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2006-05-02 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -MAY 2, 2006- -7:30 P.M. Mayor Johnson convened the Regular Meeting at 7:45 p.m. Councilmember Daysog led the Pledge of Allegiance. ROLL CALL - Present: Councilmembers Daysog, deHaan, Gilmore, Matarrese, and Mayor Johnson - 5. Absent: None. AGENDA CHANGES (06 -218) Mayor Johnson announced that the discussion of City Attorney /General Counsel Legal Services and staffing options [paragraph no. 06- 244CC /06- 016CIC] on the Special Joint City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission Meeting agenda would be continued. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (06 -219) Proclamation declaring May as National Preservation month. Mayor Johnson read the Proclamation and presented it to Nancy Anderson, Chair of the Historical Advisory Board. (06 -220) Proclamation declaring May 14 through May 19, 2006 as Girls' Rights Week. Mayor Johnson read the Proclamation and presented it to Gabriella Lewis and Danessa La Cap, Girls Inc. Members and Melissa Marsh, Girls Inc. Board President. (06 -221) Library project update. The Project Manager provided a brief presentation. Councilmember Matarrese inquired whether the County issue was with the [Gim's] restaurant building and not the wood frame building. The Project Manager responded in the affirmative; stated that he encouraged the property owner to de- couple the application and delete the plans to have the kitchen equipment in the historic building for the short term in order to move forward with the application; the property owner would seek financing for the improvements. Regular Meeting Alameda City Council 1 May 2, 2006 Councilmember deHaan stated there are structural concerns with the historic building; inquired whether there are ways to ensure that the asset stays in tact. The Project Manager responded in the affirmative; stated plywood bracing could be applied to the interior and corners. Mayor Johnson inquired whether spending money on cosmetic improvement makes sense if structural work is not performed to make the building sound; the community considers the building to be a historic asset; the building should be painted for the grand opening; grant money should not be spent on the facade if the owner is not committed to perform structural work. The Project Manager stated the facade grant money could pay for a decent paint job and window replacement. Councilmember deHaan stated the question is whether the building is in jeopardy of being lost; inquired whether the owner's application addresses the shoring up of the building. The Project Manager responded that the current application includes a foundation replacement and structural stabilization; stated he has not been in the building for over six years; the building appears to have a five - degree tilt towards the back; the permit addresses using the structure as a tearoom, which prompted the involvement of the Health Department. Councilmember deHaan stated that he would like to see other City departments engaged in the process, particularly the Planning Department. Vice Mayor Gilmore inquired whether the owner was hung up with the County Health Department and whether the City could concurrently process the rest of the application The Project Manager responded Health Department requirements trigger other requirements; stated a straight rehabilitation application could move forward fairly quickly. Mayor Johnson inquired whether an application went to the Historic Advisory Board (HAB). The Project Manager responded that the HAB issued a partial demolition permit for up to 300 of the structure. Mayor Johnson inquired whether the application was for the historic structure alone, to which the Project Manager responded in the Regular Meeting Alameda City Council 2 May 2, 2006 affirmative. Mayor Johnson inquired why the owner has not moved forward. The Project Manager responded that the owner states that there are delays with the Health Department. Councilmember deHaan inquired whether other City departments could help with the process to save Gim's historic structure. The Project Manager responded that he would work with the Planning and Building Departments to facilitate an evaluation of the structure. Richard W. Rutter, Alameda Architectural Preservation Society (RAPS), stated that RAPS voted to appropriate $500 toward painting Gim's historic structure if the owners cannot get the money themselves; stated he was the architect for the Independent Order of Odd Fellows facade renovation; facade grant money was not received until progress billings were provided. Councilmember Matarrese stated the library project and LEEDS required insulation is impressive; requested that a fireproof viewing port be considered; a building in Red Bluff had a glass cut out which provides a view of the fireproofing. The Project Manager stated that he would work with the other departments to find a solution. Vice Mayor Gilmore stated that a mock up could be placed in a shadow box and hung on the wall to look like a cross section of the walls layers. Councilmember Matarrese stated that the community should see proposed alternatives. (06 -222) Announcement regarding need for Poll Workers and general voting information for June 6 election. Mayor Johnson read a statement regarding the election and urged voters to work at the polls; suggested that the information be posted on the City's website. The City Clerk stated that May 22 is the last day to register; election results will be available the morning after the election instead of election night because paper ballots will be used; the Registrar is working on solutions for the November election. Regular Meeting Alameda City Council 3 May 2, 2006 Mayor Johnson inquired whether early voters would be voting by machine. The City Clerk responded in the affirmative; stated the equipment will be borrowed from San Diego and meets the requirement for paper audit trail. CONSENT CALENDAR Mayor Johnson announced that the recommendation to authorize the partial refund of Appeal Fees [paragraph no. 06 -233] was removed from the Consent Calendar for discussion. Vice Mayor Gilmore stated that she watched the meeting and read the minutes; inquired whether or not she could vote on the minutes, to which the City Attorney responded in the negative. Councilmember Matarrese moved approval of the remainder of the Consent Calendar. Vice Mayor Gilmore seconded the motion, which carried by unanimous voice vote - 5. [Note: Vice Mayor Gilmore abstained from voting on the Minutes [paragraph no. *06 -2231. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *06 -223) Minutes of the Special City Council and Regular City Council Meetings held on April 18, 2006. Approved. [Note: Vice Mayor Gilmore abstained from voting on the Minutes.] ( *06 -224) Ratified bills in the amount of $4,530,239.69. ( *06 -225) Recommendation to authorize Call for Bids for Legal Advertising. Accepted. ( *06 -226) Recommendation to accept the Quarterly Investment Report for period ending March 31, 2006. Accepted. ( *06 -227) Recommendation to set Hearing to establish Proposition 4 Limit for Fiscal Year 2006 -07 for May 16, 2006. Accepted. ( *06 -228) Recommendation to Approve Contract Amendment for Library Artist Yuki Nagase. Accepted. ( *06 -229) Recommendation to authorize the execution of Landscape Maintenance Management Contract for the City of Alameda Island City Regular Meeting Alameda City Council 4 May 2, 2006 Landscaping and Lighting District 84 -2, Zone 5 - Harbor Bay Business Park. Accepted. ( *06 -230) Resolution No. 13946, "Preliminarily Approving Annual Report Declaring Intention to Order Levy and Collection of Assessments and Providing for Notice of Public Hearing on June 20, 2006 - Island City Landscaping and Lighting District 84 -2." Adopted. ( *06 -231) Resolution No. 13947, "Preliminarily Approving Annual Report Declaring Intention to Order Levy and Collection of Assessments and Providing for Notice of Public Hearing on June 20, 2006 - Maintenance Assessment District 01 -01 (Marina Cove)." Adopted. ( *06 -232) Resolution No. 13948, "Authorizing the City Manager to Apply to the California Integrated Waste Management Board for a Targeted Rubberized Asphalt Concrete Incentive Grant and to Enter Into All Associated Agreements." Adopted. (06 -233) Recommendation to authorize the partial refund of Appeal Fees to the Planning Board and to the City Council collected in Fiscal Years 2004 -05 and 2005 -06. The Planning and Building Director provided a brief presentation. Councilmember Matarrese stated that staff came up with an approach to resolve the issue in a fair and equitable manner. Councilmember deHaan stated a proper decision has been made to provide a refund. Councilmember Daysog stated other people would be very happy in addition to the three appellants whose fees were reduced; the refund is good news. Councilmember Matarrese moved approval of the staff recommendation. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. REGULAR AGENDA ITEMS (06 -234) Resolution No. 13949, "Approving the Endorsement and Supporting the 2006 California State Library Bond (Proposition 81)." Adopted. Marilyn Ezzy Ashcraft, Library Building Team, presented the Council Regular Meeting Alameda City Council 5 May 2, 2006 with buttons supporting Proposition 81; stated she attended the Annual California Library Association and School Library Association Legislative Day in Sacramento; Proposition 81 is a $600 million Library Construction and Renovation Bond Act; Proposition 81 is not polling well; the City could benefit from State bond funds to renovate the two branch libraries or build another branch library; noted over 3 million native English speaking Californians are functionally illiterate; urged adoption of the Resolution. Councilmember Daysog inquired what underlying revenue stream would pay for the Bond. Ms. Ezzy Ashcraft responded the indebtedness is taken on by the State; stated Proposition 81 has the same structure as Proposition 14. Councilmember Matarrese stated the New Main Library would not be possible without Proposition 14; support is needed for Proposition 81; the West End has an old branch library and Bay Farm Island has an undersized branch library. Councilmember deHaan moved adoption of the Resolution. Vice Mayor Gilmore seconded the motion, which carried by unanimous voice vote - 5. (06 -235) Resolution No. 13950, "Supporting a "Buy Alameda" Philosophy." Adopted. The Acting Assistant to the City Manager provided a brief presentation. Vice Mayor Gilmore inquired whether the centralization for purchasing goods and supplies is being handled by the Finance Department, to which the Acting Assistant to the City Manager responded in the affirmative. Councilmember Matarrese inquired whether hiring a buyer was anticipated. The City Manager responded expanding the responsibilities of existing staff is being considered. Councilmember Daysog inquired how the 5% preference would work on a $10,000 purchase. The Finance Director responded written proposals would be requested on large purchases; a local vendor would have the advantage if they Regular Meeting Alameda City Council 6 May 2, 2006 were within 50 of the lowest bidder. Councilmember Daysog stated the 5% preference is still competitive. The Finance Director concurred with Councilmember Daysog. Mayor Johnson stated local merchants would not have the opportunity to submit proposals if centralizing is not done. The Finance Director stated local vendors are now being asked whether goods and services can be provided; previously business license printing was sent to a Santa Clara firm; now the Contract has been awarded to a local vendor. Mayor Johnson inquired whether a workshop would be held with the theme of doing business with the City. The Finance Director responded in the affirmative; stated the City, including Alameda Power and Telecom and the Housing Authority, is partnering with business associations to provide a workshop entitled "How to Do Business with the City of Alameda." Mayor Johnson inquired whether there would be a separate workshop for services. The Finance Director responded goods and services both would be discussed. Mayor Johnson inquired whether Public Works purchases would be included, to which the Finance Director responded in the affirmative. Councilmember Daysog stated that he appreciates the emphasis on competition; the 5% preference is reasonable for local businesses. Councilmember deHaan stated the 5% preference has been in place for quite a while; Contracts have multiple phases; smaller Alameda companies may only be able to fulfill one segment; inquired whether businesses could team together. The Finance Director responded that the City reviews the proposals and suggests other vendors that may be available to provide the missing piece; stated the City does not provide direction. Councilmember deHaan stated the City should encourage teaming with other companies; a "Hire Alameda" philosophy is also important; traffic would lessen with a "Hire Alameda" philosophy. Regular Meeting Alameda City Council 7 May 2, 2006 Mayor Johnson suggested moving up the paragraph regarding the City of Alameda being a consumer of local businesses; stated the City is falling short in buying in Alameda despite Municipal Code Section 2 -62; the opening paragraph should include a statement regarding the City of Alameda buying locally and promoting Alameda businesses as shopping destinations; language should be added to the last paragraph regarding the Finance Department's efforts to show that the "Buy Alameda" philosophy is not just based on the Alameda Municipal Code; the April check register shows that $20,340 out of $4.5 million was spent in Alameda. The Finance Director stated that $91,151 was spent locally; $159,000 was purchased in Alameda County and approximately $2 million was spent outside Alameda County. Mayor Johnson stated many goods and services are not available in Alameda; there is a better chance of a business locating in Alameda if businesses know the City will do business locally; the City is trying to provide an incentive for businesses to move to Alameda; $4.5 million is a lot of public money; she seldom sees outside businesses supporting the City's non - profits. Councilmember deHaan inquired whether a trend has been seen. The Finance Director responded in the affirmative; stated the trend does not move positively in one direction; one month may have an increasing proportion of payment to Alameda businesses and the next month may be different. Councilmember deHaan moved adoption of the Resolution with Mayor Johnson's recommendations. The Acting Assistant to the City Manager summarized the Mayor's recommendations to move up the paragraph regarding the City of Alameda being a consumer of business, include the City of Alameda buying locally and promoting Alameda businesses as shopping destinations, and include the Finance Department's efforts. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. (06 -236) Resolution No. 13951, "Establishing Guiding Principles for the Management of the City Fleet Vehicles and Equipment." Adopted. The Public Works Director provided a brief presentation. Vice Mayor Gilmore inquired whether the Public Works' budget would Regular Meeting Alameda City Council 8 May 2, 2006 have a line item for equipment replacement. The City Manager responded that a separate page would be provided which would summarize all the recommended equipment to be replacement. Councilmember Daysog stated the Police and Fire Departments have specialized vehicles. The Public Works Director responded that Public Works would work directly with the Police and Fire Departments to identify special vehicle needs. Councilmember Daysog inquired whether bio- diesel fuel is possible with the existing fleet. The Public Works Director responded he has not looked into the matter; electric and hybrid vehicles seem to be viable; hydrogen fuel is being investigated. Councilmember Daysog requested that bio- diesel fuel alternatives be reviewed. The Finance Director stated bio- diesel fuel was considered for the standby generators at Alameda Point; the engine needs to be diesel; all of the rubber has to be retrofitted to not ruin the engine. Councilmember deHaan stated the funding stream becomes very important with expensive vehicles such as a fire truck; obtaining the Navy vehicles helped in some areas; a purchasing procedure is needed; replacement criteria has been established with the Police Department. Councilmember Matarrese stated that he appreciates the Resolution; the Resolution defines how to get a handle on fleet management; suggested that additional language be added to the Resolution; alternative fuel vehicles need to be identified; the first choice should be electric; the next choice should be hybrid, if electric is not practical; alternative fuel vehicles would be the next choice; the last choice would be status quo; choices need to be spelled out so that there is a decision tree; boats are not on the list; the City has two ferry boats and a fire and police boat. Mayor Johnson stated the City also has a Trident ship. Councilmember Matarrese stated a watercraft inventory is needed. The Public Works Director stated the Police and Fire Department Regular Meeting Alameda City Council 9 May 2, 2006 boats are included in the list, the ferry boats are not; he would investigate the Trident ships. Councilmember Matarrese stated Bay Crossings had an article on the debate of the ability to construct a solar ferry; proposed additional language to the Resolution and rewording of Point D to address order of choices; stated he would rather pay Alameda Power and Telecom for clean fuel than pay the oil companies. Mayor Johnson stated that she liked the terms of the Resolution; electric vehicles make sense for making trips back and forth from the Base to City Hall; it is important to identify vehicle use to see what type of vehicle is most efficient; other cities have a greater variety of vehicles. Councilmember Matarrese stated that the University of California at Riverside has a fleet of Gem cars; Gem cars could be used by Building Inspectors, Interoffice Mail and the Library Department. Councilmember Daysog stated there is general excitement regarding alternative fuels; guiding principles for managing the fleet are before the Council; alternative vehicle discussions would be helpful but should be a separate item. The Public Works Director stated alternative vehicle discussions have started. Councilmember Daysog stated that he wants to know why an alternative is practical or impractical at some point. Councilmember deHaan stated the City declared itself as an electric City in 1996; the City partnered with Calstart to move forward; efforts evaporated in 1999; the commitment was not fulfilled; Alameda Power and Telecom can be the City's leader; electric cars are not being made in the United States; the electric car philosophy should be revisited. Councilmember Matarrese moved adoption of the Resolution adding the following language: WHEREAS there have been dramatic increases in the cost of gasoline and diesel fuel, and there are anticipated continued long term escalation of these prices due to supply; and WHEREAS the current use of gasoline and diesel fuels have adverse effect on the environment while alternative cleaner fuels such as electricity from Alameda Power & Telecom, bio- diesel, ethanol mix gasoline and compressed natural gas are available; Point 3 -D: electric vehicles are the first choice with hybrid vehicles and other alternative fuel vehicles as the second and third choices if the first or second choice is not practical due to functional Regular Meeting Alameda City Council 10 May 2, 2006 requirements. Councilmember deHaan stated that he was not sure about the proposed priorities; natural gas conversion is one of the methods discussed; approximately one -third of the City's fleet is industrial type vehicles. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. Councilmember deHaan inquired whether establishing the overall fleet inventory issue would be included, to which the City Manager responded in the affirmative. Councilmember Matarrese inquired whether the electric vehicles would be purchased with the Transportation for Clean Air money. The Public Works Director responded the Transportation for Clean Air money provides only 20% funding; the funding was changed to Congestion Management Air Quality money which covers 90% funding and has a lower threshold for air emissions. ORAL COMMUNICATIONS, NON- AGENDA (06 -237) Duane Rutledge, Dublin, stated that he was selected in the Bayport housing lottery; the process has been unclear; the selection, points and evaluation have changed over time; he has been involved in the process for two years; he was told his lottery number is being changed because now the selection committee does not recognize volunteer work in the City as legitimate work; his application was stalled due to staffing problems; he is not receiving clear answers or information on the appeal process. The Assistant City Manager stated applications were processed by the Alameda Development Corporation which had staff turnover; the City is aware of Mr. Rutledge's situation and will ensure the process is clearly explained and understood. Councilmember Daysog requested the Council be kept informed. Vice Mayor Gilmore requested Mr. Rutledge be provided contact information. The Assistant City Manager stated the Development Services Housing Development Manager is responsible. Councilmember deHaan requested the City Manager's office be the point of contact. Regular Meeting Alameda City Council 1 1 May 2, 2006 Vice Mayor Gilmore requested Council be provided a detailed report on the outcome, what happened, and why it happened. Councilmember deHaan stated the report should include how other applicants could be affected. Councilmember Matarrese stated the report should address and provide exhibits of what applicants are told when applying, documentation of the point system, how points can change and what documentation goes with point changes. The Assistant City Manager stated what applicants were told might be difficult to reconstruct due to ADC staffing changes. Councilmember Matarrese stated anything in writing should be provided. Vice Mayor Gilmore stated there should be a system; applicants should receive a handout clearly spelling out the requirements. The Assistant City Manager stated the City used ADC as a contractor. Councilmember Matarrese stated there should be contractor performance requirement. Mayor Johnson inquired whether ADC contracted with the City or the developer, to which the Assistant City Manager responded the City. Mayor Johnson stated the City should have specifications in place when entering into a contract. Councilmember deHaan stated the evaluation process should not have changed; consistency is all - important; further requested staff to review the recourse and how applicants appeal the matter to a different level. (06 -238) Mark Irons, Alameda, stated that he has concerns about the use of alternative fuels; the process for reviewing use of alternative fuel vehicles should be thorough; questioned whether electric vehicles should be selected over hybrids; hybrids are the fastest way to stop the greenhouse effect. Mayor Johnson stated the City's electric power is over 80% green; inquired whether Mr. Iron's had concerns with using electric vehicles given Alameda's circumstance. Regular Meeting Alameda City Council 12 May 2, 2006 Mr. Irons responded inspectors driving around the Island in electric vehicles would not be a problem; electric vehicles have limitations; if the country wanted to change fire engines to bio- diesel, it could be done. Councilmember deHaan requested that Adoption of Resolution Establishing Guiding Principles [paragraph no. 06 -236] be reopened; stated priorities should not be set completely; the City will use the greenest technology. COUNCIL COMMUNICATIONS (06 -239) Consideration of Mayor's nominations for appointment to the Film Commission. Councilmember deHaan inquired whether the terms were staggered. The City Clerk responded the staggering would be done by lottery after nominations are made. Mayor Johnson nominated: Jeanette L. Copperwaite (Historic Experience); Kenneth I. Dorrance (Retail /Property Management); David J. Duffin (Film /Video Industry); Liam Gray (Arts /Cultural); Orin D. Green (Film /Video Industry); Patricia A. Grey (Film /Video Industry); Tamar Lowell (Water /Marina Based Experience); Theatte (Teddy) B. Tarbor (Community- art - large). Mayor Johnson stated that committees would be established. Councilmember deHaan inquired whether the nominated applicants were Alameda residents, to which Mayor Johnson responded in the affirmative. Councilmember deHaan stated only two commissions allow non- residents; the Charter requires applicants to be residents. Mayor Johnson stated that all Film Commission categories require Alameda residency; a non - resident can fill the Business Association Executive Director seat if the category cannot be filled by a resident. Councilmember deHaan stated he leans toward applicants being residents. Mayor Johnson stated the issue could be considered; she prefers Alameda residents. Councilmember Daysog stated that existing non - resident Board Regular Meeting Alameda City Council 13 May 2, 2006 Members and Commissioners should not be removed from their positions. Councilmember deHaan requested the City Clerk to review the resident status of other Board Members and Commissioners. Mayor Johnson stated that the Council could change the Municipal Code; the Code is intended to be flexible. Councilmember deHaan requested an Off Agenda Report on the matter. Mayor Johnson stated the matter could be brought back to the Council for discussion. Councilmember deHaan requested the Council address commission residency requirements. (06 -240) Mayor Johnson reported that she attended the Northern California Power Agency /Northwest Public Power Association Western Federal Policy Conference in Washington D.C.; the conference is an opportunity for small utilities to express their voice in Washington D.C.; Alameda Power and Telecom has to keep up on State and federal policy and legislative issues. (06 -241) Vice Mayor Gilmore stated pending federal legislation regulating cable companies included the Federal Communications Commission (FCC) overseeing trenching in City streets; the proposal takes away local control; requested information; stated the City should be actively lobbying against such regulations. The City Manager stated lobbying against the regulations was consistent with a resolution Council previously adopted; an update would be provided. ADJOURNMENT There being no further business, Mayor Johnson adjourned the regular meeting at 9:45 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 14 May 2, 2006