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2004-09-21 Regular MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING 1U-rlJLJl-iY Gl, GUU4 — — / :.SU -ff m. Mayor Johnson convened the regular meeting at 7:53 p.m. Councilmember Gilmore led the Pledge of Allegiance. ROLL CALL - Present: Councilmembers Daysog, Kerr, Gilmore and Mayor Johnson - 4. Absent: Councilmember Matarrese - 1. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (04 -491) Presentation to the Fourth of July Committee recognizing their efforts for a successful Mayor's Fourth of July Parade. Mayor Johnson recognized the hard work of the committee members and presented certificates to Barbara Price, Del Blaylock, Karl and Jean Brietkopf, Jim Franz [not present], Diana and Art Helwig, Steve Helwig [not present], Diana Lichtenstein [not present], Billie Trujillio, Dom Dicolen, Lisa Rossie, Kendra Williams, Jim and Jean Sweeney, and Kendra Holloway. Barbara Price noted the dedication and hard work of the committee members, and presented the Mayor with a 2004 Fourth of July poster signed by the committee members. (04 -492) Proclamation declaring September 20 -26 as Pollution Prevention Week in Alameda. (04 -493) Proclamation declaring October as Disability Awareness Month. Mayor Johnson read and presented the proclamation to Ed Cooney. CONSENT CALENDAR Mayor Johnson announced that Resolution Supporting Proposition 1 -A [paragraph no. 04 -497] and the Resolution Supporting Proposition 65 [paragraph no. 04 -498] were removed from the Consent Calendar for discussion. Councilmember Gilmore moved approval of the remainder of the Consent Calendar. Regular Meeting Alameda City Council 1 September 21, 2004 Councilmember Kerr 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.] ( *04 -494) Minutes of the Special and Regular City Council Meetings held on September 7, 2004. Approved. ( *04 -495) Recommendation to accept the work of Bluewater Services, Inc. for the demolition of 2310 Lincoln Avenue, No. P.W. 08- 03 -16. Accepted. ( *04 -496) Resolution No. 13764, "Approving Parcel Map No. 8320 (1601, 1751, 1801, 1851 Harbor Bay Parkway and 1750 North Loop Road) ." Adopted. (04 -497) Protection State -wide Resolution No. 13765, "Supporting Proposition 1 -A, of Local Government Revenues, on the November 2, 2004 Ballot." Adopted. Jean Sweeney, Alameda, urged support of Proposition 1 -A. Councilmember Kerr stated the State has been confiscating local property taxes for many years; approximately $4 million per year is taken from the City's budget and given to the State; noted the State has ceased paying for mandated services; the State plans to confiscate 500 of the sales tax while promising backfill from an increase in the amount of property tax the City would be allowed to keep; Proposition 1 -A has aspects that are better than Proposition 65; voters can vote yes on both propositions; Proposition 1 -A would prevail if it passes; stated it would be a crime if Proposition 1 -A did not pass and no one voted for Proposition 65; urged voting for both propositions; stated that Proposition 1 -A puts more teeth into the requirement for the State to backfill with property taxes to compensate for taking additional sales tax; noted support of propositions does not raise taxes and allows the City to keep local revenues. Councilmember Kerr moved adoption of the resolution. Vice Mayor Daysog seconded the motion. Under discussion, Vice Mayor Daysog noted that the State has taken approximately $36.9 million from the City since 1991; stated voters need to support Proposition 1 -A and Proposition 65. Regular Meeting Alameda City Council 2 September 21, 2004 On the call for the question, the motion carried by unanimous voice vote - 4. [Absent: Councilmember Matarrese - 1.] (04 -498) Resolut Local Taxpayers November 2, 2004 ion No. 13766, "Supporting Proposition and Public Safety Protection Act (LOCAL), State -wide Ballot." Adopted. 65, the on the Councilmember Kerr stated the only argument against Proposition 65 was written by the League of California Cities due to the League's promise to support Proposition 1 -A instead of Proposition 65; Proposition 65 will not harm Proposition 1 -A; stated propositions protect local revenues. Councilmember Kerr moved adoption of the resolution. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote - 4. [Absent: Councilmember Matarrese - 1.1 ( *04 -499) Resolution No. 13767, "Amending the Management and Confidential Employees Association (MCEA) Salary Schedule by Establishing Salary Ranges for the Positions of Housing Assistance Manager and Financial Services Supervisor." Adopted. ( *04 -500) Resolution No. 13768, "Amending the International Brotherhood of Electrical Workers (IBEW) Salary Schedule by Establishing a Salary Range for the Position of Street Light Maintenance Technician." Adopted. ( *04 -501) Ratified bills in the amount of $4,486,755.61. REGULAR AGENDA ITEMS (04 -502) Public Hearing to Transportation Technical Team's installation of a red curb for Clara Avenue and Morton Street. consider an Appeal of the (TTT) decision to approve the the eastbound bus stop on Santa The Public Works Director provided a brief history on TTT's decision. Vice Mayor Daysog inquired whether spending $5,000 would provide better safety at the bus stop, to which the Public Works Director responded in the negative. Vice Mayor Daysog inquired about pedestrian safety at the southwest corner of the Morton Street and Santa Clara Avenue bus stop. The Public Works Director responded that if the bus stop was at the Regular Meeting Alameda City Council 3 September 21, 2004 southwest corner [the near side], pedestrians could be blocked by a bus when a vehicle is traveling eastbound; by moving the bus stop to the far side, the vehicle would cross behind the bus. Vice Mayor Daysog stated there are bus stops at southwest corners throughout the City. The Public Works Director stated there is a mixture of far and near side bus stops throughout the City; the TTT keeps bus stops on the near side when there is no cost effectiveness tradeoff. Councilmember Gilmore inquired whether all things are equal when the $5,000 is taken out of the equation. The Public Works Director responded that moving the bus stop to the far side is safer for pedestrians. Mayor Johnson opened the public portion of the hearing. Proponents (in favor of appeal) : Eleanor Wiley, Alameda; Paul Warner, Alameda; and Cathy Rodriguez, Alameda. Neutral: Susan Decker, Alameda. There being no further speakers, Mayor Johnson closed the public portion of the hearing. Vice Mayor Daysog inquired whether there are any bus stop platforms in the City, to which the Public Works Director responded there are none currently, but there would be platforms on Webster Street. Mayor Johnson inquired whether the previous bus stop location length was 65 feet. The Public Works Director responded the length is 65 feet when the 25 -foot driveway is included; the length from the curb to the first driveway is approximately 50 to 60 feet. Councilmember Gilmore inquired whether two driveways at the current location make up the required 65 feet, to which the Public Works Director responded in the affirmative. Councilmember Gilmore inquired whether staff reviewed the complications that occur when bus stops are directly across the street from each other. The Public Works Director responded the street is wide; there is 12 feet in each direction for each vehicle to adequately pass the Regular Meeting Alameda City Council 4 September 21, 2004 buses. Councilmember Kerr stated the sidewalk that runs along Morton Street is 8 feet 8 inches from the corner; the first 20 feet of the red zone is already paved; the new buses are 24 feet from the front to the rear of the middle door; the new bus stop location could be ADA accessible at the old stop without removing the tree; provided pictures to the Council; stated that she has no objections to moving the eastbound stop back to the original location as long as street tree is not removed; she suspects the $5,000 estimate included removal of the tree. The Public Works Director stated that the $5,000 cost did not include tree removal; that extensive pruning would be required. Councilmember Kerr stated a bus could pass under the tree without any extensive damage to the tree. The Public Works Director stated the bus angled to avoid the tree in the past; tree removal is not proposed, only pruning. Mayor Johnson stated that she appreciates the Public Works Department having 950 of the ADA accessible bus stops in place; AC Transit's standards are the far side of the intersection; consideration should be given to not placing bus stops in front of homes; she does not have a problem with moving the bus stop back to the original location and implementing improvements to accommodate the low floor bus. Vice Mayor Daysog stated that he also appreciates the work of the Public Works Director and public transit advocates in providing accessible and safe bus stops; many bus stops going in the eastward direction are currently at the southeast intersection; the City needs to ensure that bus stop locations are at the safest part of the street; that he supports moving the bus stop to the southeast corner of Morton Street and Santa Clara Avenue; the City has an opportunity to have platforms accommodating low floor buses; suggested the cost should be split between the resident and the City with a $2500 cap. Councilmember Kerr stated shrub removal and pavement at the old bus stop location would provide a concrete area for both the front and middle doors; requested street tree pruning be limited to the legal requirement for trees over streets. Councilmember Kerr moved approval of the appeal rescinding the Transportation Technical Team's decision of October 13, 2003 and June 9, 2004 [to install a red curb for the eastbound bus stop at Regular Meeting Alameda City Council 5 September 21, 2004 Santa Clara Avenue and Morton Street], relocating the bus stop to the original location, moderately pruning the tree at the original site, accepting up to $3,000 of neighborhood contributions, and including the City pay any additional costs for platforms. Under discussion, Mayor Johnson requested the motion include having Public Works to consider not locating bus stops in front of houses in the future. Councilmember Kerr stated there are times when side yards are not as wide as front yards; a side yard bedroom may be closer to a bus stop; suggested the matter be addressed at another time. Mayor Johnson stated the matter could be discussed further at a later date but is an important issue to consider; there is continued communication regarding a bus stop at Grand Avenue and Buena Vista Avenue. Councilmember Kerr stated she would like to further review the Grand Avenue and Buena Vista Avenue bus stop; the appeal matter should be resolved at this time. Vice Mayor Daysog stated he appreciates the gesture by the residents to fund the project; the residents have paid for sewer improvements in the past; sharing the cost would set a consistent policy for the future. Councilmember Kerr stated sewer costs are a separate issue. On the call for the question, the motion carried by unanimous voice vote - 4. [Absent: Councilmember Matarrese - l.] Councilmember Kerr requested that staff investigate the large hump at the Bridgeside Shopping Center bus stop sidewalk. ORAL COMMUNICATIONS, NON- AGENDA (04 -503) Rob Schmidt, Alameda, stated Bay Farm Island is treated as a sister city of Alameda; he has Alameda Power and Telecom (AP &T) cable and internet installation concerns; Main Island installation was done a year ago; AP &T offers comparable services at a significant discount; the City should finish the cable and internet infrastructure; stated Council needs to pay attention to Bay Farm Island. Mayor Johnson stated AP &T established a phased cable installation schedule; Council voted to spend additional money to proceed with project at Harbor Bay. Regular Meeting Alameda City Council 6 September 21, 2004 Vice Mayor Daysog requested a background report on the $7 million construction progress. (04 -504) Michael Leahy, Alameda City Employees Association (ACEA), stated ACEA members are employees the City selected to provide the majority of direct services to the citizens and City departments 24 hours per day, 365 days per year; members receive wages, a standard holiday and vacation plan, and until this year, the Kaiser minimum for their families; ACEA members are the lowest paid of all Bay Area communities. (04 -505) Terry Flippo, ACEA, stated that he appreciates the Council's efforts and service to Alameda citizens; requested Council to work with ACEA on contract settlement; stated open enrollment medical benefit decisions are difficult without a contract. (04 -506) Marion Miller, ACEA President, stated ACEA has been without a contract for over a year; members have not had a raise for almost two years; employees have been patient and continue to serve the citizens. Councilmember Kerr stated that ACEA was the only employee bargaining unit to gather signatures for Proposition 65. (04 -507) Alan Elnick, ACEA, stated there is unfinished ACEA business; ACEA members have been patient and continue to work with City representatives; ACEA offers made to the City have been unsuccessful; authorization was given to call a strike six months ago; patience has worn thin. (04 -508) Richard Neveln, Alameda, stated having a two -level theatre parking garage would be unfortunate; suggested the Council consider a four -floor parking garage; inquired into the status of the bus shelters. The Public Works Director noted six shelters are proposed in a pilot program; a funding agreement has gone to Alamedans Responsible for Transit Shelters (ARTS) along with a letter identifying donation procedures; bus shelters should be ordered by the end of the month; bus shelters are on schedule to be in place by the end of the year; ARTS has a contractor who has agreed to install the shelters. Mayor Johnson thanked ARTS for their efforts in raising money to install the shelters. Regular Meeting Alameda City Council 7 September 21, 2004 (04 -509) Robert Todd, Alameda, stated that he feels the School Board Trustees have violated the trust of the teachers and the public regarding Superintendent Dr. Nashino's raise; trust was violated by not making the issue known until after the ballot was set; further stated ROMA and Cybertrans' presentation of for the former Base plans lack total utilization of Base and the surrounding community; that he has concerns with the community moving back to the dark ages; Council needs to take an interest in the School and Hospital Boards. Mayor Johnson stated the School Board is an elected Board; there are five people running for three Board seats. Councilmember Kerr stated the voters decided that the City Council should not be running the schools in the 1960's. (04 -510) Lorraine Lilly, Harbor Island Tenant Association, thanked Councilmember Kerr for meeting with the Harbor Island Tenant Association elected members; stated 15 Management Group has become increasingly hostile to the tenants and have not responded to tenant concerns; thanked Council, City Manager and City Attorney offices for continued support. COUNCIL COMMUNICATIONS (04 -511) Consideration of Mayor's nominations to the Housing Commission. Mayor Johnson nominated Arthur Kurrasch to the Housing Commission and stated the remaining appointment would be continued to a later date. (04 -512) Consideration of Mayor's nomination to the Transportation Commission. Mayor Johnson nominated Jeff Knoth to the Transportation Commission. (04 -513) Vice Mayor Daysog requested Council deliberation on John Frankel's request for compensation due to City staff misguiding work performed on his house; stated staff does not agree with Mr. Frankel's allegations; Council needs to review Mr. Frankel's case and discuss development of a policy. (04 -514) Vice Mayor Daysog requested the work /live issue be issued at the next Council meeting. (04 -515) Vice Mayor Daysog requested a detailed memo on: 1) how Regular Meeting Alameda City Council 8 September 21, 2004 the City's benefit system works, 2) the growth of the benefits over the years, and 3) how the CalPERS fresh start process works; stated that he wants to ensure that Alameda does not fall into San Diego's financial situation. The City Manager requested copies of the referenced San Diego articles. (04 -516) Councilmember Kerr stated that undergrounding utilities are not free; there is a homeowner's undergrounding assessment applied. (04 -517) Councilmember Kerr urged the community to vote for Proposition 1 -A and Proposition 65. (04 -518) Mayor Johnson requested Council policies be organized in order to be researched. (04 -519) Mayor Johnson stated that Ron Cowan Parkway has been open for a couple of months; requested staff to review ways to encourage motorists to use the 98th Avenue exit from the 880 Freeway and use the street. The City Manager stated that signage could be provided within the requested from Caltrans. Mayor Johnson stated that alternative route awareness could alleviate High Street congestion; slower traffic signal timing during commute hours could also help. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Regular Meeting at 9:35 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 9 September 21, 2004