2002-12-03 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY - - DECEMBER 3, 2002 - - 7:30 P.M.
Acting Mayor DeWitt convened the meeting at 7:49 p.m.
Councilmember Kerr led the Pledge of Allegiance.
ROLL CALL - Present: Councilmember Daysog, Johnson, Kerr and
Acting Mayor DeWitt - 4.
Absent: None.
AGENDA CHANGES
(02 -543) Acting Mayor DeWitt announced that the Presentation by
the Library Board on the State Library Grant [paragraph no. 02 -5441
would be heard first.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(02 -545) Presentation by Alameda County on the Fruitvale Bridge
Lifeline Project.
Bob Schamber, Imbsen & Associates, gave a presentation on the
upcoming seismic retrofit project to upgrade the Miller
Sweeney / Fruitvale Bridge roadway access in the event of an
earthquake.
Councilmember Johnson inquired whether there would be scheduled
marine openings, to which Mr. Schamber responded there will be
predetermined openings scheduled by the Coast Guard.
Acing Mayor DeWitt inquired why the vertical lift would be
retrofitted, to which Mr. Schamber responded the lift is currently.
(02 -544) Presentation by the Library Board on the State Library
Grant.
The President of the Library Board announced that the City was
awarded the State Grant.
The President of the Library Board recognized Lois Hanna, Terri
Brohard, and Chuck Corica for their support of the new Main
Library.
Wilma Chan, Honora Murphy, Marilyn Ashcraft, and Frank Matarrese
congratulated everyone involved in support of the new Main Library.
CONSENT CALENDAR
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Alameda City Council 1
December 3, 2002
Acting Mayor DeWitt announced that the recommendation to authorize
the City Manager to execute an extension of Blue and Gold Fleet's
Operating Agreement for Alameda /Oakland Ferry Service [paragraph
no. 02 -548], and the Resolution Approving Revised Memorandum of
Understanding and Salary Resolution Between the Alameda Management
and Confidential Employees Association and the City of Alameda
[paragraph no. 02 -554] were removed from the Consent Calendar for
discussion.
Councilmember Kerr moved approval of the remainder of the Consent
Calendar.
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote - 4.
[Items so enacted or adopted are indicated by an asterisk preceding
the paragraph number.]
( *02 -546) Minutes of the Special and Regular City Council Meetings
held on November 19, 2002. Approved.
( *02 -547) Recommendation to accept Quarterly Financial Report for
period ending September 30, 2002 and approving the supplemental
appropriations. Accepted.
(02 -548) Recommendation to authorize the City Manager to execute
an extension of Blue and Gold Fleet's Operating Agreement for
Alameda /Oakland Ferry Service, eliminate winter weekend service,
and allocate funds.
Councilmember Daysog stated that he has concerns about a cost
sharing Agreement; suggested Council continue with a fixed cost
Agreement and provide Blue and Gold Fleet with Measure B transit
subsidies to support operating costs in 2003 -2004; recommended
initiating a Request for Proposal (RFP) process to select a new
vendor.
The Deputy Public Works Director stated the Contract with Blue &
Gold Fleet expires on January 31, 2003; Blue and Gold Fleet is not
interested in continuing a fixed subsidy Contract; Blue and Gold
Fleet requested the City to modify the subsidy to reflect
extraordinary costs; outreach to potential operators indicated
several constraints involved in proposing an RFP: 1) several City
supplied ferry vessels will be out of operation until late 2003 for
servicing, 2) Public Utilities Commission Certification, 3) change
in unions, 4) access to Fisherman's Wharf, and 5) a maintenance
facility location.
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Alameda City Council 2
December 3, 2002
Councilmember Daysog inquired whether subsidies could not continue
to be provided while an RPF process is initiated.
The Deputy Public Works Director responded the proposed Agreement
is a hybrid of a fixed subsidy and cost plus Agreement.
Councilmember Daysog stated subsidies were provided to Blue and
Gold Fleet for extraordinary fuel costs in the past.
Acting Mayor DeWitt inquired whether the new one -year Contract
allows for an RFP.
The Deputy Public Works Director responded an RFP will be presented
to Council in late January or early February.
Councilmember Kerr stated that she supports continuing the
Agreement for only one year; submitted tables showing ferry
operating costs are lower than most public transit systems in the
Bay Area; stated the City should examine how public subsidies are
distributed to the ferries.
Councilmember Johnson inquired whether Blue and Gold Fleet would
continue to operate under the current fixed subsidy Agreement, to
which the Deputy Public Works Director responded in the negative.
Councilmember Johnson inquired whether the City could force Blue
and Gold Fleet into an extension of the current Contract, to which
the Deputy Public Works Director responded in the negative, further
stating the current PUC Certificate terminates on January 31St if no
Agreement is reached.
Councilmember Johnson inquired whether the proposed Agreement
includes the best negotiated terms for the City and riders, to
which the Deputy Public Works Director responded in the
affirmative.
Councilmember Kerr moved approval of the staff recommendation.
Councilmember Johnson seconded the motion.
Under discussion, Acting Mayor DeWitt stated that he is in favor of
extending the Agreement with Blue and Gold Fleet for one year and
to initiate a new RFP process to select a new vendor during that
year.
On the call for the question, the motion carried by the following
voice vote: Ayes: Councilmembers Kerr, Johnson and Acting Mayor
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December 3, 2002
DeWitt - 3. Noes: Councilmember Daysog - 1.
( *02 -550) Recommendation to adopt Plans and Specifications and
authorize Call for Bids for Eighth Street Corridor Improvements
Project, No. P.W. 05- 02 -06. Accepted.
( *02 -551) Recommendation to accept the work of D'Arcy and Harty
Construction, Inc. for Replacement of Sanitary Sewer at Fairview
Avenue, No. P.W. 05- 01 -14. Accepted.
( *02 -552) Recommendation to renew existing Contract and increase
Contract amount to $257,000 to Trugreen Landcare for Pruning Trees
within the City of Alameda for the Fiscal Year Ending June 30,
2003, No. P.W. 03- 01 -06. Accepted.
( *02 -553) Recommendation to authorize installation of all -way stop
controls at Buena Vista Avenue and Pearl Street. Accepted.
(02 -554) Resolution No. 13543 "Approving Revised Memorandum of
Understanding and Salary Resolution Between the Alameda Management
and Confidential Employees Association and the City of Alameda for
the Period Commencing September 9, 2002 and Ending December 31,
2004." Adopted.
Councilmember Daysog requested the City Manager to address how
local government might be affected by the $21 billion deficit in
the State budget.
The City Manager stated the City of Alameda has: 1) built general
fund reserves, 2) asked for general fund departments to make cuts,
3) implemented a selective hiring freeze, and 4) negotiated with
bargaining units to preserve service levels.
Councilmember Daysog stated Council supports rewarding quality
staff with deserved wages and benefits.
Councilmember Daysog moved adoption of the resolution.
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote - 4.
( *02 -555) Ratified bills in the amount of $1,419,525.72.
REGULAR AGENDA ITEMS
(02 -556) Recommendation to appoint Mary Rudge as Alameda's First
Poet Laureate.
The Recreation and Parks Director introduced Mary Rudge, Alameda's
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December 3, 2002
First Poet Laureate; invited Council to attend a special reception
on Thursday, December 12, at the O'Club where Mary will be awarded
with a proclamation and presentation.
Ms. Rudge thanked Council for recognizing poetry in the City of
Alameda; introduced Dr. Kenneth Fan, President, World Congress of
Cultures.
Dr. Fan thanked Council for appointing Mary Rudge as Alameda's
First Poet Laureate.
Councilmember Kerr moved approval of the staff recommendation.
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 4.
(02 -557) Resolution No 13544, "Declaring Canvass of Returns and
Results of the Consolidated General Municipal Election Held on
Tuesday, November 5, 2002." Adopted.
Acting Mayor DeWitt requested that the City Attorney define Measure
D and E.
The City Attorney stated that Measure E amends the City of Alameda
General Plan and Zoning for the 22 acres known as the Beltline
Railroad Property from Medium Density Residential General Industry
and Parks and Open Space to Parks and Public Open Space; Measure D
delays the implementation of Measure E under certain circumstances:
1) a lawsuit be filed by March 1, 2003 to obtain a judicial
determination about whether the enforcement of Measure E will
require the City of Alameda to compensate the owner of the property
for the value of the property; Measure E is delayed pending a final
judgment in that lawsuit, 2) if the court determines that no
compensation is due to the owner, then Measure E goes into effect
after the final judgment, 3) if the Court determines that the owner
is compensated, Measure E would not go into effect until there is a
vote by the people either at a General Election or Special Election
which is called by Council in favor of newer, increased taxes, fees
or assessments to compensate the owner for the value of the
property and to provide the funds to improve and maintain the
property after it is acquired by the City, and 4) if the voters
fail to vote in favor of providing such funding, Measure E does not
go into effect.
Councilmember Kerr moved adoption of the resolution.
Councilmember Johnson seconded
unanimous voice vote - 4.
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December 3, 2002
the motion, which carried by
(02 -558) Public Hearing to consider an Appeal of the
Transportation Commission's decision to re -route bus lines 51, 51M,
and 35X from San Jose Avenue to Encinal Avenue.
Acting Mayor DeWitt opened the public portion of the Hearing.
Proponents of Appeal:
Tom Enos, Alameda; Bob Schrader, Alameda; Cameron Imani, Alameda;
Jack Scullion, Alameda; Anna Reynolds, Alameda; Christopher
Richard, Alameda; Heidi Jacobson, Alameda; Ronnie Sanders, Alameda;
Joseph Baca, Alameda; Jeff Griffin, Alameda.
Opponents of Appeal:
Olivia Garcia, Alameda; Jacqueline Bruhn, Alameda; Betty Murphy,
Alameda; Genevieve Munsan, Alameda; Len Grzanka, Alameda; Steven
Gerstle, Alameda; Vicky Shields, Alameda; Chuck Millar, Alameda;
Camilla Whyte, Alameda; Jon Spangler, Alameda; William Smith,
Alameda; Roberta Noel, Alameda; Bill Smith, Alameda; Richard
Neveln, Alameda; John Knox White, Transportation Commission.
There being no further speakers, Acting Mayor DeWitt closed the
public portion of the Hearing.
Acting Mayor DeWitt requested that the City Attorney address
homeowner liability when there is no curb wheelchair access at a
bus stop.
The City Attorney noted she could not provide private legal advice;
noted property owners are not responsible for providing wheelchair
access or curb cuts.
Councilmember Johnson requested staff to clarify the number of
busses to be relocated.
The Acting Public Works Director responded 131 busses per day, 600-
700 per week, will be relocated.
Councilmember Kerr stated end -of- the -line busses are likely to have
few riders; that she does not support the elimination of the East
End loop; the bus line on San Jose Avenue serves a wider area;
noted San Jose Avenue is a very narrow street.
Councilmember Johnson stated that she supports the staff
recommendation; requested AC Transit to provide a presentation on
the new European Style buses in the future.
Councilmember Daysog stated the Transportation Commission's
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December 3, 2002
decision is based on safety concerns; the 51 bus is too large for
San Jose Avenue; that he supports the Transportation Commission's
decision.
Councilmember Daysog moved approval of the staff recommendation.
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote - 4.
Acting Mayor DeWitt noted there are 55,000 registered vehicles in
the City; the AC Transit Bus System is inadequate.
Kathleen Kelley, AC Transit Deputy General Manager for Service
Development, stated the new European Style buses are arriving next
June.
Councilmember Daysog inquired whether the European Style busses
address noise concerns, to which Ms. Kelley responded the European
busses are quieter.
(02 -559) Public Hearing to consider a Call for Review of the
Transportation Commission's decision to uphold Transportation
Technical Team decision to approve relocation of bus stops at
Encinal Avenue and Broadway.
Public Speakers addressed the matter under the Public Hearing to
consider an Appeal of the Transportation Commissions decision to
re -route bus lines 51, 51M, and 35X from San Jose Avenue to Encinal
Avenue [paragraph no. 02 -558].
Councilmember Johnson moved approval of the staff recommendation.
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 4.
(02 -560) Recommendation to implement increased Public Notification
Procedures.
Richard Davis, Citizens of Alameda for Responsible Development
(CARD), requested Council to upgrade the policy to include: 1) a
provision for viewing development plan details outside regular
business hours; full plans for class two and class three projects
be made available at the main library from the time the public
notice goes out; 2) notices should include the process and
implications; a boilerplate paragraph should be added at the bottom
of each notice; and 3) the new procedure be mandatory with clear
consequences of non - compliance and adoption into the Alameda
Municipal Code.
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December 3, 2002
The City Attorney stated the Alameda Municipal Code contains
ordinances that address notification requirements; an
Administrative Instruction will be prepared to direct staff.
The Planning and Building Director stated staff implemented the
noticing recommendations provided by CARD.
Councilmember Kerr stated that she supports making the plans
available at the main library; suggested Council move forward with
the staff recommendation.
Councilmember Johnson requested that public notices include the
statement: "plans are available in the main library "; and 2) that
the policy require plans to be made available in the library.
Councilmember Kerr moved approval of the staff recommendation with
Councilmember Johnson's proposed amendments.
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote - 4.
(02 -561) Recommendation to approve finding that the proposed Krusi
Park Site Lease complies with provisions of Alameda Municipal Code
Section 2 -64 (Ordinance No. 2843, N.S.), and concur with the City
Manager's intent to execute the Site Lease Agreement between the
City of Alameda and PacBell /Cingular Wireless for Development and
Operation of Wireless Telecommunication Facilities at Krusi Park.
The Redevelopment Manager gave a brief presentation on the process
of site selection.
Dan Reidy, Cingular Wireless, submitted documents to Council and
urged approval of the staff recommendation.
Camilla Whyte, Alameda, stated the Krusi family gifted the land to
the City expressly for park services.
Kim Beban, Alameda, stated that she has concerns regarding the
harmful effects of cellular telephone transmissions on children.
Bill Smith, Alameda, discussed telecommunications within the City
of Alameda.
Darlene Banda, Alameda, stated that she does not support the
erection of cellular antennae in parks.
Noel Folsom, Alameda, stated that he has concerns regarding the
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December 3, 2002
harmful effects of cellular telephone transmissions on children;
stated parks should not be a danger to children.
Ocean Pasley, Alameda, stated that she has concerns regarding the
harmful effects of cellular telephone transmissions on children.
Councilmember Kerr inquired whether the Aeolian Yacht Club was
considered as an antenna site.
The Redevelopment Manager responded the site was considered;
however, the Aeolian Yacht Club was not pursued because it is not
public property.
Councilmember Daysog stated that he has concerns regarding the
effects of radiation and electromagnetic fields, which were
addressed by an expert at a previous Council Meeting.
Councilmember Kerr stated more information is needed before a
decision can be made.
Councilmember Johnson inquired about alternative sites.
The Redevelopment Manager responded that Towata Park was considered
as an alternative site; Towata Park required an antenna height of
55 -60 feet, which is 10 -15 feet higher than the proposed antenna
for Krusi Park.
Councilmember Johnson inquired whether it is technically possible
to erect a cellular antenna in Towata Park, to which Erik Cookery,
Cingular, responded in the affirmative.
The Redevelopment Manager stated there is a preschool within 54
yards of Towata Park, a school within 150 yards of Krusi Park, and
a middle school within 200 yards of the Aeolian Yacht Club.
Acting Mayor DeWitt stated that he supports the staff
recommendation.
Councilmember Daysog moved approval of the staff recommendation.
Councilmember Johnson seconded the motion, which carried by the
following voice vote: Ayes: Councilmembers Daysog, Johnson and
Acting Mayor DeWitt - 3. Noes: Councilmember Kerr - 1.
ORAL COMMUNICATIONS, NON- AGENDA
(02 -562) Bill Smith, Alameda, discussed the City of Alameda.
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December 3, 2002
(02 -563) Jon Spangler, Alameda, noted Golda Mason is recovering at
Summit Medical Center.
COUNCIL COMMUNICATIONS
(02 -564) Consideration of Acting Mayor's appointments to the
Mayor's Committee on Disability Issues.
Acting Mayor DeWitt appointed Toby C. Berger, Steve R. Fort, and
Liza C. Gabatomorse to the Mayor's Committee on Disability Issues.
(02 -565) Acting Mayor DeWitt invited Council to attend the Alameda
County Mayors monthly meeting on Wednesday December 11, 2002.
(02 -566) Acting Mayor DeWitt invited Council and residents to
attend the Holiday Tree Lighting Ceremony Saturday, December 7th at
5:30 p.m. on the steps of City Hall.
(02 -567) Councilmember Kerr announced that she was reappointed to
the State -wide Policy Committee of the League of California Cities
for 2003.
ADJOURNMENT
There being no further business, Acting Mayor DeWitt adjourned the
Regular Meeting at 11:37 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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December 3, 2002