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2003-09-16 Regular CC 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 Citv 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 1 September 16, 2003 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 -4221; 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 2 September 16, 2003 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 3 September 16, 2003 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 4 September 16, 2003 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 5 September 16, 2003 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 6 September 16, 2003 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 7 September 16, 2003 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 8 September 16, 2003 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 (PSBR), stated PSBR 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; PSBR is working to secure additional funding for the intersection of Buena Regular Meeting Alameda City Council 9 September 16, 2003 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 10 September 16, 2003 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 1 1 September 16, 2003