2003-09-16 Regular MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- -SEPTEMBER 16, 2003- -7:30 P.M.
Mayor Johnson convened the Regular Meeting at 7:50 p.m.
CEREMONIAL INSTALLATION
(03-414) The Honorable Judge C. Richard Bartalini will administer
the Oath of Office.
Office of City Councilmember
Marie Gilmore
* * *
Mayor Johnson recessed the Regular Meeting at 7:55 p.m. and
reconvened the Regular Meeting at 8:23 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
(03-415) Proclamation declaring September 21, 2003 as “Home Tour
Day” in Alameda.
Mayor Johnson read the Proclamation and presented it to Delores
Rhoads.
Jon Spangler, Bike Alameda, noted valet bike parking for the event
would be available at Franklin Park.
(03-416) Proclamation declaring October 1 as “Shelter-in-Place
Education Day.”
Mayor Johnson read the proclamation and presented it to the Fire
Chief and Disaster Preparedness Captain.
CONSENT CALENDAR
Mayor Johnson announced that the recommendation to authorize the
Regular Meeting Alameda City Council
September 16, 2003
1
City Manager to execute a Professional Services Contract with
Lamphier-Gregory [paragraph no. 03-420]; the recommendation to
award Contract in the amount of $245,250 to J.W. Riley & Son
[paragraph no. 03-421]; the recommendation to adopt Plans and
Specifications for the Fiscal Year 2003-04 Annual Sidewalk Repair
Program [paragraph no. 03-422]; and the Resolution of Intention to
Establish a Community Facilities District [paragraph no. 03-425]
were removed from the Consent Calendar for discussion.
Councilmember Kerr moved approval of the remainder of the Consent
Calendar.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote – 5.
[Items so enacted or adopted are indicated by an asterisk preceding
the paragraph number.]
(*03-417) Minutes of the Special City Council Meeting of August 26,
2003; the Special and Regular City Council Meetings held on
September 2, 2003; and the Special City Council Meeting held on
September 4, 2003. Approved.
(*03-418) Recommendation to accept report on the Local Law
Enforcement Block Grant Program. Accepted.
(*03-419) Recommendation to accept report on the Citizen’s Option
for Public Safety Program (COPS AB 3229). Accepted.
(03-420) Recommendation to authorize the City Manager to execute a
Professional Services Contract with Lamphier-Gregory for
environmental review services for the Northern Waterfront Plan and
Projects.
Vice Mayor Daysog stated moving the Northern Waterfront Specific
Plan forward has taken a long time; there is a November 2004
deadline; however, the City needs to get the issue moving forward
as soon as possible; many people are anxiously waiting to see the
matter resolved; thanked staff for getting private sector funding
and using redevelopment funding for the public funding portion;
encouraged the matter be finalized as soon as possible.
Vice Mayor Daysog moved approval of the staff recommendation.
Councilmember Kerr stated the Plan was halted; inquired what Plan
the Environmental Impact Report (EIR) will address.
The Planning and Building Director responded the Plan should move
Regular Meeting Alameda City Council
September 16, 2003
2
forward by the end of 2003 and beginning of 2004; the approach has
changed; originally the Plan was being processed as a Specific
Plan; now, the Plan is being addressed as a General Plan Amendment
and rezoning to achieve the community’s goals in a more expeditious
manner; the next step is review by the Advisory Committee in
October for confirmation that its recommended land use policies and
objectives are being carried forward; then, the EIR process will be
initiated and out for public review; the matter should be
considered by the Planning Board early next year and then be
presented to Council.
Councilmember Kerr stated that she was concerned because the
process has involved committee members living all over the City and
little input from the north side; the public was not allowed to
speak until after the vote was taken at initial hearings; inquired
whether there would be a Planning Board hearing.
The Planning and Building Director responded the City was beginning
a extensive community engagement period in which there would be a
number of opportunities for public input over the next several
months.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote – 5.
(03-421) Recommendation to award Contract in the amount of
$245,250 to J.W. Riley & Son, Inc., for Annual Sewer Point Repairs
and Asphalt Concrete Pavement Replacement, No. P.W. 05-03-12.
Mayor Johnson stated that she requested a briefing on the contract
awarding process; requested an explanation of the annual contract
for sewer repairs.
The Public Works Director stated the contract is for point repair
of sewer cave-ins, which occur periodically in the City; the Public
Works Department cannot handle some of the repairs because some
sewer mains are too deep.
Mayor Johnson inquired whether the contractor received the fixed
amount or if the amount is used as needed.
The Public Works Director responded the contract is a combination
of both; there are different types of soil and sizes of pipes; the
contractor gives a unit price for each type of work; as problems
develop, Public Works directs the contractor to make repairs under
the specific unit price; the Contract amount cannot be exceeded.
Mayor Johnson stated as the need arises, the Public Works
Regular Meeting Alameda City Council
September 16, 2003
3
Department has the contractor complete the work for the unit price;
inquired whether the amount spent by the end of the year could be
lower than the contract price.
The Public Works Director responded in the affirmative.
Vice Mayor Daysog moved approval of the staff recommendation.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote – 5.
(03-422) Recommendation to adopt Plans and Specifications and
authorize Call for Bids for the Fiscal Year 2003-04 Annual Sidewalk
Repair Program, No. P.W. 07-03-15.
Mayor Johnson noted that her questions were answered under the
previous agenda item.
Vice Mayor Daysog moved approval of the staff recommendation.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote – 5.
(*03-423) Recommendation to adopt Plans and Specifications and
authorize Call for Bids for Alameda Point Pier Three Electrical
Upgrades, No. P.W. 08-02-08. Accepted.
(*03-424) Resolution No. 13631, “Adopting the City of Alameda
Measure B Paratransit Service Plan.” Adopted.
(03-425) Resolution No. 13632, of Intention to Establish a
Community Facilities District (Bayport Municipal Services
District).” Adopted.
Vice Mayor Daysog stated that his previous concerns about including
covering the public safety and other City services costs, in
addition to Public Works and Recreation and Parks, were addressed;
thanked staff for responding to his concerns; that he estimates
there is a $60,000 to $100,000 shortfall; however, he does not
include sales taxes generated off of the site, which makes the
project fiscally whole.
Councilmember Kerr inquired whether the police and fire public
safety of the residential areas are dependent upon development of a
retail area.
The Redevelopment Manager responded the residential project pays
for itself without relying on revenues from future commercial
Regular Meeting Alameda City Council
September 16, 2003
4
development or lease revenues.
Councilmember Kerr stated the cost of public safety service for the
Homeless Collaborative is high because there is an average of five
calls per dwelling unit per month; the Housing Authority’s 39-units
are going to be run by one of the providers of the Homeless
Collaborative; inquired whether said units would be exempt from
paying into the community services district.
The Redevelopment Manager responded in the affirmative; stated the
affordable housing units are excluded from payment; however, the
unit calculation for all units includes the additional service
needs for the 39-units.
Councilmember Kerr inquired whether the calculations were based
upon the similar number of calls at the Homeless Collaborative.
The Base Reuse and Redevelopment Manager stated the 62–unit and 39-
unit projects are exempt because the Housing Authority is exempt
from special taxes; the analysis used the same assumptions about
police calls across the board; the operator proposed to run the 39-
unit project has the lowest number of police calls for the 28-unit
project it manages at West Housing; the operator’s history can be
provided at the Public Hearing [October 21].
Councilmember Kerr inquired whether the homeowners would be paying
taxes to support the public services in the 39-unit and 62-unit
projects.
The Redevelopment Manager responded in the affirmative; stated
that, in the 62-unit project, there are ten affordable
homeownership units, which will pay into the municipal services
district; noted the school district and City’s park are exempt.
Councilmember Kerr inquired whether the homeowners would be paying
for the cost of public safety services for the school district, to
which the Redevelopment Manager responded in the negative.
The Base Reuse and Redevelopment Manager stated the rate and method
of assessment is calculated within the legal parameters of a nexus;
there must be a nexus between the assessment charged to the
homeowner and the services that are being rendered; the City cannot
charge any more than what is legally permissible; the nexus was
established for the overall 495-unit subdivision.
Councilmember Kerr stated the 39-units are being built under the
ownership of the Housing Authority because the Housing Authority is
exempt from Measure A; however, the units will be run by a provider
Regular Meeting Alameda City Council
September 16, 2003
5
at the Homeless Collaborative; Council is not prohibited from
charging for public services.
The Acting City Manager stated a work session on the matter would
be held on October 7 and a public hearing would be held on October
21; staff will address the concerns at said time.
Vice Mayor Daysog stated the municipal services district will
generate $527,000 in 2008, of which two-thirds goes to Public Works
and the other goes to park maintenance; additionally, there would
be $50,000 to pay for Police services; the property will generate
other taxes, such as transfer taxes, property taxes and sales tax
by residents living at Bayport; $1.3 million in revenue will be
generated; however, there will be $1.4 million in cost; sales taxes
and property taxes outside the residential portion will close the
gap.
Vice Mayor Daysog moved adoption of the resolution, taking into
consideration Councilmember Kerr’s concerns about police costs
associated with the Homeless Collaborative provider.
The City Attorney stated the workshop on October 7 should be a
joint meeting to allow the Council to wear its other hats and make
choices as the Community Improvement Commission or Housing
Authority Board of Commissioners.
Councilmember Gilmore seconded the motion, which carried by the
following voice vote: Ayes: Councilmembers Daysog, Gilmore,
Matarrese and Mayor Johnson – 4. Noes: Councilmember Kerr –1.
(*03-426) Ratified bills in the amount of $2,348,990.78.
REGULAR AGENDA ITEMS
(03-427) Public Hearing to consider approval of a Zoning Text
Amendment to provide that any future exemptions from the Water
Reuse Ordinance within the City be approved by the Public Works
Director instead of the Planning Board and to remove redundant
language regarding economic feasibility; and
(03-427A) Introduction of Ordinance Amending the Alameda Municipal
Code by Amending Subsection 30-57.7 (Exemptions) of Section 30-57
(Alameda Water Reuse), of Article IIIA (Alameda Water Reuse) of
Chapter XXX (Development Regulations) Relating to Water Reuse.
There being no speakers, Mayor Johnson opened and closed the public
portion of the Hearing.
Regular Meeting Alameda City Council
September 16, 2003
6
Councilmember Kerr inquired whether the Planning Board and Council
could be notified when the Public Works Director makes decisions.
The City Attorney stated Council could give direction to the City
Manager by motion administratively or the ordinance could be
amended.
Councilmember Kerr moved introduction of the ordinance with the
addition that a notice be sent to the Planning Board and Council
when such a decision is made.
Councilmember Matarrese inquired whether the motion was to require
the notice in the ordinance.
Mayor Johnson inquired whether the ordinance could be revised for
final passage.
The City Attorney responded in the affirmative; staff would add a
sentence that “upon any such determination, there shall be notice
provided to the Planning Board and Council.”
Mayor Johnson stated the ordinance should be amended.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote – 5.
(03-428) Public hearing to consider endorsing the City’s
participation in the Regional Bus Shelter Advertising Program and
to consider Zoning Text Amendment ZTA03-0002 to amend Alameda
Municipal Code Subsection 30-6.15 (Signs Exempt) of Section 30-6
(Sign Regulations) to permit the display of advertising on bus
shelters;
(03-428A) Ordinance No. 2905, “Amending the Alameda Municipal Code
by Amending Subsection (b) of Subsection 30-6.15 (Signs Exempt) of
Section 30-6 (Sign Regulations) of Chapter XXX (Development
Regulations) Relating to Bench Signs.” Finally passed;
(03-428B) Resolution No. 13633, “Establishing a Bus Shelter Master
Plan Procedure.” Adopted; and
(03-428C) Recommendation to authorize the City Manager to Execute
the First Amendment to the Joint Powers Agreement for
Implementation of a Transit Shelter Advertising Program.
Vice Mayor Daysog stated Resolution No. 12567 governing the
proceeding of meetings includes a section that addresses a motion
to reconsider; inquired whether the Council is reconsidering an
Regular Meeting Alameda City Council
September 16, 2003
7
action since there was a previous vote on the matter.
The Acting City Manager stated the previous Council vote was two
ayes one no, which has the effect of not being an action.
Vice Mayor Daysog inquired whether the section of Resolution 12567
was not operative.
The City Attorney stated the motion for reconsideration applies
when there has been a final action and was adopted to keep the
losing side from raising the same matter time and time again.
Vice Mayor Daysog noted not taking an action is a form of action.
Mayor Johnson opened the Public Hearing.
Proponents: Robb Ratto, Park Street Business District; John Knox
White, Transportation Commission; Delores Jaquez, AC Transit;
Robert Del Rosario, AC Transit; Golda Mason, Alameda Transit
Advocates; Sherri Stieg, West Alameda Business Association; Jon
Spangler, Alameda; Michael Krueger, Alameda Transit Advocates; and
Susan Decker, Alameda Transit Advocates.
Neutral: Michel John Torrey, Alameda.
Mayor Johnson closed the public portion of the Hearing.
Councilmember Matarrese thanked staff for the work on the report,
particularly for the public process on shelter site selection;
noted preference for non-advertising shelters would be given to the
completely residential bus stop.
Councilmember Kerr stated that she is concerned about permitting
advertisement to be up to six feet high and four feet wide, with
two allowed on each bus shelter; former City Councils went trough a
great deal to eliminate billboards; that she understands the need
for shelters; noted Marina Village and Harbor Bay Isle shelters are
privately maintained and funded.
Mayor Johnson stated sources of funding were identified for
installation and procurement; inquired whether funds were
identified for maintenance.
The Public Works Director stated Measure B fund can be used for
capital and for maintenance; redevelopment Community Development
Block Grant funds could not be used for maintenance; using Measure
B funds for capital and maintenance would cause preventative
maintenance of sidewalks and street resurfacing to fall behind; the
Regular Meeting Alameda City Council
September 16, 2003
8
sidewalk repair list has over 2,000 locations and only 300 per year
are funded.
Vice Mayor Daysog inquired when shelters would begin to be
constructed if approved.
The Public Works Director responded an extensive public process
would occur; by December, the criteria for selecting the location
of bus shelters would be before Council; negotiation with the
contract would begin in January; by the end of next year a number
of shelters could be constructed.
Mayor Johnson noted there would be a number of opportunities for
public participation; if the bus shelter contractor Agreement is
not signed, the City would be under no obligation to install any
shelters.
Vice Mayor Daysog moved approval of the staff recommendation
[introduction of the ordinance, adoption of the resolution and
approval of the recommendation], with encouragement that the Alameda
Arts Council be consulted to provide artistic input.
Councilmember Matarrese seconded the motion.
Councilmember Gilmore stated the Public Works Director indicated it
would be a year before shelters are installed; requested that the
business districts provide a plan on placement and funding for the
shelters within the year period of time.
Councilmember Matarrese suggested review of installing advertising
shelters in business districts under the Joint Powers Agreement
(JPA), which could be removed when the streetscape development
occurs; stated the matter should be discussed by the Transportation
Commission.
Mayor Johnson stated the business districts should provide plans;
if plans are not submitted, the City could consider installing
shelters through the JPA program.
Robb Ratto, Park Street Business Association (PSBA), stated PSBA is
creating a plan for the Metropolitan Transportation Commission; the
plan for the area from Lincoln Avenue to Encinal Avenue will
include transit hubs at the intersections of Santa Clara and
Encinal, as well as a stop in front of City Hall and the Carnegie
Building; the transit hubs will have shelters; AC Transit plans to
eliminate the bus stops at Lincoln Avenue and Central Avenue;
funding from City bonds will be used to fund shelters; PSBA is
working to secure additional funding for the intersection of Buena
Regular Meeting Alameda City Council
September 16, 2003
9
Vista and Park Street.
Vice Mayor Daysog and Councilmember Matarrese amended the motion to
include Councilmember Gilmore’s suggestion [that the business
districts provide a plan on placement and funding for the shelters
within the year period of time].
On the call for the question, the motion carried by the following
voice vote: Ayes: Councilmembers Daysog, Gilmore, Matarrese and
Mayor Johnson – 4. Noes: Councilmember Kerr – 1.
(03-429) Ordinance No. 2906, “Accepting a Quitclaim Deed from East
Bay Municipal Utility District Relinquishing Previous Easements for
the Naval Air Station Alameda Replacement Wastewater Interceptor
System Project and Approving and Authorizing the Execution of
Revised Easements Between East Bay Municipal Utility District, as
Grantee, and the City of Alameda, as Grantor, for the Naval Air
Station Alameda Replacement Wastewater Interceptor System Project.”
Finally passed.
Vice Mayor Daysog moved final passage of the ordinance.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote – 5.
ORAL COMMUNICATIONS, NON-AGENDA
(03-430) Barry Luboviski, Building and Construction Trades Council
of Alameda County, submitted information to Council; stated the
State Senate and Assembly passed a bill authored by Senator Burton
recognizing prevailing wage; requested the City Council to consider
placing a resolution supporting the principles and reaffirming
prevailing wage on a future agenda; requested that the underlined
passages on the sample resolution he submitted be included if the
City Council adopts a resolution.
(03-431) Mike Dunlap, Operating Engineers Local #3, urged Council
to support the resolution presented by Mr. Luboviski.
Mayor Johnson requested staff to bring the matter back to Council.
The City Attorney stated the speakers were previously advised by
City staff that City of Alameda has not taken a position on the
matter; the League of California Cities has not requested amicus
support; the court case will be decided and could be a final
decision applicable statewide.
Regular Meeting Alameda City Council
September 16, 2003
10
COUNCIL COMMUNICATIONS
(03-432) Vice Mayor Daysog stated that he has concerns regarding
the access to public documents, such as department head monthly
reports and letters; requested review of how the City provides
access to public documents, including how confidential information
is made available once a motion is taken; that he would like to
hear from members of the community and might hold town hall
meetings.
(03-433) Councilmember Matarrese requested an update on the status
of the news rack ordinance; stated the matter should be brought to
public attention.
(03-434) Mayor Johnson requested a briefing on the Home Savings
building on which the City holds a lease.
(03-435) Vice Mayor Daysog announced that September 20 is beach
clean-up day.
ADJOURNMENT
There being no further business, Mayor Johnson adjourned the
Regular Meeting at 9:45 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
September 16, 2003
11