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2008-02-05 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- - FEBRUARY 5, 2008- -7:30 P.M. Mayor Johnson convened the Regular City Council Meeting at 8:01 p.m. ROLL CALL - Present: Councilmembers deHaan, Gilmore, Matarrese, Tam, and Mayor Johnson - 5. Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (08 -043) Proclamation declaring the period of January 30 through April 4, 2008 as A Season for Nonviolence. Mayor Johnson read the proclamation. CONSENT CALENDAR Mayor Johnson announced that the Minutes [paragraph no. 08 -044] and the recommendation to allocate $153,373 [paragraph no. 08 -050] were removed from the Consent Calendar for discussion. Councilmember Matarrese 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.] (08 -044) Minutes of the Special and Regular City Council Meetings held on January 15, 2008. Approved. Councilmember Gilmore requested that Page 23 of the Regular City Council minutes reflect that direction was given to the HAB to review and tighten up standards; stated Page 8 should read ... good trade -offs. Councilmember deHaan stated that Page 15 of the Regular City Council minutes should read ...the rule is to run buses where there is density. Councilmember Gilmore moved approval of the minutes with noted changed. Regular Meeting Alameda City Council Meeting 1 February 5, 2008 Councilmember deHaan seconded the motion, which carried by unanimous voice vote - 5. ( *08 -045) Ratified bills in the amount of $7,576,315.14. ( *08 -046) Recommendation to accept the City of Alameda Investment Policy. Accepted. ( *08 -047) Recommendation to authorize the purchase of three marked Dodge Charger Police Vehicles through the State of California Vehicle Bid Contract. Accepted. ( *08 -048) Recommendation to accept the work of Republic Intelligent Transportation Inc. for the In- pavement Crosswalk Lights at Eighth Street and Taylor Avenue, No. P.W. 05- 05 -04. Accepted. ( *08 -049) Recommendation to accept the work of Republic Intelligent Transportation, Inc. for the In- Pavement Crosswalk Lights at various locations, No. P.W. 07- 04 -07. Accepted. (08 -050) Recommendation to allocate $153,373 in Regional Measure 1-2% Grants and $75,627 in Measure B - Transbay Ferry Funds and approve a First Amendment to the Contract in the amount of $229,000, including contingencies, to Marine Express, Inc., for the Main Street Ferry Terminal Barge Maintenance Project. Councilmember Matarrese inquired how the timeline overlaps with the Ferry Service transfer to the Water Transportation Authority. The Ferry Services Manager responded the Alameda Reuse and Redevelopment Authority (ARRA) barge could be installed at Main Street within the next two or three weeks. Councilmember Matarrese moved approval of the staff recommendation. Vice Mayor Tam seconded the motion, which carried by unanimous voice vote - 5. ( *08 -051) Resolution No. Attorney for Island City District 84 -2." Adopted. 14181, "Appointing an Engineer and an Landscaping and Lighting Assessment ( *08 -052) Resolution No. 14182, "Appointing an Engineer and an Attorney for City of Alameda Maintenance District 01 -1 (Marina Cove)." Adopted. ( *08 -053) Recommendation to approve the Amended and Restated Regular Meeting Alameda City Council Meeting 2 February 5, 2008 Employment Agreement for the City Attorney. Accepted. REGULAR AGENDA ITEMS (08 -054) Resolution No. 14183, "Setting a Greenhouse Gas Reduction Goal of 25% Below the 2005 Baseline Level, Adopting the Local Action Plan for Climate Protection, and Dissolving the Climate Protection Task Force." Adopted. The Supervising Planner gave a Power Point Presentation. Stanley Schiffman, Climate Protection Task Force Chair, read a letter outlining the Climate Protection Task Force recommendations; urged Council to adopt the resolution. The Supervising Planner summarized the Climate Protection Task Force recommendations. Proponents: Bill Smith, Alameda; David Burton, Climate Protection Task Force Member; Stanley Schiffman, Climate Protection Task Force. Councilmember deHaan stated Assembly Bill 32 requires a reduction in greenhouse gas emissions to 1990 levels by 2020; inquired what was the 1990 level. Mr. Schiffman responded the level is lower now because the former Naval Base closed. Councilmember deHaan inquired how Assembly Bill 32 mandates would intertwine [with the Local Action Plan]. The Supervising Planner responded Assembly Bill 32 is an emissions reduction for the State and will be implemented by the Air Resources Board; stated nothing will be seen until 2009; 2005 was chosen as the baseline because data was available; 1990 data is not available. Councilmember deHaan stated that many of the priorities are every day staff actions; questioned whether some priorities would require additional staff time; stated that he would like to see accountability for funding requirements. The Supervising Planner stated staff would come back with funding sources during the next budget cycle; currently, staff is negotiating with a consultant on sustainable and green building ordinances. Regular Meeting Alameda City Council Meeting 3 February 5, 2008 Councilmember deHaan stated that currently, the City is setting priorities; inquired how said priorities would be integrated. The City Manager responded a work plan is already in progress for green building; stated other items would need to be reviewed individually. Mr. Schiffman stated the Task Force does not expect that the City and citizens can do everything on the list; the recommendations are more of a mission than an engineering plan; the top five initiatives are the most critical and highest priority. Vice Mayor Tam commended and congratulated the Task Force; stated Alameda is taking a strong leadership role with greenhouse gas emissions; obtaining a 1000 carbon -free mix is already built into the system; the "Zero Waste Strategy" is listed as the top tier priority versus vehicle use reductions; inquired whether the issue is a matter of control or actual tonnage. The Supervising Planner responded modeling was performed; the "Zero Waste Strategy" is number one because it reduces methane in the landfills. Vice Mayor Tam stated that one of the recommendations is to work with the School District to implement a recycling program; the School District contracts with Waste Management and does not have a recycling component; inquired whether said recommendation could be pursued independently through Alameda County Industries (ACI). The Supervising Planner responded there are Contract and potential union issues; stated the issue could be approached through community outreach. Mayor Johnson stated that students know how to recycle and get upset when everything goes in the garbage at the schools. Mr. Schiffman stated the School District has a cheaper contract by hauling everything off in one unit. Vice Mayor Tam stated that she is comfortable with the report. Vice Mayor Tam moved adoption of the resolution. Councilmember Matarrese seconded the motion. Under discussion, Councilmember Matarrese thanked each member of the Task Force; stated that the job of the Task Force is not over; discussions can be deferred to a later date regarding the formation Regular Meeting Alameda City Council Meeting 4 February 5, 2008 of a Commission; he would like to have the Task Force reconvene at special points; one job could be to link up Task Force priorities to the City's project list; the Task Force could review the budget and measure against priorities; an educational component was discussed when the Task Force was created; the job is half way done; people need to know about the priorities and how progress will be measured; some lower tier priorities could be accomplished, such as getting biodiesel into the diesel fleet; he is in support of the staff recommendation with the exception of dissolving the Task Force; the Task Force should review the prioritization list and budget before adoption and work on publicizing the outcome of the effort; the future of the Task Force should be revisited at the end of the summer. Vice Mayor Tam concurred with Councilmember Matarrese; inquired whether on -going participation would be in violation of the Brown Act. The City Attorney responded if the Task Force was considered to be a standing committee with on -going duties for a greater length of time, it would be considered a legislative body under the Brown Act and would have to meet in a public setting; Council could reconstitute the group in some other format. Councilmember deHaan inquired whether the Brown Act would prevail if a working task force under the Planning Board or PUB were established. The City Attorney responded a committee, commission or sub -group with a specific task or purpose of somewhat limited duration would not be considered to be a Brown Act committee. Councilmember Matarrese inquired whether not noticing the meetings was being considered. Vice Mayor Tam stated the question is a process question; she supports having a Citizen Advisory group help with priority settings and help examine how the recommendations fit in the budget; inquired whether there is an obligation as part of the motion to re- establish some type of Citizen Advisory group that is different than the Climate Protection Task Force originally formed in 2006. The Supervising Planner stated a public forum was held regarding the Local Action Plan; the last recommendation is to come back and determine whether or not an on -going commission should be established. Regular Meeting Alameda City Council Meeting 5 February 5, 2008 Mayor Johnson inquired whether a Citizen Advisory group would provide input to Council and staffing would not be necessary. The City Attorney responded that it could be done that way. Councilmember Gilmore stated several Task Force members are members of other commissions; constituting the Task Force in present form would be problematic. The City Attorney stated if a short -term committee meets for a longer period, it then becomes a Standing Committee; a Standing Committee is required to hold meetings in public under the Brown Act. Councilmember Matarrese stated priorities need to be used to measure what comes out of the overall City prioritization list and what has to be measured within the budget; Planning Board members are overwhelmed and may not be able to meet on the issues; he likes the idea of a Citizen Advisory Committee. Mayor Johnson inquired whether a Citizen Advisory Committee could meet without City staff. The City Manager stated the Task Force could be dissolved and options could be brought back to Council regarding implementation of a Citizen Advisory Committee as well as Councilmember Matarrese's recommendation regarding the budget process and priority setting. Councilmember Matarrese stated issues are critical; Council will determine how critical the issues are when money and resources are allocated; behaviors need to change if goals are to be met; he likes the idea of reconstituting the Task Force. Councilmember Gilmore requested that the motion be restated. Councilmember Tam restated the previous motion: adoption of the resolution with direction for staff to provide feedback on how a Citizen's Advisory Committee can be established to help with the budget and priority setting process. On the call for the question, the motion carried by unanimous voice vote - 5. Councilmember Gilmore thanked the Task Force; stated the Task Force has a great deal of passion regarding the matter. (08 -055) Recommendation to authorize the City Manager to execute Regular Meeting Alameda City Council Meeting 6 February 5, 2008 an Amended Contract with the National Golf Foundation to provide Master Planning Services in an amount not to exceed $80,000. The Recreation and Park Director gave a brief presentation. Mayor Johnson inquired what is the status on budget and revenues. The Recreation and Park Director responded January was not a good month; stated the last couple of days have been better; the deficit was $300,000 at the end of December; new marking campaign efforts have been implemented to increase the number of tournaments. Vice Mayor Tam inquired whether there is any hope of making up rounds, to which the Recreation and Park Director responded there is always hope. Mayor Johnson stated that the Junior Golf Program needs to be strengthened. The Recreation and Park Director stated some work has been done to bring the Mif Albright Course back to the original configuration. Mayor Johnson stated that golf instruction is critical; only eight people were at the driving range on Saturday; the driving range should be viewed as a golf promotion. The Recreation and Park Director stated Recreation Programs will be linked to the Golf Course. Councilmember deHaan stated wet weather kills Alameda's Golf Courses; Metropolitan Golf Links and Monarch Bay are very active one day after rain; both courses have great drainage; loyalty is lost when players cannot play; making the Golf Course playable is important. Mayor Johnson stated Metropolitan Golf Link's parking lot was full on Saturday and is directly related to the drainage. Opponent: Jane Sullwold, Golf Commission Chair. Councilmember deHaan stated a lot of information has already been presented and is a matter of embellishing said information; questioned whether utilizing marketing consultants would be worth the money; stated the Golf Commission and staff could be supportive. The Recreation and Park Director stated the National Golf Foundation (NGF) has nationwide knowledge regarding trends that Regular Meeting Alameda City Council Meeting 7 February 5, 2008 would be helpful. Mayor Johnson stated NGF has provided an operational analysis; master planning is requested now. Councilmember Gilmore stated that Council wants NGF to review Golf Commission recommendations; information is needed to decide the future of the Golf Course; the community needs to decide what the Golf Course should look like. Councilmember deHaan inquired whether the Request for Proposal (RFP) amount is included [in the $80,000], to which the Recreation and Park Director responded in the negative. Councilmember deHaan concurred with Councilmember Gilmore; stated many things will be brought to the table; $80,000 is expensive for a follow up Contract; inquired whether $80,000 was the amount of the bid. The City Manager responded in the affirmative; stated said amount includes an analysis of Golf Commission recommendations, such as reconfiguration. Councilmember Matarrese stated the cost could be more than $80,000 if staff did the work; $80,000 is a very small price to pay for a multi - million dollar operation; NFG would build on the suggestions and assessment of what is wrong with the current operation; the issue is too important to penny pinch. Mayor Johnson concurred with Councilmember Matarrese; stated that she agrees with the Ms. Sullwold regarding the $80,000 figure;, but does not think that there is a choice given the nature of future decisions. Councilmember Matarrese moved approval of the staff recommendation. Councilmember deHaan seconded the motion, which carried by unanimous voice vote - 5. (08 -056) Recommendation to adopt the Legislative Program for 2008. The Deputy City Manager gave a brief presentation. Mayor Johnson stated the Legislative Program is a good thing to do and provides an opportunity to react more immediately to federal and State issues; she would like to have the Program updated on a regular basis. Regular Meeting Alameda City Council Meeting 8 February 5, 2008 The Deputy City Manager stated the General Principles allow expansion of the document and state that local control and protection of local revenue is important. Mayor Johnson suggested that issues be placed under Council Communications if a Councilmember needs to add an item; cities need to advocate and take positions on State and federal issues. Councilmember Matarrese stated the Program is excellent; periodic updates are important; the School District crisis demands a place on the list; the Governor's current budget addresses suspending Proposition 98; the health of the School District is imperative to the health of the City; the funding stream needs to be maintained; requested that a resolution requesting the Governor to remove the matter from the budget be placed on the next City Council agenda. Councilmember deHaan stated that items the City has taken a position on should be highlighted; he does not want to take any power away from the Mayor; many times issues need to be responded to immediately. Mayor Johnson concurred with Councilmember deHaan. Councilmember deHaan stated the City has not made a strong stand on some of the items. Vice Mayor Tam inquired whether Councilmember deHaan was referring to a particular item. Councilmember deHaan responded E- commerce and Spay /Neuter Laws. Councilmember Gilmore stated Proposition lA did not provide protection for redevelopment money; she would like Council to take a strong stance on the matter. The Deputy City Manager stated the League of California Cities has argued that redevelopment funding is protected under Proposition lA; the matter can be added to the Program. Proponents: Michele Lagana, Oakland; Kristie Phelps, People for the Ethical Treatment of Animals. Councilmember deHaan moved approval of the staff recommendation with the caveat not to take away the Mayor's ability to act on spur of the moment issues. Councilmember Matarrese seconded the motion with direction to add a category for school funding. Regular Meeting Alameda City Council Meeting 9 February 5, 2008 Under discussion, Mayor Johnson stated Councilmembers should be able to add or review specific issues on an on -going basis and there should be an expedited process. Vice Mayor Tam stated that she is in support of the motion; the Program would enable her to be more productive at the League of California Cities' meetings. Mayor Johnson stated the Alameda County Conference of Mayors is adopting a Legislative Program in order to become more politically active at the State level. The City Manager stated staff would be able to respond to legislative alerts; departments may want to add to the list. On the call for the question, the motion carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON- AGENDA (08 -057) Bill Smith, Alameda, discussed the danger of waste. (08 -058) Bill Dodge, Alameda, discussed the crisis in healthcare and education; urged Council to call a crisis meeting to see what the City can do. (08 -059) Michael John Torrey, Alameda, discussed the Disaster Preparedness Fair on February 9 from 10:00 a.m. to 2:00 p.m. at the Garden Isle Community Center. COUNCIL REFERRALS None. COUNCIL COMMUNICATIONS (08 -060) Consideration of Mayor's nomination for appointment to the Housing Commission and Mayor's appointments to the Airport Operations Committee and Rent Review Advisory Committee. Mayor Johnson nominated Ching -Ching Ganley for appointment to the Housing Commission and appointed David Perry to the Rent Review Advisory Committee; continued appointments to the Airport Operations Committee. (08 -061) Councilmember deHaan stated that he attended the Housing Authority Town Hall Meeting; individuals had minor concerns; staff Regular Meeting Alameda City Council Meeting 10 February 5, 2008 was straight forward in responding to issues. (08 -062) Vice Mayor Tam stated that she, Councilmember deHaan, the City Manager and Alameda Development Corporation members participated in building and framing homes for Habitat for Humanity at the Buena Vista Commons. Councilmember deHaan stated AmeriCorps volunteers led the work party. Mayor Johnson stated that she attended a meeting with Habitat for Humanity yesterday; volunteering is a great experience; interested parties can sign up on the internet; the City's website has a link to Habitat for Humanity; further stated that Habitat for Humanity is building eight units [four duplexes] at Webster Street and Buena Vista Avenue. Vice Mayor Tam stated that approximately fifty volunteers participated in the event. Councilmember deHaan stated that families who will reside in the home need to contribute 400 hours of labor. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Regular Meeting at 9:55 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 Meeting 1 1 February 5, 2008