planning Director stated the approved entrance is a shared driveway which uses the first right-hand driveway over the tracks in the rear of a Marina Village building parking lot; there is discussion regarding the potential extension of Clement Avenue; if said roadway goes forward, the applicant would like to have entrance located on extended roadway [Clement Avenue]; currently, existing driveway will be a private road, however, if a different road is selected in the future, said road would be named Wind River Way. On the call for the question, the motion carried by unanimous voice vote - 5. (*98-457) Ratified bills in the amount of $4,514,749.60. (98-458) Public Hearing to consider Resolution No, 13035, "Declaring the Property Located at 1502 Grand Street a Public Nuisance and Ordering Its Abatement." Adopted. Mayor Appezzato opened the public portion of the Hearing. PROPONENTS Steven Gerstle, Alameda. OPPONENTS Rowena Perez, Alameda; Jennifer Kennedy, Alameda; and Brenda Stewart, Alameda. Mayor Appezzato closed the public portion of the Hearing. Councilmember Kerr commended the City's Rent Review Advisory Committee (RRAC), which resolves differences regarding rent increases, for its 97% success rate; stated the Committee recently Regular Meeting Alameda City Council August 18, 1998 dealt with 30% rent increase at the Harbor Island Apartments. Councilmember Lucas concurred with Councilmember Kerr's comments regarding the RRAC; stated the Committee is composed of tenants and landlords; regarding the Hearing before Council this evening [1502 Grand Street], the building has been a problem since the early 1990s; creation of additional units causes problems e.g., parking, congestion of neighborhoods; said units are often not up to Code. Councilmember Lucas moved adoption of the Resolution. Councilmember Daysog seconded the motion. Under discussion, Mayor Appezzato stated legal requirements make it difficult to move against nuisance properties; the City has taken action to abate residential and business nuisances, e.g., the Silver Building on Park Street, and homes on the 1300 block of Pacific and the 700 block of Central Avenue; said action sends the message that the City of Alameda does not tolerate nuisances in the community. Vice Mayor DeWitt stated the Report to Council explains the difficulty of getting in touch with property owners; the City should have a method to contact landlords and property owners; suggested the City extend the authority of the RRAC to include tenants' complaints regarding properties, e.g., yards; and stated staff might have ideas on how to keep in touch with out-of-town property owners to ensure proper maintenance. Councilmember Daysog concurred with Vice Mayor DeWitt; stated the RRAC did an admiral job regarding the Harbor Island Apartments, however, critical safety issues still exist which the Committee cannot address; issues the RRAC has authority over are handled extraordinarily. Mayor Appezzato directed staff to review said matter and ensure that nuisance properties are handled by proper staff. Councilmember Lucas stated there are properties where front yards are not maintained; the RRAC only acts on rental complaints; maybe Council could expand the Committee's area of operation to include complaints from neighbors about poor maintenance; and inquired whether Vice Mayor DeWitt would want the Committee to address said matter. Vice Mayor DeWitt responded in the affirmative; stated the main goal is to beautify the City; it is not limited to tenant complaints. The City Attorney stated a draft Property Maintenance Ordinance will be presented to Council shortly; said Ordinance will address Regular Meeting Alameda City Council August 18, 1998 some of Council's concerns and provide Council an opportunity to address issues which the City is not currently regulating. On the call for the question, the motion carried by unanimous voice vote - 5. * t 4 •VIkitJt 4 kalk 4 4 (Public Comment) (98-459) Helen Jefferson, Alameda, stated three weeks ago the Mayor was quoted in the newspaper as being willing to take another look at the Dog Park issue; the Mayor requested Mr. Flint [City Manager] to write a letter to East Bay Regional Park District [EBRPD]; that she would like to hear how each Councilmember stands- -whether or not they are in support of said letter; and inquired what action will be taken if the City does not receive a positive response from EBRPD. Mayor Appezzato explained that the City Council ^annot address non- agenda items; requested the City Manager to contact Ms. Jefferson tomorrow; and suggested that Ms. Jefferson contact each Councilmember individually to determine where they stand. Ms. Jefferson further inquired what is required to place said matter on the agenda, to which Mayor Appezzato responded when the matter is ready, it will be placed on the agenda; to place a matter on the agenda without coming to a conclusion is a waste of the Council's and public's time. (98-460) Ellie Burke, Alameda, stated that she has used the Dog Park on a daily basis for approximately 1 1/2 years; in the past month, she has written several letters to the Recreation Department staff concerning the Main Street [Dog] Park; none of said letters were answered; she wrote to Mr. Flint and received a prompt response from him; since writing Mr. Flint, she received a letter from the Park and Recreation Department stating they would respond [to her letters]; she would like a response from Council regarding the EBRPD Lease; until said matter is resolved, it should be a Regular Council Agenda Item; those interested in the Dog Park should not have to wait until everything is done to ask what action is being taken; this tells us the Dog Park issue is last on the agenda of the City Council. Mayor Appezzato requested the City Manager to contact Ms. Burke and stated that she has the privilege to contact each Councilmember to ask where they stand. (98-461) Robert Limon, Alameda, stated on July 2nd the Police beat his door down; Officer Ron Simmons and Sergeant Fuentes beat him to the ground with no search warrant and stated that he was [operating] a drug conspiracy and in probable cause of having a methamphetamine drug laboratory; that he has been in the City for Regular Meeting Alameda City Council August 18, 1998 40 years; he lived at 1440 Caroline Street with his grandmother since the 1950's; it is unfair for them [Police Department] not to have a search warrant; his civil rights were violated; it has cost thousands of dollars to investigate him for something he did not do; another issue is they [Police Department] gave him a ticket for trespassing; he believes there is racism in Alameda; he is a Mexican-American; that he does not know why they are doing this; he has been intimidated; the President lies; the Police in Alameda lie; he was willing to submit to a drug test; that he does not have a drug amphetamine laboratory--never did, never will; he is an artist in this community; his band, the Psychotic Pineapples, is a political band; he is going to a psychiatrist regarding this and several doctors; his foot was broken; he cannot make an incident report at the Police [Department] because every time he goes there, it is closed. COUNCIL COMMUNICATIONS (Communications from Council) (98-462) Mayor's nomination for appointment to the Golf Commission. Mayor Appezzato nominated Connie Wendling for reappointment to the Golf Commission. (98-463) Written Communication from League of California Cities and Designation of Voting Delegate for League's Annual Conference. Councilmember Lucas moved that the Mayor serve as the voting representative and that she serve as the alternate. Vice Mayor DeWitt seconded the motion, which carried by unanimous voice vote - 5. (98-464) Councilmember Daysog stated a question was raised regarding the Dog Park; his understanding is that an Agreement, which allows some flexibility, has been struck between the City of Alameda and EBRPD; the City has a process in place. (98-465) Councilmember Daysog stated regarding the question of Police brutality, the City of Alameda Police Department has done an excellent, professional job on behalf of Alameda; the Police Department has recommended closing facilities which are places of tremendous disturbance; a Police Department such as Alameda's deserves to be commended; there have been incidences of racism in the past, however, he knows every officer from Chief Matthews down has worked hard to improve the image of Alameda and to improve the quality of service. (98-466) Councilmember Lucas requested an off-agenda staff report responding to concerns raised by the citizen regarding Police brutality. Regular Meeting Alameda City Council August 18, 1998 (98-467) Mayor Appezzato stated regarding the Dog Park, the City has asked EBRPD to reconsider [Lease]; said matter will be an Agenda Item when EBRPD reconsiders putting a Dog Park on the land in trust from the citizens of the State of California. (98-468) Councilmember Kerr suggested citizens attend EBRPD meetings. (98-469) Councilmember Kerr stated a resident purchased a [automatic] tennis ball machine; there are electrical outlets at Washington Park; during the winter the outlets were not available because breakers were tripped; the Recreation Department has placed locks on the tennis court outlets; using said outlets for non- teaching, non-commercial purposes should be permitted; citizens have received keys to unlock City outlets in the past; staff should review a "key" policy or another solution to allow people to bring ball machines into tennis courts for non-commercial use. (98-470) Vice Mayor DeWitt inquired when the new Public Works Director will be introduced to Council. The City Manager stated the new Public Works Director is Matt Naclerio; he begins work on August 24th and will attend the September 1st Council meeting. (98-471) Mayor Appezzato stated the Alameda Association of Realtors would like to assist the City in moving forward with Urban Design [Review]; directed staff to meet with the Alameda Association of Realtors and provide a report to Council on how the City can use their [Association of Realtors'] services; if direction is needed from the Council, said matter should be placed on an agenda. ADJOURNMENT There being no further business, Mayor Appezzato adjourned the Regular Meeting at 8:56 p.m. Respectfully submitted, D ane B. Felsch, CMC City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council August 18, 1998