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2003-05-20 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - MAY 20, 2003 - - 7:30 P.M. Mayor Johnson convened the Regular Meeting at 7:40 p.m. ROLL CALL - Present: Councilmembers Daysog, DeWitt, Kerr and Mayor Johnson - 4. Absent: Councilmember Matarrese - 1. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (03 -218) Proclamation declaring June 21 and 22, 2003 as Relay for Life Days in Alameda. Mayor Johnson read the proclamation and presented it to Mary Andrade, Volunteer Co -Chair for Relay for Life. (03 -219) Proclamation declaring June 9, 2003 as Firefighter "Fill the Boot" Day for Muscular Dystrophy. Mayor Johnson read the proclamation and presented it to Julie Jenkins, Muscular Dystrophy Association. (03 -220) Presentation of the League of California Cities "Cloudy Skies over California Cities" video. The video prepared by the League of California Cities was played. Councilmember Kerr submitted a handout to Council; stated that she was in Sacramento last week for discussions on the [State] budget crisis; the Governor is proposing to borrow $17 billion, which would only provide enough revenues to cover expenditures for FY 2003 -04; one proposal is to take money from redevelopment areas; in the beginning, $600,000 would be shifted from each redevelopment agency; the amount would increase to an average of $2.5 Million for each agency; a $350,000 loss in redevelopment money causes the City to lose the ability to issue $5 Million in redevelopment bonds; the loss is multiplied many times for each dollar lost; the State legislature is not connected to local government; the State is not budgeting; announced that the City would hold a budget workshop on May 29. Mayor Johnson stated the State's situation is extremely serious; one legislative aide informed her that if the State laid off every employee and closed every prison, the budget would still not be Regular Meeting 1 Alameda City Council May 20, 2003 balanced; the City will be impacted. Councilmember Kerr stated when local money goes to Sacramento, money is lost in the bureaucratic overhead and funds are redistributed Statewide according to deals legislators make with each other; leaving money in local communities is more efficient. CONSENT CALENDAR Mayor Johnson announced the recommendation to accept the Report on Residential Phase 1 Demolition Improvements [paragraph no. 03 -228] was removed from the Consent Calendar for discussion. Councilmember Daysog moved approval of the remainder of the Consent Calendar. Councilmember DeWitt 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.] ( *03 -221) Minutes of the Special and Regular City Council Meetings held on May 6, 2003. Approved. ( *03 -222) Recommendation to accept the work of Kvichak Marine Industries, Inc., for Express II Conversion Project and appropriate $25,000 in additional Transportation Improvement Funds, No. P.W. 08- 01 -22. Accepted. ( *03 -223) Recommendation to accept the work of Mike Brown Electric Company for Traffic Signal Improvements at Central Avenue/ Main Street /Pacific Avenue and Webster Street /Atlantic Avenue Project and approve allocation of additional funds, No. P.W. 07- 01 -21. Accepted. ( *03 -224) Recommendation to award Contract in the amount of $545,200 to Consolidated CM, Inc. for Construction Management Services for the New Main Library, No. P.W. 01- 03 -01. Accepted. ( *03 -225) Recommendation to authorize installation of Stop Controls on the minor approach of Court Street at Lincoln Avenue and Fountain Street at Lincoln Avenue to establish vehicular right -of -way. Accepted. ( *03 -226) Recommendation to amend the July 3, 2002, Franchise Agreement between the City of Alameda and Alameda County Industries AR, Inc. for Solid Waste, Recyclable Materials, and Organic Materials Services. Accepted. Regular Meeting 2 Alameda City Council May 20, 2003 ( *03 -227) Recommendation to approve Letter of Participation Agreement between the City of Alameda, the Alameda County Waste Management Authority and Resources for Community Development in the Green Building Design Assistance Program. Accepted. (03- 228) Recommendation to accept Report on Residential Phase 1 Demolition Improvements and authorize the City Manager to enter into a Subdivision Improvement Agreement with Catellus Development Corporation ( "Developer ") for Tract 7387; and (03 -228A) Resolution No 13584, "Approving Final Map and Accepting Certain Dedications and Offers of Dedication and Easement Vacations for Tract 7387." Adopted. Vice Mayor Daysog stated that when Council [acting as the Community Improvement Commission] addressed the Catellus project on March 18, 2003, he and other Councilmembers raised concerns about finding ways to compensate for the cost of municipal services; compared municipal service costs to property tax revenues; stated the discussion of covering the costs municipal services should have been addressed tonight before the project moved forward; although the matter will return to Council for deliberation, he will not support the recommendation tonight; noted that he has championed the Catellus project and is not voting against Catellus; stated Council should address the costs of municipal services before construction begins. Councilmember DeWitt moved adoption of the Resolution. Councilmember Kerr seconded the motion. Under discussion, Councilmember Kerr inquired when the first residential subdivision would be conveyed to Catellus. The Base Reuse and Redevelopment Division Redevelopment Manager stated staff has targeted the June 30, 2003 deadline; the actions before Council tonight are required in order to convey the property. Councilmember Kerr collected, to which Mayor Johnson statE project; one way to tax rolls; inquired deadline. inquired whether taxes would start to be the City Manager responded in the affirmative. d the City has put a lot of money into the start getting a return is through the property whether June 30 is being used as a target or The Redevelopment Manager stated the date will be used the deadline mandated by Council. Regular Meeting 3 Alameda City Council May 20, 2003 Vice Mayor Daysog stated the motion [at the March 18, 2003 Community Improvement Commission meeting] directed that a strategy be developed for dealing with the cost of municipal services; inquired when said matter would be addressed. The City Manager stated staff intends to have a workshop with the Council; a number of funding sources have been identified; estimates, such as the Police Department's estimate that there will be a 20 increase in services calls, will be used to build a cost context. The Redevelopment Manager stated the workshop would be scheduled for the end of June or early July; the Subdivision Improvement Agreement includes the intent to form the municipal services district within four months from the recordation of the final map. Vice Mayor Daysog stated that his mantra has been that the base must pay for itself; although he supports the project and wants the City to start collecting property taxes, the strategy for dealing with municipal service costs should be resolved first. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers DeWitt, Kerr and Mayor Johnson - 3. Noes: Councilmember Daysog - 1. Absent: Councilmember Matarrese - 1. ( *03 -229) Resolution No 13585, "Waiving Parcel Map Requirement for Alameda Point Collaborative Leasehold Interests." Adopted. ( *03 -230) Resolution No. 13586, "Intention to Levy an Annual Assessment on the Alameda Business Improvement Area of the City of Alameda for FY 2003 -04 and to Set a Public Hearing for June 3, 2003." Adopted. ( *03 -231) Resolution No 13587, "Implementing Provisions of Article 7 of that Certain Agreement Between the City of Alameda and Alameda County Industries AR, Inc. for Solid Waste, Recyclable Materials and Organic Materials Services Entered Into as of July 3, 2002 and Rebating a Portion of the Infrastructure Impacts Mitigation Fee for the 2003 -04 Fiscal Year." Adopted. ( *03 -232) Resolution No. 13588, "Authorizing the City Manager to Submit a Grant Application for the Fiscal Year 2003 -04, Cycle 9 Used Oil Recycling Block Grant Funds to the California Integrated Waste Management Board and Execute all Necessary Applications, Contracts, Payment Requests, Agreements and Amendments." Adopted. ( *03 -233) Resolution No 13589, "Authorizing the City Manager to Apply for Regional Measure 1 Bridge Toll Funds, Including Five Percent Unrestricted State Funds and Two Percent Bridge Toll Regular Meeting 4 Alameda City Council May 20, 2003 Revenue Funds for Operating Subsidy and Capital Projects for City of Alameda Ferry Services and to Enter Into All Agreements Necessary to Secure These Funds for FY 2003 -04." Adopted. ( *03 -234) Ratified Bills in the amount of $1,636,707.81. REGULAR AGENDA ITEMS (03 -235) Resolution No. 13590, "Appointing Patrick Lynch as a Member of the City Planning Board." Adopted. Councilmember DeWitt moved adoption of the Resolution. Vice Mayor Daysog seconded the motion, which carried by unanimous voice vote - 4. [Absent: Councilmember Matarrese - 1.1 The City Clerk administered the Oath and presented Mr. Lynch with a Certificate of Appointment. (03 -236) Recommendation to approve final schematic design for new Main Library project. Casey Jurgins, Thomas Hacker & Associates, gave a presentation on the final design. Mayor Johnson recognized the Library Building Team, Library Board and members of the Friends of the Library for their hard work. Councilmember DeWitt moved approval of the final schematic design for the new Library project. Vice Mayor Daysog seconded the motion. Under discussion, Vice Mayor Daysog stated the design looks great. Mayor Johnson stated really good design changes have been made. On the call for the question, the motion carried by unanimous voice vote - 4. [Absent: Councilmember Matarrese - 1.] (03 -237) Public Hearing to consider adoption of the Alameda Point General Plan Amendment and certification of the Final Environmental Impact Report pursuant to the Environmental Quality Act; (03 -237A) Resolution No. 13591, "Making Findings Concerning Mitigation Measures, Making Findings Concerning Alternatives, Adopting a Mitigated Monitoring and Reporting Program, Adopting a Statement of Overriding Considerations in Accordance with the California Environmental Quality Act and Certifying the Final Environmental Impact Report for the Alameda Point General Plan Regular Meeting 5 Alameda City Council May 20, 2003 Amendment (State Clearinghouse #2001012057)." Adopted; and (03 -237B) Resolution No. 13592, "Adopting the General Plan Amendment (GPA- 01 -01) for Alameda Point." Adopted. The Planning and Building Director provided a brief report. Vice Mayor Daysog stated the Environmental Impact Report (EIR) refers to 430,000 square feet of industrial warehousing; inquired whether Council's policy to preclude cargo containers could be included. The Planning and Building Director responded the Master Plan would address establishing standards for outdoor storage; stated the General Plan Amendment notes general land use categories and not specific uses; specific uses, such as precluding the storage of cargo containers, would be identified during the Master Plan process. Mayor Johnson stated Council gave clear direction to preclude cargo containers; the Master Plan process should address the issue of industrial warehousing separately from cargo container storage. Councilmember Kerr inquired when the condition of a second crossing would be discussed. The Planning and Building Director responded the second crossing, or alternative transportation solution, is a very important part of the process; stated the General Plan Amendment premise is that there needs to be an alternative transportation solution in conjunction with full implementation of the reuse plan; the EIR includes an analysis of the alternatives and evaluates the kind of development that would occur. Councilmember Kerr stated the report points out that traffic problems are significant and unavoidable; at some point, Alameda will need a second crossing. Councilmember DeWitt stated that Council is reviewing the General Plan Amendment EIR; inquired whether Council would be reviewing the General Plan once housing and projects are decided upon, to which the Planning and Building Director responded in the affirmative. Councilmember DeWitt stated a large portion of the area will be a Golf Course and Wildlife Refuge; there will be more opportunities to discuss the issues and environmental impacts. Vice Mayor Daysog stated the transit report table states morning northbound Posey Tube capacity is at 58% currently; adding pipeline projects increases the capacity to 75 -800; inquired which Regular Meeting 6 Alameda City Council May 20, 2003 percentage was used. The Planning and Building Director responded the table quantifies existing traffic levels and anticipated traffic levels 20 years from now both with and without the proposed General Plan Amendment; stated the table reflects the results of an island wide cumulative impact analysis. Vice Mayor Daysog stated the Traffic Capacity Management Plan (TCMP) calculated the traffic impacts of pipeline projects; the TCMP calculated the traffic capacity at 75 -80o by 2005; inquired what is the correct threshold to evaluate environmental impacts. The Public Works Director responded the TCMP is updated every year; stated the TCMP includes projects that have been approved by Council or the Planning Board; the "baseline" in the EIR analysis includes proposed and existing traffic volumes; 750 of tube capacity, or Level "C ", is acceptable by City of Alameda standards; the capacity of the Posey /Webster Tube will be exceeded in the year 2020 with or without the General Plan Amendment. Mayor Johnson stated a very extensive community process would take place as the Master Plan is developed for Alameda Point; everyone is welcome to participate in the process. Mayor Johnson opened the Public Hearing. Proponents: Jean Sweeney, Alameda; Peter Wang, Alameda; Jim Sweeney, Alameda; Robb Ratto. Opponents: Grace Wong, Alameda; Gar -Yin Lee, Asian Health Services (submitted photographs); Sherry Hirota, Asian Health Services; Sheryl Cho, Alameda; Colland Jang, Oakland Chinatown Chamber of Commerce; Jennie Ong, Oakland Chinatown Chamber of Commerce (submitted letters); Julie Liou, Asian Health Services; Chan To Kix, Gee How Oak Tin Family Association (via interpreter); Arnold Fong, Alameda; Lena Tam, Alameda. Neutral: Raymond Chan, Oakland; Leslie Gould, City of Oakland (submitted letter); Carl Chan, Oakland Chinatown Chamber of Commerce (submitted letters); Wai Fong, Family Bridges; David Ragland, U.C. Berkeley Traffic Study Center; Hinh Nguyen, Alameda; Dawn Passar (submitted petition); Taylor Chow, Oriental Food Association and Alameda resident; Rob Worley, Alameda. There being no further speakers, Mayor Johnson closed the public portion of the Hearing. Vice Mayor Daysog thanked Alameda and Oakland residents for speaking on the issue; stated there is a lot of double parking in Regular Meeting 7 Alameda City Council May 20, 2003 Chinatown; social relationships structured the location of Chinatown; there are a limited number of ingresses and egresses in Alameda; Alameda and Oakland traffic concerns are similar; Alameda should formalize a way for Oakland and Alameda to address all issues; the City of Oakland should be Alamedas partner in finding ways across the estuary; requested staff to recommend a way to formalize the partnership, particularly in dealing with the traffic issues, and to include Chinatown representatives; stated the Transportation Commission mentioned the need for better bicycle access or routes in Oakland near the Fruitvale area; clear and consistent measures for mitigation come out of formal dialogue. Vice Mayor Daysog moved approval of the staff recommendation [Adoption of Resolution No. 135911, with the addition as direction to staff to formalize the relationship with Oakland and to reaffirm Council's policy on precluding warehousing of containers. Councilmember Kerr thanked everyone who attended the meeting; stated that she hopes Alameda can work with Oakland; Oakland could ease the traffic problems in Chinatown by timing the lights on Fifth Street eastbound into the tube; there is already a Level of Service "F" [fail] (LOSF) during commute hours; there is a long light on Broadway and Seventh Street with minimal cross traffic; Chinatown is not very concerned about the traffic impacts of proposed development projects in Oakland; AB436 relieved Oakland of the EIR requirement for three projects in downtown Oakland last year; Alameda is being held to a much higher standard; that she hopes that an effective partnership is created; southbound Webster Street is already at LOSF because of double and triple parking; Oakland could regulate the times deliveries can be made to keep trucks from blocking lanes during commute hours; Webster Street is part of State Highway 61 and is meant to transport traffic between cities; mutual aid for both cities depends on the Webster /Posey tube; the Navy base closed ten years ago; the Navy left in 1997; that she is in favor of moving forward; the City needs base redevelopment for its economic survival; that she supports solving traffic problems before Phase II. Councilmember DeWitt thanked Leslie Gould for attending the meeting; stated the EIR recognizes there is a traffic problem in the City; development will stop when traffic reaches a certain limit; that he wants Alameda and Oakland to continue to work together. Vice Mayor Daysog stated Councilmember Kerr itemized a range of issues that need to be addressed; staff should institutionalize a formal mechanism for discussions with Oakland; that he wants Alameda and Oakland to be a safe place for residents, especially elderly residents; noted that he made a motion to move forward, including direction to staff to work with Oakland staff to devise Regular Meeting 8 Alameda City Council May 20, 2003 an on -going mechanism for discussions and to reaffirm Council's policy prohibiting warehousing of container cargos. Mayor Johnson stated staff is working on an agreement; that she anticipates the issue will go before each City Council on June 17. Vice Mayor Daysog stated Chinatown citizens would like to be involved. Councilmember Kerr inquired whether Vice Mayor Daysog would agree to amend the motion to allow Council to give direction to staff without including the direction in the approval of the General Plan Amendment. Vice Mayor Daysog agreed to amend the motion accordingly. Mayor Johnson stated staff is in the process of working on the agreement. Councilmember Kerr seconded the motion. Under discussion, Mayor Johnson stated that she met with Chinatown leaders; Alameda is committed to working with Chinatown to resolve the [traffic] issues; important issues need to be addressed with the City of Oakland, including Webster Street traffic; development projects in Oakland have more impact on Chinatown; everyone is welcome to participate in the community process. On the call for the question, the motion carried by unanimous voice vote -4. [Absent: Councilmember Matarrese - 1.1 Councilmember Kerr moved adoption of Resolution [Adopting the General Plan Amendment (GPA- 01 -01) for Alameda Point]. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 4. [Absent: Councilmember Matarrese - 1.] (03 -238) Ordinance No. 2900, "Authorizing Amendment to Contract Between the Board of Administration of the California Public Employees' Retirement System and the City Council of the City of Alameda." Finally Passed. Councilmember DeWitt moved final passage of the Ordinance. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 4. [Absent: Councilmember Matarrese - 1.] ORAL COMMUNICATIONS, NON- AGENDA (03 -239) Peter Wang, Encinal Terminals, urged Council to revoke Regular Meeting 9 Alameda City Council May 20, 2003 the vote on the recommendation to accept the Report on Residential Phase 1 Demolition Improvements and authorize the City Manager to enter into a Subdivision Improvement Agreement with Catellus Development Corporation [paragraph no. 03 -2281; stated that signing an Agreement with Catellus is a bad decision. Mayor Johnson requested the City Manager speak with Mr. Wang. COUNCIL COMMUNICATIONS (03 -240) Mayor Johnson requested staff to meet with Caltrans to discuss the possibility of the Webster tube staying open until 10:00 or 11:00 p.m. and to expedite work completion. (03 -241) Vice Mayor Daysog encouraged staff to involve the Oakland Chinatown Coalition Forces when formalizing dialogue with the City of Oakland regarding the Alameda Point General Plan Amendment [paragraph no. 03 -2371. ADJOURNMENT There being no further business, Mayor Johnson adjourned the regular meeting at 10:27 p.m. Respectfully Submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting 10 Alameda City Council May 20, 2003