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2000-07-05 Regular CC MinutesMINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING WEDNESDAY- -JULY 5, 2000- -7:30 P.M. Mayor Appezzato convened the Regular Meeting at 7:40 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 None. CONSENT CALENDAR Councilmember Johnson moved approval of the Consent Calender. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *00 -371) Minutes of the Special Council Meeting (Work Session) held on June 19, 2000, and the Special and Regular City Council Meetings held on June 20, 2000. Approved. ( *00 -372) Recommendation to approve the nomination of Mayor Appezzato for appointment to the San Francisco Bay Area Water Transit Authority. Accepted. ( *00 -373) Recommendation to adopt Plans and Specifications, authorize call for Bids, and authorize the City Manager to negotiate and execute all Agreements for award of the Construction Contract for Alameda Point Building 7 Utility Upgrades, No. P.W. 10- 98 -26. Accepted. ( *00 -374) Recommendation to accept Improvements for Tract 6969 (Schuler Homes - The Gardens). Accepted. ( *00 -375) Resolution No. 13240, "Amending Conflict of Interest Code by Amending Paragraph Two of Resolution No. 9460 Relative to Disclosure Positions and Disclosure Categories and Rescinding Resolution No. 13113." Adopted. Regular Meeting 1 Alameda City Council July 5, 2000 ( *00 -376) Resolution No. 13241, "Calling for a General Municipal Election to be Consolidated with the Statewide General Election, to be Held in the City of Alameda on Tuesday, November 7, 2000." Adopted. ( *00 -377) Resolution No. 13242, "Requesting the Alameda County Board of Supervisors to Permit the County Clerk /Registrar of Voters to Render Specified Services to the City Relating to the Conduct of the Consolidated General Municipal Election on Tuesday, November 7, 2000." Adopted. ( *00 -378) Resolution No. 13243, "Establishing Guidelines for Reimbursement of Per Diem Allowance for City of Alameda Business Travel." Adopted. ( *00 -379) Resolution No. 13244, "Amending the Alameda City Employees Association Salary Resolution by Establishing the Salary for the Position of Plans Examiner." Adopted. ( *00 -380) Resolution No. 13245, "Amending the Alameda Management and Confidential Employees Association Salary Resolution by Establishing the Salary for the Positions of Assistant to the City Manager, Development Services Director, Information Technology Director, Training /Organizational Development Manager, Redevelopment Manager and Computer Services Technician." Adopted. ( *00 -381) Resolution No. 13246, "Authorizing an Advance under the Cooperation Agreement Between the City of Alameda and the Community Improvement Commission." Adopted. ( *00 -382) Introduction of Ordinance Amending the Alameda Municipal Code Section 23 -3 (Trees and Shrubbery) of Chapter XXIII (Parks, Recreation Areas and Public Property), Thereof, Granting Authority to the Public Works Director to Supervise, Control and Manage City Trees and Shrubs. Introduced. ( *00 -383) Ratified bills in the amount of $1,867,027.45. REGULAR AGENDA ITEMS (00 -384) Resolution No. 13247, "Appointing Michael Torrey as a Member of the City Housing Commission." Adopted. Councilmember Johnson moved adoption of the Resolution. Vice Mayor Daysog seconded the motion, which carried by unanimous voice vote - 5. Regular Meeting 2 Alameda City Council July 5, 2000 The City Clerk gave the Oath of Office and presented Mr. Torrey with a Certificate of Appointment. (00 -385) Resolution No. 13248, "Appointing Karin Lucas as a Member of the Public Utilities Board." Adopted. Councilmember Johnson moved adoption of the resolution. Vice Mayor Daysog seconded the motion. Marion Miller, President, Alameda City Employees Association, stated the Association opposes the appointment of former Councilmember Karin Lucas to the Public Utilities Board [PUB]; provided reasons for reconsidering the appointment; requested Council to table the matter, thoroughly review other candidates, and make another selection. Mayor Appezzato stated that he would be happy to accept letters of recommendation from the Association in the future. Vice Mayor Daysog stated that he was astounded at comments [made by Ms. Miller] after all of Karin Lucas's contributions on the City Council. Mayor Appezzato stated that he would stand by his nomination of the first woman to serve on the PUB. On the call for the question, the motion carried by unanimous voice vote - 5. The City Clerk gave the Oath of Office and presented Ms. Lucas with a Certificate of Appointment. (00 -386) Resolution No. 13249, "Appointing Thomas N. Billings as a Member of the Cable Television Advisory Committee." Adopted. Councilmember DeWitt moved adoption of the Resolution. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. The City Clerk gave the Oath of Office and presented Mr. Billings with a Certificate of Appointment. (00 -387) Resolution No. 13250, "Approving and Adopting the Operating Budget and Capital Improvements for Fiscal Year 2000 -01, and Appropriating Certain Moneys for the Expenditures Provided in Said Fiscal Year." Adopted. Regular Meeting 3 Alameda City Council July 5, 2000 Mayor Appezzato requested the City Manager to explain how the City will deal with [street] trees and the [Alameda Historical] Museum; stated the Vice Mayor also has a comment about [Capital Improvement Projects for] the Parks. Councilmember Kerr requested that Package K also be addressed. The City Manager stated $38,400 has been included in each of the next two fiscal years for the Museum; the funding for street trees has been increased from $5,000 to $25,000; $100,000 has been included for small Capital Improvement Projects (CIP) ; criteria will be developed for small CIP, projects will be ranked, and the matter will be brought to Council for approval. Assistant City Manager of Economic and Community Development [Mr. Berger] stated an Off Agenda Report, entitled Budget Information, was sent to the Council on June 29; Package K is identified in the Business Plan which Council reviewed and accepted in December of 1998; the Plan identifies areas for potential development packages to invest in infrastructure replacement; the Housing Development Manager's proposed objectives address starting a feasibility analysis on the next redevelopment project; pursuant to the Business Plan the next project was to be housing in the Package K area; Housing Development objectives were revised in response to the desire that affordable housing be addressed. The City Manager stated that he added the goal to acquire an additional $500,000 to reopen the first floor of the Carnegie Building. Mayor Appezzato stated that the matter of funding the Carnegie Building should be revisited after the November election in order to allow the community to have a place to hold community functions; stated the City wants to redo all of the sewer lines and underground utilities lines; there is not enough money to maintain the current parks; there are tremendous demands. Vice Mayor Daysog stated small projects are often unfunded; if small projects cannot be funded in the current economy, they might never be funded. Mayor Appezzato stated the City has $5 Million in uncommitted reserves, and $10 Million in committed reserves; it is not good practice to spend down reserves; the City Council would like to have a 25% reserve. Councilmember Johnson stated the Carnegie Building should be pushed Regular Meeting 4 Alameda City Council July 5, 2000 as a priority; it is a beautiful historic building and should be reopened to the public. Councilmember Kerr requested a report on the current plans for the Package K area housing. Councilmember Kerr stated the Council is telegraphing on the library agenda item; the current status is the voters would be asked to vote for the bond measure not knowing whether funding would be for the Carnegie building upgrades and expansion, or for construction at the LinOaks site; the Council has telegraphed the opinion that the Carnegie would not be used as a library. Mayor Appezzato stated the matter of the Carnegie Building should be addressed after the November election. Councilmember DeWitt stated the budget is the largest he has reviewed on Council; the budget adds personnel and increases salaries; stated 4 years ago, there was consideration of reducing City staff. Councilmember Johnson stated there are always more things the City wants to do, but cannot fund; the City is working to generate revenues. Vice Mayor Daysog moved adoption of the Resolution, with recognition of the comments made by the City Manager on the four items [funding for the Alameda Historical Museum, street trees, small CIP's, and the Carnegie building]. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. (00 -388) Recommendation to adopt Resolution of Necessity, introduce an Ordinance Submitting to the Voters on November 7, 2000, a Proposition to Issue General Revenue Bonds for the Alameda Free Library, adopt Tax Rate Statement, and designate the Mayor to write the Argument in Favor of the Ballot Measure; (00 -388A; Interest Certain Issuance and Resolution No. 13251, "Determining that the Public and Necessity Demand - Municipal Improvements of General Obligation =he Acquisition and Development of and Their Financing through the Bonds (Public Library)." Adopted; (00 -388B) Introduction of Ordinance Ordering the Submission of a Proposition of Incurring Bonded Debt to the Qualified Voters of the City of Alameda at the General Municipal Election to be Held on Regular Meeting 5 Alameda City Council July 5, 2000 November 7, 2000, for the Purpose of Financing the Acquisition and Development of Certain Municipal Improvements (Public Library) and Calling for a Consolidated Special Municipal Election in the City of Alameda on November 7, 2000. Introduced. The Library Director gave a brief presentation. Mayor Appezzato stated the voters of the State of California approved a Bond Measure [Proposition 14] which the taxpayers will fund; the City has the opportunity to acquire 650 of the funding for libraries and has to commit to providing 350 of the funding; announced that staff report Exhibit D had a revision under the heading "Per $100 of Assessed Valuation" the number should be $.01598, not $15.98. Councilmember Johnson inquired when the City needs to apply for the funding. The Library Director stated the rules and regulations process will take a year or longer; hopefully, the City will be able to apply by mid- to late -2001; the process will be open for several months to prepare and submit applications. The City Manager stated presuming the Council moves forward and the citizens vote to improve the libraries, as soon as the rules are identified the City should move quickly to submit its application at the outset; $350 Million is available; other communities would like to use the money. Councilmember Johnson stated the public should know that once the City has the rules, it needs to be ready to apply; if Alameda does not apply, the money will be gone; money taxpayers contribute will go to other communities. Mayor Appezzato stated the 35% match will not go into effect unless the City is granted the additional 65% funding from the State. Councilmember Johnson stated the City has to pass the Bond Measure to pay its share or will not be eligible to receive the 650 [from the State] ; the City does not have the money to match without bonds. Terri Brohard, Library Board, stated the Library Board passed a Resolution recommending that the City initiate a General Bond Election in November to raise local matching funds needed for the library construction and /or renovation project; the main library is too small; a larger, more modern facility is required; branches need enhancement; the interim main library is a temporary dwelling; Regular Meeting 6 Alameda City Council July 5, 2000 the Proposition 14 grant is an excellent opportunity; other cities would like to take advantage of funding. Marilyn Ezzy Ashcraft, Library 2000, stated Alameda worked hard and long to get Proposition 14 passed; the City passed the Proposition with one of the highest yes vote counts in the State; the Ballot Measure being considered is economically sensible; the State Bond Measure was for $350 Million, however, there is greater need and the money will go fast; not all communities which need funding will receive it; Alameda has the oldest library in the State that has not been renovated or replaced. Frank Matarrese, Alameda, stated there is a chance to retain tax dollars in Alameda and put a multi - million dollar investment into the City's downtown; the building, construction and renovation will benefit everyone. Gerhard Degemann, Alameda, stated that he will vote for a library bond; location is not important; funding must be secured; the current site of the temporary main library [Historic Alameda High School] will not remain available; a School District Committee is looking into using the [temporary main library] building for classrooms when the lease is up. Lena Tam, President, League of Women Voters of Alameda, stated the League believes a state -of- the -art library is a critical part of voter education activities; the League is committed to working on passage of the Ballot Measure. Councilmember Johnson moved approval of the staff recommendation [adoption of Resolution and introduction of Ordinance]. Councilmember Johnson stated other communities have amazing libraries compared to Alameda; libraries have more potential to serve the community than in the past; Alameda voters passed the State Bond Measure by 720; the City cannot complete a new library unless matching funds are approved; Alameda needs a better library; unless the voters approve the Measure, tax dollars will go to other communities libraries. Councilmember DeWitt seconded the motion. Under discussion Councilmember DeWitt stated the State Bond Measure passed; there were three things left for the City to do: 1) acquire the 1/3 match; 2) select the site location; many people feel the Carnegie Building would be an excellent site, others prefer the High School, and others prefer the LinOaks site; after the November election, if the measure is successful, the Council and citizens of Regular Meeting 7 Alameda City Council July 5, 2000 Alameda should have a legitimate discussion as to the location of the library, including asking for an advisory opinion from the voters in March 2001; there is time to have the public review the matter and come up with a legitimate recommendation and allow Alamedans to choose the [library] location; 3) the City must be dutiful and get the money from the State; when it is time for another motion, there should be a Resolution on a City -wide discussion of the library location. Mayor Appezzato stated the matter is not on the agenda tonight and will be discussed after November. Councilmember DeWitt stated that he would like to add the matter to the agenda; the Bond Measure is on the agenda; he would like everyone to know they can choose the location. Councilmember Johnson stated the Council should stick to what is on the agenda tonight; the library location will be selected through Public Hearings. The City Attorney apologized for limiting the discussion; stated to further Councilmember Johnson's comments, part of the reason for the Brown Act's requirement that the agenda sets forth Council actions is to give the public the opportunity to present issues to the Council; the current agenda title does not allow Council to make said decision [regarding voters selecting library location], nor would it give the public the opportunity to address Council. Councilmember Kerr stated Councilmember DeWitt was not making a request to decide the location of the library tonight, which would be a violation of the Brown Act; inquired whether the matter [ordering the submission of a proposition of incurring bonded debt] could be contingent upon to a vote on the location of the library in March. Mayor Appezzato stated there is an original motion; inquired whether Councilmember DeWitt seconded the motion to approve the staff recommendation. Councilmember DeWitt stated that he understood the motion is regarding the Bond Measure; he does not want to make any changes and wants it to stand; however, he wants discussion on the location, which is another issue. Mayor Appezzato stated that after the November election, he would agree to discussions on location. Councilmember Kerr noted that she had posed a question to the City Regular Meeting 8 Alameda City Council July 5, 2000 Attorney. The City Attorney in response inquired whether Councilmember Kerr was suggesting a Council statement of intent to have an additional Ballot Measure in March. Councilmember Kerr responded in the affirmative. The City Attorney stated the matter is not within the scope of the agenda; however, the matter could be discussed under Council Communications; a Councilmember could direct that the matter be brought back on a future agenda. Mayor Appezzato inquired whether Councilmember DeWitt seconded the motion or whether he [Councilmember DeWitt] wanted to amend the motion. Councilmember DeWitt stated that he seconded the motion and did not want changes. Councilmember Kerr stated more library space is needed; there has been a division on the [main library] site; that she does not believe a measure will pass, unless voters are told what will be done with the money; it is necessary to tell voters what will be done with the money, or if there will be a vote on the location; further stated the actual numbers are problematic; in 1996, Measure C was for a total of $20 Million, including all ancillary costs; $17 Million for building on the LinOaks site and $3 Million for a total retrofit of the Carnegie Building; a few months ago, a staff report from the Public Works Director dated April 12 informed Council that a complete [Carnegie Building] interior and exterior restoration would be $5.5 Million; tonight, Council is informed the retrofit and renovation of the Carnegie, as well as expansion, would be over $27.3 Million; if the $5.5 Million for restoration is subtracted from the $27.3 Million estimate tonight, additions to the Carnegie Building would cost $21.8 Million; inquired where the number came from. The Library Director introduced the City's consultant Wayne Gehrke of Group 4 Architecture Research + Planning, Inc.; stated the Consultant worked with the 1994 Bull, Stockwell, Allen & Ripley Report which studied turning the Carnegie Building into an expanded library. Consultant Gehrke stated that he worked with the Public Works and Library Departments, and used the [1994] Carnegie study to develop the cost; all components of the project's cost were identified, not just construction cost; costs include: moving, telecommunications, Regular Meeting 9 Alameda City Council July 5, 2000 technology, shelving, furniture, professional fees, escalation because the project will be built in the future, financing, and land acquisition; for new construction costs, comparable communities and libraries being planned in the Bay Area were studied; a model for rebuilding, renovating and expanding the present Carnegie Library built upon the Report dated August 1994, which was a result of work by architects and engineers at that time; the Report was reviewed, inflated for current dollars, and minor adjustments were made to ensure it was comparable in parking and other new library requirements; then, he looked to the future to determine what the cost would be when the process is at the mid- point of construction, and applied an inflation index to the figure; stated that he did not review the recent study [Staff Report dated April 12, 2000] which Councilmember Kerr referred to. Councilmember Kerr stated the estimate has gone from $5.5 Million a few months ago to $27.3 Million tonight, which is not believable; the $5.5 Million estimate is somewhat compatible with the $3 Million [estimate] in the 1996 Berryman & Henigar Engineering Study. The Public Works Director stated Councilmember Kerr is referring to a staff report on the retrofit of the Carnegie Library; the cost [$5.5 Million] is for renovation of the existing building to allow the first and second floor to be occupied; a 47,000 square foot library is proposed, including a building behind the Carnegie, which causes the cost difference. Councilmember Kerr questioned whether the Public Works Director was stating that the addition in back [of the Carnegie Building] would cost an additional $21.8 Million. The Public Works Director stated the difference between what was originally shown is because of other buildings that need to go with the Main Library should it be located at the Carnegie site. Consultant Gehrke stated the majority of the construction at the Carnegie site would be new construction; the cost to get the existing Carnegie Building open does not support library stacks and book shelving; the $5.5 Million is to open the Carnegie Building for general community use, not for a state -of- the -art library with electronic infrastructure and additional structural loading for the book shelves. Councilmember Kerr stated there would be less shelf loading than when the Building was open before; that she was referring to complete restoration Phase 4 costs, not just Phase 3; complete restoration, as Council was advised in April, was $5.5 Million. Regular Meeting 10 Alameda City Council July 5, 2000 The Public Works Director stated the $5.5 Million is solely for the retrofit of the Carnegie Building; if the Main Library was to be located at the Carnegie site, the existing Carnegie Building would be used, in addition to a whole new building behind it and an adjacent parking structure, as shown in the 1994 Feasibility Study; the new structure is to arrive at the 47,000 total square footage for a new main library. Councilmember Kerr commented that four times as much would be expended for the addition as for retrofitting and renovating the existing Carnegie Building. The Public Works Director stated it is more expensive to renovate a building than to do new construction. Councilmember Kerr explained that was why she was asking the question; $5.5 Million would be spent on the existing building and $21.8 Million would be spent on the additional building and parking structure. Consultant Gehrke stated in addition to the $5.5 Million, monies would be spent to complete the Carnegie site as a Library, including the Carnegie becoming a state -of- the -art library, and a substantial addition, including underground and surface parking. In response to Councilmember Kerr's inquiry regarding land use, the Consultant stated the 1994 Study used additional land both at the Nazarene Church site and to the west. Councilmember Kerr stated that at one point the City was talking with the Church of the Nazarene about swapping its property for the Chapel out at the Base [Alameda Point], which would seriously reduce costs; the problem is Council was not given the updated numbers in order to vote on the matter this evening. Councilmember Kerr questioned why the LinOaks proposal went from $17 Million in 1996 to $25.7 Million today. Consultant Gehrke responded $17 Million was based upon the 1994 Feasibility Study; [increase in cost due to] pressures on the construction market and inflation from August, 1994 to this summer, in the range of 34% to 350; because the project would be bid in the future, additional funding was added based upon inflation; finding the mid -point of construction costs for estimating purposes was necessary; additional on site parking was added to the equation as well; the cost increase is due to the change in the bidding conditions and a few other minor factors. Regular Meeting 1 1 Alameda City Council July 5, 2000 Councilmember Kerr stated the voters were told in 1996 that the LinOaks Library would cost $17 Million; the voters should be told the truth; the next Council Agenda should include a ballot box method for the voters to tell the City where the library should be located, which would give the [Library Bond] Measure an infinitely greater chance to pass. Mayor Appezzato stated that 720 of the voters of the City passed the State Bond Initiative; inquired whether the $17 Million estimate [from 1996] included refurbishing other libraries. Staff responded in the negative. Mayor Appezzato stated approximated costs were the same four years ago; costs escalate; acquiring additional properties around the Carnegie would be very expensive. Councilmember Johnson stated the number [$5.5 Million] received from the Public Works Director was to restore the [Carnegie building] structure, not to make it a state -of- the -art, modern library; discussing changes in cost does not compare the same figures; costs will increase even more, if the project is not done now; there is an additional cost to the community, the cost of not having an adequate library; the current site is temporary and the School District needs the space for classrooms. Councilmember DeWitt stated it cost $3 Million to move into the Historic Alameda High School; there will be additional costs if the main library keeps moving. Councilmember Kerr stated more library space is needed; the measure should be one the voters will pass; there should be numbers the voters will believe; voters should choose the location; if the voters want to build at the LinOaks site, she would support it 1000; the matter probably should be placed on the November ballot, or, if not, the location should be contingent upon a March vote on the site. Vice Mayor Daysog stated that he is confident in the numbers presented; concrete action should be taken towards building the new library; the 1996 $17 Million figure for LinOaks, is now estimated at $25.7; if an inflation rate of 5% was applied from one year to the next, the $17 Million in 1996 dollars, adjusted for inflation would come close to the $25 Million. Councilmember Johnson stated the consultant also indicated, the figures include projections into the year 2003 when construction is Regular Meeting 12 Alameda City Council July 5, 2000 expected to start. Mayor Appezzato stated four years ago, opponents to the library measure were against new and unfair taxes; he supported the Carnegie and when the Council selected the LinOaks site, he went along with the majority because the issue was important; 720 of the citizens voted for a library [Proposition 14] and did not specify location; money will be put into State bonds to build libraries; quoted an article from the Alameda Times Star Newspaper, Sunday July 2, by Marjie Lundstrom on the importance of books to children; thanked the Library Board, Library 2000 and the Friends of the Library for their efforts. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Daysog, DeWitt, Johnson and Mayor Appezzato - 4. Noes: Councilmember Kerr - 1. Mayor Appezzato called a recess at 9:15 p.m. and reconvened the Meeting at 9:25 p.m. (00 -389) Introduction of Ordinance Amending the Alameda Municipal Code by Amending Subsections 3 -70.6 (Other Financing Powers of a Community Facilities District), 3 -70.8 (Transfer of Funds; Use of Money; Interest), 3- 70.14; (Definitions) and 3 -70.98 (Actions to Determine Validity of Bonds or Special Tax Levy), of Section 3 -70 (Special Tax Financing Improvement Code) Division I (General Provisions), Article IV (Special Tax Financing), of Chapter III, (Finance and Taxation). Introduced. Councilmember Johnson moved Introduction of the Ordinance. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON- AGENDA (00 -390) Michael John Torrey, Alameda, thanked the City Manager for presenting him [Mr. Torrey] with a certificate at the last meeting of the Housing Forum. (00 -391) Jean Sweeney, Alameda, stated the City owns a little bit of land on the Belt Line; when the tracks were realigned up to Marina Village, the City acquired a sliver of land, and a larger parcel, which is probably taken up by Atlantic Avenue; thanked the citizens, including former Mayors and Councilmembers, for signing her initiative petition; stated if it is not on the [November 7, Regular Meeting 13 Alameda City Council July 5, 2000 2000] ballot, it will be on a future ballot. COUNCIL COMMUNICATIONS (00 -392) Consideration of Mayor's nomination for appointment to the Library Board. Mayor Appezzato nominated Leslie A. Krongold for appointment to the Library Board. (00 -393) Consideration of Mayor's nomination for appointment to the Planning Board. Mayor Appezzato nominated Horst Breuer for appointment to the Planning Board. (00 -394) Vice Mayor Daysog commented on the success of the Mayor's 4th of July parade. ADJOURNMENT There being no further business, Mayor Appezzato adjourned the Regular Meeting at 9:35 p.m. Respectfully submitted, Diane B. Felsch, CMC City Clerk The Agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting 14 Alameda City Council July 5, 2000