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2007-06-19 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -JUNE 19, 2007- -7:30 P.M. Mayor Johnson convened the Regular Meeting at 7:52 p.m. ROLL CALL - Present: Councilmembers deHaan, Gilmore, Matarrese, Tam, and Mayor Johnson - 5. Absent: None. AGENDA CHANGES (07 -278) Mayor Johnson announced that the Public Hearing to consider Certification [paragraph no. 07 -292] would be continued to July 17, 2007. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (07 -279) Proclamation recognizing contributions to the City by gay and lesbian residents and encouraging the community to recognize these contributions, particularly during the month of June, Gay Pride Month. Mayor Johnson read and presented the proclamation to Salleyanne Monti. Ms. Monti thanked Council for the proclamation; stated Alameda is a great place to raise children regardless of individual beliefs; hopefully, a proclamation will not be needed in the future. Councilmember Matarrese requested that the Social Service Human Relations Board provide Council with a protocol recommendation for flying flags. Mayor Johnson stated the Pension Board is interested in having another flag pole. CONSENT CALENDAR Councilmember Matarrese moved approval of the Consent Calendar. Councilmember Matarrese stated he is interested in the 500 local match requirement outlined in the Resolution Authorizing the City Manager to Execute a Bicycle/ Pedestrian Countywide Discretionary Program Grant Funding Agreement [paragraph no. *07 -2871. Vice Mayor Tam seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an Regular Meeting Alameda City Council 1 June 19, 2007 asterisk preceding the paragraph number.] ( *07 -280) Minutes of the Special Joint City Council and Planning Board Meeting held on May 31, 2007; the Special and Regular City Council Meetings held on June 5, 2007; and the Special City Council Meeting held on June 6, 2007. Approved. ( *07 -281) Ratified bills in the amount of $3,093,885.29. ( *07 -282) Recommendation to award Contract for Legal Advertising for Fiscal Year 2007 -2008. Accepted. ( *07 -283) Recommendation to approve an agreement with Ameresco Manteca, LLC for the purchase of power from Landfill Gas Generation for a twenty -year term at a fixed price of $73.25/MWH. Accepted. ( *07 -284) Recommendation to accept and authorize recording Notices of Completion for the Bayport Fleet Industrial Supply Center (FISC) /East Housing Residential Phase 2 Public Backbone Infrastructure Improvements along Fifth Street and Stargell Avenue and the Storm and Sewer Trunkline Project. Accepted. ( *07 -285) Recommendation to award Contract in the amount of $330,000, including contingencies, to Arborwell for pruning of City trees within the City of Alameda for the Fiscal Year ending June 30, 2008, No. P.W. 04- 07 -13. Accepted. ( *07 -286) Recommendation to award Contact in the amount of $200,000, including contingencies, to Dowling Associates to update the Transportation Element of the General Plan and conduct an associated traffic and environmental Review. Accepted. ( *07 -287) Resolution No. Grant Funding Agreement Authority, Committing the to Complete the Project." ( *07 -288) Resolution Understanding Between Sworn Unit and the December 24, 2006 and 14103, "Authorizing the Execution of a with Alameda County Transportation Necessary Match and Stating the Assurance Adopted. No.14104, "Approving Revised Memorandum of the Alameda Police Officers Association Non - City of Alameda for the Period Commencing Ending December 19, 2009." Adopted. ( *07 -289) Resolution No. 14105, "Approving Revised Executive Management Compensation Plan for the City Clerk, Assistant City Manager, Deputy City Manager, Human Resources Director and the Executive Management Team Established by Resolution 13545 and Amended by Resolutions 13626, 13689, 13977, 14008 and 14034, Commencing June 24, 2007 and Ending June 20, 2009." Adopted. Regular Meeting Alameda City Council 2 June 19, 2007 ( *07 -290) Ordinance No. 2966, "Containing a Description of the Community Improvement Commission's Program to Acquire Real Property by Eminent Domain in the Alameda Point, Business and Waterfront, and West End Community Improvement Project Areas." Finally passed. ( *07 -291) Public Hearing to consider Resolution No. 14106, "Approving Parcel Map PM06 -0002 to Allow the Division of an Existing 14,400 Square Foot Residential Lot into Four Parcels at 471 Pacific Avenue The property is Located in a R -4 -PD, Neighborhood Residential Planned Development Zoning District. Applicant: William De Mar." Adopted. REGULAR AGENDA ITEMS (07 -292) Public Hearing to consider Certification of a Final Environmental Impact Report and approval of Northern Waterfront General Plan Amendment (GPA 07 -0002) and Citywide Childcare Policies: General Plan amendment to designate approximately 110 acres of northern waterfront industrially designated properties to a specified mixed -use designation and adopt certain general plan policies to guide the future development of the area, guide future development citywide, and guide decisions regarding childcare citywide. The Northern Waterfront project area is generally bounded by Sherman Street on the west, Buena Vista Avenue on the south, Grand Street on the east, and the Oakland /Alameda Estuary on the north; and (07 -292A) Adoption of Resolution Certifying the Final Environmental Impact Report for the Northern Waterfront General Plan Amendment (State Clearinghouse #2002102118); (07 -292B) Adoption of Resolution Making Findings Regarding Environmental Impacts and Mitigation Measures, Making Findings Concerning Alternatives, Adopting a Mitigation Monitoring and Reporting Program and Adopting a Statement of Overriding Considerations in Accordance With the California Environmental Quality Act for the Northern Waterfront and Child Care Policy General Plan Amendment (State Clearinghouse #2002102118); and (07 -292C) Adoption of Resolution Approving General Plan Amendment, GPA07 -0002: General Plan Amendments to: (A) Amend the General Plan Land Use Diagram to Change the Designation of Approximately 110 Acres Within the Northern Waterfront to Specified Mixed Use and Medium Density Residential, and (B) Amend Sections and Associated Tables of the General Plan. Continued to July 17, 2007. (07 -293) Resolution No. 14107, "Authorizing the City Manager to Execute an Agreement to Allow the City of Alameda to Participate as a Member of the East Bay Regional Communications System Joint Regular Meeting Alameda City Council 3 June 19, 2007 Powers Authority and Also Submit A Good Faith Payment Not to Exceed $54,100 to Support Formation of the East Bay Regional Communications System." Adopted. The Interim Fire chief gave a brief presentation. Mayor Johnson stated that she is glad to see the matter moving forward; Senator Barbara Boxer is pleased that the region is forward thinking of forming the Joint Powers Authority; inquired whether most Alameda County cities would join. The Police Chief responded the majority have agreed to join; stated the City of Oakland and City of Berkeley have not responded. Mayor Johnson stated hopefully the City of Oakland and City of Berkeley would join; the Oakland Hills fire had some interoperability issues. Councilmember Matarrese inquired whether Alameda's estimated cost is based on 100% participation. The Interim Fire Chief responded the estimate is a wild guess; stated the estimate is based upon the expectation of some grant funding and long -term financing by the City. Councilmember Matarrese inquired whether the estimate assumes 100% participation of the cities within the region or is an estimate based on how many cities are presently involved. The Interim Fire Chief responded a backbone system is needed first; stated thirty -one cell sites are expected; fewer cell sites would be needed with less participation; a portion of the estimate is the City's cost for purchasing radio equipment; the estimate could change dramatically; the City is not obligated at this time. Councilmember Gilmore inquired what is the timeframe. The Police Chief responded the project is anticipated to have a five to seven year window; stated the early parts of the project are already in place; the key is to get the Joint Powers Authority up and running in order to apply for the funding. Mayor Johnson inquired whether Alameda was already interoperable with the County, to which the Interim Fire Chief responded the Fire Department is. Mayor Johnson inquired whether system upgrades were done six years ago. Regular Meeting Alameda City Council 4 June 19, 2007 The Police Chief responded some upgrades occurred; stated the basic backbone system dates back to late 1992. Mayor Johnson stated hopefully interoperability will allow the entire County to communicate. The Interim Fire Chief stated the Fire Department Dispatch Center is at the Lawrence Livermore Laboratory; parts are harder to get to keep the system alive and well. Councilmember deHaan inquired whether the East Bay Regional Communication System hinges on the rest of California municipalities coming together; further inquired whether systems are in place in other regions. The Police Chief stated many Northern California agencies are in the same position of having systems at the end of the cycles and changes are needed; hopefully all nine Bay Area counties will develop a system to communicate with each other. Councilmember deHaan inquired whether Alameda's system would be able to be married with the rest of the upcoming systems. The Police Chief responded the system would be an open architecture system that would allow others to mesh as the system evolves. The Interim Fire Chief stated the Federal Communications Commission (FCC) requires setting aside certain talk groups with an 800 trunk system; he participated in setting up a similar system in Orange County. Vice Mayor Tam inquired how long it took for all cities to participate in a Joint Powers Authority in Orange County. The Interim Fire Chief responded initially, participation was for the Fire Service; stated the process took five or six years to become operational; expansion took seven or eight years for all City services. The City Manager stated the effort was huge; a lot of decisions need to be made along the way. Mayor Johnson inquired whether other cities have radio systems that would work with the regional system. The Interim Fire Chief responded Dallas and Florida have 800 trunk systems in place. Regular Meeting Alameda City Council 5 June 19, 2007 Councilmember deHaan inquired whether 911 calls can be made on cell phones [and are directed to Police Dispatch]. The Police Chief responded there is good news on the E -911 system; Nextel lines are not up and running; the City is at the mercy of Nextel to make some technological changes; the City has done everything to be able to receive 911 calls. Councilmember deHaan inquired whether other cell carriers would be able to interface, to which the Police Chief responded in the affirmative. Mayor Johnson expressed condolences to the Police Chief on the loss of Lieutenant Cranford; requested that the Police Chief extend the City's condolences to the family. Councilmember deHaan moved adoption of the resolution. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON- AGENDA (07 -294) Michael John Torrey, Alameda, stated the Relay for Life event would take place on Saturday and Sunday; this week is Amateur Radio Week; today is the 73rd birthday of the Federal Communication Commission. (07 -295) Cate Kuhne, Alameda, submitted handout; stated that she received an eviction notice for living in an illegal unit; documentation shows that the building has been a ten -unit apartment house since 1945; staff is choosing to ignore said fact; she has appealed the eviction and has been advised by City staff that she has no rights; requested Council to review and investigate the matter and to schedule and hold an administrative hearing by August 19, 2007. Mayor Johnson requested an Off- Agenda report on the matter. Councilmember deHaan requested staff to find out where the landlord is in the process. (07 -296) Patrick Lynch, Alameda, stated the owner next to his property was required to file a deed restriction; the deed restriction was recorded eighteen months ago; construction began approximately six weeks ago; the owner was required to protect the Oak trees during construction; the owner has not taken any steps to Regular Meeting Alameda City Council 6 June 19, 2007 protect the Oak trees; he does not see how the City can pass an inspection on the foundation since the recommended techniques were not used; the deed restriction requires that the landscaping be maintained in a weed free condition; the weeds are six feet tall; deed restrictions are an instrument that the Navy would like to use to transfer contaminated property to the City; the Navy will not be able to use a deed restriction to transfer property with residual contamination to the City if deed restriction requirements are not enforced by the City or complied with by the property owner. Mayor Johnson requested that staff review the matter. Councilmember deHaan requested an Off- Agenda report. COUNCIL COMMUNICATIONS (07 -297) Consideration of Mayor's nominations for appointment to the Civil Service Board, Commission on Disability, Film Commission, Housing and Building Code Hearing and Appeals Board, Housing Commission, Library Board, Planning Board, Public Art Commission, and Social Service Human Relations Board. Mayor Johnson nominated Linda McHugh to the Civil Service Board; Jeannette L. Copperwaite, David Duffin, Liam B. Gray, and Orin D. Green to the Film Commission; Steve R. Fort, Margaret Hakanson, Roberta Kreitz, Audrey Lord - Hausman, and John Robinson to the Commission on Disability Issues; Ronald Kahn to the Housing and Building Code Hearing and Appeals Board; Nancy Gormley, Senior Tenant Seat, to the Housing Commission; Marilyn Ezzy Ashcraft and Gina Mariani to the Planning Board; Katina Huston to the Public Art Commission; Mike Hartigan to the Library Board; Cathy Nielsen and Henry Villareal to the Social Service Human Relations Board. (07 -298) Vice Mayor Tam stated that she attended the memorial service for Ed Dankworth; Mr. Dankworth served on the Social Service Human Relations Board and was very active in contributing to causes related to children, protection for seniors, and health care with Alameda Family Services; requested that the meeting be adjourned in his memory. Mayor Johnson stated she would like to include Lieutenant Cranford also. (07 -299) Councilmember Matarrese requested that a resolution regarding the war in Iraq be placed on the second agenda in July under Council Communications for Council consideration. ADJOURNMENT Regular Meeting Alameda City Council 7 June 19, 2007 (07 -300) There being no further business, Mayor Johnson adjourned the Regular Meeting at 8:32 p.m. in a moment of silence in honor of Lieutenant Cranford and Ed Dankworth. RECONVENED Mayor Johnson reconvened the regular meeting at 8:33 p.m. to consider the resolution appointing Bill Sonneman. REGULAR AGENDA ITEM (07 -301) Resolution No. 14108, "Appointing Bill Sonneman as a Member of the City Recreation and Park Commission." Adopted. Councilmember Matarrese moved adoption of the resolution. Vice Mayor Tam seconded the motion, which carried by unanimous voice vote - 5. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Regular Meeting at 8:34 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 8 June 19, 2007