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2003-08-05 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - AUGUST 5, 2003 - - 7:30 P.M. Mayor Johnson convened the Regular Meeting at 8:08 p.m. ROLL CALL - Present: Councilmembers Daysog, Kerr, Matarrese, and Mayor Johnson - 4. Absent: None. AGENDA CHANGES (03 -357) Mayor Johnson announced that the Public Hearing to consider joining the Joint Powers Authority [paragraph no. 03 -367] was pulled from the Consent Calendar and moved to the Regular Agenda. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (03 -358) Briefing by the Library Director and Chair of the Library Building Team on the Main Library Project. The Library Director stated materials and furnishings would soon be selected by the Library Building Team (LBT); design decisions would fall within the parameters of the schematic drawings approved by Council; the LBT is working with the Architect and Construction Manager to ensure that there is a sustainable or "green" design, which includes alternative energy sources and use of recycled and renewable materials; projections show the project is within budget and on schedule; construction should begin July 2004 and should take thirteen to fifteen months. Mayor Johnson inquired when the design would be finalized, to which the Library Director responded design would be presented to the Planning Board and City Council in September or October. Councilmember Matarrese encouraged the Library Director to keep up the good work. The LBT Chair reviewed the LBT sub - teams' activities. Councilmember Kerr inquired whether the LBT art sub -team was working with the Arts Council, to which the LBT Chair responded in the affirmative. Councilmember Matarrese thanked all the volunteers involved with the project, including the Friends of the Library; stated volunteers should inform the Council if any help is needed. Regular Meeting 1 Alameda City Council August 5, 2003 CONSENT CALENDAR Mayor Johnson announced that the recommendation to adopt Plans and Specifications and authorize Call for Bids for Landscape Maintenance of Median Strips and Special Areas [paragraph no. 03- 362] was removed from the Consent Calendar for discussion. Vice Mayor Daysog moved approval of the remainder of the Consent Calendar. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 4. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *03 -359) Minutes of the Special Joint City Council and Community Improvement Commission Meeting held on July 1, 2003 and July 22, 2003; the Special and Regular City Council Meetings held on July 15, 2003; and the Special City Council Meeting held on July 22, 2003. Approved. ( *03 -360) Recommendation to accept for Period Ending June 30, 2003 for Calendar Quarter of 2003. Accepted. the Quarterly Sales Tax Report Sales Transactions in the First ( *03 -361) Recommendation to accept the Quarterly Investment Report for Period Ending June 30, 2003. Accepted. (03 -362) Recommendation to adopt Plans and Specifications and authorize Call for Bids for Landscape Maintenance of Median Strips and Special Areas for the Period November 2, 2003 through June 30, 2004, No. P.W. 06- 03 -13. Mayor Johnson stated the community of Harbor Bay Isle is willing to contribute toward maintenance of median strips in certain areas; inquired whether said areas were included in the plans. The Acting City Manager stated the City removed the Harbor Bay median acreage from the plans to allow Harbor Bay to provide the service for the City. The Public Works Superintendent stated that he met with Harbor Bay Isle (HBI) representative Tom Jordan; Mr. Jordan indicated that HBI is interested in maintaining landscaping on Island Drive, Mecartney Road and Robert Davey Jr. Road; said areas were eliminated from the plans; the City is in the process of negotiating and entering into Regular Meeting 2 Alameda City Council August 5, 2003 a Contract with HBI. Mayor Johnson stated the City had a problem with the contractor; inquired whether contracts include provisions to deal with unsatisfactory performance. The Public Works Superintendent responded in the affirmative. Mayor Johnson inquired what types of provision are included, to which the Public Works Superintendent responded the City has the right to terminate on five days' notice. Mayor Johnson inquired whether money would be returned to the City in the event of overpayment, to which the Public Works Superintendent responded the City only makes payment after work has been performed. Mayor Johnson noted the City has had to spend money to go out to bid; inquired whether the City has considered damage provisions. The Public Works Superintendent responded the City is looking into the matter; stated the agency is federally funded; there is a possibility that the City will receive liquid damages. Mayor Johnson inquired whether the City could review putting liquidated damages provisions into contracts, to which the Public Works Superintendent responded contracts include a performance bond and payment bond. Mayor Johnson requested that staff review adding a provision in contracts to decrease the amount of effort necessary to seek payment in the event of unsatisfactory performance. The Acting City Manager responded staff would follow up. Vice Mayor Daysog requested a report reviewing how City departments deal with performance issues when there are problems. The Acting City Manager noted that City crews began handling the landscaping and revived plants. Mayor Johnson stated contracts should include a damage provision; the contractor allowed City property to deteriorate and the City has had to spend time to return land to its prior condition. Councilmember Matarrese noted City staff were taken off of projects to complete the contractor's work; stated the entrances to the City are dismal due to the contractor's lack of attention. Regular Meeting 3 Alameda City Council August 5, 2003 The City Attorney stated the report to Council would include information on performance bonds and contract damage provisions; noted the City would be looking to the contractor for the problems caused. Mayor Johnson inquired whether the matter would return to Council after the bids are submitted. The Public Works Superintendent responded staff would return to Council with a report recommending selection of a particular contractor. The City Attorney stated the action tonight is to have the Council adopt the plans and specifications, authorize calling for bids and direct the City Clerk to advertise; the Contract would return to Council for approval. Councilmember Matarrese moved approval of the staff recommendation. Vice Mayor Daysog seconded the motion, which carried by unanimous voice vote - 4. ( *03 -363) Recommendation to adopt Plans and Specifications and authorize Call for Bids for the Littlejohn Park Upgrades Project, No. P.W. 03- 03 -06. Accepted. ( *03 -364) Recommendation to accept the work of Gallagher and Burk, Inc. for Repair and Resurfacing of Certain Streets, Phase 23, No. P.W. 08 -02 -10 and transfer Funds from the Sewer Fund to CIP 82 -01. Accepted. ( *03 -365) Resolution No 13621, "Authorizing Open Market Purchase of Five Police Vehicles for the Police Department Pursuant to City Charter Section 3 -15." Adopted. ( *03 -366) Ratified bills in the amount of $11,781,612.50. REGULAR AGENDA ITEMS (03 -367) Public Hearing to consider joining Joint Powers Authority and supporting issuance of Bonds for Oakmont Senior Living Facility at 2415 Mariner Square Drive; (03 -367A) Resolution No. 13622, "Approving, Authorizing and Directing Execution of an Amended and Restated Joint Exercise of Powers Agreement Relating to the California Statewide Communities Development Authority;" Adopted; and Regular Meeting 4 Alameda City Council August 5, 2003 (03 -367B) Multifamily Communities Resolution No. 13623, Housing Revenue Bonds Development Authority." "Approving the Issuance of by the California Statewide Adopted. There being no speakers, Mayor Johnson opened and closed the public portion of the Hearing. Councilmember Kerr stated there is not a direct financial impact to the City of Alameda; the statewide authority would issue the bonds; inquired whether joining the Authority would cause the City to face other consequences. The Community Development Manager stated the only consequence is positive; the City would be provided with another opportunity to avail itself of bond financing; the Statewide Development Authority was created by the League of California Cities for said purpose and is an economic development tool used by hundreds of cities and counties in California. Councilmember Kerr inquired whether there are consequences if the developer defaults on the bonds, to which the Community Development Manager responded there are consequences for the developer and the authority, but no consequences for the City. Mayor Johnson noted that the project would include the construction of a 98 -room senior care facility, would generate $164,000 in affordable housing unit fees and would generate between $4 and $5 million in Business and Waterfront Improvement Project (BWIP) tax increment; stated joining the Authority would benefit the City. Councilmember Kerr moved adoption of the resolutions. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 4. (03 -368) Ordinance No 2904, "Amending Alameda Municipal Code by Amending Subsection 3 -59.17 (a) (Filing Claim) of Subsection 3- 59.17 (Refunds) of Section 3 -59 (Utility Users Tax), of Chapter III (Finance and Taxation) to Shorten the Filing of Claim Period from Three Years to One Year." Finally Passed. Councilmember Kerr moved final passage of the Ordinance. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 4. (03 -369) Recommendation to authorize issuance of a Request for Regular Meeting 5 Alameda City Council August 5, 2003 Proposal for a Comprehensive Study of Measure A and to authorize expenditure of General Fund Reserves to conduct the study. The Planning and Building Director stated the proposal before Council suggests that a study be completed in three phases over a nine -month period for a cost not to exceed $150,000; the consultant team would be selected by staff and Board /Commission members. Vice Mayor Daysog stated Measure A has been part of Alameda for over 25 years; a full [5 person] Council should deliberate over the matter; suggested that information be gathered from residents tonight and that the matter return in September with any necessary refinements. Proponents: Jon Spangler, Alameda (submitted letter); Scott Brady, Historical Advisory Board Chair; Lynette Lee, East Bay Asian Local Development Corporation and Renewed Hope; Michael Kusiak, Alameda; Tom Matthews, Renewed Hope (submitted letter); William Smith, HOMES (Housing Opportunities Make Economic Sense); Michael Yoshii, Renewed Hope; Laura Thomas, Renewed Hope; and Helen Sause, HOMES. Opponents: Rob Ford, Alameda; Dr. Alice Challen, Alameda; Kevin Kearney, City Auditor; Susan Battaglia, Alameda; Jim Sweeney, Alameda; Cary Dictor, Alameda; Ginni Dofflemyer, Alameda; Ed Murphy, Alameda; Lil Arnerich, former Councilmember; Diane Coler- Dark, Alameda; Darlene Banda, Alameda; Dorothy Boynton, Alameda; Ray Bolton, Alameda; Linda Larkin, Alameda; Len Grzanka, Alameda; Kevin Jordan, Alameda; Frank George, Alameda; Noel Folsom, Alameda; Johanne Dictor, Alameda; and Albert Gaster, Alameda. Councilmember Kerr stated that she reviewed Census 2000 figures for every city in Alameda County; in 2000, Measure A had been in effect for 28 years; there are myths, such as Alameda is overwhelmingly composed of single- family dwelling units; the fact is Alameda has the smallest percentage of single- family dwelling units of every city in Alameda County, except Emeryville; in terms of diversity, the percentage of non -white residents in the City falls in the middle of Alameda County cities; 51.80 of Alameda's populations is comprised of the workforce, retired or homeless; Alameda is doing well at housing retired people, people in need and the workforce; that she has a distrust of consultants; numbers prepared by the US Census were compiled by people who have never heard of Measure A; a study should rely on numbers which already exist; the Council voted to have 250 of new units constructed at Alameda Point be subsidized housing; there will be 150 [subsidized housing] in other redevelopment areas; said analysis provides a snapshot of the City's past and future; the City does not need to spend $150,000 to determine what has happened or what will happen. Regular Meeting 6 Alameda City Council August 5, 2003 Vice Mayor Daysog stated of the 29 speakers, 20 encouraged the Council not to spend $150,000 on a study of Measure A; Measure A is very simple and straightforward; Measure A has served Alameda very well, has saved many neighborhoods, preserved the historical character and limited density and traffic problems; there is still tremendous support for Measure A in the community; a decision should not be made tonight; people should continue thinking about Measure A as it relates to Alameda Point; developing Alameda Point will cause traffic impacts; the challenge is developing Alameda Point with a vision of Alameda and without causing more traffic; there should be an alternative that encourages public transit, such as senior housing which produces less traffic impacts; any solution must be linked with traffic mitigations and good transit planning; the staff report is broad and should be tightened up; Census data indicates more people in high density areas in Alameda, such as Bridgeport or the Willows, drive single- occupancy vehicles to work; high density housing does not necessarily mean there will be public transit; good planning is needed; if there are not workable solutions, Measure A should not be modified, even for Alameda Point; the pulse of the community is quite clear; requested closer evaluation prior to spending $150,000 and speakers' comments be taken into consideration to refine the report. Councilmember Matarrese stated there should be a study to obtain current data; $150,000 is a large amount to spend on the study; requested that staff review the cost estimate and timing of the study; concurred with revisiting the matter with a full Council. Mayor Johnson stated Council would not vote on the matter tonight; concurred with Vice Mayor Daysog's suggestions; requested that staff review spending $150,000, tighten the process and scope and consider the public's comments. The Acting City Manager stated that Council has directed staff to tighten up the scope and timeline of the study, review cost estimates, wait for a full Council and listen to the public's comments. Mayor Johnson stated the transportation issues raised should be considered along with all other public comments. The Acting City Manager stated the matter would return at a later date. Regular Meeting 7 Alameda City Council August 5, 2003 ORAL COMMUNICATIONS, NON- AGENDA (03 -370) Linda Larkin, Alameda, stated there are code violation problems at 2517 Clement Avenue; that City staff have not addressed the problem; during the last six months, roofs have been built over two containers that are being used as buildings; that she received an offer for mediation and the City would not agree to participate. Mayor Johnson requested staff to provide a report on the status; stated that she would meet with Ms. Larkin after the report is completed. (03 -371) Jon Spangler, Alameda, stated the City's retail workshop indicated that transportation, housing, commercial development, and retail redevelopment connections need careful review; further stated that Marie Gilmore is the best candidate to fill the vacant Council seat. (03 -372) Noel Folsom, Alameda, stated that the City does not provide enough notice for meetings on important matters; requested that the City address the issue. (03 -373) Lil Arnerich, former Councilmember, noted that Council did not take action on Measure A; complimented the Council for its conduct during the meeting; suggested that the City Attorney review whether residents in favor of changing Measure A could pay to place the matter on the ballot. (03 -374) Michael Kusiak, Alameda, stated a working group has been organized to review the dog park sublease between the East Bay Municipal Parks District and the City; the group would like to establish a committee with non- profit status to raise funds for improvements; the group has been working with City staff; the group is hoping for a kickoff event in September or October. COUNCIL COMMUNICATIONS (03 -375) Mayor Johnson announced that the Council interviews would be held on Thursday, August 7; proposed that each applicant be given a maximum of 15 minutes time, 10 minutes to respond to the prepared questions and 5 minutes for follow up questions from the Council; noted Councilmembers could comment on the suggestion at the meeting; stated that applicants should be aware of the proposal in order to prepare for the timeframe. (03 -376) Councilmember Kerr thanked everyone who attended the meeting; stated having speakers on both sides of an issue is beneficial. Regular Meeting 8 Alameda City Council August 5, 2003 (03 -377) Councilmember Kerr stated that the City should review replacing bollards, which have been destroyed by traffic, at the intersection of Buena Vista Avenue and Willow Street. (03 -378) Councilmember Kerr stated there have been increasing complaints about motorized scooters; there has been debate about whether the City's laws are enforceable; requested a report on existing laws and on what laws need to be put on the books if existing laws are not sufficient. (03 -379) Councilmember Kerr stated there is an abandoned car on Eagle Avenue near Sherman Street; that the tow sticker on the vehicle has faded; requested that staff review the matter. (03 -380) Vice Mayor Daysog stated that he requested a review of providing golf privileges to regional elected officials who reside in Alameda; staff's response was that the matter would be reviewed on a case -by -case basis; Alameda has a variety of businesses; one business has $1 billion in sales; requested that the Golf Commission review providing golf access for regional leaders and ways to network with the business community. The Acting City Manager stated the Golf Commission responded to Vice Mayor Daysog's request; that staff would submit both matters to the Golf Commission for consideration. (03 -381) Mayor Johnson requested that Public Works give a presentation on the bidding and contracting process, including the number of fiscal year contractors and their scope of work. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Regular Meeting at 10:29 p.m. Respectfully Submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting 9 Alameda City Council August 5, 2003