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2004-04-06 Regular CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUESDAY - - APRIL 6, 2004 - - 7:30 P.M. Mayor Johnson convened the Regular Meeting at 8:07 p.m. ROLL CALL - Present: Councilmembers Daysog, Gilmore, Kerr, Matarrese and Mayor Johnson - 5. Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (04 -129) Proclamation declaring April 24, 2004 as Earth Day in Alameda. Mayor Johnson read the proclamation and presented it to Bill Dolbert of ACI. Mr. Dolbert thanked the Council; invited everyone to Washington Park on April 24 for the Earth Day celebration. CONSENT CALENDAR Mayor Johnson announced that the recommendation to award Contract in the amount of $119,040 to Linear Options [paragraph no. 04 -136] was removed from the Consent Calendar for discussion. Vice Mayor Daysog moved approval of the remainder of the Consent Calendar. 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.] ( *04 -130) Minutes of the Special and Regular City Council Meetings held on March 16, 2004. Approved. ( *04 -131) Recommendation to waive Payment in Lieu of Taxes for Esperanza complex for Fiscal Years 2004 -2005 and 2005 -06. Approved. ( *04 -132) Recommendation to accept Annual Report on the Library Construction Project and Uses of the General Obligation Bond Regular Meeting 1 Alameda City Council April 6, 2004 Proceeds for period ending February 28, 2004. Accepted. ( *04 -133) Recommendation to authorize installation of an All -Way Stop Control at the intersection of Santa Clara Avenue and Chestnut Street. Accepted. ( *04 -134) Recommendation to adopt Plans and Specifications and Authorize Call for Bids for annual fuel delivery to various locations within the City of Alameda for the Fiscal Year ending June 30, 2005, No. P.W. 03- 04 -04. Accepted. (04 -135) Recommendation to award Contract in the amount of $119,040, including contingencies, to Linear Options, Inc. for Traffic Striping Program, No. P.W. 12- 03 -19. Accepted. Richard Neveln, Alameda, stated that when exiting Alameda on Clement Avenue, the wide center section tapers down to a double stripe without a left turn lane which creates a traffic problem. Mayor Johnson requested staff to review the traffic situation presented by Mr. Neveln. Councilmember Kerr stated when driving eastbound on Buena Vista Avenue approaching Grand Avenue, the yellow stripe shifts to the right; both straight traffic and traffic turning right on Grand Avenue backs; requested staff to review at the intersection. The City Manager stated truck traffic has to make wide turns on Clement Avenue and Buena Vista Avenue. Councilmember Kerr moved approval of the staff recommendation. Vice Mayor Daysog seconded the motion, which carried by unanimous voice vote - 5. ( *04 -136) Resolution No. 13695, "Amending Confidential Establishing Administrative Adopted. Employees Association (MCEA) the Salary Ranges for the Services Manager and Senior the Management and Salary Schedule by Classifications of Utility Analyst." ( *04 -137) Resolution No.13696, "Acknowledging that the City of Alameda is Acting through the City Council Regarding Membership in the Northern California Power Agency and Other Utility Joint Powers Agreements." Adopted. ( *04 -138) Resolution No. 13697, "Ordering Vacation of an Existing Public Easement within Assessor's Parcel Number 074 - 0955 -6 -12 and Regular Meeting 2 Alameda City Council April 6, 2004 Recordation of Quitclaim Deed." Adopted. ( *04 -139) Ratified bills in the amount of $3,668,242.36. REGULAR AGENDA ITEMS (04 -140) Public Hearing to consider introduction of an ordinance "Amending Alameda Municipal Code Subsection 1- 7.14(a), (Notices) of Section 1 -7 (Administrative Citations) of Chapter I (General) to Delete Certified, Return - Receipt Request Requirement." Introduced. Councilmember Kerr inquired whether notices could be sent certified with no return receipt requested since some people are not willing to sign for receipt of mail. The Chief Building Official responded when certified mail was sent and no one was home to receive it, the Post Office takes the mail back and the recipient would need to pick it up; there was a problem with absentee landlords not accepting the mailing. Councilmember Kerr inquired whether notices could be sent with the new 50 cent postage proof of mailing. The City Attorney stated that the Chief Building Official could investigate options; that options could be brought back to Council at final passage. Councilmember Kerr requested an alternate postal method be reviewed prior to final passage. Vice Mayor Daysog moved introduction of Ordinance. Councilmember Matarrese seconded the motion, which carried by the following voice vote. Ayes: Councilmembers Daysog, Gilmore, Matarrese and Mayor Johnson - 4. Abstentions: Councilmember Kerr - 1. (04 -141) Recommendation to approve Bus Shelter Site Selection Criteria. Mayor Johnson opened the public portion of the meeting. The following speakers spoke in favor of adoption of the Bus Shelter Site Selection Criteria: Richard Neveln, Alameda; Thomas Jordan, Community of Harbor Bay Isle; Anthony Majors, Alameda; Richard Davis, Alameda; Christopher Buckley, Alameda; Betsy Elgar, National Association of Social Workers; Jon Spangler, Alameda Transit Advocates; John Knox White, Transportation Commission; Regular Meeting 3 Alameda City Council April 6, 2004 Michael Krueger, Alameda; Valerie Ruma, Alameda; Michael Torrey, Alameda; and, Susan Decker, Alameda The following speakers spoke in opposition to advertising at bus shelters: Susan Duperret, Alameda; Norma Wall, Alamedans for Responsible Transit Shelters (ARTS) ; Patricia Gannon, ARTS, Dave Graber, Alameda; Joe Cloren, Alameda;; Reyla Graber, ARTS; and Walt Jacobs, COHIBA. The following speaker spoke in opposition to adoption of the Bus Shelter Site Selection Criteria: Ida Wilkinson, Alameda. There being no further speakers, Mayor Johnson closed the public portion of the meeting. Vice Mayor Daysog inquired whether a contract had been signed between the bus shelter Joint Powers of Agreement (JPA) and Lamar; and whether Alameda was a party to that contract. The Public Works Director responded that the City authorized the City Manager to enter into a JPA with AC Transit; AC Transit has an agreement with Lamar for the installation of bus shelters with advertising; the City has not entered into an agreement with Lamar and would not be compelled to install bus shelters through Lamar. Vice Mayor Daysog inquired whether the contract guarantees that Lamar could have a 6 -foot by 4 -foot advertisement. The Public Works Director responded that the maximum size of the ad would be 6 feet by 4 feet; staff could negotiate a smaller ad size; AC Transit has indicated that no other jurisdiction has negotiated a smaller ad. Vice Mayor Daysog inquired what mechanism would fund bus shelters. The Public Works Director responded that Lamar would be responsible for the purchase, installation and the ongoing maintenance of all the bus shelters; the City would received approximately $30 a month for each shelter; for every four advertising shelters, Lamar would be required to install one non - advertising shelter. Vice Mayor Daysog inquired what was the capital cost for a shelter, to which the Public Works Director responded cost would depend on the style; the standard Lamar bus shelter was approximately $4500; the Park Street Business Association's (PSBR) shelters are approximately $8000. Vice Mayor Daysog inquired whether the City could pay a portion of Regular Meeting 4 Alameda City Council April 6, 2004 the cost using bond money. The City Manager responded $7 million of the allocation bonds would not be available due to redevelopment projects approved by the City Council; bond money can only be spent in project areas. Vice Mayor Daysog stated money could be spent on eligible activities in project areas that would have been funded by the General Fund to free up General Fund money for bus shelters. Mayor Johnson inquired how long Lamar would provide maintenance, to which the Public Works Director responded seven years. Mayor Johnson requested Council be provided information on removal costs, to which the Public Works Director stated he would advise Council. Mayor Johnson stated criteria need to be adopted to determine what Lamar's proposal would be in terms of number of shelters. The Public Works Director stated that the relative ridership of the bus stops are approximately the same as 1998. Mayor Johnson stated that everyone needs to support non - advertising shelters; that there would be conflict every time an advertised bus shelter was installed. Councilmember Gilmore inquired whether there are any controls over types of ads on bus shelters. The Public Works Director responded that there was control and that information would be provided to Council. Mayor Johnson stated that other companies should be contacted to review other types of shelters, to which the Public Works Director stated staff would follow up. Councilmember Matarrese inquired how many shelters would not need ads if the City did not receive $30 per month per shelter, to which the Public Works Director responded that with 20 shelters, said money might keep one shelter from having ads. Councilmember Matarrese stated that Council is trying to do best possible job for the City; that City tries to resolve traffic issues; applauded ARTS in fund raising efforts; stated bus shelters should be in place before rainy season. Councilmember Gilmore requested periodic funding updates from ARTS. Regular Meeting 5 Alameda City Council April 6, 2004 Vice Mayor Daysog requested a report detailing the amount available from the $7 million in bond money. Councilmember Kerr stated that she does not want to move forward with siting criteria until type of bus shelter was decided; better public transit reduces traffic, not bus shelters; that she would not vote for advertising. Vice Mayor Daysog stated that he was concerned with 6 -foot by 4- foot advertisement size. Mayor Johnson inquired whether advertisement size was part of the criteria, to which the City Manager responded criteria was for siting. The Public Works Director stated that proposed locations would be addressed at the April 20 City Council Meeting; once final locations are established, size could be discussed with vendor. Mayor Johnson inquired when design criteria would be addressed; to which the Public Works Director responded design criteria would be considered by the Planning Board on April 26 and then would be brought back to Council for approval. Mayor Johnson inquired whether Council's concern regarding 6 -foot by 4 -foot ads could be added to the criteria, to which the Public Works Director responded that direction could be taken now; staff could address the matter in negotiations with Lamar. Councilmember Matarrese requesting review of how the 6 -foot by 4- foot ad size compares to bus bench ad size; inquired whether bench ads are allowed at any bus stop. The Public Works Director responded that currently all bus benches currently can have advertising. Councilmember Matarrese requested a calendar, funding available from the CIC bond, and the nature of funding from ARTS; questioned whether ARTS would cover maintenance costs; that he would oppose installing bus shelters without funding maintenance. The Public Works Director noted that donations to the City on the bus shelter maintenance are 100% tax deductible. Councilmember Gilmore stated that triangle ads would be preferable in addition to reduced size of ads. Regular Meeting 6 Alameda City Council April 6, 2004 Councilmember Gilmore stated approval of criteria does not approve advertising; ARTS was working to come up with funding; moving forward with the siting criteria would make identifying funding and design for sites easier. Councilmember Gilmore moved approval of the siting criteria. Councilmember Matarrese seconded the motion. Under discussion, Councilmember Matarrese recognized the hard work of ARTS and the Transportation Commission. Mayor Johnson stated that approval of criteria would apply to advertised or non - advertised shelters. Councilmember Gilmore stated that approval would not be proposing change to any existing shelters in Harbor Bay Isle. Vice Mayor Daysog stated that he would abstain pending the outcome of negotiations with Lamar. Councilmember Kerr stated that visual impact was causing a lot of concern; that she would vote no. On call for the question, the motion carried by the following voice vote. Ayes: Councilmembers Gilmore, Matarrese and Mayor Johnson - 3. Noes: Councilmember Kerr - 1. Abstentions: Vice Mayor Daysog - l. Mayor Johnson called a recess at 9:43 p.m. and reconvened the regular meeting at 10:02 p.m. (04 -142) Recommendation regarding proposals received to operate Alameda ferry services. Joe O'Flanagan, Alameda, expressed support of continuing with Harbor Bay Maritime as operators of Harbor Bay Ferry. Karen Forsgard, Alameda, urged Council to renew contract with Harbor Bay Maritime. Councilmember Kerr stated that Blue and Gold responded to the combined Request for Proposal (RFP) without any overhead savings; Harbor Bay Maritime did not submit a bid; there was not a good handle on the costs proposed by Harbor Bay Maritime; expressed that she was frustrated with the outcome of the bidding process; the east -end ferry requires a much greater subsidy per passenger trip Regular Meeting 7 Alameda City Council April 6, 2004 than the west -end ferry. Vice Mayor Daysog inquired whether Blue and Gold expressed misgivings regarding the bidding process. The Ferry Manager responded in the affirmative; stated that Blue and Gold was appraised of Harbor Bay Maritime's interest in continuing the service and submitted letter expressing concern about the City entertaining an approach outside the RFP process. Vice Mayor Daysog inquired to what extent the City was contractually limited by the RFP. The City Attorney responded that the RFP was a voluntary action; the City could have negotiated directly with either provider; the City was free at any time to go outside of the voluntary RFP process. Vice Mayor Daysog stated that Blue and Gold was upset that considerable time, money and effort was put into responding to the RFP; inquired whether Blue and Gold could sue the City to recover funds. The City Attorney responded that Blue and Gold does not have a legal basis for a lawsuit; Blue and Gold requested that the City not continue to bind them to their bid and allow them to negotiate freely. Councilmember Kerr stated that Harbor Bay Maritime's performa operating costs are possibly less than Blue and Gold's bid to run the east -end ferry; that she was concerned that more public money would be needed for the east -end ferry. Councilmember Gilmore inquired whether the City could negotiate with Blue and Gold and Harbor Bay Maritime at the same time, to which the City Attorney responded in the affirmative. Vice Mayor Daysog inquired whether Blue and Gold's proposal included a cost plus fixed -fee formula and whether the City would bare increases in gas prices. The Ferry Manager responded in the affirmative; as fuel prices increase, expenses are passed through the City. Vice Mayor Daysog inquired whether how fuel prices have changed in the last three months, to which the Ferry Manager responded there has been an increase of approximately 20 cents per gallon. Regular Meeting 8 Alameda City Council April 6, 2004 Vice Mayor Daysog requested that the Council be provided the aggregate sum of the increased fuel charges. The Ferry Manager stated there was a possibility of obtaining approval for a fuel surcharge; Blue and Gold could get permission from the Public Utility Commission to raise rates; increased rates would only be implemented with Council approval. Vice Mayor inquired whether there was a transportation fund that pays the difference, to which the Ferry Manager responded that funds are from the Metropolitan Transportation Commission and Measure B reauthorization. Councilmember Gilmore inquired whether Harbor Bay Maritime indicated interest in running only the Harbor Bay operation and Blue and Gold indicated some interest in running both services, to which the Ferry Manager responded in the affirmative. Councilmember Kerr stated that Blue and Gold may not wish to negotiate with the City; the City would be cornered if the Harbor Bay Maritime was the only negotiating operator. Mayor Johnson stated that the staff recommendation makes sense; Council does not have a lot of choice. Vice Mayor Daysog stated that the outcome was market driven. The City Manager stated that contracts would continue to run in parallel; if conditions change, the City would not have to worry about synchronizing the contracts. Vice Mayor Daysog inquired whether Blue and Gold would want to negotiate for Harbor Bay service as a single service, to which the Ferry Manager responded in the affirmative. Vice Mayor Daysog moved approval of the staff recommendation. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. (04 -143) Ordinance No. 2919, "Amending the Alameda Municipal Code by Adding a New Subsection 2 -61.8 (Design Build) to Section 2 -61 (Bidding Procedures on Public Projects and Goods and Supplies) of Chapter II (Administration)." Finally passed. Councilmember Gilmore moved final passage of the Ordinance. Councilmember Matarrese seconded the motion, which carried by Regular Meeting 9 Alameda City Council April 6, 2004 unanimous voice vote - 5. (04 -144) Ordinance No. 2920, "Amending the Alameda Municipal Code by Amending Various Sections of Chapter XXX (Development Regulations)." Finally passed. Councilmember Kerr stated that State law allows landlords to ask for proof of insurance from individuals who operate daycare centers; inquired whether the City could require proof of insurance. The City Attorney stated that she would research the Health and Safety Code to determine whether or not providing insurance was an allowable governmental restriction. Councilmember Kerr inquired whether an information packet on insurance requirements could be provided to landlords, to which the City Attorney responded in the affirmative. Councilmember Kerr inquired whether the City could implement such a process; to which the City Manager responded in the affirmative. Councilmember Gilmore moved final passage of the Ordinance. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON- AGENDA (04 -145) Chad Moore, Alameda, discussed the lack of Police enforcement of shopping cart theft. (04 -146) Michael Torrey, Alameda, discussed lighting in bus shelters. (04 -147) Bill Smith, Alameda, discussed alternate energy. COUNCIL COMMUNICATIONS (04 -148) Consideration of Mayor's appointment to the Paratransit Advisory Committee. Held over. (04 -149) Discussion on requiring a competitive bid process for all bonds /debt issued by the City. Vice Mayor Daysog stated bonds need to be bid on a competitive basis because of high fees; the City Charter should be revised to recognize the importance of the process; Council needs all Regular Meeting 10 Alameda City Council April 6, 2004 information when reviewing potential bond underwriters. The City Manager stated there are a series of management practices that guide the City's operations; that some additional direction has been provided to staff for future bond issuance to ensure competitiveness. Mayor Johnson requested information on other significant items that are not done by a competitive bidding process. The Finance Director stated that financial consultants and bond counsel go through a pre - qualification process; the process is competitive; proposals are sought from multiple service providers; a list is created based upon qualifications. The Mayor inquired whether the competitive process would be based on qualifications and fees. The Finance Director responded that qualifications and fees are taken into consideration in selecting the financing team. Vice Mayor Daysog stated that there are instances when Council may not want to make selections on a competitive basis, but that Council still needs to approve the process prior to staff action. The City Manager stated that Council could adopt a policy versus a Charter amendment; flexibility is needed. Mayor Johnson repeated her request for information on other areas where Council may not be making selection on a competitive basis. The City Manager responded that the Council approves almost all items through competitive process. (04 -150) Written communication from Olivia Garcia regarding strengthening laws against sex offenders. Vice Mayor Daysog stated that San Jose City officials have raised concerns regarding the Cary Verse process and the way in which sex offenders are transferred into cities; it is important to alert the public that the City of Alameda is proactive; thanked Olivia Garcia for passing along the information. The City Manager stated that the Police Chief could provide an off - agenda report; the City has a special duty unit responsible for working with parolees as well as sex offenders. Mayor Johnson stated that she received information on Megan's Law Regular Meeting 1 1 Alameda City Council April 6, 2004 from the Police Chief; requested that the Council receive a copy. Councilmember Matarrese stated the concern in Oakland was that the individual being transferred appeared without notice; that the State Department of Corrections contracts with an organization that provides release and placement services; inquired how Alameda would be notified of such action. The City Manager stated that the Police Chief would respond to the inquiry in his report to Council. Councilmember Kerr stated that Alameda has the highest percentage of accurate reporting of sex offenders. Mayor Johnson stated that Sacramento has information available over the Internet; currently, information is obtained through the Alameda Police Department; inquired whether there would be another way to make information available. The City Manager stated that the Police Chief would investigate and advise. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Regular Meeting at 10:50 p.m. Respectfully Submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting 12 Alameda City Council April 6, 2004