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2004-02-17 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - FEBRUARY 17, 2004 - - 7:30 P.M. Mayor Johnson convened the regular meeting at 8:33 p.m. ROLL CALL - Present: Councilmembers Daysog, Gilmore, Kerr, Matarrese and Mayor Johnson - 5. Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (04 -057) Presentation by the Bay Area Commuters for Transportation Solutions on the Regional Measure 2, which will be on the March 2, 2004 ballot. Steve Castleberry, Water Transit Authority, gave a Power Point presentation. Dolores Jaquez, AC Transit, outlined the benefits Measure 2 provides for AC Transit. (04 -058) Proclamation recognizing Toastmasters International's 80th anniversary and declaring the week of February 21 -28, 2004 as Toastmasters Week in the City of Alameda. Mayor Johnson read the Proclamation and presented it to Mike Sheppard, Toastmasters. CONSENT CALENDAR Mayor Johnson announced that the recommendation to terminate the contract of Thomas D. Eychner Company, Inc. [paragraph no. 04 -0611; the recommendation to accept the City of Alameda Investment Policy [paragraph no. 04 -064], and the recommendation to authorize the City Manager to execute an Exclusive Negotiating Agreement with Ballena Isle Marina and Mission Valley Properties [paragraph no. 04 -0661 were removed from the consent calendar for discussion. Councilmember Kerr moved approval of the remainder of the Consent Calendar. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote - 5. Regular Meeting Alameda City Council 1 February 17, 2004 [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *04 -059) Minutes of the Special Joint City Council and Public Utilities Board Meeting held on January 27, 2004; the Special City Council Meeting held on January 28, 2004; the Special and Regular City Council Meetings held on February 3, 2004. Approved. ( *04 -060) Recommendation to accept the work of Gallagher and Burk for repair and resurfacing of certain streets, Phase 24, No. P.W. 07- 03 -14, and allocate $185,000 from Traffic Congestion Relief Funds for the project. Accepted. (04 -061) Recommendation to terminate the Contract of Thomas D. Eychner Company, Inc., approve the Plans and Specifications and authorize Call for Bids for the demolition of 2310 Lincoln Avenue, No. P.W. 08- 03 -16. Councilmember Matarrese stated that he has concerns with: 1) the additional testing resulting in a $250,000 to $300,000 overage; 2) project delay; 3) re- bidding costs; 4) who would be accountable for costs; and 5) the impact of additional costs on the overall budget. Councilmember Gilmore stated that cost savings was one of the main reasons for having a separate contractor for demolition; inquired whether the cost savings potential has changed. The Supervising Civil Engineer responded having demolition completed as a separate contract shortens the construction schedule by approximately 2 months; separate contracts make coordination and administration easier; the original test in 2002 was completed for the grant application and was limited to six rooms because other rooms were occupied; after the Linoaks was vacated, additional testing was considered; the City's consultant felt that sufficient samples of the stucco, sheetrock and interiors of the rooms were not completed; the overall schedule should not be affected by re- bidding; the ground breaking scheduled for late July should be met; demotion should take place in June; the project budget has a contingency of approximately $1,050,000; $150,000 of the contingency has been committed for additional professional liability insurance for the architect and appraisal cost; approximately $900,000 remains in contingency for the project. Mayor Johnson inquired what could be done to keep the project on track, to which the Supervising Civil Engineer responded that the advertising period could be shortened to the State minimum of two weeks. Regular Meeting Alameda City Council 2 February 17, 2004 Mayor Johnson inquired how the overall project would remain on track, to which the Supervising Civil Engineer responded 700 of the construction drawings have been completed; the architect was on schedule with production of drawings; submittals to the State have been scheduled to obtain the building permit; that he does not foresee any delays. Mayor Johnson inquired whether a schedule could be provided to Council, to which the Supervising Civil Engineer responded in the affirmative. Councilmember Gilmore inquired what the benefits would be in having a separate demolition and construction contract, to which the Supervising Civil Engineer responded benefits would be in the scheduling. Councilmember Matarrese inquired whether any redress would be pursued from the original testing and certification. The Supervising Civil Engineer responded that discussion with the City Attorney would be needed; that he does not feel the overall construction costs have been affected because abatement was necessary regardless of the original survey's thoroughness. Mayor Johnson stated the project's time would be impacted. Councilmember Gilmore stated if everything goes perfectly, demolition would be completed about the time of groundbreaking; that she does not have confidence and would have preferred some lead -time before groundbreaking. The City Manager stated that staff would provide a report on possible recourse from the first test and potential penalties that could be included in future contracts; that monthly reports would be provided to Council. Councilmember Matarrese stated he would like to set a threshold for problems; notification should be warranted when drawing down on close to half of contingency; that he wants to be kept abreast of problems. The City Manager stated that most issues would be sorted out on a daily basis with the construction manager and the project manager; major problems would be brought to Council's attention immediately. Mayor Johnson stated that it would be good for Council to be able to tract the budget on a regular basis. Regular Meeting Alameda City Council 3 February 17, 2004 The City Manager stated that he would provide a copy of the adopted budget as an attachment to the monthly report. Councilmember Kerr inquired whether the new demolition and construction contracts would have penalty clauses for failure to meet deadlines, to which the City Manager responded that staff would provide an off - agenda report on the matter. Mayor Johnson inquired whether Council could provide direction to include a penalty clause in the contract, to which the City Attorney responded in the affirmative. Vice Mayor Daysog moved approval of the staff recommendation. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. ( *04 -062) Recommendation to accept Quarterly Financial Report for period ending December 31, 2003, including approval of midyear adjustments. Accepted; and ( *04 -062A) Recommendation to amend Fiscal Year 2003 -2004 Capital Improvement Program to include additional projects. Accepted. ( *04 -063) Recommendation to accept Quarterly Investment Report for period ending December 31, 2003. Accepted. (04 -064) Recommendation to accept the City of Alameda Investment Policy. Councilmember Matarrese inquired whether the policy could state that no investment would be made in a company that receives any revenue from production or manufacturing of cigarettes and alcohol. The Finance Director responded changes would need to be brought back to Council after City Treasurer's approval. The City Manager stated that the City has funds invested in the Local Agency Investment Fund (LAIF), which has investments in said types of firms; LAIF is a good, safe investment. The Finance Director noted the City's policy mirrors the State's. The City Manager stated that if change were suggested, the total investment policy would need to be reviewed. Mayor Johnson inquired whether requesting the policy change would Regular Meeting Alameda City Council 4 February 17, 2004 prevent investments through LAIF, to which the City Manager responded in the affirmative. Mayor Johnson questioned whether anything could be done to influence the policy of the firms in which the City invests. The City Manager stated options would be reviewed and brought back to Council. Councilmember Matarrese moved approval of the staff recommendation with a request that the City investigate a way of extricating itself or influencing vehicles of investment to eliminate supporting companies that receive revenues from production or manufacturing of cigarettes, alcohol or gambling. Vice Mayor Daysog seconded the motion, which carried by unanimous voice vote - 5. ( *04 -065) Recommendation to name the Ball Field in Lower Washington Park in memory of former Recreation and Parks Commissioner, Toby Chavez. Accepted. (04 -066) Recommendation to authorize the City Manager to Execute an Exclusive Negotiating Agreement with Ballena Isle Marina and Mission Valley Properties. Ed Rorke, Alameda, stated that he has concerns about traffic impacts; encouraged Council to leave land undeveloped. Bill Smith, Alameda, discussed waterfront property. Marti Buxton, Mission Valley Properties, urged approval of the staff recommendation; stated a geotechnical study is needed to determine whether development would move forward; many meetings with neighbors and the City would be held throughout the process. Councilmember Kerr stated the land should be tidelands trust; shorelines should not be treated as expendable space; the Marina operator has 25 years remaining on the current lease; requested staff to review the lease to determine whether there are maintenance requirements; stated that she cannot support moving forward with the parties involved. Vice Mayor Daysog stated that any decision would be subject to the final design, setbacks and available open space; the site has a history of blight; the current property has not been improved; improvements could benefit residents; the challenge would be in good design. Regular Meeting Alameda City Council 5 February 17, 2004 Councilmember Kerr concurred with Vice Mayor Daysog on the present condition of the site; stated the City has not protested the management of the site; that she does not have confidence in the current Marina operators. Mayor Johnson noted the operator of the Marina would not be the developer. The City Attorney stated that staff would address the enforceability of maintenance under the current contract. Councilmember Kerr inquired whether there are any enforcement clauses in the current contract with the Marina operator, to which the Redevelopment Manager responded in the affirmative. Councilmember Kerr inquired whether maintenance would be required in the future since there has not been enforcement. The City Manager stated improvements need to be made to the Marina; that he would review possible recourses with the City Attorney. Councilmember Gilmore inquired whether the Exclusive Negotiating Agreement (ENA) was with Mission Valley Properties or Ballena Isle Marina. The City Attorney responded Mission Valley Properties; stated Ballena Isle Marina has an ENA through the current lease. Councilmember Gilmore inquired whether authorization of the ENA changes anything with Ballena Isle Marina, to which the City Manager responded in the negative. Mayor Johnson stated a contract with substance should be established; the City should ensure compliance; the process should move forward. Councilmember Matarrese moved approval of the staff recommendation. Councilmember Matarrese stated the ENA was a preliminary step for development of almost 10 acres of shoreline; removal of blight is an incentive to move forward; in a parallel path, the City can enforce the Marina contract; the City Attorney would work on said matter. Vice Mayor Daysog seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Daysog, Gilmore, Matarrese, and Mayor Johnson - 4. Noes: Councilmember Kerr - 1. Regular Meeting Alameda City Council 6 February 17, 2004 Councilmember Matarrese noted that there would be numerous opportunities for public input. ( *04 -067) Resolution No. 13681, "Support of Regional Measure 2, Regional Traffic Relief Plan." Adopted. ( *04 -068) Resolution No. 13682, "Authorizing the Purchase of Four (4) Vehicles Using the State of California Department of General Services, Procurement Division, Competitive Bid Award." Adopted. ( *04 -069) Resolution No. 13683, "Appointing an Engineer and an Attorney for Island City Landscaping and Lighting Assessment District 84 -2." Adopted. ( *04 -070) Resolution No. 13684, "Appointing an Engineer and an Attorney for City of Alameda Maintenance District 01 -l." Adopted. ( *04 -071) Ratified bills in the amount of $4,148,909.29. REGULAR AGENDA ITEMS (04 -072) Resolution No 13685, "Appointing Nancy Gormley as a Member of the Housing Commission." Adopted. Vice Mayor Daysog moved adoption of the Resolution. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath and presented Ms. Gormley with a Certificate of Appointment. Ms. Gormley thanked the Council for the opportunity to serve as a member of the Housing Commission. (04 -073) Recommendation to send a letter in opposition to Senate Bill 744. Councilmember Kerr stated the Bill allows developers to appeal local governments' land -use decisions to the State; authority would be taken away from cities that do not have certified Housing Elements and given to the non - elected State body responsible for approving Housing Elements; developers would have greater latitude in proposing housing, not only in zoned residential areas, but also in areas zoned for commercial use; potentially, the Fleet Industrial Supply Center and Alameda Point projects could be taken completely out of the City Council's purview. Regular Meeting Alameda City Council 7 February 17, 2004 The City Manager stated Senate Bill 744 is a very bad piece of legislation, which erodes the Council's control to govern and determine the community's future. Vice Mayor Daysog stated that the Bill was a complicated issue; that he respects concerns raised but would abstain; that he needs more information. Councilmember Kerr stated that information on the Bill could be obtained on the State's Web site. Mayor Johnson inquired what the Bill's status in Sacramento, to which Councilmember Kerr responded that the Bill passed the Senate and was currently on the Assembly floor, making the matter urgent. Councilmember Kerr moved approval of the staff recommendation. Councilmember Matarrese seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Gilmore, Kerr, Matarrese, and Mayor Johnson - 4. Abstentions: Vice Mayor Daysog - 1. (04 -074) Alameda Repair - Resolution No. 13686, "Declaring Support for Measure C - Unified March 2, School District Bond Measure for Alameda School 2004." Adopted. Bob Reeves, Board of Education, stated that the Proposition was a win -win for everyone; urged Council support. Don Sherratt, Alamedans for Better Schools 2004, stated that the public school system needs support; Measure C would repair Alameda schools up to current legal standards without raising taxes; urged support. David Forbes, Alamedans for Better Schools 2004, stated property taxes would not be raised; Measure C would allow the School District to access $17 million in State matching funds; money would go to other communities if the Measure does not pass; urged support. Councilmember Kerr stated that the existing tax exempts senior home owners; the exemption was not included in Measure C; the Measure states that there would be no increase in existing tax rates; the School District advised her that senior homeowners would not be exempt from Measure C; the ballot argument states Measure C would not increase property taxes, which is not true. Regular Meeting Alameda City Council 8 February 17, 2004 Mr. Forbes stated there is confusion between the 1989 bond, which did not exempt seniors, and the school parcel tax of November, 2001, which included a senior exemption; Government Code allows a senior exemption in parcel tax measures; however, seniors cannot be exempted from bond measures; the bond would extend the current level of taxation and would not increase taxes. Mayor Johnson stated that there are two separate issues a parcel tax and a bond; the [1987] bond would be extended through Measure C; payment of the bond would simply continue. Councilmember Matarrese stated Measure C was an extremely important and creative way of improving the infrastructure of schools. Councilmember Matarrese moved adoption of the resolution. Councilmember Gilmore urged support of the bond; stated children need to be educated in a safe environment; property values increase in premium school districts. Vice Mayor Daysog stated that good schools are the foundation of great communities; schools sell communities; urged support of Measure C. Councilmember Gilmore seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Daysog, Gilmore, Matarrese and Mayor Johnson - 4. Abstentions: Councilmember Kerr - 1. (04 -075) Initiative Take Local Resolution No. 13687, "Supporting to Require Voter Approval Before Tax Funds." Adopted. a Statewide Ballot State Government May The City Manager stated the statewide initiative would help protect the future of cities in the State; urged support. Councilmember Kerr stated the initiative would demonstrate that cities are capable to passing a statewide issue; tax seizure keeps becoming more critical; the initiative protects the City's future. Councilmember Kerr moved adoption of the resolution. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON- AGENDA (04 -076) Bill Smith, Alameda, discussed weather. Regular Meeting Alameda City Council 9 February 17, 2004 COUNCIL COMMUNICATIONS (04 -077) Consideration of Mayor's nomination for appointment to the Planning Board. Mayor Johnson nominated Margaret McNamara to the Planning Board. ADJOURNMENT There being no further business, Mayor Johnson adjourned the regular meeting at 10:25 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council 10 February 17, 2004