2004-09-21 Regular MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
1U-rlJLJl-iY Gl, GUU4 — — / :.SU -ff m.
Mayor Johnson convened the regular meeting at 7:53 p.m.
Councilmember Gilmore led the Pledge of Allegiance.
ROLL CALL - Present: Councilmembers Daysog, Kerr, Gilmore and
Mayor Johnson - 4.
Absent: Councilmember Matarrese - 1.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(04 -491) Presentation to the Fourth of July Committee recognizing
their efforts for a successful Mayor's Fourth of July Parade.
Mayor Johnson recognized the hard work of the committee members and
presented certificates to Barbara Price, Del Blaylock, Karl and
Jean Brietkopf, Jim Franz [not present], Diana and Art Helwig,
Steve Helwig [not present], Diana Lichtenstein [not present],
Billie Trujillio, Dom Dicolen, Lisa Rossie, Kendra Williams, Jim
and Jean Sweeney, and Kendra Holloway.
Barbara Price noted the dedication and hard work of the committee
members, and presented the Mayor with a 2004 Fourth of July poster
signed by the committee members.
(04 -492) Proclamation declaring September 20 -26 as Pollution
Prevention Week in Alameda.
(04 -493) Proclamation declaring October as Disability Awareness
Month.
Mayor Johnson read and presented the proclamation to Ed Cooney.
CONSENT CALENDAR
Mayor Johnson announced that Resolution Supporting Proposition 1 -A
[paragraph no. 04 -497] and the Resolution Supporting Proposition 65
[paragraph no. 04 -498] were removed from the Consent Calendar for
discussion.
Councilmember Gilmore moved approval of the remainder of the
Consent Calendar.
Regular Meeting
Alameda City Council 1
September 21, 2004
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 4. [Absent: Councilmember Matarrese - 1.]
[Items so enacted or adopted are indicated by an asterisk preceding
the paragraph number.]
( *04 -494) Minutes of the Special and Regular City Council Meetings
held on September 7, 2004. Approved.
( *04 -495) Recommendation to accept the work of Bluewater Services,
Inc. for the demolition of 2310 Lincoln Avenue, No. P.W. 08- 03 -16.
Accepted.
( *04 -496) Resolution No. 13764, "Approving Parcel Map No. 8320
(1601, 1751, 1801, 1851 Harbor Bay Parkway and 1750 North Loop
Road) ." Adopted.
(04 -497)
Protection
State -wide
Resolution No.
13765, "Supporting Proposition 1 -A,
of Local Government Revenues, on the November 2, 2004
Ballot." Adopted.
Jean Sweeney, Alameda, urged support of Proposition 1 -A.
Councilmember Kerr stated the State has been confiscating local
property taxes for many years; approximately $4 million per year is
taken from the City's budget and given to the State; noted the
State has ceased paying for mandated services; the State plans to
confiscate 500 of the sales tax while promising backfill from an
increase in the amount of property tax the City would be allowed to
keep; Proposition 1 -A has aspects that are better than Proposition
65; voters can vote yes on both propositions; Proposition 1 -A would
prevail if it passes; stated it would be a crime if Proposition 1 -A
did not pass and no one voted for Proposition 65; urged voting for
both propositions; stated that Proposition 1 -A puts more teeth into
the requirement for the State to backfill with property taxes to
compensate for taking additional sales tax; noted support of
propositions does not raise taxes and allows the City to keep local
revenues.
Councilmember Kerr moved adoption of the resolution.
Vice Mayor Daysog seconded the motion.
Under discussion, Vice Mayor Daysog noted that the State has taken
approximately $36.9 million from the City since 1991; stated voters
need to support Proposition 1 -A and Proposition 65.
Regular Meeting
Alameda City Council 2
September 21, 2004
On the call for the question, the motion carried by unanimous voice
vote - 4. [Absent: Councilmember Matarrese - 1.]
(04 -498) Resolut
Local Taxpayers
November 2, 2004
ion No. 13766, "Supporting Proposition
and Public Safety Protection Act (LOCAL),
State -wide Ballot." Adopted.
65, the
on the
Councilmember Kerr stated the only argument against Proposition 65
was written by the League of California Cities due to the League's
promise to support Proposition 1 -A instead of Proposition 65;
Proposition 65 will not harm Proposition 1 -A; stated propositions
protect local revenues.
Councilmember Kerr moved adoption of the resolution.
Councilmember Gilmore seconded the motion, which carried by
unanimous voice vote - 4. [Absent: Councilmember Matarrese - 1.1
( *04 -499) Resolution No. 13767, "Amending the Management and
Confidential Employees Association (MCEA) Salary Schedule by
Establishing Salary Ranges for the Positions of Housing Assistance
Manager and Financial Services Supervisor." Adopted.
( *04 -500) Resolution No. 13768, "Amending the International
Brotherhood of Electrical Workers (IBEW) Salary Schedule by
Establishing a Salary Range for the Position of Street Light
Maintenance Technician." Adopted.
( *04 -501) Ratified bills in the amount of $4,486,755.61.
REGULAR AGENDA ITEMS
(04 -502) Public Hearing to
Transportation Technical Team's
installation of a red curb for
Clara Avenue and Morton Street.
consider an Appeal of the
(TTT) decision to approve the
the eastbound bus stop on Santa
The Public Works Director provided a brief history on TTT's
decision.
Vice Mayor Daysog inquired whether spending $5,000 would provide
better safety at the bus stop, to which the Public Works Director
responded in the negative.
Vice Mayor Daysog inquired about pedestrian safety at the southwest
corner of the Morton Street and Santa Clara Avenue bus stop.
The Public Works Director responded that if the bus stop was at the
Regular Meeting
Alameda City Council 3
September 21, 2004
southwest corner [the near side], pedestrians could be blocked by a
bus when a vehicle is traveling eastbound; by moving the bus stop
to the far side, the vehicle would cross behind the bus.
Vice Mayor Daysog stated there are bus stops at southwest corners
throughout the City.
The Public Works Director stated there is a mixture of far and near
side bus stops throughout the City; the TTT keeps bus stops on the
near side when there is no cost effectiveness tradeoff.
Councilmember Gilmore inquired whether all things are equal when
the $5,000 is taken out of the equation.
The Public Works Director responded that moving the bus stop to the
far side is safer for pedestrians.
Mayor Johnson opened the public portion of the hearing.
Proponents (in favor of appeal) : Eleanor Wiley, Alameda; Paul
Warner, Alameda; and Cathy Rodriguez, Alameda.
Neutral: Susan Decker, Alameda.
There being no further speakers, Mayor Johnson closed the public
portion of the hearing.
Vice Mayor Daysog inquired whether there are any bus stop platforms
in the City, to which the Public Works Director responded there are
none currently, but there would be platforms on Webster Street.
Mayor Johnson inquired whether the previous bus stop location
length was 65 feet.
The Public Works Director responded the length is 65 feet when the
25 -foot driveway is included; the length from the curb to the first
driveway is approximately 50 to 60 feet.
Councilmember Gilmore inquired whether two driveways at the current
location make up the required 65 feet, to which the Public Works
Director responded in the affirmative.
Councilmember Gilmore inquired whether staff reviewed the
complications that occur when bus stops are directly across the
street from each other.
The Public Works Director responded the street is wide; there is 12
feet in each direction for each vehicle to adequately pass the
Regular Meeting
Alameda City Council 4
September 21, 2004
buses.
Councilmember Kerr stated the sidewalk that runs along Morton
Street is 8 feet 8 inches from the corner; the first 20 feet of the
red zone is already paved; the new buses are 24 feet from the front
to the rear of the middle door; the new bus stop location could be
ADA accessible at the old stop without removing the tree; provided
pictures to the Council; stated that she has no objections to
moving the eastbound stop back to the original location as long as
street tree is not removed; she suspects the $5,000 estimate
included removal of the tree.
The Public Works Director stated that the $5,000 cost did not
include tree removal; that extensive pruning would be required.
Councilmember Kerr stated a bus could pass under the tree without
any extensive damage to the tree.
The Public Works Director stated the bus angled to avoid the tree
in the past; tree removal is not proposed, only pruning.
Mayor Johnson stated that she appreciates the Public Works
Department having 950 of the ADA accessible bus stops in place; AC
Transit's standards are the far side of the intersection;
consideration should be given to not placing bus stops in front of
homes; she does not have a problem with moving the bus stop back to
the original location and implementing improvements to accommodate
the low floor bus.
Vice Mayor Daysog stated that he also appreciates the work of the
Public Works Director and public transit advocates in providing
accessible and safe bus stops; many bus stops going in the eastward
direction are currently at the southeast intersection; the City
needs to ensure that bus stop locations are at the safest part of
the street; that he supports moving the bus stop to the southeast
corner of Morton Street and Santa Clara Avenue; the City has an
opportunity to have platforms accommodating low floor buses;
suggested the cost should be split between the resident and the
City with a $2500 cap.
Councilmember Kerr stated shrub removal and pavement at the old bus
stop location would provide a concrete area for both the front and
middle doors; requested street tree pruning be limited to the legal
requirement for trees over streets.
Councilmember Kerr moved approval of the appeal rescinding the
Transportation Technical Team's decision of October 13, 2003 and
June 9, 2004 [to install a red curb for the eastbound bus stop at
Regular Meeting
Alameda City Council 5
September 21, 2004
Santa Clara Avenue and Morton Street], relocating the bus stop to
the original location, moderately pruning the tree at the original
site, accepting up to $3,000 of neighborhood contributions, and
including the City pay any additional costs for platforms.
Under discussion, Mayor Johnson requested the motion include having
Public Works to consider not locating bus stops in front of houses
in the future.
Councilmember Kerr stated there are times when side yards are not
as wide as front yards; a side yard bedroom may be closer to a bus
stop; suggested the matter be addressed at another time.
Mayor Johnson stated the matter could be discussed further at a
later date but is an important issue to consider; there is
continued communication regarding a bus stop at Grand Avenue and
Buena Vista Avenue.
Councilmember Kerr stated she would like to further review the
Grand Avenue and Buena Vista Avenue bus stop; the appeal matter
should be resolved at this time.
Vice Mayor Daysog stated he appreciates the gesture by the
residents to fund the project; the residents have paid for sewer
improvements in the past; sharing the cost would set a consistent
policy for the future.
Councilmember Kerr stated sewer costs are a separate issue.
On the call for the question, the motion carried by unanimous voice
vote - 4. [Absent: Councilmember Matarrese - l.]
Councilmember Kerr requested that staff investigate the large hump
at the Bridgeside Shopping Center bus stop sidewalk.
ORAL COMMUNICATIONS, NON- AGENDA
(04 -503) Rob Schmidt, Alameda, stated Bay Farm Island is treated
as a sister city of Alameda; he has Alameda Power and Telecom
(AP &T) cable and internet installation concerns; Main Island
installation was done a year ago; AP &T offers comparable services
at a significant discount; the City should finish the cable and
internet infrastructure; stated Council needs to pay attention to
Bay Farm Island.
Mayor Johnson stated AP &T established a phased cable installation
schedule; Council voted to spend additional money to proceed with
project at Harbor Bay.
Regular Meeting
Alameda City Council 6
September 21, 2004
Vice Mayor Daysog requested a background report on the $7 million
construction progress.
(04 -504) Michael Leahy, Alameda City Employees Association (ACEA),
stated ACEA members are employees the City selected to provide the
majority of direct services to the citizens and City departments 24
hours per day, 365 days per year; members receive wages, a standard
holiday and vacation plan, and until this year, the Kaiser minimum
for their families; ACEA members are the lowest paid of all Bay
Area communities.
(04 -505) Terry Flippo, ACEA, stated that he appreciates the
Council's efforts and service to Alameda citizens; requested
Council to work with ACEA on contract settlement; stated open
enrollment medical benefit decisions are difficult without a
contract.
(04 -506) Marion Miller, ACEA President, stated ACEA has been
without a contract for over a year; members have not had a raise
for almost two years; employees have been patient and continue to
serve the citizens.
Councilmember Kerr stated that ACEA was the only employee
bargaining unit to gather signatures for Proposition 65.
(04 -507) Alan Elnick, ACEA, stated there is unfinished ACEA
business; ACEA members have been patient and continue to work with
City representatives; ACEA offers made to the City have been
unsuccessful; authorization was given to call a strike six months
ago; patience has worn thin.
(04 -508) Richard Neveln, Alameda, stated having a two -level
theatre parking garage would be unfortunate; suggested the Council
consider a four -floor parking garage; inquired into the status of
the bus shelters.
The Public Works Director noted six shelters are proposed in a
pilot program; a funding agreement has gone to Alamedans
Responsible for Transit Shelters (ARTS) along with a letter
identifying donation procedures; bus shelters should be ordered by
the end of the month; bus shelters are on schedule to be in place
by the end of the year; ARTS has a contractor who has agreed to
install the shelters.
Mayor Johnson thanked ARTS for their efforts in raising money to
install the shelters.
Regular Meeting
Alameda City Council 7
September 21, 2004
(04 -509) Robert Todd, Alameda, stated that he feels the School
Board Trustees have violated the trust of the teachers and the
public regarding Superintendent Dr. Nashino's raise; trust was
violated by not making the issue known until after the ballot was
set; further stated ROMA and Cybertrans' presentation of for the
former Base plans lack total utilization of Base and the
surrounding community; that he has concerns with the community
moving back to the dark ages; Council needs to take an interest in
the School and Hospital Boards.
Mayor Johnson stated the School Board is an elected Board; there
are five people running for three Board seats.
Councilmember Kerr stated the voters decided that the City Council
should not be running the schools in the 1960's.
(04 -510) Lorraine Lilly, Harbor Island Tenant Association, thanked
Councilmember Kerr for meeting with the Harbor Island Tenant
Association elected members; stated 15 Management Group has become
increasingly hostile to the tenants and have not responded to
tenant concerns; thanked Council, City Manager and City Attorney
offices for continued support.
COUNCIL COMMUNICATIONS
(04 -511) Consideration of Mayor's nominations to the Housing
Commission.
Mayor Johnson nominated Arthur Kurrasch to the Housing Commission
and stated the remaining appointment would be continued to a later
date.
(04 -512) Consideration of Mayor's nomination to the Transportation
Commission.
Mayor Johnson nominated Jeff Knoth to the Transportation
Commission.
(04 -513) Vice Mayor Daysog requested Council deliberation on John
Frankel's request for compensation due to City staff misguiding
work performed on his house; stated staff does not agree with Mr.
Frankel's allegations; Council needs to review Mr. Frankel's case
and discuss development of a policy.
(04 -514) Vice Mayor Daysog requested the work /live issue be issued
at the next Council meeting.
(04 -515) Vice Mayor Daysog requested a detailed memo on: 1) how
Regular Meeting
Alameda City Council 8
September 21, 2004
the City's benefit system works, 2) the growth of the benefits over
the years, and 3) how the CalPERS fresh start process works; stated
that he wants to ensure that Alameda does not fall into San Diego's
financial situation.
The City Manager requested copies of the referenced San Diego
articles.
(04 -516) Councilmember Kerr stated that undergrounding utilities
are not free; there is a homeowner's undergrounding assessment
applied.
(04 -517) Councilmember Kerr urged the community to vote for
Proposition 1 -A and Proposition 65.
(04 -518) Mayor Johnson requested Council policies be organized in
order to be researched.
(04 -519) Mayor Johnson stated that Ron Cowan Parkway has been open
for a couple of months; requested staff to review ways to encourage
motorists to use the 98th Avenue exit from the 880 Freeway and use
the street.
The City Manager stated that signage could be provided within the
requested from Caltrans.
Mayor Johnson stated that alternative route awareness could
alleviate High Street congestion; slower traffic signal timing
during commute hours could also help.
ADJOURNMENT
There being no further business, Mayor Johnson adjourned the
Regular Meeting at 9:35 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
September 21, 2004