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2014-05-20 Regular CC Minutes Regular Meeting Alameda City Council May 20, 2014 MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -MAY 20, 2014- -7:00 P.M. Mayor Gilmore convened the meeting at 7:16 p.m. Vice Mayor Ezzy Ashcraft led the Pledge of Allegiance. ROLL CALL - Present: Councilmembers Chen, Daysog, Ezzy Ashcraft, Tam and Mayor Gilmore – 5. Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY & ANNOUNCEMENTS (14-192) Proclamation Declaring May 19 to May 23, 2014 as Saint Joseph Notre Dame High School Pilots Basketball Week. Mayor Gilmore read the proclamation and presented it to Simon Chiu, Chris Pondok and Don Lippi from Saint Joseph Notre Dame High School. (14-193) Proclamation Declaring May 22, 2014 as Harvey Milk Day. Mayor Gilmore read the proclamation and presented it to Dr. Henry Villareal and Gene Kahane, Co-Chairs of the Harvey Milk Day Celebration. Mr. Kahane presented the Councilmembers with posters from a School District contest honoring Harvey Milk. (14-194) Proclamation Declaring May, 2014 as Older Americans Month; and Mastick Senior Center Annual Report. Mayor Gilmore read the proclamation and presented it to Ron Limoges, Mastick Senior Center Advisory Board President. The Senior Services Manager and Mr. Limoges gave a Power Point presentation. (14-195) Presentation by Alameda County Transportation Commission (ACTC) on the Interstate-880/23rd/29th Avenue Project. Stefan Garcia, ACTC; Garrett Gritz, Design Consultant; and Val Ignacio, Scott McCrank and Walter Wallace, CalTrans, gave a Power Point presentation. *** Regular Meeting Alameda City Council May 20, 2014 Councilmember Daysog left the dais at 7:52 p.m. and returned at 7:54 p.m. Councilmember Chen left the dais at 8:06 p.m. and returned at 8:08 p.m. *** Vice Mayor Ezzy Ashcraft inquired how long the project would take. Mr. Garcia responded the traffic portion of the project will take approximately four years, and the actual project will take five years. Councilmember Daysog inquired when the 29th Street portion of the project would be completed, to which Mr. Garcia responded approximately two and a half years. Councilmember Tam inquired what the status is of the proposed High Occupancy Vehicles (HOV) lanes. Mr. Ignacio responded the Hegenberger Avenue and Davis Street projects will be completed this year; the Davis Street to Marina Avenue project will be completed by the summer of 2015. Mr. Garcia added neither of the HOV projects will be impacted by the 29th Avenue project. Mayor Gilmore inquired whether staff has notified Park Street businesses. The Public Works Director responded the Park Street Business Association (PSBA) attended a meeting on April 8th; stated staff will monitor and receive input from PSBA regarding impacts. Mayor Gilmore suggested leafleting businesses on Park Street. The Public Works Director stated staff would do so. ORAL COMMUNICATIONS, NON-AGENDA (14-196) Robert Kirwin, Alameda Boy Scouts Troup 73, submitted information; outlined the Eagle Scout project he would like to do to sand the wood at the bike bridge entrance. (14-197) Kevin Yee, Alameda, discussed the City’s ordinance that addresses playing sports in public streets; suggested amending the municipal code. CONSENT CALENDAR Mayor Gilmore announced that the Plans and Specifications and Call for Bids for Cyclic Sewer Replacement Project [paragraph no. 14- 200] and the Resolution establishing the International Association of Fire Fighters Supplemental Retirement and Health Plan Regular Meeting Alameda City Council May 20, 2014 [paragraph no. 14-204] were removed from the Consent Calendar for discussion. Councilmember Tam moved approval of the remainder of the Consent Calendar. Vice Mayor Ezzy Ashcraft seconded the motion, which carried by unanimous voice vote – 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*14-198) Minutes of the Special City Council Meetings the Special Joint City Council and Alameda Public Financing Authority Meeting; and the Regular City Council Meeting Held on April 15, 2014. Approved. (*14-199) Ratified bills in the amount of $1,652,786.50. (*14-200) Recommendation to Adopt Plans and Specifications and Authorize a Call for Bids for Cyclic Sewer Replacement Project, Phase 11, No. P.W. 06-13-16. Approved. Mayor Gilmore and Vice Mayor Ezzy Ashcraft recused themselves. Councilmember Chen moved approval of the staff recommendation. Councilmember Daysog seconded the motion, which carried by unanimous voice vote – 3. Abstentions: Vice Mayor Ezzy Ashcraft and Mayor Gilmore – 2. (*14-201) Recommendation to Adopt of Plans and Specifications and Authorize a Call for Bids for Raised Median and Curb Bulb-Out Improvements on Grand Street at Wood School, No. P.W. 03-14-16. Approved. (*14-202) Recommendation to Approve Implementation Phase of Federal Transit Administration Grant Funds for Improving Transit Access to and from Alameda Point. Approved. (*14-203) Resolution No. 14919, “Authorizing the City Manager to Submit a Request to the Metropolitan Transportation Commission for the Allocation of $125,917 in Fiscal Year 2014/2015 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding and to Execute All Necessary Documents.” Adopted. (*14-204) SUMMARY: Adopt a Resolution Establishing the International Association of Fire Fighters (IAFF) Supplemental Retirement and Health Plan (Plan) and Trust Agreement for IAFF Employees Hired After June 7, 2011 as Provided in the Memorandum of Understanding (MOU) between the City and IAFF, including the “Pick Up” by the City of Employee Contributions, Appoint Positions of Trustee and Plan Administrator, and Delegate Authority to the Plan Administrator to Execute Plan Documents. Resolution No. 14920, “Establishing the City of Alameda International Association of Regular Meeting Alameda City Council May 20, 2014 Fire Fighters (IAFF) Supplemental Retirement Plan and Trust Agreement for IAFF Employees Hired After June 7, 2011 as Provided in the Memorandum of Understanding between the City and IAFF.” Adopted. Vice Mayor Ezzy Ashcraft wanted the item to be summarized for the public. The Assistant City Manager gave a brief presentation. Councilmember Tam moved adoption of the resolution. Vice Mayor Ezzy Ashcraft seconded the motion, which carried by unanimous voice vote – 5. REGULAR AGENDA ITEMS (14-205) Resolution No. 14921, “Appointing Cheryl Saxton as a Member of the Golf Commission.” Adopted. Councilmember Tam moved adoption of the resolution. Councilmember Chen seconded the motion, which carried by unanimous voice vote – 5. (14-206) Introduction of Ordinance Approving a Lease and Authorizing the City Manager to Execute Documents Necessary to Implement the Terms of the Third Lease Amendment with Artemis Racing, USA for Twenty-Four Months with Two Additional Options for Eighteen Months and Six Months in Building 12 Located at 1050 West Tower Avenue, a Portion of Taxiway H and Access to the Seaplane Lagoon at Alameda Point. Introduced. The Chief Operating Officer – Alameda Point gave a brief presentation. Mayor Gilmore stated that she hopes the America’s Cup will return to the San Francisco Bay. Vice Mayor Ezzy Ashcraft inquired when the location of the next America’s Cup be announced, to which the Chief Operating Officer – Alameda Point responded that she does not know. Councilmember Tam moved introduction of the ordinance. Councilmember Daysog seconded the motion, which carried by unanimous voice vote – 5. (14-207) Resolution No. 14922,“Initiating Proceedings for a Proposed Increase in Assessments, the Consolidation of Zones 2 and 3 into a Single Zone 8 (Webster Street), and the Filing of an Assessment Engineer’s Report for Island City Landscaping Regular Meeting Alameda City Council May 20, 2014 and Lighting District 84-2, Proposed Zone 8.” Adopted; and (14-207 A) Resolution No. 14923,“ Preliminarily Approving the Annual Report Declaring Intention to Order Levy and Collection of Assessments and Providing Notice of Public Hearing on July 15, 2014, Island City Landscaping and Lighting Maintenance District 84-2, Zone 8.” Adopted. Councilmembers Chen and Daysog recused themselves and left the dais. The Public Works Administrative Services Manager gave a Power Point presentation. Vice Mayor Ezzy Ashcraft inquired whether the stagnant rate of assessment is similar for both Webster Street and Park Street, to which the Public Works Administrative Services Manager responded in the affirmative. Councilmember Tam inquired how many opportunities has Webster Street had to increase the assessment. The Public Works Administrative Services Manager responded there was one opportunity in 2007 which did not pass. Councilmember Tam inquired whether changes have been made since 2007 that would make the assessment more likely to pass. The Public Works Administrative Services Manager responded in the affirmative; stated more information is available to the property owners and there is more outreach. Provided background information; outlined service impacts due to lack of funds and outreach efforts to property owners: Sandip Jariwala, Webster Street Business Association. Vice Mayor Ezzy Ashcraft moved adoption of the resolutions. Councilmember Tam seconded the motion, which carried by unanimous voice vote – 3. [Absent: Councilmembers Chen and Daysog – 2.] (14-208) Resolution No. 14924, “Approving a Memorandum of Understanding (MOU) between the Electrical Utility Professionals of Alameda (EUPA) and the City of Alameda for the Period Commencing February 23, 2014 and Ending December 26, 2015.” Adopted. The Administrative Services Director gave a brief presentation. Councilmember Tam moved adoption of the resolution. Vice Mayor Ezzy Ashcraft seconded the motion, which carried by unanimous voice vote Regular Meeting Alameda City Council May 20, 2014 – 5. Thanked the Council for approving the MOU: Bill Garvine, EUPA. (14-209) Resolution No. 14925, “Approving a Compensation Plan Between Alameda Municipal Power Unrepresented Management Employees (UME) and the City of Alameda for the Period Commencing February 23, 2014, and Ending December 26, 2015.” Adopted. The Administrative Services Director gave a brief presentation. Stated AMP’s strategic plan emphasized the need to attract and retain employees; thanked Council and staff for support; urged approval: Doug Draeger, UME. Councilmember Tam moved adoption of the resolution. Vice Mayor Ezzy Ashcraft seconded the motion, which carried by unanimous voice vote – 5. (14-210) Recommendation to Approve City-wide Bench Marks and Performance Measures. The City Manager and Assistant City Manager gave a brief presentation. The Assistant City Manager clarified the two exhibits; stated Exhbit 1 is the Performance Measures presented to the Council in December which includes comments from the Council and the community; Exhibit 2 is the Performance Measures proposed for Council approval tonight. Mayor Gilmore inquired how the number of website visits and the number of website complaints are related. The Assistant City Manager responded the number of website visits provides analytic data regarding whether information on the website is being presented in a useful way; stated the complaints are broad and are tracked differently. Vice Mayor Ezzy Ashcraft requested clarification on the Public Works performance measure “percent of public service requests responded to in one business day”. The Public Works Administrative Services Manager responded the measure encompasses many different requests including reports of potholes, garbage on the street, repairs needed; stated the focus is providing a substantive response and acknowledgement to the requestor; the measure tracks acknowledging the requests, not when they are remedied. Regular Meeting Alameda City Council May 20, 2014 Vice Mayor Ezzy Ashcraft requested clarification on the Public Works performance measure “percent of departments that qualify as green businesses”. The Public Works Administrative Services Manager responded the Alameda County Environmental Services Department evaluates private businesses and government agencies on recycling, composting, water and energy usage; stated the business meeting a higher standard are Green Certified; the measure applies to each City department. Vice Mayor Ezzy Ashcraft inquired why the Recreation and Parks Department does not measure the number of programs offered, number of program participants, and percent of change in participants similar to the Library. The Recreation and Parks Director responded the focus was more on revenue and expenditures; stated the Department considered including number of participants, but participants can vary and is not always the best measurement; that she could add the number of programs and activities offered as a measure. Vice Mayor Ezzy Ashcraft inquired whether the City Attorney title should include Risk Management, to which the City Attorney responded Risk Management falls under City Attorney. Vice Mayor Ezzy Ashcraft inquired whether the Police and Fire Departments measure of cost of personnel per capita include salaries and benefits, to which both the Police and Fire Chiefs responded in the affirmative. Discussed the public computers at the library and the website; stated all meetings should be listed on one calendar: Carol Gottstein, Alameda. Councilmember Chen moved approval of the staff recommendation. Councilmember Daysog stated he is pleased with the benchmarks and the measures are a great benefit for residents. The Assistant City Manager acknowledged Nancy Hetrick of Management Partners; stated Ms. Hetrick will start the staff training phase after Council approval of the Performance Measures. The City Manager stated the performance measure process will begin Jan 1, 2015 and will not be used as an evaluative tool for three years. Councilmember Tam seconded the motion, which carried by unanimous voice vote – 5. (14-211) Recommendation to Authorize the City Manager to Enter into a Purchase Agreement with Vigilant Solutions for Four, Vehicle Mounted, 3-Camera Automated Regular Meeting Alameda City Council May 20, 2014 License Plate Recognition (ALPR) Systems and to Negotiate and Execute Related Documents, Agreements and Modifications in an Amount Not to Exceed $80,000. The Police Chief gave a brief presentation. Councilmember Chen inquired who provided the draft policy. The Police Chief responded the draft policy was compiled by the Police Department; stated the second version of the policy is more customized for Alameda. Councilmember Chen inquired whether the difference between the three- and four- camera equipment is the ability to capture more license plates, to which the Police Chief responded in the affirmative. Councilmember Chen inquired where funds would go if not used for the ALPR. The Police Chief responded the funds would go back to the fund balance. The City Manager stated under the two-year budget, half of the funds would go back to the fund balance, the other half can be used to purchase equipment or one-time capital expense with City Manager approval. In response to Councilmember Daysog’s inquiry, the Police Chief stated retention is typically one year; the California Highway Patrol retention is three months. Councilmember Daysog inquired what is the guiding framework to determine reasons to keep data beyond the six-month retention period. The Police Chief responded there are two key reasons: 1) a pending lawsuit, and 2) a criminal investigation for an ongoing major crime; stated the draft policy recommends deleting the data from the server and storing it on a separate device for reference on active criminal cases. Vice Mayor Ezzy Ashcraft stated that she received a lot of emails from citizens concerned that ALPR could be used for racial and religious profiling. The Police Chief stated the Police Department would not use the ALPR for profiling; the ALPR just captures license plates and cannot distinguish race, gender, ethnicity, or religion; the draft policy specifies uses that are prohibited, including invasions of privacy, harassment, intimidation, or personal use. In response to Vice Mayor Ezzy Ashcraft’s inquiry, the Police Chief stated the vehicles with the ALPRs will be marked. Vice Mayor Ezzy Ashcraft stated that she would like public discussion regarding cameras mounted on stationery locations to come back to Council. Regular Meeting Alameda City Council May 20, 2014 The Police Chief concurred with the Vice Mayor; stated the stationery cameras cannot be interchanged with car-mounted cameras. Vice Mayor Ezzy Ashcraft inquired how bad crime is in Alameda that the ALPRs are needed. The Police Chief responded that he is proud Alameda is a safe community without a lot of violent crime, but there has been a 22% increase in property crime: stolen cars, break-ins, burglaries; additionally, people who commit crimes often pass through Alameda, with the ALPRs, Alameda could locate an Amber Alert vehicle or assist another agency. Vice Mayor Ezzy Ashcraft inquired who has control of the data once it is out of Alameda Police Department’s hands. The Police Chief responded the contract with Vigilant Solutions would require deletion of data after six months; stated the Northern California Regional Intelligence Center (NCRIC) would customize record deletion to meet Alameda’s retention policy. Vice Mayor Ezzy Ashcraft inquired whether Alameda Police Department (APD) would share data with other regional surveillance programs such as Homeland Security, to which the Police Chief responded in the negative; stated if APD enters an MOU with NCRIC, other participating agencies would have mutual access. Vice Mayor Ezzy Ashcraft inquired whether Homeland Security has an MOU with NCRIC, to which the Police Chief responded he does not know. Vice Mayor Ezzy Ashcraft inquired whether APD intends to enter an MOU with NCRIC, to which the Police Chief responded in the affirmative. In response to Vice Mayor Ezzy Ashcraft’s inquiry, the Police Chief stated the MOU with NCRIC does not have to be approved by Council. In response to Vice Mayor Ezzy Ashcraft’s inquiry, the Police Chief stated participating agencies would have equal rights and access to the system and can request data from a specific time. Councilmember Daysog inquired whether NCRIC would retain a copy of the data beyond the six-month retention, to which the Police Chief responded in the negative; stated NCRIC will comply with APD’s retention schedule. Vice Mayor Ezzy Ashcraft inquired whether audits could be done every six months, to which the Police Chief responded in the affirmative; stated NCRIC audits once a year; if Alameda does an audit at six months, audits would be every six months. Regular Meeting Alameda City Council May 20, 2014 Councilmember Tam inquired how many officers is APD down, to which the Police Chief responded six. *** Councilmember Chen left the dais at 9:35 p.m. and returned at 9:37 p.m. *** Councilmember Daysog inquired whether the percent of data retained in the six-month period could be tracked, to which the Police Chief responded in the affirmative. In response to Councilmember Daysog’s inquiry, the Police Chief stated personal or identifying information is not collected when a license plate is scanned. Vice Mayor Ezzy Ashcraft inquired how the APD would address erroneous license plate reads. The Police Chief responded Officers would follow required steps, including visual and dispatch confirmation; stated counter-measures are already being developed against the ALPR technology; staff would be relied upon to take the extra verification steps. Councilmember Daysog concurred with the Police Chief, stated the ALPR technology is not on autopilot, human involvement is required. *** Councilmember Tam left the dais at 9:45 p.m. and returned at 9:47 p.m. *** Stated the readers should delete information immediately; expressed concern over the cost: Donna Eyestone, Alameda. Expressed concern over other agencies having access to the information: Carol Gottstein, Alameda. Vice Mayor Ezzy Ashcraft stated there are adequate safeguards in place; the ALPR devices will be used on public streets where there is no expectation of privacy; that she supports the item with the modifications for a six-month retention, two audits per year, and removal of fixed location cameras. Councilmember Tam stated policies in other jurisdictions were not vetted by Councils or the public; commended the Police Chief and staff on being transparent; moved approval of the staff recommendation. Vice Mayor Ezzy Ashcraft inquired whether proposed modifications could be included as direction to the Police Chief and included in the motion. The Police Chief responded that he would modify the policy. Regular Meeting Alameda City Council May 20, 2014 Councilmember Tam moved approval of the staff recommendation and giving direction to the Police Chief. The City Manager stated the action to give direction needs to be voted on by the entire Council. Mayor Gilmore stated Council should make two separate motions: 1) approval of the staff recommendation, and 2) giving direction to the Police Chief. Councilmember Tam amended the motion for approval of the staff recommendation. Councilmember Daysog stated voting on this matter is following through with his commitment to arm APD to deal with crime; seconded the motion. Mayor Gilmore stated that she concurs with her colleagues; she appreciates privacy concerns; safeguards are in place; smart phones have GPS tracking; license plates are already out in the public; commended APD for being proactive in holding community forums. Councilmember Chen stated that he concurs with the Mayor; the ALPR is a tool to increase the effectiveness of the APD; requested a daily checklist to ensure the equipment is not being tampered with; requested a copy of the audits; hopefully, monthly audits will reassure community of privacy. Vice Mayor Ezzy Ashcraft inquired whether the Police Chief would agree to more frequent audits initially. On the call for the question, the motion carried by unanimous voice vote – 5. Mayor Gilmore requested a description of an audit. The Police Chief responded that he does not have knowledge of a ALPR data audit, but can describe a similar audit APD conducts; stated a typical audit involves reviewing information on the access to the data: who accessed the data, when, where, and why; if there are any blanks, there will be an investigation; further stated not everyone in APD will have access to the information, not even himself; he has not determined which staff will have access. Councilmember Chen inquired whether the audit process is automated and would not take staff time. The Police Chief responded in the affirmative; stated the process is automated, but the computer will not know if the person accessing the information is violating the policy, human verification is needed. Regular Meeting Alameda City Council May 20, 2014 Vice Mayor Ezzy Ashcraft inquired whether the system of data collection itself be hacked or compromised, to which the Police Chief responded he did not know and would check with NCRIC. Councilmember Chen suggests a weekly checklist to make sure equipment is working properly, and has not been tampered with. Mayor Gilmore stated the equipment must have a regular maintenance schedule. Councilmember Chen inquired whether a checklist could be added to the regular maintenance schedule, to which the Police Chief responded in the affirmative. Councilmember Daysog stated that he leaves it to the City Manager and Police Chief on how to convey information to the Council. Mayor Gilmore moved approval of directing the City Manager to give direction to the Police Chief to modify the ALPR policy to include: 1) audits every six months, 2) regular equipment maintenance, 3) report of exception to six-month retention, and 4) removal of stationery cameras from the policy. Councilmember Daysog seconded the motion, which carried by unanimous voice vote – 5. (14-212) Recommendation to Approve the Transportation Demand Management Plan for Alameda Point. The Chief Operating Officer – Alameda Point gave a Power Point presentation. Vice Mayor Ezzy Ashcraft inquired how management would make necessary changes if a certain approach does not work. The Chief Operating Officer – Alameda Point responded the Transportation Management Association (TMA) is comprised of City staff, consultants, and a technical committee; stated the City Council is still in charge; once a TMA is formed, the bylaws would mandate program goals and objectives; Council ultimately controls the pace of development; the intent of the TMA is to make sure the project is successful. Councilmember Daysog stated the TDM is a great forward step for Alameda Point which changes the behavior, culture and lifestyle of residents and employers; suggested future residents and employers be educated with a 20-minute discussion. Councilmember Chen stated that he supports the plan; inquired whether it is too early to determine if the TDM currently in place at Alameda Landing is working, to which the Chief Operating Officer – Alameda Point responded in the affirmative. Councilmember Tam inquired whether the transit subsidies are in addition to the Regular Meeting Alameda City Council May 20, 2014 property tax generated from the site, to which the Chief Operating Officer – Alameda Point responded in the affirmative; stated the special tax revenue budget outlined in the plan requires each employer or resident association to submit a compliance strategy to demonstrate how the subsidized services would be used. Expressed concern over applying the plan to the Del Monte project; suggested the entire City be engaged; stated the Plan does not have teeth: Debra Arbuckle, Alameda. Stated driving through the Tube is difficult now; discussed antiques fair traffic: Anne McDonald, Alameda. *** (14-213) Councilmember Daysog moved approval of continuing past 11:00 p.m. Councilmember Chen seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Chen, Daysog and Mayor Gilmore – 3. Noes: Councilmembers Ezzy Ashcraft and Tam – 2. *** Councilmember Tam stated the speaker concerns are well-founded; Alameda has the second highest bus ridership next to Berkeley; the City has a good culture with a lot of promise in the TDM; over time, people will be able to see how the TDM works with the changing public transit opportunities. Councilmember Daysog stated there are specific ways to deal with fulfilling goals and obligations; when it comes to generating and capturing the value of Alameda Point, a portion of the future value might be reserved for capital intensive improvement projects; that he hopes to see a change in culture. Mayor Gilmore stated when goals are not met, there should be something in place to enforce people to change behavior until another plan can be created to meet the goals. The Chief Operating Officer – Alameda Point concurred with the Mayor; stated the parking management strategy is designed to discourage driving by increasing price and reducing supply; the strategy is not intended to be punitive, but in event things are failing, the City Council maintains control; ultimately Council controls land disposition and development rights and can make different decision on how to develop the property. Councilmember Tam moved approval of the staff recommendation. Vice Mayor Ezzy Ashcraft seconded the motion, which carried by unanimous voice vote – 5. CITY MANAGER COMMUNICATIONS Regular Meeting Alameda City Council May 20, 2014 (14-214) The City Manager announced a ceremony was held to honor the re-opening of the Mif Golf Course today; urged everyone play the new course; announced a service would be held on Memorial Day at 11:00 a.m. ORAL COMMUNICATIONS, NON-AGENDA None. COUNCIL REFERRALS None. COUNCIL COMMUNICATIONS (14-215) Mayor Gilmore announced that she attended the shopping center convention; an announcement about potential retailers would be made sometime soon. ADJOURNMENT There being no further business, Mayor Gilmore adjourned the meeting at 11:11 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance.