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2005-06-07 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -JUNE 7, 2005- -7:30 P.M. Mayor Johnson convened the Regular Meeting at 7:45 p.m. Councilmember Matarrese led the Pledge of Allegiance. ROLL CALL - Present: Councilmembers Daysog, deHaan, Gilmore, Matarrese, and Mayor Johnson - 5. Absent: None. AGENDA CHANGES (05 -259) Mayor Johnson announced that she would present the Proclamation expressing appreciation to Pacific Gas & Electric and Alameda Power & Telecom [paragraph no. 05 -260], the Proclamation recognizing contributions to the City by our Gay and Lesbian Citizens [paragraph no.05 -261] and the Resolution Commending Officer Frank Damian [paragraph no. 05 -262] prior to the Consent Calendar. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (05 -260) Proclamation expressing appreciation to Pacific Gas & Electric and Alameda Power & Telecom for the prompt response in relocating a gas line, thereby greatly aiding the City's efforts in the construction of the new Main Library. Mayor Johnson read and presented the proclamation to Susan Yee and Tom Gaurino from Pacific Gas & Electric (PG &E) and Dean Batchelor from Alameda Power & Telecom (AP &T). Susan Yee thanked the Council for the proclamation; stated PG &E's priory has always been to be customer focused and provide the best level of service possible. Tom Gaurino thanked the Council for the recognition. Dean Batchelor stated that AP &T appreciates the proclamation and looks forward to working with departments to ensure the Library project's success. (05 -261) Proclamation recognizing contributions to the City by our Gay and Lesbian Citizens and encouraging the community to recognize these contributions, particularly during the month of June, Gay Pride Month. Mayor Johnson read and presented the proclamation to Debra Arbuckle Regular Meeting Alameda City Council 1 June 7, 2005 from Out on the Island and the Alameda Lesbian Potluck Society. Ms. Arbuckle thanked the Council for the proclamation and for the recognition of the Gay and Lesbian citizens. REGULAR AGENDA ITEM (05 -262) Resolution No. 13846, "Commending Alameda Police Department Officer Frank Damian for His Contributions to the City of Alameda." Adopted. Mayor Johnson read and presented the Resolution to Officer Frank Damian. Officer Damian thanked the Council for the Resolution and stated that it has been an honor to serve with such a great department. The resolution was adopted by consensus - 5. Mayor Johnson called a recess at 7:58 p.m. and reconvened the Regular City Council Meeting at 9:55 p.m. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (05 -263) Update on the new main library project. The Project Manager provided a brief update. Councilmember Matarrese thanked the Project Manager for ensuring that the project is on time and on budget; stated that it would be nice not to have to draw down on the $2 million fund redevelopment bond money that has been earmarked for the project. CONSENT CALENDAR Mayor Johnson announced that the recommendation to accept the City of Alameda Long -Term Park Use Policy [paragraph no. 05 -267] and the recommendations regarding Alameda Ferry Services [paragraph no. 05- 270] were removed from the Consent Calendar for discussion. Vice Mayor Gilmore moved approval of the remainder of the Consent Calendar. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. Regular Meeting Alameda City Council 2 June 7, 2005 [Items so enacted or adopted are noted by an asterisk preceding the paragraph number.] ( *05 -264) Minutes of the Special City Council Meeting held on May 12, 2005; and the Special and Regular City Council Meetings held on May 17, 2005. Approved. ( *05 -265) Ratified bills in the amount of $3,017,578.09. ( *05 -266) Recommendation to authorize the Acting City Manager to execute a temporary Agreement with Alameda County for the exclusive provision of ambulance services by the City of Alameda Fire Department to the City of Alameda. Accepted. (05 -267) Recommendation to accept the City of Alameda Long -Term Park Use Policy. Loretta Ferraro, Alameda, requested that there be a provision in the Alameda Municipal Code (AMC) which would allow the Gold Coast Coffee Mobile Expresso owner (proposed vendor) to use a parking space at the Lower Washington Park area and operate his truck in Alameda. Michael Ferraro, Alameda, urged acceptance of the staff recommendation; stated that there is no ordinance permitting mobile vendors to operate within the City; provided a handout regarding a Recreation and Parks Department public hearing on June 9, 2005. Councilmember Daysog stated that the Council has been in contact with the proposed vendor and staff has been requested to look into the operational issues. Susan Potter, Alameda, stated that other trucks are doing business in Alameda without licenses which causes revenues leave the City. Councilmember Daysog stated that the ordinance allows ice cream trucks to roam through the City; the proposed vendor's request is for parking; inquired whether the Recreation and Park Commission would address the matter. The Acting City Manager stated that there is an ordinance that addresses mobile vendors; the proposed vendor's request is working its way through the system. The Assistant City Manager stated that there is a section in the AMC that prohibits rolling stores from using City streets, with the exception of selling fruit, vegetables, packed or labeled ice cream, peanuts or popcorn; the proposed vendor would like to park Regular Meeting Alameda City Council 3 June 7, 2005 in the parking lot near the Dog Park and then move from park to park; there is a Use Permit provision in the Open Space section of the Zoning Code that allows commercial concessionaires; the proposed vendor would need to get permission from the Recreation and Park Commission first in order to get a Use Permit from the Planning Commission to vend from a City park. Mayor Johnson suggested having a workshop involving the business community and Recreation and Park Commission; stated that there is a significant difference in using a park versus a City street; the possibility of 10 trucks selling coffee in one place needs to be considered. Councilmember deHaan stated there was a mobile canteen at Alameda Point; it is important to review the whole picture. Mayor Johnson stated that she was not clear on the recommended policy. Councilmember Matarrese stated that he does not believe the draft policy is ready for adoption; the policy does not establish or define standards for non -City use, long -term use, construction or renovation, or private uses; concessionaire needs to be defined; stated that he would oppose any private use that is 250 of the total park acreage available; the park application and review process is a procedure and not a policy; procedures and policies need to be kept separate; suggested that the policy be sent back to the Recreation and Park Commission. Mayor Johnson concurred with Councilmember Matarrese; noted that the statement regarding the Recreation and Park Department's authority to deny non -City uses is unclear; Recreation and Park Commission decisions need to be able to be appealed to the City Council; stated that it was not the Council's intent to have the Recreation and Parks Department have the sole determination to deny non -City uses; the language needs to be changed; the Council did not request a policy that limited any appeal rights or delegation of Council authority. Vice Mayor Gilmore stated that it appears that the policy was combined with the process and did not follow through on either one completely. Councilmember deHaan stated there is a need for a policy. Vice Mayor Gilmore moved that the matter be sent back to the Recreation and Park Commission. Regular Meeting Alameda City Council 4 June 7, 2005 Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. Mayor Johnson inquired whether Council was clear on direction regarding the Recreation and Park Commissions review the coffee vendor issue, to which the Acting City Manager responded the Recreation and Park Commission is currently reviewing the matter. Councilmember deHaan stated it appears that the matter is farther reaching than just the Recreation and Park Commission and could spill over into other activities. Councilmember Daysog stated there is no need to change the ordinance if the proposed vendor does not want to have a rolling store; the proposed vendor's sole intent to park his truck would be a separate issue. Mayor Johnson stated the matter would come back to the Council if necessary. Councilmember Matarrese stated that the Council's intent was to have a policy in place before another request for use of parks was received which might cause some difficulty with the neighbors or the use of the park; stated that he wants the matter to come back to the Council regardless of what the Recreation and Parks Commission determines. ( *05 -268) Recommendation to approve First Amendment to Agreement with Consolidated Construction Management extending the term, scope of work and price for the New Main Library Project. Accepted. ( *05 -269) Recommendation to set June 21, 2005 as the hearing date for Delinquent Integrated Waste Management Charges. Accepted. (05 -270) Recommendations regarding Alameda Ferry Services: (05 -270A) Resolution No. 13847, "Applying for Five Percent Unrestricted State Funds and Two Percent Bridge Toll Revenue Funds for Operating Subsidy and Capital Projects for the City of Alameda Ferry Services, and Authorizing the Acting City Manager to Enter into All Agreements Necessary to Secure These Funds." Adopted; (05 -270B) Recommendation to authorize the Acting City Manager to execute extension of the Ferry Service Agreement with the Port of Oakland; and (05 -270C) Recommendation to authorize the Acting City Manager to execute extension of the Blue and Gold Fleet Operating Agreements Regular Meeting Alameda City Council 5 June 7, 2005 for the Alameda /Oakland Ferry Services (AOFS) and adopt associated budget. Councilmember Matarrese stated that there was a public hearing regarding the Harbor Bay ferry which addressed increasing ridership and marketing services; the public should know that the City is trying to get as much grant money as possible to keep the ferries operating; the ferries need to be in front of the public's eye; encouraged people to take the ferries. Councilmember deHaan stated the Water Transit Authority (WTA) joined forces with the City in moving forward with publicity; noted the Port of Oakland's $140,000 contribution is now reduced to $83,000; there is talk about the Port not contributing at all; noted there would be a major glitch if the contribution amount was not maintained at the current amount or higher. The Acting City Manager stated the contribution was going to be a budget cut for the Port of Oakland; the Port was persuaded to make a contribution of $83,325 for the next fiscal year; getting the WTA to take over in the future would solve the problem with the Port of Oakland funding the ferries. Councilmember DeHaan stated that it appears that the WTA is going forward to establish runs in various directions; inquired whether it was the Council's desire to join forces with the WTA at some point. The Acting City Manager responded that joining forces with the WTA would be a Council decision; the WTA's first goal is to establish new ferry services; the WTA is starting to look at the Harbor Bay Ferry Service for merchandising and providing some other services to the City. Councilmember deHaan inquired whether the WTA would have jurisdiction over funds. Mayor Johnson responded that the WTA is a transit agency and would have access to funding that the City does not have. The Acting City Manager stated that the WTA has access to Regional Measure 2 Funds which are difficult for the City to access except through the WTA; the City is currently using Regional Measure 1 Funds through the Metropolitan Transportation Commission. Councilmember deHaan moved adoption of the Resolution and acceptance of the staff recommendations. Regular Meeting Alameda City Council 6 June 7, 2005 Under discussion, Councilmember Daysog stated that the Council needs to be careful with the WTA taking over the Harbor Bay ferry or any of the ferries; the Blue and Gold ferry, and to some extent the Harbor Bay ferry, are locally controlled; the WTA might decide to have the ferry leave from somewhere else. Mayor Johnson stated the level of service and location can be negotiated. On the call for the question, Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. ( *05 -271) Resolution No. 13848, "Approving the Paratransit Service Plan and Applying for Measure B Paratransit Funding." Adopted. ( *05 -272) Resolution No. 13849, "Authorizing Open Market Purchase from Cogent Systems, Inc., Pursuant to Section 3 -15 of the Alameda City Charter, of Cogent Automated Palm /Fingerprint Identification System Upgrade in the Amount of $37,815." Adopted. ( *05 -273) Resolution No. 13850, "Adopting an Agreement for Participation in Alameda County Operational Area Emergency Management Organization." Adopted. ( *05 -274) Resolution No. 13851, "Designating All Alameda Fire Stations as Receiving Points for Surrendered Babies Under the California State Health and Safety Code Section 1255.7, known as the Safely Surrendered Baby Law." Adopted. ( *05 -275) Resolution No. 13852, "Requesting and Authorizing the County of Alameda to Levy a Tax on All Real and Personal Property in the City of Alameda as a Voter Approved Levy for the General Obligation Bonds Issued Pursuant to a General Election Held November 7, 2000." Adopted. REGULAR AGENDA ITEMS (05 -276) Ordinance No. 2941, "Amending the Alameda Municipal Code to Increase the Composition of the Recreation and Park Commission from Five to Seven Members by Amending Subsections 2 -7.2 (Membership; Appointment; Removal), 2 -7.3 (Qualification; Voting) of Section 2 -7 (City Recreation and Park Commission) ." Finally passed. Councilmember Matarrese moved final passage of the Ordinance. Councilmember deHaan seconded the motion, which carried by unanimous voice vote - 5. Regular Meeting Alameda City Council 7 June 7, 2005 (05 -277) Public Hearing to consider an Appeal of the Historical Advisory Board's approval of a Landscaping Plan for planting two Coast Live Oak trees on the vacant property at 301 Spruce Street. The submittal of a Landscaping Plan, as part of new development proposals, was required by the Historical Advisory Board as a condition for the removal of one Coast Live Oak tree in 2001; and adoption of related resolution. The site is located at 301 Spruce Street within the R -4 Neighborhood Residential Zoning District. Applicant: Bill Wong for Hai Ky Lam. Appellant: Patrick Lynch and Jeanne Nader. Continued to June 21, 2005. (05 -278) Resolution No 13853, "Confirming the Business Improvement Area Report for FY 2005 -2006 and Levying an Annual Assessment on the Alameda Business Improvement Area of the City of Alameda for FY 2005 - 2006." Adopted. Councilmember deHaan moved adoption of the Resolution. Vice Mayor Gilmore seconded the motion, which carried by unanimous voice vote - 5. (05 -279) Recommendation to accept the Donor Recognition and Names Gifts Policy for the Library. The Library Director gave a brief presentation. Mayor Johnson inquired whether the $30,000 contribution for the mural was reflective of the cost. The Library Director responded in the affirmative; stated that four or five works of art have been selected for the new Main Library; there is funding for only one. Councilmember deHaan inquired whether the proposed policy has been patterned after other libraries, to which the Library Director responded in the affirmative. Councilmember deHaan commended the Library Director's ingenuity; inquired whether plaques would be placed in appropriate spots reflecting the donation. The Library Director responded there would be a donor wall; individuals who donate $5,000 over their lifetime would be recognized on the donor wall; rooms and pieces of furniture would also be recognized; areas of the library will be built without donations; donations can specifically name and honor the donor in a particular area of the Library. Regular Meeting Alameda City Council 8 June 7, 2005 Mayor Johnson inquired who would decide on the wording and size of the plaques. The Library Director responded that there would be different sizes for different donation levels; the donor and the Foundation will work together to finalize wording and ensure appropriateness. Mayor Johnson stated the size and approved wording should be established; inquired whether there would be a provision to not accept a donation. The Library Director stated that the final bullet in Exhibit A of the staff report states that final approval rests with the City Council; inquired whether the Council would like to review the policy again. Mayor Johnson responded that the Council would like to review the policy when the finer details are in place. The Library Director stated that the named gift list is not final. Councilmember Daysog stated that the Council might want to move slower and get more public input. The Library Director stated that there has been a public process. Councilmember Daysog stated the Library is public space and almost becomes a quazi - privatized space with all the donation recognition markings; it is important to have balance. Councilmember Matarrese stated the criteria regarding the ability to refuse a contribution, prohibiting corporate logos, and appropriate recognition should be spelled out. Mayor Johnson stated criteria for appropriate wording should also be included. The Library Director stated some suggested wording could be "Gift from" or "In honor of." Mayor Johnson inquired whether a wall of recognition was considered instead of plaques on objects throughout the Library. The Library Director responded the wall recognition was also intended. Mayor Johnson inquired whether it was necessary to have both the Regular Meeting Alameda City Council 9 June 7, 2005 wall recognition and the plaques, to which the Library Director responded that having both is usual. Councilmember deHaan stated the Council is concerned with positioning too many plaques through various areas of the Library; inquired whether the donor plaque recognition would be replicated on the wall. The Library Director responded that any donor who gives $5,000 or more would be recognized on the donor wall; noted the Library Foundation has begun to schedule meetings with donors. Mayor Johnson stated she likes the idea of the large item and area recognition; inquired whether fund raising efforts would be impacted. The Library Director responded that having recognition for large items and areas might be an incentive. Councilmember Daysog stated that the Council should get clarification on the legal issues of refusing a contribution. The City Attorney stated that any reasonable rules could be imposed; the City cannot say no for the wrong reasons; parameters can be drafted. Councilmember Matarrese stated that he agrees with the concept and framework of the policy; inquired when the policy defining the criteria to refuse a contribution and appropriate recognition would come back to Council, to which the Library Director responded that she would hope the policy could come back at a City Council meeting in July. Councilmember DeHaan stated how the plaque would read is important. Mayor Johnson stated she would like to have a recognition wall only as long as there would be no fundraising impact; suggested looking into what other libraries and public buildings have done. The Library Director stated it was not unusual to place names on shelves. (05 -280) Recommendation to accept the Webster District Strategic Plan Report. Councilmember deHaan stated that having a grocery store as a key anchor was not possible; inquired whether parking is being proposed. Regular Meeting Alameda City Council 10 June 7, 2005 The Business Development Division Manager responded she is talking to an owner. Councilmember deHaan stated parking accommodations are all important for any business and retail area. Councilmember Daysog encouraged doing an analysis on the demand for parking spaces. The Business Development Division Manager stated that the report addresses the need to review parking in the entire area; when new businesses try to existing buildings to a new use, meeting the parking requirements is difficult; there is a need to look at a parking policy for the area which would met the parking demand. Councilmember Daysog stated that quantifying is important; there are pros and cons; some neighbors might not want parking structures while businesses would. Councilmember deHaan stated the Council gave direction to purchase an existing parking area that was previously rented. Sherri Stieg, West Alameda Business Association (WABA), expressed her appreciation for the support that WABA has received from the Council and City staff; stated WABA supports the goals of the Strategic Plan and urges implementation as soon as possible; WABA does not want the Plan to close off viewpoints for other opportunities; the funding for Goal #5 [Small Business Assistant Program] has been eliminated because of reduced funding; there is continued funding for the Facade Grant Program and some funding for a recruiter; noted the analysis of opportunity sites was limited to vacant land on Webster Street; there are other opportunities; WABA will address the need for long- and short -term parking solutions; stated she receives daily calls regarding parking issues; parking will bring in additional business. Councilmember deHaan moved approval of the staff recommendation. Vice Mayor Gilmore seconded the motion, which passed by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON- AGENDA (05 -281) The following speakers spoke in opposition to the proposed theatre multiplex and parking structure: Deborah Overgfield, Alameda; Jay Levine, Alameda; Robert Gavrich, Alameda; Richland Tester, Alameda; Jennifer Van Airsdale, Alameda (submitted Regular Meeting Alameda City Council 1 1 June 7, 2005 letter); Griff Neal, Alameda; Ani Dimusheva, Alameda; Kevin Fredrick, Alameda; Valerie Ruma, Alameda; Carl Minns (submitted letter); and Pat Bail, Alameda. (05 -282) Wilbur Richards, Alameda, acknowledged the Council for tightening belts throughout the budget process; stated that damaged branches or tree fungus maintenance cannot be deferred. (05 -283) Albert Ortega, Alameda, stated that his loan for the Alameda Bayport Housing Lottery Program was denied because of the loan type; a letter sent by Alameda Development Corporation to the City never stated that any loan type would not be allowed. Mayor Johnson inquired why Mr. Ortega's loan was rejected. Mr. Ortega responded that his second loan was interest only and was deemed to be damaging to the housing program; the City Attorney advised him that the loan type violated State of California Redevelopment Law. The Acting City Manager stated that the City Attorney advised Mr. Ortega that if one person was granted an interest only loan then everyone else would need to be treated the same; the risk was deemed not acceptable for the agency; Mr. Ortega was advised that interest only loans would not be accepted because of the risk. Mayor Johnson inquired whether it would be possible for the Alameda Development Corporation to develop some information to provide potential buyers. The Acting City Manager stated that a report would be provided to Council. (05 -284) Richard Neveln, Alameda, stated that public transit is still a problem in Alameda; parking is allowed at bus stops; temporary bus stops should be fixed to allow accessibility. (05 -285) Michael Ferraro, Alameda, stated that the proposed coffee vendor [who would like to park near City parks] is seeking a working permit for the whole City; he is not proposing to do business within the Park Street or Webster Street areas; stated Mr. Siden, East Bay Regional Park District, suggested seeing if there was a way the proposed vendor could have access to the park for his business. (05 -286) Sherri Stieg, Webster Street Farmers 8:00 p.m.; Friday nigh t Regular Meeting Alameda City Council June 7, 2005 WABA, stated that the Grand Opening of the Market would be Thursday from 4:00 p.m. to will be the first of the Concerts at the 12 Cove; the third Thursdays of the month will offer a variety of festivities; encouraged everyone to attend. (05 -287) Robb Ratto, Park Street Business Association, stated there is a misconception that the Park Street streetscape is being done to eliminate parking in order to create a need for the parking structure; two parking spaces have been lost on Santa Clara Avenue because of the new bus plaza and one parking space has been lost in front of Bonniere Bakery on Park Street; stated he spoke in favor of the original Exclusive Negotiating Agreement for the theatre four years ago; a Request for Proposal was sent out and no one ever came forward with any plans. Vice Mayor Gilmore moved approval of addressing the Council Communications items past midnight. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. COUNCIL COMMUNICATIONS (05 -288) Discussion regarding City of Alameda Management Practice #37: Staff - Council Communication Policy. Mayor Johnson stated that an informational library is being compiled which would allow Council to have access to information at one location at City Hall; she feels that Alameda Management Practice #37 is more restrictive than what the Charter provides; the Practice should be reviewed and either revoked or replaced. Councilmember Matarrese concurred with Mayor Johnson. Councilmember Daysog stated that issues that led to past discussions on the matter should be discussed when brought back to Council. Vice Mayor Gilmore stated that everyone seems to agree to place the matter on the agenda. (05 -289) Consideration of Mayor's nomination for appointment to the Public Utilities Board. Mayor Johnson nominated Peter W. Holmes and John R. McCahan. (05 -290) Councilmember Matarrese requested an update on the Bridgeside Center; stated there were previous discussions regarding the Video Station's ability to either occupy a space at the Center and the possibility having a Blockbuster; requested an update on Regular Meeting Alameda City Council 13 June 7, 2005 when construction would start and the leasing mix. (05 -291) Councilmember deHaan requested staff to review how existing transit operations, such as paratransit and Kid's Coach services, could provide inter - Alameda transportation intertwining with Alameda Point. ADJOURNMENT There being no further business, Mayor Johnson adjourned the meeting at 12:04 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 14 June 7, 2005