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2002-01-15 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - JANUARY 15, 2002 - - 7:30 P.M. Mayor Appezzato convened the Regular Meeting at 7:58 p.m. ROLL CALL - Present: Councilmembers Daysog, DeWitt, Johnson, Kerr, and Mayor Appezzato - 5. Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (02 -029) Announcement by Mayor Appezzato regarding the City of Alameda's participation in a U.S. Conference of Mayors Program to host a New York City firefighter during the weekend of March 1 -3, 2002. Mayor Appezzato announced that he would be attending the U.S. Conference of Mayors; stated Mayors would meet the President and travel to New York to pay tribute and attend a memorial service; also noted that he would accept a $100,000 grant from 3Com on his trip; stated Alameda was one of five cities to receive the grant, which will be used for Project Enterprise; further stated every city participating in the conference has been asked to host a New York Fire Fighter for three days; Alameda Fire Fighters have agreed to host a Fire Fighter from March 1 through March 3; hopefully, Council will join in unity to host the Fire Fighter. Deputy Fire Chief Steve Jones stated 28 Alameda Fire Fighters traveled to New York City last month and delivered a $97,000 check; money was raised through a Fire Fighter fundraiser and donations. Bob Hales, Local 689 Union Fire Fighter, stated the union will show the New York Fire Fighters a good time. Mayor Appezzato thanked the Alameda Fire Fighters for making a contribution to those in New York. (02 -030) Presentation by East Bay Regional Park District (EBRPD) on the March 5, 2002 EBRPD Ballot Measure. Doug Siden, EBRPD Director, introduced Ann Rockwell, Park Supervisor for Robert Crown State Memorial Beach, and Michael Anderson, EBRPD Chief of Design; stated Measure K will be on the Regular Meeting Alameda City Council 1 January 15, 2002 March ballot to address maintenance of land within the District and does not include acquisition; the District was started in 1934; EBRPD wants to: 1) maintain a high quality experience at parks; 2) open approximately 10,000 acres to the public; 3) increase public safety with additional Police Officers, Firefighters, and Park Rangers; and 4) address additional mandates for preserving wildlife; if Measure K passes, single- family residences will pay $1.00 per month and each apartment will pay $0.69 per month; low - income seniors can receive a 50% discount; commercial properties are not included; Measure K will sunset in 12 years; EBRPD includes Contra Costa and Alameda Counties; showed a video; submitted: "Proposed Parks 2002 "; a list of Measure K supporters; a list of park facility reservations by Alameda organizations and individuals; a list of Alameda groups using the regional parks; and a list of local grant program projects. Councilmember Kerr stated she has always voted positively for East Bay Regional Parks; Council prevented 35 acres from being paved over at Alameda Point [for an RV park]; ARRA approved 26 acres for a sports complex along the estuary; the original 11 acre park at Alameda Point has been reduced in size to provide a Championship Golf Course; Council is increasing the amount of recreational area and open space at Alameda Point; that she is disappointed that Alameda Point is not included in Measure K. Doug Siden stated all 500 projects were not listed on the ballot; if Measure K passes, $1.8 Million will be available for Alameda Point and Crab Cove. Mike Anderson, EBRPD, stated the RV park proposal would have removed some asphalt for landscaping. Mayor Appezzato thanked EBRPD for Crab Cove, the visitor center, the beach and all they do for the community. (02 -031) Presentation on the status of the Main Library Project. The Library Director introduced Library Building Team Members Marilyn Ashcraft and the City's Community Development Manager; gave a Power Point presentation on the Main Library Project. Vice Mayor DeWitt inquired whether the entrance would be located on Oak Street and the parking lot would be located at the other end of the building, to which the Library Director responded in the affirmative. Councilmember Daysog inquired whether a removable wall would divide two meeting rooms, to which the Library Director responded in the affirmative. Regular Meeting Alameda City Council 2 January 15, 2002 In response to Councilmember Daysog's further inquiry about how many people would be accommodated in the entire meeting room, the Library Director stated the room would accommodate 150 people. Councilmember Johnson inquired whether the young adults homework center would be for high school students. The Library Director responded in the affirmative; stated ages 13 to 17 would use the room; from observation, young adults like to study together and make noise; the homework center would have opportunities for tutoring and materials for young adults; the idea is to have the center part of the library, but to control the sound. Councilmember Kerr stated in the Carnegie Library, the periodical reading center was in a corner; the area attracted mostly senior adults; the center became a meeting area, as well as a reading room; periodicals are on the second floor; suggested that the periodical reading room be connected with the cafe. The Library Director stated there will be periodicals and popular newspapers in the cafe; the cafe is a secure area; a person can take a book or periodical from another part of the library to the cafe. Councilmember Kerr inquired whether there would be an elevator, to which the Library Director responded in the affirmative. In response to Councilmember Kerr's inquiry regarding whether there are reading rooms for adults, the Library Director stated there is a quiet reading room. Michael John Torrey, Alameda, stated that his question about the availability of elevators was addressed. CONSENT CALENDAR Mayor Appezzato announced that the Ordinance Amending the Alameda Municipal Code by Amending Subsection 1 -5.1 [paragraph no. 02 -036] was removed from the Consent Calendar for discussion. Vice Mayor DeWitt moved approval of the remainder of the Consent Calendar. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. Regular Meeting Alameda City Council 3 January 15, 2002 [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *02 -032) Minutes of the Adjourned Regular City Council Meeting held on January 2, 2002. Approved. ( *02 -033) Recommendation to award Contract in the amount of $98,700 to McGuire & Hester for Construction of Cypress Street, East of Third Street Improvements, No. P.W. 04- 01 -10. Accepted. ( *02 -034) Resolution No. 13426, "Approving and Adopting the Final Disadvantaged Business Enterprise (DBE) Program and Established Overall Annual DBE Goal of loo for Federal Fiscal Year 2001/2002." Adopted. ( *02 -035) Resolution No. 13427, "Authorizing Conversion of Attendant - Operated Public Parking Lots Located on Park Avenue and Central Avenue to Two -Hour Meter Operation, Including a Provision for Monthly Parking." Adopted. ( *02 -035A) Resolution No. 13428, "Authorizing the Application for Grant Funds for the Roberti- Z'Berg- Harris Urban Open Space and Recreation Program Under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000" Adopted; ( *02 -035B) Resolution No 13429, "Amending Resolution No. 13407 Authorizing the Application for Grant Funds for the Roberti- Z'Berg- Harris Open Space and Recreation Program Under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000, for the Renovation of Littlejohn Park" Adopted; and ( *02 -035C) Resolution No. 13430, "Amending Resolution No. 13418 Authorizing the Application for Grant Funds for the Per Capita Grant Program Under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000." Adopted. (02 -036) Introduction of Ordinance Amending the Alameda Municipal Code by Amending Subsection 1 -5.1 (Misdemeanors; Infractions; General Penalties; Continuing Violations) of Section 1 -5 (Penalty Provisions Enforcement) of Chapter I (General), to Set Mandatory Minimum Penalties for Specific Violations. Introduced. Councilmember Johnson stated the City Council takes quality of life in neighborhoods seriously. Councilmember Kerr stated code violations can be somewhat subjective regarding what is grand fathered and non - conforming; Regular Meeting Alameda City Council 4 January 15, 2002 inquired whether owners would have a period of time to comply with demands prior to being faced with criminal charges. The City Attorney responded in the affirmative; stated the criminal process is initiated by the City Council; under the City Charter, staff would approach Council prior to initiation of any type of criminal litigation, which will only be recommended for health and safety code dangerous conditions to people and property; prior to litigation, Council will have previously evaluated and rejected a civil option; the person would have gone through an administrative hearing with the City Manager; prior to that, the City Attorney's office would have addressed the matter with many letters, phone calls and notices; prior to that, the matter would have gone through the Building Department with notices and inspections based on a complaint; prior to facing criminal charges, the person will have received notice many times; Council will be the ultimate decision maker about whether or not criminal charges are warranted prior to initiation of litigation. Councilmember Johnson stated the ordinance does not change the City's ability with regard to criminal prosecution; the City has always had the ability; during her time on the Council, said authority has been exercised judiciously; the criminal prosecution process will not change; the ordinance sets mandatory minimum penalties if there is a criminal conviction. Councilmember Johnson moved introduction of the Ordinance. Vice Mayor DeWitt seconded the motion, which carried by unanimous voice vote - 5. ( *02 -037) Ratified bills in the amount of $1,379,199.33 REGULAR AGENDA ITEMS None. ORAL COMMUNICATIONS, NON- AGENDA (02 -038) Clyde Ryan, Lincoln Middle School Crossing Guard, stated vehicle traffic on Fernside Boulevard does not obey posted speed limit signs; that he has trouble getting traffic to stop; traffic continues when pedestrians are half way across the street; that he submitted a petition to have an all -way stop installed at Fernside Boulevard and San Jose Avenue; Public Works completed a survey and his petition was turned down; articles in the Alameda Sun newspaper have improved public awareness of the problem. Regular Meeting Alameda City Council 5 January 15, 2002 Mayor Appezzato requested the City Manager to discuss the matter with the Police Chief; suggested that an officer be assigned to the area for two or three days. (02 -039) Tom Pavletic, Alameda, stated there is often a lack of critical analysis of data; residents are tying to obtain information on how Alamedans acquire health care services; paraphrased Councilmembers Daysog, Johnson and Mayor Appezzato's comments from the last Council meeting regarding the Hospital providing information; stated Mr. O'Neill [Alameda Hospital CEO] has refused to provide information; limited exhibits included in the application to LAFCO [Local Agency Formation Commission] indicate Mr. O'Neill has said information; LAFCO made its decision without information about where Alamedans receive health care; that he has written County Supervisors and has not received information; suggested that Councilmembers direct Fire Fighters meet with him; further stated that he is trying to arrange a meeting with the Fire Department on ambulance services. Councilmember Kerr requested the Assistant City Manager, Operations meet with Mr. Pavletic. (02 -040) Jeff Cambra, Citizens for Responsible Taxation and Financial Alternatives, thanked the Mayor and City Manager for facilitating the first meeting between his organization and Mr. O'Neill and Dennis Pagones from the Alameda Hospital; submitted a copy of the questions presented to Mr. O'Neill and conditions which will be followed to keep the Hospital from being misquoted; stated hopefully, he be able to provide answers to the initial questions at the next Council meeting; his organization has prepared an alternative to the $298 parcel tax; the new method overcomes concerns about distribution of the tax burden and prevents the tax from continuing if the Hospital closes; submitted a copy of the proposal; further stated the proposal is a flat, specific meter tax; there are over 33,000 meters serving property owners, renters and businesses in Alameda; charging each meter $25 per month would provide $8.25 Million per year; the rate could be flexible; if Hospital became profitable, the rate could be lowered; Alameda Power & Telecom would collect the tax, rather than the County, which charges a fee; if the voters approved the tax, funds could be distributed immediately after the election on the next electric bill; a Hospital tax district would not be required; the City would be purchasing availability of emergency medical services, similar to purchasing road paving or tree trimming services; if the Hospital became insolvent, the City could terminate the purchase contract; the Hospital's attorney indicated the said method could not be used because of hospital district law; however, the method [of taxation] does not require a hospital district; therefore, Regular Meeting Alameda City Council 6 January 15, 2002 hospital district law does not apply; requested the Council to direct the City Attorney to provide the Council and residents of Alameda with the City's position on the viability of said proposal. Councilmember Kerr stated the April 9 ballot measure will be on the parcel tax as proposed [by LAFCO]; there is not an alternative method of revenue raising which will be on the April 9 ballot; LAFCO is sending the parcel tax to the voters; regardless of alternative ideas, the parcel tax will be considered on April 9. Mayor Appezzato stated under Proposition 13 and 218, voters removed elected official's ability to tax and put it in the hands of the voters; the matter is under LAFCO's jurisdiction, LAFCO is a County agency composed of elected officials; people can express whether they oppose or support the tax; that he will support the voters decision; the initiative was placed on the ballot by private individuals; on election day, the voters will make the decision. Councilmember Kerr stated the Hospital has indicated it will fold if the parcel tax does not pass; the matter cannot be discussed endlessly; the parcel tax will be voted on April 9; there are not all kinds of alternatives which Council can establish; Council did not make the decision. Councilmember Johnson inquired whether Mr. Cambra thought taxpayers might be concerned about putting millions of dollars into the Hospital, as opposed to a Hospital District with an elected board; stated if a district is not formed, it might raise concerns if management and operations continue as is with the taxpayers putting in millions of dollars each year. Councilmember Kerr agreed there might be concern because the City would be involved with funding the Hospital. Mr. Cambra stated as proposed by LAFCO, there would be no way out of the debt in the event of financial insolvency; whereas, if residents purchased services and the Hospital became insolvent, the contract would terminate; the Hospital would receive the same amount of money and existing management staff would remain in place. COUNCIL COMMUNICATIONS (02 -041) Selection of two (2) Councilmembers to serve on the AC Transit Planning Area 1 Subcommittee. Mayor Appezzato appointed Vice Mayor DeWitt and Councilmember Johnson to the AC Transit Planning Area 1 Subcommittee. Regular Meeting Alameda City Council 7 January 15, 2002 (02 -042) Mayor Appezzato requested staff to review the pedestrian hit in the crosswalk on Sheffield Road, including safety; suggested a pedestrian safety campaign be conducted by the Police Department; stated pedestrians, not only drivers, should be targeted; pedestrians might think it is safe to walk into a crosswalk because it is marked; signs could be posted at crosswalks directing pedestrian to look both ways before entering the crosswalk; the speed limit is 25 m.p.h.; there are a limited number of Police Officers; a campaign should educate pedestrians to not enter a crosswalk until it is safe; that his son wears earphones and walks down the street without thinking about crosswalks; there should be a campaign about drivers and pedestrian safety. (02 -043) Mayor Appezzato stated the Cities of San Leandro and Newark have entered into a preparedness program called C.A.R.D., Collaborating Agencies Responding to Disasters; requested the matter, including a briefing, be brought to Council for approval in the near future; stated the Council should have an opportunity to sign on to use community facilities when a disaster occurs; the City of Alameda should be part of all agencies which come together in a disaster; noted there might be a cost to participate. (02 -044) Mayor Appezzato stated two City of Oakland Councilmembers sent a letter asking Alameda to support State legislation to make streets safer; Oakland Councilmembers have requested letters be sent to Alameda's Assembly representatives and a Resolution be adopted; requested staff to review the matter and bring it to Council. (02 -045) Councilmember Kerr stated that when traveling west on Buena Vista, she approaches Constitution Way very cautiously; there is a blind spot due to a curve in Constitution Way between Lincoln Avenue and Buena Vista Avenue; cars run the light after it has been red for a noticeable period of time and are often speeding; recently, there was a death at Eagle Avenue and Constitution Way; the speeding on Constitution Way coming around the curve from Lincoln Avenue is frequent; that she has been almost hit because speeders appear very rapidly. (02 -046) Vice Mayor DeWitt announced that it was Martin Luther King's birthday; stated there would be a memorial program held on January 21, 2002. (02 -047) Councilmember Johnson stated that she supports the Mayor's suggestions regarding pedestrian education; there have been a number of pedestrian accidents; the approach should be two pronged: driver and pedestrian education. Regular Meeting Alameda City Council 8 January 15, 2002 (02 -048) Councilmember Daysog stated that his statements [from the January 2, 2002 Council meeting regarding the Hospital] were paraphrased; the paraphrase was "The Hospital is giving all the information;" that he actually stated: "Mr. O'Neill and the Hospital have provided information about what it takes to make a hospital operate." (02 -049) Councilmember Daysog thanked the Lincoln Middle School Crossing Guard [Clyde Ryan] for attending the meeting and thanked Mr. Ryan and his peers for their work at schools and intersections throughout the City. ADJOURNMENT There being no further business, Mayor Appezzato adjourned the Regular Meeting at 9:21 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 9 January 15, 2002