2008-06-17 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- -JUNE 17, 2008- -7:30 P.M.
Mayor Johnson convened the Regular Meeting at 7:58 p.m.
Councilmember Gilmore led the Pledge of Allegiance.
ROLL CALL - Present: Councilmembers deHaan, Gilmore,
Matarrese, Tam, and Mayor Johnson - 5.
Absent: None.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(08 -259) Proclamation recognizing contributions to the City by gay
and lesbian residents 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 Maia and Liz
Bradford -Ryan and Debra Arbuckle.
Mai Bradford -Ryan thanked Council for the proclamation.
Liz Bradford -Ryan thanked Council for the support in recognizing
the gay, transgender, and lesbian community.
Debra Arbuckle stated that she is proud to have Council and the
citizens stand up to equality when problems arise; a workshop will
be held at the Main Library on June 23, 2008 at 6:30 p.m. to
continue the dialog on equality.
Mayor Johnson stated the City is working on setting up a process to
perform marriages at City Hall.
Speakers in support of proclamation: Morten Wellhaven, Alameda; Dr.
Mary Abu -Saba, Buena Vista United Methodist Church; David McIntyer,
Buena Vista United Methodist Church.
Vice Mayor Tam stated that she shares in the appreciation of the
lesbian, transgender, and gay community; fourteen inquiries or
requests have been received for marriage ceremonies at City Hall.
Councilmember Gilmore stated the new right [of gay marriage] brings
a whole new appreciation [of marriage].
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Councilmember Matarrese stated that he is pleased that the
California Supreme Court upheld the notion that is in the United
States Constitution regarding equal protection under the law;
continued progress should be made.
Councilmember deHaan stated prior Councils educated the community;
everything is moving in the right direction.
CONSENT CALENDAR
Mayor Johnson announced that Introduction of Ordinance [paragraph
no. 08 -260] was removed from the Consent Calendar for discussion.
Councilmember Matarrese moved approval of the remainder of the
Consent Calendar.
Vice Mayor Tam seconded the motion, which carried by unanimous
voice vote - 5. [Items so enacted or adopted are indicated by an
asterisk preceding the paragraph number.]
( *08 -261) Minutes of the Special City Council Meeting held on May
27, 2008; and the Special and Regular City Council Meetings held on
June 3, 2008. Approved.
( *08 -262) Ratified bills in the amount of $1,867,330.46.
( *08 -263) Recommendation to award Contract for Legal Advertising
for Fiscal Year 2007 -2008. Accepted.
( *08 -264) Recommendation to award a Contract in the amount of
$163,112, including contingencies, to Saurez & Munoz Construction,
Inc., for Rittler Park irrigation and field renovation
improvements, No. P.W. 11- 07 -34. Accepted.
( *08 -265) Recommendation to adopt Plans and Specifications and
authorize a Call for Bids for repair of portland cement concrete
sidewalk, curb, gutter, driveway, and minor street patching, Fiscal
Year 2008 -2009, Phase 9, No. P.W. 05- 08 -13. Accepted.
( *08 -266) Resolution No. 14217, "Adopting a Multiple Year
Resolution Authorizing the Public Works Director to Submit Grant
Applications to the California Integrated Waste Management Board
for All Available Grants Under the California Oil Recycling
Enhancement Act for the Period of July 1, 2008 Through June 30,
2012." Adopted.
( *08 -267) Resolution No. 14218, "Authorizing the City Manager to
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Submit a Request and Execute All Required Agreements and Documents
to the Alameda County Congestion Management Agency for the
Transportation for Clean Air Grant Applications, in the Amount of
$315,000, for the Signal Coordination and Transit Signal Priority
Along Constitution Way Between Mariner Square Drive and Atlantic
Avenue." Adopted.
( *08 -268) Resolution No.
Reflect Current Positions
of Alameda's Conflict of
No. 14094." Adopted.
14219, "Amending Resolution
and Entities to be Included
Interest Code and Rescinding
qo. 9460 to
in the City
Resolution
(08 -269) Introduction of Ordinance Amending the Alameda Municipal
Code by Amending Subsection 8 -26.1 (Use of Coasters, Roller Skates,
and Similar Devices Restricted) of Section 8 -26 (Coasters, Skates,
Etc.) of Chapter VIII (Traffic, Motor Vehicles, and Alternative
Transportation Modes) and Subsection 23 -1.3 (Riding of Bicycles and
Skateboards in Parks, Etc.) of Section 23 -1 (Parks and Squares) of
Chapter XXIII (Parks, Recreation Areas and Public Property) to
Expand the Prohibition to Include Skateboards and Their Use in City
Owned or Leased Property, Buildings or Structures Unless Authorized
by Subsection 23 -1.3. Introduced.
Vice Mayor Tam stated that the intent of the ordinance to address
skateboarding in the parking structure makes a lot of sense; her
concern is that there might be some unintended consequences that
would prevent bicyclists from riding to the parking garage racks or
across a parking lot; inquired whether there is some way to isolate
skateboarding concerns in parking structures owned by the City.
The City Attorney responded that there was never an intent to stop
bicyclists from riding through the parking structure in order
secure bikes at racks or lockers; stated the ordinance does not
create a prohibition until a sign is posted; an exception could be
made regarding riding a bicycle to or from a locker or rack within
the parking garage.
Councilmember Matarrese stated the proposed ordinance would
prohibit riding a bicycle in any public park, playground, school
property, City parking lot or parking structure; bicyclists would
not be able to get to racks or lockers behind the Library or
parking structure; an exception should be made for bicyclists going
to racks or lockers; inquired whether bicycles are governed by the
rules of the road, and skateboards are not.
The City Attorney responded in the affirmative; stated the intent
is that bicycling and skateboarding might be okay in some parks.
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Councilmember Matarrese stated that he would like to have the
proposed ordinance have an exception for bicyclists riding to park
racks and lockers; he does not see any reason for a skateboarder to
skate through the parking structure or parking lot.
Mayor Johnson stated bicyclists need to walk bicycles through parks
to get to racks.
Councilmember deHaan stated the distinguishing factor is whether
the area is accessible to vehicles; inquired whether the proposed
ordinance could be modified now and move forward, to which the City
Attorney responded in the affirmative.
Mayor Johnson inquired whether requiring signs is in the proposed
ordinance.
The City Attorney responded the Municipal Code has two existing
provisions; one addresses no skateboarding in City business
districts; a sign does not need to be posted; the other provision
deals with City parks; the intent is to prohibit skateboard riding
in a City park if a sign is posted.
Mayor Johnson stated the ordinance should change; parks should not
be cluttered with signs; the City should not be burdened with
placing signs in the parks.
The City Attorney stated the City could make an outright
prohibition of skateboarding in parks.
Mayor Johnson stated the ordinance should state that there are
outright prohibitions unless otherwise authorized; inquired who
would enforce the ordinance, to which the City Attorney responded
the Police Department.
Mayor Johnson inquired whether Park Directors could be authorized
to issue citations.
The City Manager responded the matter would be explored and brought
back to Council.
The City Attorney read into the record the following proposed
language: "It shall be unlawful, unless otherwise posted, for any
person to operate or ride a bicycle or skateboard propelled wholly
or in part by muscular power within or upon any public park,
playground, or school property in the City or parking lot /parking
structure owned or leased by the City, except that a person may
ride a bicycle to and from bicycle racks or lockers provided within
any City parking lot, parking structure, or park."
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Mayor Johnson stated bicyclists need to walk bicycles through
parks.
The City Attorney stated "or park" could be removed.
Councilmember Matarrese moved introduction of the ordinance with
the proposed, modified language.
Councilmember deHaan seconded the motion, which carried by
unanimous voice vote - 5.
REGULAR AGENDA ITEMS
(08 -270) Public Hearing to consider Resolution No. 14220,
"Authorizing Collection of Delinquent Integrated Waste Management
Accounts by Means of the Property Tax Bills." Adopted.
The Environmental Services Manager provided an updated list and a
brief presentation.
Vice Mayor Tam stated the staff report notes seventy -one delinquent
accounts; the updated list show forty delinquent accounts.
The Environment Services Manager stated residents had until 5:00
p.m. to pay on delinquent accounts.
Vice Mayor Tam stated that she did not reconcile the list with
letters received requesting that settlement be held in abeyance
until the issue can be resolved; inquired how the issue is handled.
The Environment Services Manager responded delinquent accounts
remain on the list; staff works with the property owner to iron out
issues.
Vice Mayor Tam inquired whether accounts do not need to be pulled
from the list if property owners contacted staff.
The Environment Services Manager responded staff has been
instructed to work with property owners who have protested.
Councilmember deHaan moved adoption of the resolution.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
(08 -271) Public Hearing and related actions regarding Alameda
Ferry Services:
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(08 -271A) Resolution No. 14221, "Authorizing the City Manager to
Apply for Regional Measure 1 Bridge Toll Funds, Including Five
Percent Unrestricted State Funds and Two Percent Bridge Toll
Reserve Funds for the Operating Subsidy and Capital Projects for
the City of Alameda Ferry Services, and to Enter into All
Agreements Necessary to Secure These Funds for Fiscal Year 2008-
09." Adopted;
(08 -271B) Recommendation to authorize the City Manager to execute a
third amendment to the amended and restated Ferry Services
Agreement with the Port of Oakland to extend the term for one
additional year at a cost of $83,117;
(08 -271C) Public Hearing on the proposed implementation of a fuel
surcharge for the Alameda /Oakland Ferry Service, and recommendation
to authorize the City Manager to execute a one -year extension of
the Blue & Gold Fleet Operating Agreement with the Alameda /Oakland
Ferry Service, and execute an amendment to the Agreement to extend
the term through June 30, 2010, adopt associated budgets, and
approve the proposed fuel surcharge for the Alameda /Oakland Ferry
Service; and
(08 -271D) Public Hearing on the proposed implementation of a fuel
surcharge for the Alameda Harbor Bay Ferry and recommendation to
authorize the City Manager to execute a one -year extension of the
Harbor Bay Maritime Ferry Operating Agreement with the Alameda
Harbor Bay Ferry, and to execute an amendment to the Agreement to
extend the term for one additional year, adopt associated budgets,
approve Fiscal Year 2007 -2008 Budget Adjustment and Measure B
allocation, and approve the proposed fuel surcharge for the Alameda
Harbor Bay Ferry.
The Ferry Services Manager gave a brief presentation.
Mayor Johnson inquired where is fuel bought.
The Ferry Services Manager responded the Alameda Harbor Bay Ferry
(AHBF) is fueled by a truck in San Francisco; the Alameda /Oakland
Ferry Service (AOFS) is fueled by using the Blue and Gold fuel tank
at Pier 41.
Mayor Johnson inquired whether there is any other way to fund the
increasing fuel cost; stated AC Transit is not raising rates; she
does not like to raise rates on public transit; ferry tickets are
expensive already.
Councilmember Matarrese inquired whether there has been an increase
in ridership and what the increase is worth in dollars relative to
the amount of money that would be raised in by a surcharge.
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June 17, 2008
The Ferry Services Manager responded that he does not have current
figures; stated weather and other factors affect AOFS ridership
significantly; AHBF is maintaining ridership; tickets are up to 768
for January, February, and March.
Councilmember Matarrese stated that he would like to have numbers
come back in real dollars that show what the impact of the
surcharge would be versus the delta between ridership last year and
this year; he wants to see whether there is a windfall [in
ridership] because fuel costs have increased.
Mayor Johnson stated public transit ridership has increased.
The Ferry Services Manager stated ferry ridership is up quite a
bit; staff has not found another way to fund the increased fuel
costs; the staff recommendation does not bring the full cost of
offsetting the new fuel expenses; the proposal is to offset some of
the increase by using the $241,000 Measure B reserve.
Mayor Johnson requested more information on the proposed fuel
surcharge; stated the Contracts could move forward.
Councilmember deHaan inquired what is the projected AHBF fare box
ratio.
The Ferry Services Manager responded 42% under the assumption that
Council would approve the fuel surcharge and that ridership would
remain the same.
Mayor Johnson inquired what is the AOFS fare box recovery.
The Ferry Services Manager responded presently 51% to 520; stated
the projection is 540.
Councilmember Matarrese stated that he would like to have the
Contracts go forward; have an analysis done as soon as possible;
have numbers presented to Council; and defer the decision on the
surcharge.
Mayor Johnson stated Council could authorize the City Manager to
apply for funds.
Councilmember Matarrese moved adoption of the resolution and
approval of the staff recommendations except for the implementation
of fuel surcharges.
Vice Mayor Tam seconded the motion, which carried by unanimous
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voice vote - 5.
Vice Mayor Tam stated that a lot of staff time has been spent on
the ferry system which ultimately will no longer belong to the
City; inquired what is the threshold to stop spending staff time on
the matter.
The City Manager responded staff would provide an update on the
status of the Ferry Service transition; clarified that Council is
approving all items except the proposed fuel surcharge.
ORAL COMMUNICATIONS, NON- AGENDA
(08 -272) Michael John Torrey, Alameda, stated the Relay for Life
will be held on June 21 and 22; Amateur Radio Week is June 21
through June 29; the City of Oakland will have disaster
preparedness presentations on June 25.
(08 -273) Debra Owen, Frank Bette Center for the Arts, stated the
Center is willing to explore options to partner with the City to
produce Art in the Park.
(08 -274) Kathy Moehring, West Alameda Business Association (WABA),
stated the Webster Street Jam event would be held in September;
WABA's goal is to increase awareness of Alameda artists; WABA would
like to have the [Art in the Park] art community be part of the
Webster Street Jam event.
COUNCIL REFERRALS
None.
COUNCIL COMMUNICATIONS
(08 -275) Consideration of Mayor's nominations for the Civil
Service Board, Film Commission, Housing Commission, Library Board,
Planning Board, Public Art Commission, Public Utilities Board,
Social Service Human Relations Board and Transportation Commission.
Mayor Johnson nominated Kenneth I. Dorrance, Patricia Grey, and
Teddy B. Tabor for reappointment to the Film Commission; Aiesha P.
Balde and Arthur A. Kurrasch for reappointment to the Housing
Commission; Gail A. Wetzork for appointment to the Library Board;
Patrick Lynch for reappointment to the Planning Board; Elizabeth A.
Candelario and Eric Ibsen IV for appointment to the Public Art
Commission; Peter W. Holmes for reappointment to the Public
Utilities Board; Regional L. James for reappointment to the Social
Service Human Relations Board; and Kathy L. Moehring for
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June 17, 2008
appointment to the Transportation Commission (Business District
Seat) .
ADJOURNMENT
There being no further business, Mayor Johnson adjourned the
Regular City Council Meeting at 8:53 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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June 17, 2008