2005-06-21 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- -JUNE 21, 2005- -7:30 P.M.
Mayor Johnson convened the regular meeting at 8:05 p.m.
Roll Call - Present: Councilmembers Daysog, deHaan, Gilmore,
Matarrese, and Mayor Johnson - 5.
Absent: None.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(05 -298) Proclamation recognizing Alameda Reads 20th Anniversary
of formal literacy service to adults.
Mayor Johnson read the proclamation and presented it to Jordona
Elderts, Alameda Adult Literacy Program Director.
Ms. Elderts thanked the Council for the proclamation.
CONSENT CALENDAR
Councilmember Matarrese moved approval of the Consent Calendar.
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 5.
[Items so enacted or adopted are indicated by an asterisk
preceding the paragraph number.]
( *05 -299) Minutes of the Special City Council Meeting held on
June 1, 2005; and Special and Regular City Council Meetings held
on June 7, 2005. Approved.
( *05 -300) Ratified bills in the amount of 2,944,635.27.
( *05 -301) Recommendation to award Contract for Legal Advertising
for Fiscal Year 2005 -06. Accepted.
( *05 -302) Recommendation to amend the Construction Contract with
Golden Bay Construction Inc. for the Webster Renaissance
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June 21, 2005
Project, No. P.W. 07 -02 -07 in the amount of $50,000 using
Community Development Block Grant (CDBG) Funds for the purchase
and installation of bus shelters. Accepted.
( *05 -303) Resolution No. 13854, "Recommending the Inclusion of
Projects in the Alameda Countywide Bicycle Plan." Adopted.
REGULAR AGENDA ITEMS
(05 -304) Resolution No. 13855, "Appointing Peter W. Holmes as a
Member of the Public Utilities Board." Adopted.
(05 -304A) Resolution No. 13856, "Appointing John R. McCahan as a
Member of the Public Utilities Board." Adopted.
Councilmember Daysog moved adoption of the resolutions.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
The City Clerk administered the oath and presented certificates
of appointment to the Public Utilities Board members.
(05 -305) Introduction of Ordinance Amending the Alameda
Municipal Code to Change the Name of the Public Art Advisory
Committee to Public Art Commission, Transfer Reporting from
Recreation and Park Commission to City Council, and Transfer
Staffing from the Recreation and Park Department to the Planning
and Building Department by Amending Subsections 30 -65.3
(Contribution Requirements), 30 -65.4 (Public Art), 30 -65.5
(Alameda Public Art Fund), 30 -65.7 (Public Art Advisory
Committee), 30 -65.8 (Application and Approval Procedures for
Placing Public Art on Private Property) 30 -65.10 (Guidelines
for Approval), and 30 -65.11 (Appeal to the City Council) of
Section 30 -65 (Public Art in New Commercial, Industrial,
Residential and Municipal Construction). Introduced.
Richard Neveln, Alameda, stated that changing the name of the
Public Art Advisory Committee to the Public Art Commission would
involve increased responsibility; suggested that the duties be
reviewed.
Vice Mayor Gilmore moved introduction of the ordinance.
Councilmember Matarrese seconded the motion, which carried by
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unanimous voice vote - 5.
(05 -306) Public Hearing to consider an Appeal of the Historical
Advisory Board's approval of a Landscaping Plan for planting two
Coast Live Oak trees on the vacant property at 301 Spruce
Street. The submittal of a Landscaping Plan, as part of new
development proposals, was required by the Historical Advisory
Board as a condition for the removal of one Coast Live Oak tree
in 2001. The site is located at 301 Spruce Street within the R -4
Neighborhood Residential Zoning District. Applicant: Bill Wong
for Hai Ky Lam. Appellant: Patrick Lynch and Jeanne Nader; and
(05 -306A) Resolution No.
Advisory Board's Approval
Coast Live Oak Trees on
Street." Adopted.
13857, "Upholding
of a Landscaping Plan
the Vacant Property
the Historical
for Planting Two
at 301 Spruce
Mayor Johnson opened the public portion of the Hearing.
Proponent (In Favor of Appeal): Patrick Lynch, Appellant.
Opponents (Opposed to Appeal) : Joanne Lam, Applicant; Ivan Chiu,
Bill Wong Engineering & Design; Christopher Bowen, Project
Arborist.
There being no further speakers, Mayor Johnson closed the public
portion of the Hearing.
Councilmember Matarrese inquired what percentage of the
composite sample came from the piles of fill versus the areas
under the drip line of the tree, to which Mr. Bowen responded
about half of the soil was from the piles.
Councilmember Daysog noted that the Appellant stated that the
laboratory scientist was not accredited; inquired to what extent
the matter would be an issue.
Mr. Bowen stated that the laboratory would supply the Title 22
limits which include heavy metals; the laboratory is reputable
and is recommended in the arborist field.
Councilmember Daysog inquired how to address the concern that
the laboratory is not accredited to perform Title 22 soil
testing.
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The Acting Planning Director stated that he had no knowledge of
the issue; the Planning and Building Department was asked to
test the soil to see if the soil was safe for the trees.
Mayor Johnson inquired whether Title 22 related to safety for
trees.
Mr. Bowen responded that he was advised that Title 22 addressed
toxicity of materials in the soil; he was asked to find out if
the trees would be harmed by anything in the soil; the soil from
the fill was tested as well as the soil around the trees.
Councilmember deHaan inquired whether soil would be removed from
the site during construction, to which the Acting Planning
Director responded in the affirmative.
Councilmember deHaan inquired whether the pile of dumped soil
would be removed, to which the Acting Planning Director
responded that most of the pile would be redistributed, if not
removed from the site.
Councilmember deHaan stated that the soil should be analyzed for
the health of the trees and to see if there was dumping of
hazardous soil; there is a concern with mixing the soil.
The Planner III stated that Title 22 specifically addresses
environmental hazards and hazardous waste materials for the
general environment.
Councilmember Matarrese stated that a licensed arborist is
looking at the health and protection of the trees; the Historic
Advisory Board has a solution to mitigate the removal of trees;
a composite soil sample has been collected that is appropriate
for the future health of the trees; the laboratory's
certification to determine whether the soil dumped was toxic is
questionable; the owner should be responsible for taking the
soil away if the levels exceed the same standards that are
applied at Alameda Point for building residential units.
Vice Mayor Gilmore noted that the Planner III stated that Title
22 covers hazardous waste in situations beyond agriculture; the
report states that the mineral content of the soil does not
exceed Title 22 limits.
Councilmember Matarrese stated there is a question about whether
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June 21, 2005
the correct method was used.
Mayor Johnson stated the project could move forward with a
condition of staff confirmation.
Councilmember deHaan stated it is important to ensure that the
dumped soil is analyzed and moved to the proper location and
that the project should continue.
Councilmember Daysog provided a brief background on the history
of the trees at the site.
Councilmember Matarrese moved adoption of the resolution with
conditions to require appropriate analysis of the soil deposited
to ensure it meets residential safety, to require the owner to
remove the soil if levels exceed levels necessary for
residential use, and that staff oversee the project.
Councilmember deHaan requested an Off Agenda report on the
matter.
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 5.
(05 -307) Public Hearing to consider adoption of Resolution No.
13858, "Approving Engineer's Report, Confirming Diagram and
Assessment and Ordering Levy of Assessments, Island City
Landscaping and Lighting District 84 -2." Adopted.
Councilmember Daysog moved adoption of the resolution.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
(05 -308) Public Hearing to consider adoption of Resolution No.
13859, "Approving Engineer's Report, Confirming Diagram and
Assessment and Ordering Levy of Assessments, Maintenance
Assessment District 01 -01 (Marina Cove)." Adopted.
Councilmember Matarrese moved adoption of the resolution.
Councilmember deHaan seconded the motion, which carried by
unanimous voice vote - 5.
(05 -309) Public Hearing to consider adoption of Resolution No.
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13860, "Authorizing Collection of Delinquent Integrated Waste
Management Accounts by Means of the Property Tax Bills."
Adopted.
Mayor Johnson opened the public portion of the Hearing.
Opponents: Nancy Schlegel, Alameda; Leo Beaulieu, Alameda;
Pamela Jones, Alameda.
There being no further speakers, Mayor Johnson closed the public
portion of the Hearing.
Following Nancy Schlegel's comments, Mayor Johnson suggested
that Ms. Schlegel discuss her garbage problem with the Acting
City Manager.
Councilmember deHaan stated that he was concerned that Ms.
Schlegel's garbage problem had been on going for two years.
Councilmember Matarrese stated that space allotted for recycling
bins is the Home Owner Association's responsibility; the City
can address the lack of response and communication between the
contractor and the City.
Councilmember deHaan inquired whether Ms. Schlegel received any
notification.
Ms. Schlegel responded that she has returned unopened statements
and left messages but has not been called back.
The Public Works Director stated notification is via the bill; a
late notice is sent 45 days after a bill has not been paid;
there have been eight notifications over two years based upon
information provided by Alameda County Industries (ACI).
Following speaker Leo Beaulieu, the Public Works Director stated
the integrated waste management rate pays for all services;
residents can use one or all of the services; there are no
longer exemptions for green waste; the contract with ACI allows
for vacation exemptions; it is necessary to call ahead of time
to stop and start service.
Mayor Johnson suggested that Mr. Beaulieu discuss the matter
with the Public Works Director.
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The Public Works Director stated that the Council could make a
motion to adopt the resolution and give staff two weeks to
resolve the issues; if the issues are not resolved, a lien would
be placed on the properties.
The Acting City Manager requested that the two written
communications presented to Council tonight be included with the
speakers' requests for staff review.
Councilmember deHaan stated better communication regarding the
new contract requirements is needed; inquired whether collection
through property taxes has been done before.
The Public Works Director responded that collection of payment
through property taxes has not been done in the seven years he
has been with the City.
Councilmember deHaan inquired whether it is the City's
responsibility to determine how outstanding bills are resolved.
The Public Works Director responded in the affirmative; stated
that delinquent accounts would be included in the next rate
review in a year and a half; any garbage fees that are not
collected is passed on to the rate payers; rates would be
increased because the City is required to compensate ACI for the
service.
Mayor Johnson stated that the problem is that everyone who pays
their bill subsidizes those who do not.
The Public Works Director stated that 23 residents [on the list
included in the staff report] have paid.
The Acting City Manager suggested that the Council adopt the
Resolution with direction for staff to resolve issues of concern
raised by residents tonight and provide a status on said claims
within two weeks.
Councilmember Matarrese moved adoption of the resolution,
including the Acting City Manager's suggestion [to direct staff
to resolve issues of concern and provide a status on said claims
within two weeks].
Vice Mayor Gilmore seconded the motion.
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Under discussion, Councilmember deHaan stated that individuals
appeared tonight or e- mailed the Council to contest their bill;
inquired whether the Council would allow individuals who have
not responded to contest their bills.
The Acting City Manager responded that everyone had the right to
either provide something in writing or come to the Hearing to
respond; stated that he does not see any way for other
individuals to be accommodated now.
On the call for the question, the motion carried by unanimous
voice vote - 5.
(05 -310) Recommendation to authorize the Acting City Manager to
execute extension of the Harbor Bay Maritime Ferry Operating
Agreements for Alameda Harbor Bay Ferry Service (AHBFS) and
adopt associated budget.
The Acting City Manager stated that the Agreement is an
extension of an existing Agreement with Harbor Bay Maritime
(HBM) to operate the AHBFS between Bay Farm Island and San
Francisco; the Agreement is complicated because a good deal of
the funding comes through Regional Measure 1 Funds, which are
administered by the Metropolitan Transportation Commission
(MTC) ; HBM must achieve 40% revenue through fare box collections
in order to receive the funding through the City; the fare box
collection has dropped in the past few years; collection was 230
last year, 31% the year before, and 32% the preceding year; MTC
has notified the City that funding will no longer continue if
the 40% revenue through fare box is not achieved; MTC has
allowed the City an additional year; stated that the ferry was
down for four months last year and the cost of fuel has
practically doubled during the last two years.
Councilmember deHaan inquired whether on board labor costs was a
concern.
The Acting City Manager stated that the City is not a party to
negotiations between the Operator and the Union; the Union
contacted the City regarding concern with a reduction in the
work shift from eight hours to seven hours; eight -hour work
shifts will be maintained per negotiations.
The Ferry Services Manager stated that HBM and the Union have
reached a contract agreement for the next year beginning July 1.
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June 21, 2005
Mayor Johnson inquired where the fuel was bought, to which the
Ferry Services Manager responded that the fuel for the
Alameda /Oakland Ferry is purchased through Blue and Gold Fleet,
bought in bulk volume, and stored at Pier 39; AHBFS has a
contract with a fuel provider and is fueled at Pier 48.
Mayor Johnson inquired whether the fuel rates were comparable,
to which the Ferry Services Manager responded there is a
difference between 18 and 20 cents per gallon.
Mayor Johnson inquired whether HBM could fuel at Pier 39, to
which the Ferry Services Manager responded that there have been
discussions with Blue and Gold Fleet regarding fueling at Pier
39; insurance requirements make the possibility difficult and
costs would offset any benefit; there have been discussions with
the WTA regarding bulk purchases.
Councilmember Daysog inquired whether gas could be purchased
ahead of time and locked in at lower prices, to which the Ferry
Services Manager responded that HBM does not purchase ahead of
time but that Blue and Gold Fleet does.
Councilmember Daysog inquired whether purchasing gas ahead of
time would be a possibility for HBM, to which the Ferry Services
Manager responded there is a question of fuel storage
capability; relocating to Alameda Point is being reviewed.
Michael Torrey, Alameda, encouraged the Council to accept the
staff recommendation.
Scott Hennigh, Alameda, urged acceptance of the staff
recommendation; stated eliminating the 7:30 p.m. run is short
sighted and will decrease ridership; suggested capital reserve
funds be used to cover the cost of the 7:30 p.m. run and that
the Council consider a temporary reallocation of the Measure B
Funds toward advertising costs.
Mayor Johnson inquired whether there was any way to avoid
eliminating the 7:30 p.m. run.
The Acting City Manager responded there would be approximately
11 to 15 riders lost with the elimination of the 7:30 p.m. run;
increased ridership through marketing efforts should result in
breaking even; reducing what is set aside for capital reserves
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June 21, 2005
is short sighted; reserves are needed for potential boat repair
or replacement; stated that Measure B funds have been allocated
appropriately according to ridership; MTC and WTA have been
advised that the City will review the matter carefully for the
next three months.
Councilmember Matarrese inquired whether there is a possibility
of keeping the 7:30 p.m. run for a set period of time after the
advertising to determine the effect on ridership.
The Acting City Manger responded doing so would be expensive;
adding expenses makes it more difficult to meet the 40% fare box
ratio.
Councilmember Daysog stated that more information is needed on
the advertising strategy to properly evaluate the different
scenarios.
Councilmember Matarrese stated that he is concerned with cutting
the 7:30 p.m. run; riders are lost and not recovered when
services are down.
Mayor Johnson inquired when the advertising would start, to
which the Acting City Manager responded that some direct mail
advertising has already started.
The Ferry Services Manager stated a survey was conducted in May
inquiring whether commute patterns would remain the same if a 50
cent each way fare increase was implemented and the 7:30 p.m.
run was eliminated; 22 -23o riders indicated there would be a
significant reduction in ferry usage; 50 to 60 riders per day
would be needed to make up the loss in a worst case scenario;
the survey indicates that the market potential exists in the
primary market, which is the Harbor Bay and the Fernside
Districts; tests on the secondary market, covering San Leandro
and Oakland, are being conducted.
The Acting City Manager stated retaining the 7:30 p.m. run is
important; a three month trial would show whether increased
ridership would make up for the $2,500 loss per month.
Lorre Zuppan stated that she has not done an analysis of the
7:30 p.m. run; tracking the success of prior campaigns is
difficult; if ridership is not increased, keeping the 7:30 p.m.
run presents a risk.
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June 21, 2005
Councilmember Matarrese inquired whether having the 7:30 p.m.
run would be better for marketing.
Ms. Zuppan responded that added features attract users.
Councilmember Matarrese stated that time is needed to allow the
marketing to work and be assessed.
Vice Mayor Gilmore stated there would be more people on the 7:30
p.m. run now if the run was a desired feature; missing the
target would require putting in a lot of money or not meeting
the 40% fare box requirement and losing the entire ferry
operation.
Councilmember Daysog inquired what the break even number of
riders would be for the 7:30 p.m. run, to which Ms. Zuppan
responded 22 riders.
Mayor Johnson inquired whether the Executive Director of the WTA
had any thoughts on the matter.
Steve Castleburry, WTA Chief Executive Officer, stated there is
uncertainty in marketing; information obtained in surveys is
highly unreliable.
Mayor Johnson inquired whether there is any information on the
impacts of cuts elsewhere.
Mr. Castleburry responded that the City of Larkspur did not lose
as many riders as anticipated; stated ferry ridership is up
compared to other services.
The Acting City Manager stated that part of the increased ferry
ridership is because the economy is starting to get a little
better; having the trial period in the summer might not be good
because people are on vacation.
Mayor Johnson inquired about lost ridership last summer.
The Acting City Manager stated that last summer would not be a
good comparison because the ferry was down for four months.
The Public Works Director corrected the break even number of
riders for the 7:30 p.m. run to 36.
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June 21, 2005
Councilmember deHaan stated taking one trip out per day is a
major change.
Steve Brimhall, President HBM, stated the capital reserve funds
do not apply against the fare box; HBM is not in a funding
position.
The Ferry Services Manager stated that the City has an
obligation to maintain ferryboats or pay back the grants used to
acquire the boats.
The Public Works Director suggested the recommendation might be
to accept the three -month trial subject to MTC's approval and
reaching an agreement with HBM.
Mayor Johnson suggested conveying to MTC that the City does not
want to lose more riders by cutting service and wants to do
everything possible to maintain the level of service and
increase the number of riders above the current level.
Councilmember Daysog inquired whether there is any indication
that the June fare box recovery is trending upwards, to which
the Public Works Direction responded that he did not know.
Councilmember Daysog inquired how eliminating the 7:30 p.m. run
would impact ratios, to which the Acting City Manager responded
by 1%.
Councilmember Matarrese stated that he is in favor of presenting
the proposal to MTC; eliminated services are never recovered.
Councilmember Daysog concurred with Councilmember Matarrese.
Councilmember Matarrese stated a month- and- a -half trial period
would be fine if a three -month trial period were too long.
Councilmember Matarrese moved approval of the staff
recommendation with the exception of eliminating the 7:30 p.m.
run contingent upon MTC allowing the City to preserve the 7:30
p.m. run for an approximate three -month trial period and
agreement with HBM.
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 5.
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ORAL COMMUNICATIONS, NON- AGENDA
(05 -311) The following speakers spoke in favor of the
theatre /parking structure project: Pauline Kelley, Alameda,
Debbie George, Alameda, Michael Britt, Alameda Eyes Optometry;
Catherine Brewer, Alameda; Melody Marr, executive Director,
Chamber of Commerce; Lorre Zuppan, Alameda; Kathy Leong,
President, Chamber of Commerce; Mel Waldorf, Alameda; Robb
Ratto, Park Street Business Association (PSBR) (submitted
handout) ; Frank George, Alameda; Lars Hanson, PSBR; Kate Pryor,
Alameda.
The following speakers expressed concern with the
theatre /parking structure project: Bill Woodle, Alameda; Jon
Spangler, Alameda; Richland Tester, Alameda; Morgan, Alameda
(submitted handout); Kevin Frederick, Alameda; Deborah
Overfield, Alameda; Valerie Ruma, Alameda; Ani Dimusheva,
Alameda; Steph Wades, Alameda.
Following Jon Spangler's comments, Councilmember Matarrese
inquired whether the theatre would cost $25 million.
The Acting City Manager responded that the parking structure and
the theatre cost is $25 million.
Councilmember Matarrese inquired whether the theatre cost was $9
million.
The Development Services Manager responded that the historic
theatre project cost is $9.6 million; $10.5 million is for the
352 space parking structure; the multi screen cinema is a
combination of private and public dollars; $5.3 million has been
raised privately by the developer; there is a contribution of
$2.8 million in loans; the vertical features will be put into
the new theatre for an additional $760,000; the total project
cost is about $28 million with the developer's contribution.
Councilmember Daysog requested an
project costs.
Councilmember deHaan stated an ec
market study was performed in
operations of movie theatres have
prudent to review an updated market
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June 21, 2005
Off Agenda Report specifying
onomic feasibility study and
1997; inquired whether the
changed; stated it would be
study.
Mayor Johnson noted the matter was not on the agenda and Council
could not discuss the matter and could only ask questions.
Following Kate Pryor's comments, Councilmember Matarrese
requested a catalog on the website indicating where reports can
be found regarding the theatre and parking structure; stated
that the Planning Board has deferred the design review for both
the parking structure and theatre.
(05 -312) Will Richards, Alameda, stated that Alameda growth is
inevitable; redevelopment projects should be reviewed on own
merits.
(05 -313) Michael John Torrey, Alameda, stated that June 25
through June 26 is the annual Amateur Radio Field Day.
(05 -314) Richard Neveln, Alameda, stated there has been no
planning for temporary bus stops during the Park Street and
Webster Street construction.
COUNCIL COMMUNICATIONS
(05 -315) Discussion of the proposed baseball stadium along
Alameda and Oakland's shared estuary.
Councilmember Daysog requested staff birddog the proposed
baseball stadium; stated the matter could be bad or good; noted
there is a shared interest in the estuary and the City of
Alameda should be part of the planning.
(05 -316) Consideration of Mayor's nominations for appointment to
the Historical Advisory Board, Housing and Building Code Hearing
and Appeals Board, Housing Commission, Library Board, Planning
Board, and Social Service Human Relations Board.
Mayor Johnson nominated Randal S. Miller for reappointment to
the Historical Advisory Board; Edward Dependbrock for
reappointment to the Housing and Building Code Hearing and
Appeals Board [remaining appointment continued]; Nancy W.
Gormley and Garnetta S. King for reappointment to the Housing
Commission; Ruth K. Belikove and Alan D. Mitchell for
reappointment to the Library Board; Rebecca L. Kohlstrand
Parsons and Margaret McNamara for reappointment to the Planning
Board; Stewart Chen, Karen Hollinger Jackson, and Cynthia Wasko
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June 21, 2005
for reappointment to the Social Service Human Relations Board.
ADJOURNMENT
There being no further business, Mayor Johnson adjourned the
regular meeting at 10:45 p.m.
Respectfully Submitted,
Lara Weisiger
City Clerk
The Agenda for this meeting was posted in accordance with the
Brown Act.
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