2001-12-04 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY - - DECEMBER 4, 2001 - - 7:30 P.M.
Mayor Appezzato convened the Regular City Council Meeting at 7:37
p.m. Councilmember Johnson led the Pledge of Allegiance.
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
Mayor Appezzato announced that the recommendation to adopt Plans
and Specifications and authorize Call for Bids for the Audible
Signals Project [paragraph no. 01 -621] and the recommendation to
award Contract in the amount of $550,550 to BBI Construction
[paragraph no. 01 -622] were removed from the Consent Calendar for
discussion.
Councilmember Kerr moved approval of the remainder of the Consent
Calendar.
Vice Mayor DeWitt seconded the motion, which carried by unanimous
voice vote - 5.
[Items so enacted or adopted are indicated by an asterisk preceding
the paragraph number.]
( *01 -619) Minutes of the Special City Council Meeting held on
November 13, 2001 and Regular City Council Meeting held on November
20, 2001. Approved.
( *01 -620) Recommendation to award Towing Contract (MSP 9 -01 -1) to
Ken Betts Towing and Abandoned Vehicle Towing Contract (MSP 9 -01 -2)
to A & B Towing. Accepted.
(01 -621) Recommendation to adopt Plans and Specifications and
authorize Call for Bids for the Audible Signals Project, No. P.W.
04- 01 -13.
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December 4, 2001
Councilmember Daysog moved approval of the staff recommendation
with the suggestion that when additional locations are considered
in the future, the intersection of Webster Street and Atlantic
Avenue be placed high on the list.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
(01 -622) Recommendation to award Contract in the amount of
$550,550 to BBI Construction for Mastick Senior Center Heating
Ventilation and Air Conditioning Project, No. P.W. 10- 00 -17; and
allocate $105,550 in General Fund Reserves to the project.
Councilmember Kerr stated the project has been delayed due to
reluctance to put $1� Million into a building the City did not own;
the City recently took title to the Mastick Senior Center; at last,
the seniors will have a decent heating and ventilation system.
Councilmember Kerr moved approval of the staff recommendation.
Councilmember Daysog seconded the motion.
Under discussion, Mayor Appezzato stated the agreement transferring
title of Mastick Senior Center included the City giving the School
District 20 acres of land at the former Navy Base [Alameda Point]
and agreeing to more than double school impact fees for every new
home built.
On the call for the question, the motion carried by unanimous voice
vote - 5.
( *01 -623) Resolution No. 13415, "Approving Final Map and Bond,
Authorizing Execution of Subdivision Improvement Agreement and
Accepting Dedications and Easement Vacations for Tract 7170 (Marina
Cove - KB Home)." Adopted;
( *01- 623A)Resolution No. 13416, "Determining to Undertake
Proceedings for the Formation of a Maintenance Assessment District
Pursuant to Chapter III, Article V, of the Alameda Municipal Code
(The City of Alameda Maintenance Procedure Code)." Adopted; and
( *01- 623B) Resolution No. 13417, "Appointing an Engineer and an
Attorney for City of Alameda Maintenance District 01 -l." Adopted.
( *01 -624) Resolution No.
Submit an Application for
Safe Neighborhood Parks,
13418, "Authorizing the City Manager to
the Per Capita Grant Program Under the
Clean Water, Clean Air, and Coastal
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Alameda City Council 2
December 4, 2001
Protection Bond Act of 2000." Adopted.
( *01 -625) Resolution No. 13419, "Authorizing Open Market Purchase
from Allied Sweepers, Inc.
City Charter for Purchase
Equipment." Adopted.
Pursuant to Section 3 -15 of the Alameda
of "Green Machine" Sidewalk Cleaning
( *01 -626) Recommendation to overturn the Transportation Advisory
Committee's Denial of the request to designate Two Parking Spaces
for Official Vehicle Use at the Historic Alameda High School for
"AUSD Superintendent" and "School Board Member;" and
( *01 -626A) Introduction of Ordinance Amending the Alameda Municipal
Code by Amending Subsection 8 -8.4 (Official Vehicles Designated
Areas) of Section 8 -8 (General Parking Regulations) of Chapter VIII
(Traffic and Motor Vehicles) Relating to Parking Spaces on Central
Avenue at Historic Alameda High School. Introduced.
( *01 -627) Introduction of Ordinance Approving and Authorizing the
Execution of First Amendment to Lease Agreement Between the United
States of America, as Lessee, and the City of Alameda, as Lessor,
to Reduce the Leased Premises Located at Coast Guard Island from
4.37 Acres to 0.015 Acres. Introduced.
( *01 -628) Ratified Bills in the amount of $1,824,323.61.
REGULAR AGENDA ITEMS
(01 -629) Introduction of Ordinance Approving and Authorizing a
Multiple Site Lease Agreement Between the City of Alameda and
American Tower Corporation for Development and Operation of
Wireless Telecommunication Facilities on City Property, Including
One Site Each at the Chuck Corica Golf Complex, Fire Station #4 and
Washington Park. Introduced.
Steven Gerstle, Green Party, urged Council to refrain from
approving any project which includes placing towers in City parks;
stated City parks are purposely protected from commercial
development for the recreational enjoyment of residents.
Mayor Appezzato noted there were many public meetings to address
the proposed towers.
Robb Ratto, Park Street Business Association (PSBR), urged Council
to approve the staff recommendation; stated PSBR receives many
complaints about cellular phones getting cut off; also, emergency
services must be able to use cellular services.
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December 4, 2001
Bill Stephens, American Tower Corporation, thanked staff and stated
that he was available to answer questions.
Harry Hartman, Alameda, stated cellular phones cutting off is
unprofessional; people should be able to dial 9 -1 -1 from anywhere
on the Island; victims in New York used cellular phones to talk to
their families during the disaster and cellular phones were used
during the relief effort.
Tom Eelkema, Oakland, stated that he is in yacht sales at Ballena
Bay; a problem he has experienced has been cellular call dropping
when someone bringing in a boat gets lost or has engine problems;
urged Council to approve the staff recommendation; submitted two
letters in support of the recommendation.
Mike Behm, Alameda, stated that his cellular phone does not work at
his home on Central Avenue between Fernside Boulevard and High
Street, or at his business at the former Navy Base [Alameda Point];
urged Council to approve the staff recommendation.
Rod M. Scott, Alameda, stated that he is a private investigator in
Alameda and relies on his cellular phone to communicate with
clients; urged Council to vote to increase coverage in Alameda.
Janice Graham, Alameda, urged Council to adopt the ordinance to
provide [cellular phone] coverage.
Tom Pavletic, Alameda, stated the Lease Agreement allows the City
Manager to approve additional towers without Council approval; the
City Council should review said approach and revise the [Lease]
section to require all towers be approved by Council.
Mayor Appezzato inquired whether the City Manager could put towers
anywhere he desired.
The Assistant City Manager, Operations, responded that the
Multiple -Site Lease Agreement provides that the City Manager is
empowered to include additional sites, as long as it meets the four
criteria: 1) [land area] less than 2,000 square feet; 2) building
[footprint] not larger than 1,000 square feet; 3) installation does
not have a significant visual impact; and 4) the project is
Categorically Exempt under the California Environmental Quality
Act.
Mayor Appezzato inquired whether the matter was reviewed by the
Planning Board, to which the Assistant City Manager, Operations,
responded in the affirmative.
Donna Milgram, Institute for Women in Trades, Technology and
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December 4, 2001
Science, stated that she travels with heavy equipment, e.g. laptop,
projector; if her taxi does not arrive to take her to the airport,
she has to carry all her luggage back upstairs to call the taxi
company because her cellular phone does not work; the City should
move forward with more towers.
Jack Bolander, Ballena Isle Marina, stated Ballena Isle Marina does
not have cellular phone reception; boaters must get land - lines;
adopting the ordinance would greatly help his business and all
businesses in Alameda.
John Durant, Club Nautique, stated "ditto" to previous speaker's
comments supporting cellular towers.
Emily Ruoss, Alameda, stated that she supports all that has been
said in favor of towers.
Kathleen Patrick, Alameda, stated cellular phones are critical;
urged Council to support the staff recommendation.
Moira Fossum, Alameda Chamber of Commerce, stated "ditto" to
previous speaker's comments supporting cellular towers.
Councilmember Kerr stated that Section 2 of the Multiple -Site Lease
Agreement authorizes the City Manager to approve additional sites
which meet the criteria; the City Attorney and Planning Director
confirmed that most sites would require a Use Permit or Design
Review; however, neither has an absolute requirement to be brought
to the Planning Board; when Council previously addressed the
matter, Councilmembers agreed that the public should be notified
and public hearings should be held when additional sites are
selected; in order to ensure that there is a hearing, Section 2 [of
Lease] could be eliminated or a Section could be added [to Lease]
requiring that any additional sites to be brought to the Planning
Board as a matter of Major Design Review.
Councilmember Kerr moved approval of the Multiple -Site Lease
Agreement [including, finding proposed Lease Agreement statutorily
exempt under CEQA guidelines and approving Lease Agreement by
introducing ordinance] with the addition of a requirement that
additional sites be brought to the Planning Board as a matter of
Major Design Review.
Councilmember Daysog stated that during the previous Council
discussion, health issues were of concern; requested the City's
medical expert to review health related issues.
The Assistant City Manager, Operations, stated Dr. Bushberg from
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December 4, 2001
University of California, Davis, was present.
Mayor Appezzato requested Dr. Bushberg to explain how safe or
unsafe the towers are; stated that he was told there are more
problems with televisions, radios and other devices in homes.
Councilmember Daysog inquired whether the testimony provided by Dr.
Bushberg would be given freely and via contract with the City of
Alameda, to which Mr. Bushberg responded in the affirmative.
Councilmember Daysog inquired whether testimony would be from Dr.
Bushberg's expert standpoint regarding health related issues, to
which Dr. Bushberg responded in the affirmative.
Councilmember Daysog requested Dr. Bushberg to describe the
threshold for radio frequency emissions and the health risks.
Dr. Bushberg, U.C. Davis, stated reports prepared by the consulting
firm of Hammet & Edison provided a worst case estimate of the
maximum exposure from radio frequency waves; compared to allowable
public exposure limits established by the Federal Communications
Commission (FCC), maximums were less than to of the FCC's allowed
limit; the FCC' s limit is set at a limit 50 times below a level
that is thought to be potentially hazardous; Hammet & Edison's
estimate is 200 times lower than the FCC's maximum allowed public
exposure limit and about 10,000 times lower than the level thought
to be potentially hazardous for human exposure.
Councilmember Daysog thanked Dr. Bushberg for his sworn testimony;
stated residents should feel safe that the towers will not have
harmful health effects.
Councilmember Johnson requested staff to comment on whether
Councilmember Kerr's recommendation has a significant impact.
The Economic Development Manager stated the intent of the provision
[Section 2 of the Lease Agreement] was that any site would be
consistent with existing zoning and planning requirements; the
provision provides the City Manager the opportunity to approve
projects in the same expedited process that a single carrier would
face after the application goes through the normal planning
process.
Councilmember Johnson stated American Tower will face different
standards than other companies; there should be consistency;
another corporation should not have an advantage.
Councilmember Kerr stated the motion could be amended; inquired
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December 4, 2001
what would not be consistent.
Councilmember Johnson stated another company could propose a tower
without having to go to the Planning Board.
The City Attorney stated an existing ordinance gave the City
Manager discretion [over installation of towers], where the maximum
footprint is 400 square feet; American Tower could apply to have a
smaller facility under the existing ordinance.
Mayor Appezzato stated if a project exceeds 400 square feet,
Councilmember Kerr would like the matter to be addressed by the
Planning Board.
The City Attorney stated Council can establish two procedures based
upon size: 400 square feet or less would be permitted under the
existing ordinance, while 2,000 square foot would be permitted
under the proposed ordinance.
Councilmember Kerr stated tower height can be 120 feet, which
impacts beyond the immediate adjacent property; towers could be
installed in a manufacturing zone, which might be adjacent to
homes; inquired whether all additional towers over a certain height
could require Planning Board review.
Mayor Appezzato inquired whether the requirements could be
consistent; and whether the applicant agreed to the requirement.
The City Attorney stated Ordinance No. 2843 would have to be placed
on an agenda for amendment; said ordinance includes a maximum
footprint square footage, not height criteria; Council could
establish a height criteria in the proposed ordinance and direct
that height criteria be established in Ordinance No. 2843, which
could return to Council for amendment; Council does not have the
authority to amend Ordinance No. 2843 tonight, because it is not on
the agenda.
Councilmember Kerr amended the motion to include direction that
Ordinance No. 2843 be brought back to Council to be made consistent
with the proposed ordinance.
The City Manager stated consistency is not needed between the two
ordinances, because they address two different issues; suggested
that Council act on the proposed ordinance tonight, including
modifications; further stated if Council wishes to address the
other issue [amendment to Ordinance No. 2843], the matter can be
brought back; however, it [Ordinance No. 2843] has been fine as in
place.
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December 4, 2001
Councilmember Johnson stated the motion should not include action
on another ordinance.
Councilmember Kerr withdrew her amendment to the motion; requested
that Ordinance No. 2843 be placed on the agenda for Council review.
Councilmember Kerr restated the motion: moved approval of the staff
recommendation [find proposed Lease Agreement statutorily exempt
under CEQA guidelines and approve Lease Agreement by introducing
ordinance] with additional language [in the Lease Agreement] that
any additional sites be brought to the Planning Board via Design
Review.
Councilmember Johnson stated the criteria address the community's
concerns; cellular phone service is horrible; the City needs to
move forward; thanked American Tower for working with the
community.
Mayor Appezzato inquired whether the Applicant agreed to having
additional towers reviewed by the Planning Board.
Bill Stephens, American Tower Corporation, responded in the
affirmative; stated that he agreed to the amendment.
Mayor Appezzato stated $1 Million will be generated in revenue for
the City over a 10 -year period.
Councilmember Daysog seconded the motion.
Under discussion, Mayor Appezzato stated that Council received over
two dozen e -mails and telephone messages supporting the project and
only one opposed.
Councilmember DeWitt inquired when other towers would be installed.
Mr. Stephens stated after transitional issues between Alameda Reuse
and Redevelopment Authority and the Master Developer [Alameda Point
Community Partners (APCP)] are resolved, a tower can be discussed
for Alameda Point; Council is approving three sites; another site
was approved unanimously by the School Board last week; after
cellular providers complete engineering, refinements can be made to
provide a complete, comprehensive network.
Councilmember Kerr stated the largest tower in town is Nextel's
tower at Alameda Point; however, right under the tower, there is no
reception; tall towers do not ensure good reception; noted each
tower would have a maximum of four or five carriers.
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December 4, 2001
Councilmember Johnson urged residents having trouble with reception
to contact their carriers; inquired when towers at Alameda Point
could be planned.
The City Manager stated a property management agreement and
Exclusive Negotiation Agreement (ENA) with the Master Developer
[APCP] will be provided to the City Council by the second meeting
in January; after which, American Tower could begin negotiations
with APCP.
On the call for the question, the motion carried by unanimous voice
vote - 5.
ORAL COMMUNICATIONS, NON- AGENDA
(01 -630) Jeff Cambra, Alameda, stated Alameda needs a Medical
Facility on the Island to deal with emergency situations and
natural disasters; in April, there will be a vote on all -or- nothing
hospital funding; a viable alternative to indefinite funding is to
have the City Council develop a competing measure, which would
provide funding from property tax dollars and have an expiration
date; urged Council to protect the medical and financial interests
of the community.
Vice Mayor DeWitt requested the City Manager to contact Mr. Cambra.
(01 -631) Mark Zou, Alameda, urged Councilmembers to provide their
opinion on Falun Gong; submitted a letter to Council.
(01 -632) Tom Pavletic, Alameda, stated that on Tuesday, December
11, 2001, the Local Agency Formation Commission (LAFCO) will hear
an application from Alameda Hospital to form a Health Care District
and impose a parcel tax; recommended that the City Council form a
Citizens Advisory Committee to review the financial situation of
the Hospital, the level of service which is provided, who uses the
services and how different outcomes proposed in the Hospital's
application to LAFCO could be affected by different financial
situations; urged the City Council to ensure people understand the
issues which will be voted upon in April.
Councilmember Kerr requested the LAFCO hearing date be provided to
Council.
(01 -633) Robb Ratto, Park Street Business Association (PSBR),
thanked the City Council for approving the purchase of a Green
Machine [paragraph no. 01 -6251; stated PSBR hired a staff member to
provide maintenance services.
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December 4, 2001
COUNCIL COMMUNICATIONS
(01 -634) Mayor Appezzato stated that he wrote a letter to
President Matt Williams of AC Transit and President Willie Kennedy
of BART regarding enhancing paratransit service to all senior
centers.
(01 -635) Councilmember Kerr announced that the new ferry vessel,
the M.V. Peralta, is now in service.
(01 -636) Councilmember Johnson noted that the City is painting
street posts and crosswalks on Park Street and throughout the City.
ADJOURNMENT
There being no further business, Mayor Appezzato adjourned the
Regular Meeting at 8:43 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 10
December 4, 2001