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2004-09-07 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - SEPTEMBER 7, 2004 - - 7:30 P.M. Mayor Johnson convened the regular meeting at 8:08 p.m. ROLL CALL - Present: Councilmember Daysog, Gilmore, Kerr, Matarresse and Mayor Johnson - 5. Absent: None. AGENDA CHANGES Mayor Johnson announced that the discussion regarding development of a policy that governs private use of City of Alameda parks [paragraph no. 04 -4701 would be addressed before Oral Communications. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (04 -445) Presentation to the Fourth of July Committee recognizing their efforts for a successful Mayor's Fourth of July Parade. Continued to September 21, 2004. (04 -446) Presentation of Certificates of Service to: Jean C. Gaskill, Civil Service Board; Doug deHaan, Economic Development Commission; Scott Brady, Historical Advisory Board; Neil G. Coe, Frederick A. Chew and Lee Stuart Darrow, Housing and Building Code Hearing and Appeals Board; C. Richard Bartalini, Susan Jeffries and Michael Torrey, Housing Commission; and Gary Bard, Planning Board. Mayor Johnson presented certificates to Scott Brady, Neil Coe, Lee Stuart Darrow, and Michael Torrey and thanked all members for their service to the City. (04 -447) Proclamation declaring September 19, 2004 as Craftsman Day throughout the land of Alameda. Mayor Johnson read and presented proclamation to Judith Lynch, Alameda Legacy Home Tour Committee. Ms. Lynch thanked the Council for the proclamation; stated Craftsman Day is the most important fundraiser for the Alameda Museum and Preservation Society. (04 -448) Presentation by West Alameda Business Association regarding the Peanut Butter and Jam festival. Ed Clark, West Alameda Business Association (WABA), presented wine Regular Meeting Alameda City Council 1 September 7, 2004 to Council and thanked the sponsors of the Peanut Butter and Jam festival. Sherri Stieg, WABA, invited everyone to the festival. Mayor Johnson stated that last year's festival was a great success and this year's event is sure to be successful also. (04 -449) New Main Library Project update. The Project Manager provided a brief update and budget outline on the Library Project. Vice Mayor Daysog inquired whether the rebidding process would pose a risk for losing the State grant, to which the Project Manager responded the grand would only be lost if square footage was reduced. (04 -450) Councilmember Kerr announced that the Art in the Park would take place at Jackson Park on Sunday, September 12, 2004. CONSENT CALENDAR Mayor Johnson announced that the recommendation to reject the sole bid for the New Main Library Project [paragraph no. 04 -456] was 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. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *04 -451) Minutes of the Special City Council Meeting of August 11, 2004, Special City Council Meeting, Special Joint City Council and Alameda and Redevelopment Authority Meeting, and Regular City Council Meeting held on August 17, 2004, and Special Closed Session and Special City Council Meeting held on August 24, 2004. Approved. ( *04 -452) Recommendation to accept the Quarterly Investment Report for the period ending June 30, 2004. Accepted. ( *04 -453) Recommendation to accept the Annual Investment Report for Fiscal Year 2002 -04. Accepted. Regular Meeting Alameda City Council 2 September 7, 2004 ( *04 -454) Recommendation to accept the Quarterly Financial Report for the period ending June 30, 2004. Accepted. ( *04 -455) Recommendation to award Contract in the amount of $174,383, including contingencies, to Republic Electric for Crosswalk In- Pavement Lights (SR2S) for Donald Lum and Haight Elementary Schools, Wood and Chipman Middle Schools, No. P.W. 01- 04-01. Accepted. (04 -456) Recommendation to reject the sole bid; approve a finding that the construction of the Alameda Free Library - New Main Library Project, No. P.W. 01- 03 -01, constitutes a great necessity or emergency that requires immediate action, and authorize the City Manager to negotiate an Agreement with S.J. Amoroso Construction. Marilyn Ezzy Ashcraft, Library Building Team, urged approval of the staff recommendation. Robb Ratto, PSBR, urged approval of the staff recommendation. Councilmember Kerr inquired whether the agreement with S.J. Amoroso would return to Council for approval, to which the City Manager responded in the affirmative. Councilmember Matarrese inquired whether the project could be rebid if the project estimate was not acceptable, to which the Project Manager responded in the affirmative. Councilmember Matarrese stated that he supports the staff recommendation; Council would review the value engineered components; there is an opportunity to work with a premier construction firm; the Library project is more difficult than the Webster Street streetscape project. Vice Mayor Daysog stated whether Alameda is being served well by the bidding process is a question that needs to be answered; Webster Street rebidding occurred because of the sole bid was above the estimate; common practice is not having just one bidder; recommended restarting the process; sated seven months may be lost, but the City would not be at risk of losing the State grant. Councilmember Gilmore stated other City library bids have been over budget; material costs are continually rising; recommended identifying additional funding sources and the ramifications of using one source over the other. Mayor Johnson stated the Council is pleased with the library project contractor; rebidding could result in a seven -month delay; Regular Meeting Alameda City Council 3 September 7, 2004 rebidding can be done if necessary; stated that she supports the staff recommendation. Councilmember Matarrese moved approval of the staff recommendation and requested a listing of funding sources that could be used to close the gap that may occur if the project cannot be engineered down to the original estimate. Councilmember Gilmore seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Gilmore, Kerr, Matarrese and Mayor Johnson - 4. Noes: Vice Mayor Daysog - 1. ( *04 -457) Recommendation to appropriate $50,000 and authorize the Mayor to execute a Contract with Richard Hughes Consulting for recruitment of the new City Manager. Accepted. ( *04 -458) Recommendation to accept improvements and release Subdivision Bond for Tract 6877 (California Heritage Bay). Accepted. ( *04 -459) Recommendation to accept report on the Local Law Enforcement Block Grant. Accepted. ( *04 -460) Resolution No. 13758, "Authorizing the City Manager to Apply for Regional Measure 1 -2o Bridge Toll Funds for Harbor Bay Ferry Terminal Repairs, Enter into All Agreements Necessary to Secure These Funds and Re- allocate Funds from Regional Measure 1 -20 Grants." Adopted. ( *04 -461) Ratified bills in the amount of $3,859,728.22. REGULAR AGENDA ITEMS (04 -462) Resolution No. 13759, " Reappointing Harry Dahlberg as a Member of the City Economic Development Commission (Manufacturing /Industrial seat)." Adopted. Councilmember Daysog moved adoption of the resolution. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office and presented Mr. Dahlberg with a certificate of appointment. (04 -463) Resolution No. 13760, "Appointing Michael J. Schmitz as a Member of the City Economic Development Commission (Community -at- large seat)." Adopted. Regular Meeting Alameda City Council 4 September 7, 2004 Councilmember Matarrese moved adoption of resolution. Councilmember Kerr seconded the motion, which carried by unanimous voice vote -5. The City Clerk administered the Oath of Office and presented Mr. Schmitz with a certificate of appointment. (04 -464) Resolution No. 13761, "Reappointing Gail Wetzork as a Member of the City Economic Development Commission (Community -at- large seat)." Adopted. Councilmember Gilmore moved adoption of the resolution. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote -5. The City Clerk administered the Oath of Office and presented Mr. Wetzork with a certificate of appointment. (04 -465) Resolution No. 13762, "Appointing Nancy Anderson as a Member of the City Historical Advisory Board." Adopted. Vice Mayor Daysog moved adoption of the resolution. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote -5. (04 -466) Resolution No. 13763, "Reappointing Robb Ratto as a Member of the City Transportation Commission." Adopted. Councilmember Kerr moved adoption of the resolution. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote -5. The City Clerk administered the Oath of Office and presented Mr. Ratto with a certificate of appointment. (04 -467) Public Hearing to consider an Appeal of the Planning Board's denial of Variances, VO4 -0006, 0007, 0008 and 0010, and denial of Major Design Review, DR04 -0026, for all development projects at 3017 Marina Drive; and adoption of related resolution. The site is located within an R -1, Single- Family Residential Zoning District. The development project includes expansion of the residence into the estuary and installation of rear yard decks. Approval is being sought for the following: 1) Variance to AMC Regular Meeting Alameda City Council 5 September 7, 2004 Subsection 30- 4.1(d)(3) (Maximum Main Building Coverage exceeding 480); 2) Variance to AMC Subsection 30- 4.1(d)(7) and Section 30 -2 (Rear Yard) because the building extends across the rear property line into the estuary; 3) Variance to AMC Subsection 30- 5.7(a) (Roof Eaves) and 30- 5.7(d) (Bay Windows) because the roof eaves above the bay windows encroach to within 3 feet from the side property line and bay windows are not permitted to encroach into side yards; 4) Variance to AMC Subsection 30- 5.7(c)(1) (Rear Yard), Subsection 30 -2 (Definitions) (Yard -Rear) and Subsection 30- 4.1(d)(7) (Rear Yard) because decks over 36- inches in height extend into the required side and rear yard setbacks; 5) Variance to AMC Subsection 30- 5.14(c) (Barrier Heights) because the windscreens around the patios exceed the maximum permitted 8 -foot height. The Planning Board found that the Variance for the bay window encroachment be withdrawn because encroachment is in compliance, subject to Design Review approval. Applicant /Appellant: Rita Mohlen. Continued to October 5, 2004. Councilmember Kerr moved that the item be continued to October 5, 2004. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote -5. (04 -468) Report on Fiscal Year 2004 -05 Budget update; (04 -468A) Introduction of Ordinance Amending the Alameda Municipal Code by Amending Subsection 3 -28.9 (Payment In -Lieu of Taxes - (PILOT); Adding a New Subsection 3 -28.10 (Return on Investments in Enterprise Funds) of Section 3 -28 (Payment of Taxes) of Chapter III (Finance and Taxation) and Adding a New Subsection 18 -4.10 (Exemptions) of Section 18 -4 (Sewer Service Charge) of Article I (Sewers) of Chapter XVIII (Sewer and Water). Not introduced; and (04 -468B) Report regarding financial support to Alameda Unified School District included in the Fiscal Year 2004 -05 Budget. Heather A. Burns, Alameda, requested an explanation of the 911 fee. The City Manager responded the 911 fee pays for 17 dispatch positions and can only apply to dispatch center costs; the 911 fee was part of the original budget adoption but was placed in abeyance; the fee is not being considered tonight. Councilmember Matarrese stated the 911 fee was not placed on the November ballot because a definite number of telephone lines was not known. Regular Meeting Alameda City Council 6 September 7, 2004 Joe Cloren, Alameda, stated there is an existing utility tax on his bill; questioned where the $4.50 911 charge goes. Mayor Johnson responded the 911 fee is in abeyance and that Council is not making any decision on the fee tonight. Mr. Cloren stated his bill is 25% tax; inquired how service is being enhanced. Mayor Johnson responded that the City adopted a master Cellular Tower Plan a couple of years ago; the cellular companies have not had the economic ability to implement the Plan; the City does not set up the infrastructure for cellular service; the best way to encourage improvement is to call the cellular companies and complain. The City Manager noted that the Utility User's Tax (UUT) was voted on by the community in November, 1998. Councilmember Kerr inquired whether the number of cellular phones could be determined by subtracting out the landline revenue from the UUT, to which the Finance Director responded the figure would result in the nominal amount billed by the cellular carriers; the rate charged by cellular companies would be needed to establish the number of cellular phones. Vice Mayor Daysog noted a Statewide emergency fee would be on the ballot in November; stated Council should review the Return on Investment (ROI) for different enterprise funds. Councilmember Kerr submitted the original sewer replacement schedule to Council; stated that she wanted to know whether sewer fund taxes are being spent according to the schedule before voting on agenda item. The City Manager stated that staff would provide an Off- Agenda report on the matter. Councilmember Gilmore stated staff was requested to provide information on the budget cut impacts to various departments; Council directed budget cuts not impact services; urged departments to increase recovery costs, if possible; stated the Planning Department cuts have gone against Council directive; the cuts make it more difficult to serve constituents, making cost recovery increases more difficult; she is hesitant to mandate a certain percentage of cuts across all departments; inquired whether transferring the Performance Improvement Program from Human Resources Department to the City Manager's office applied to the Regular Meeting Alameda City Council 7 September 7, 2004 Human Resources Department's cut. The Assistant to the City Manager responded in the negative; stated the budget for the Performance Management Program was $50,000; the Program was transferred to the City Manager's office because the City Manager's office was managing it; the City Manager's office budget was increased by $50,000; the City Manager's office cut their budget by more than 100. Councilmember Kerr stated that the budget indicates that transferring $50,000 to the City Manager's office was treated as a cut to the Human Resources Department. The City Manager stated transfer was a baseline reduction in the Human Resources' budget and was not applied to the Human Resources loo reductions. Councilmember Kerr inquired whether all Human Resources Department positions were filled, to which the City Manager responded the employee eliminated was absorbed in the Housing Authority. Councilmember Kerr requested an explanation on the layoff absorption, to which the City Manager responded collective bargaining units' Memorandum of Understanding include bumping rights. Councilmember Kerr inquired which employee was transferred from the Human Resources Department to the Housing Authority, to which the City Manager responded the Intermediate Clerk. The City Manager noted that some Human Resources Department positions are funded by enterprise departments. Councilmember Kerr inquired whether the Training Program still exists, to which the City Manager responded in the affirmative. Councilmember Kerr stated that she does not think the Training Program is in line with delivery of services to the public. Mayor Johnson stated the Council directive was to make cuts in a way that did not impact service to the public; cuts were made to public service; staff development is not a direct service to the public; inquired how the Training Program is justified. The City Manager responded that the classes directly affect employees' ability to deliver services. Councilmember Matarrese stated Council's mandate was not to cut Regular Meeting Alameda City Council 8 September 7, 2004 service to residents; library hours were cut; he cannot justify maintaining staff development classes in lieu of library hours. Councilmember Gilmore stated that she would rather have money spent on library staffing between 9:00 a.m. and 12:00 p.m. instead of staff training programs. Councilmember Kerr stated that the City operated without the training position for 150 years. The City Manager inquired whether Council would prefer to have another budget workshop, to which Mayor Johnson responded that Council has given direction; she has confidence that staff can review the budget. Councilmember Kerr stated that Council has been clear on direction; having another session would not make it any clearer. Councilmember Gilmore recommended budget cuts made resulting in the library service reduction be reviewed; stated the Planning Department is problematic; pending retirement of senior staff adds to the problem; the Planning Department's revenue comes from permit fees; fee recovery is not possible without good customer service; the 911 fee was included in the adopted budget; the City now has a large revenue gap. Vice Mayor Daysog stated filling the gap can be done in a way that satisfies the need of the public safety departments and also works within the framework of the ROI strategy; the ROI is a strategy to generate revenues from different City enterprise funds, namely, AP &T and Golf; the to ROI on the AP &T fund will generate $720,400; the to ROI for Golf will generate $190,600; changing the ROI from to to 3% for AP &T, would generate funds of $2.6 million; requested clarification on the $1.8 million revenue gap figure presented in the report. The Finance Director responded eliminating the 911 fee and the payment from the sewer fund adds up to $1.8 million. Mayor Johnson noted a reduction in the General Fund transfer from AP &T would impact the budget. Councilmember Matarrese requested an Off- Agenda report on personnel charts. Councilmember Kerr requested an explanation of the term "foregone revenue ", to which the Finance Director responded foregone revenue means revenue not collected. Regular Meeting Alameda City Council 9 September 7, 2004 Councilmember Kerr inquired whether foregone revenue is collectible, to which the Finance Director responded in the affirmative. Councilmember Kerr inquired whether the youth employment activities are part of the WAY Program and whether the Program still exists. The City Manager responded staff would provide an Off- Agenda report on the matter. Councilmember Kerr stated the Youth Collaborative was initiated by Wilma Chan and is a communication liaison between volunteer groups; inquired whether the City should fund the Program at all or at a lower rate. Mayor Johnson stated that there was only one City paid part -time staff person for the Youth Collaborative, the Youth Collaborative is a good tool for the City and staff to facilitate communication between the organizations and to keep track of issues that need to be addressed regarding youth; that she feels the $25,000 cost is a good investment. Councilmember Matarrese stated there is a $419,000 contribution to the Alameda Unified School District (AUSD) from the Police Department for 3 police officers; the return on safety is well worth the money; other AUSD charges include staff time; unless the City is willing to lay off said staff, a whole lot will not be saved. Councilmember Kerr recommended utilizing social workers at the school district instead of three sworn police officers. Councilmember Gilmore stated the crossing guards were approved in the budget. Councilmember Matarrese stated Council direction was not to lay off any sworn officers. Councilmember Kerr stated the budget was adopted with the exception of everything in the AUSD list. Mayor Johnson concurred with Councilmember Kerr. Councilmember Kerr stated Council did not vote to fund the three school resource officers. Councilmember Gilmore inquired whether the three school resource Regular Meeting Alameda City Council 10 September 7, 2004 officers were funded under the Police Department budget, to which the City Manager responded in the affirmative. Councilmember Kerr stated that she does not believe that Council agreed to fund the three positions under the Police Department. Mayor Johnson stated the budget did not include any cuts in the number of officers; Council has not decided on the school resource officers. Councilmember Matarrese stated the direction given was that the Police Chief work with the school district. Mayor Johnson stated direction was given to work with the school district on overtime staffing for football games and dances. Councilmember Gilmore stated there are still three officers approved as part of the Police Department budget; whether they would continue to act as school resource officers is still questionable; inquired whether the rest of the school district funding was not approved, with the exception of the crossing guards and resource officers Mayor Johnson responded in the affirmative. Councilmember Gilmore inquired when Council would address the balance of the school district budget and revenue sources. Mayor Johnson stated the Council needs to give direction to staff to explore how to close the budget gap; she does not envision having a 911 fee in the near future. The City Manager inquired whether Council would like an update on the additional budget gap created by the 911 fee, to which Council responded in the affirmative. Vice Mayor Daysog requested the City Manager to advise Council on whether dipping into AP &T funds would be problematic because of bond obligations and revenue expectations. Councilmember Matarrese stated Council needs to have all options revisited, including additional draw down of the reserves. The City Manager inquired whether Council direction still stands regarding public safety and the Parks and Recreation Department as top priorities from the General Fund, to which Mayor Johnson responded in the affirmative. Regular Meeting Alameda City Council 1 1 September 7, 2004 Councilmember Matarrese concurred; stated direction is with the caveat that service is the last place to be touched; the organization needs to be flattened; management staffing versus the point of service delivery needs to be reviewed; there is an indirect delivery versus the direct delivery. The City Manager stated there would be a departmental review; stated that 65% of the General Fund goes to the Police and Fire Departments. Councilmember Gilmore stated Council needs to make some difficult budget choices; cuts could be made and the gap would not be closed; ways of raising revenue should be reviewed; Council has assumed the current level of public safety is important to the community; the City needs to raise revenue in order to maintain that level; if the citizens do not support the 911 fees, Council may have overvalued public safety. Vice Mayor Daysog stated a one -day a month furlough should be considered. (04 -469) Ordinance No. 2932, "Amending the Alameda Municipal Code by Adding a New Section 24 -9 (Releases of Hazardous Materials - Cost Recovery) to Chapter XXIV (Public Health), Authorizing the Recovery Costs Incurred for the Abatement of Hazardous Materials Releases." Finally passed. Councilmember Kerr moved final passage of the ordinance. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. COUNCIL COMMUNICATIONS (04 -470) Discussion regarding development of a policy that governs private use of City of Alameda parks. Michele Hullana, Alameda Boys and Girls Club, stated the children have no where to go without the Club. Shana Hullana, Alameda Boys and Girls Club, requested Council to find a facility for Alameda's youth. Maimah A. Jennings, Alameda, stated that she hoped a new facility could be found. Erin Alfred, Alameda, stated the Club was a good place for Alameda's youth to participate in many activities. Regular Meeting Alameda City Council 12 September 7, 2004 Kim Pinson, Alameda, expressed her support for the Club. Kimberly Peters, Alameda, stated Alameda's youth need somewhere safe to go. Kesha Vennings, Alameda, stated there never seems to be money for the children. Steven Rundle, Alameda, stated the McKinley Park neighborhood is opposed to having open space used for private purposes; submitted petition. Mary Patt Glass, Alameda, stated parents should provide program options. George Phillips, Boys and Girls Club, stated the first closure notice was provided to parents through a take -home letter; a notice was posted on the building listing McKinley Park open playground area and BANANAS as options. Mayor Johnson inquired whether alternative program information could be sent to members, to which Mr. Phillips responded in the affirmative. Linda Gilchrist, Alameda, discussed the importance of Alameda Parks. Joseph Woodard, Estuary Park Advisory Committee (EPAC), stated retaining McKinley Park is important. Edward Kofman, President, Alameda Boys and Girls Club Board of Directors, stated that it makes fiscal and moral sense for the City to partner with willing and capable organizations to offer programs at Alameda's parks that would otherwise not be available. Dorothy Freeman, EPAC, stated the more open space in Alameda is important. Ginni Dofflemyer, Alameda, stated the main issue is limiting open space at McKinley Park. Norma Wall, Alameda, stated that she would prefer the school property be used for after school programs. Jean Sweeney, Alameda, stated that Alameda is underserved by parks. Jim Sweeney, Alameda, urged voting against taking away the open Regular Meeting Alameda City Council 13 September 7, 2004 space at McKinley Park. Lynn Lebo - Pianas, Alameda, stated the relocation process should be handled in a rational and honest manner. Councilmember Matarrese stated that he requested the item be placed on the agenda; the issue is not a question of the offered programs; in budget deliberations, the Council voted to fully staff the parks; a policy is required that would govern the construction of structures in City parks. Councilmember Kerr concurred with Councilmember Matarrese; stated the crises would not have developed if a policy was in place; a breakdown in communication resulted in the misconception that the move was definite; the City did not close the Club; there are strict standards for temporary recreation center rentals but not for permanent or semi - permanent uses; that she is concerned with the future building behind Woodstock School; the School will not be empty until the new school at the Fleet Industrial Supply Center (FISC) is built; Alameda Unified School District (AUSD) has community rooms available; the Youth Collaborative should inform the public of programs available; stronger standards for private use of public parks are needed; suggested placing item on a future agenda. Mayor Johnson inquired whether the current facility needed to be retrofitted, to which Mr. Phillips responded in the affirmative. Mayor Johnson suggested that Council request the Recreation and Parks Commission develop a policy regarding private use of public parks, including structures, for Council review. Councilmember Kerr responded that Council should not request the Commission to operate in a policy vacuum; the Council is the policy making body; Council should set the policy guidelines. Mayor Johnson stated that Council could provide the framework and request that the Commission recommend a policy for review. Councilmember Kerr stated that Council should be setting policy boundaries before requesting the Commission to establish a policy. Councilmember Gilmore responded that the Recreation and Parks Commission is well qualified to review the matter; the Commission has a better understanding on park uses; the Council can accept, reject or amend the Commission's recommendation. Councilmember Matarrese stated that policy should prohibit Regular Meeting Alameda City Council 14 September 7, 2004 construction of substantial structures on parkland; a criteria for non - substantial structures should be developed; he feels that it is a good function of the Recreation and Parks Commission to develop a policy, using the guidelines such as the General Plan; the Commission should work within the City's current policy documents to develop criteria that Council could adopt as the City's policy. Councilmember Gilmore inquired whether the City has a policy in place that would allow a private group to use the parks on a permanent or semi - permanent basis without building a structure, to which Mayor Johnson responded that policy would include both the use of parks by private organizations and building structures on the park. Councilmember Gilmore inquired whether the City should create a distinction between private entities using parks for profit versus non - profit. Mayor Johnson responded that creating the policy is complicated; distinctions need to be made; having the Recreation and Parks Commission make a recommendation to Council would be beneficial. Vice Mayor Daysog stated there are good citizens on both sides of the issue that deserve the Council to make a decision on the issue at hand [Boys and Girls Club issue]; having a policy discussion runs the risk of raising other issues that would concern many organizations; policy discussions should come at a latter time. Mayor Johnson stated that Council should move forward a process to adopt a policy. Councilmember Gilmore stated that the Boys and Girl's Club request has to go through the public process; a Planning Board decision can be appealed to the Council. Councilmember Matarrese stated that normally applicants that go through the permit process have entitlement to the property; the Boys and Girls Club has no entitlement to McKinley Park. Mayor Johnson stated that planning applications come from individuals that have no entitlement; the Boys and Girls Club needs to decide whether to continue on with the process, knowing the Council is developing a policy. Councilmember Matarrese stated individuals or organizations with no entitlement were not trying to build on City property. Councilmember Kerr concurred with Councilmember Matarrese. Regular Meeting Alameda City Council 15 September 7, 2004 Mayor Johnson inquired whether someone with no property entitlement is prohibited from going forward with a permit application. The City Attorney responded that there have been instances where permits have required either the owner's or tenant's consent. The Assistant City Manager stated that if an applicant does not have title to the property, a letter or signature from the property owner is required. The City Manager stated that staff would provide an Off- Agenda report on the matter. Councilmember Kerr stated a policy process needs to consider 1) does the City turn over parkland on a quasi - permanent basis, and 2) displacement of public programs; the issue of charging rent needs to be considered. The City Manager stated there could be a moratorium on any requests until after the Council adopts a policy. Councilmember Matarrese requested that the moratorium be added. Councilmember Kerr stated the moratorium was necessary; inquired how long the unreinforced masonry building requirement has been in place, to which the City Attorney responded over 10 years. ORAL COMMUNICATIONS, NON- AGENDA (04 -471) Sandra Williams spoke about police harassment and violation of civil rights. Mayor Johnson requested Ms. Williams to provide her telephone number. (04 -472) Lee Harris, Alamedans for Responsible Transit (ARTS), stated that bus shelter advertising is bad for Alameda; a policy decision should be made at the next Council meeting. Councilmember Kerr stated that ARTS has raised enough money to have a number of free - advertising shelters; inquired whether non - advertised bus shelters was the reason for fundraising, to which Mr. Harris responded the promise was that there would be no advertising on the bus shelters. Councilmember Kerr inquired whether the City has submitted a letter stating that the shelters will only be free of advertising if the Regular Meeting Alameda City Council 16 September 7, 2004 City has enough money to maintain the shelters for which ARTS has paid, to which Mr. Harris responded that the letter stated that the City wants to have the option to give the money back, leaving the door open to convert non - advertising shelters to advertising shelters. Councilmember Kerr inquired whether there is no guarantee that the shelters would remain free of advertising, to which Mr. Harris responded in the affirmative. Councilmember Gilmore stated that she recalled that the advertising shelters were a two -prong problem: 1) the money to install the shelters, and 2) the money to maintain the shelters; she thought ARTS was formed for both purposes. Mr. Harris stated that the City was to take care of the maintenance; ARTS would be funding the purchase, construction and installation of the shelters. Councilmember Gilmore requested staff to provide information on the matter. Mayor Johnson inquired whether the type of shelter is being reviewed, to which Mr. Harris responded in the affirmative; options, such as map holders are expensive. Mayor Johnson stated that the City should receive money from AC Transit for map holders. The City Manager stated that staff would follow up with AC Transit. (04 -473) Jim Sweeney, ARTS, stated shelters should be henceforth and forever ad free. (04 -474) Jean Sweeney, ARTS, urged the Council to remove the clause allowing the City to buy the shelters back. (04 -475) Norma Wall, ARTS, stated that ARTS had previously requested the City to rescind the ordinance regarding advertising, if funding was obtained; there is approximately $5,000 or $6,000 which ARTS is unable to grasp because a letter is needed regarding the City's 501 C3 status. Mayor Johnson inquired whether having the letter agreement would resolve the funding issue, to which Ms. Wall responded in the affirmative. (04 -476) Bob Sikora, Alameda, stated direction was given to staff Regular Meeting Alameda City Council 17 September 7, 2004 regarding shelters; the community has been brushed off. (04 -477) Reyla Graber, ARTS, stated that ARTS is a fundraising organization, not a maintenance organization; ARTS opposes a buyback option in the funding agreement; unless the buyback option is eliminated, ARTS will halt the project. Mayor Johnson inquired what type of shelters are included in the first phase, to which Ms. Graber responded the shelters are noted in the funding agreement under recitals. Ms. Graber stated that ARTS needs a letter from the City stating that the City is a 501C3 to allow funds to be transferred. (04 -478) Lorraine Lilly, Harbor Island Tenants Association, thanked Council and staff for continued services addressing the crises of the massive Harbor Island Apartment evictions. (04 -479) Michael Torrey, Alameda, suggested the O'Club be used as a temporary site for the Boys and Girls Club. COUNCIL COMMUNICATIONS (04 -480) Consideration of Mayor's nomination to the Transportation Commission. Continued to September 21, 2004. (04 -481) Selection of Council alternate liaison for the Association of Bay Area Governments (ABAG). Mayor Johnson moved nomination of Councilmember Kerr. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. (04 -482) Vice Mayor Daysog stated that about a month ago there was an informal discussion on rescinding the work /live ordinance; requested the matter move forward. (04 -483) Councilmember Kerr stated that Proposition 1 -A and 65 will appear on the November ballot; Proposition 65 is the original ballot measure that the League of California Cities placed on the ballot to limit the amount of money the State can take from cities; Alameda only receives approximately 240 of property taxes; the Governor requested a moratorium for two years and stated he would campaign for Proposition 1 -A; can vote for both; the highest vote will win; endorsed Proposition 65 and 1 -A. (04 -484) Councilmember Gilmore requested that Council receive Regular Meeting Alameda City Council 18 September 7, 2004 draft agendas via email. (04 -485) Mayor Johnson inquired whether the Catellus /AUSD litigation would be on an upcoming agenda, to which the City Attorney responded item would be placed on the September 21, 2004 Closed Session agenda. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Regular Meeting at 11:38 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 19 September 7, 2004