2004-03-16 Regular MinutesMINUTES FOR THE REGULAR CITY COUNCIL MEETING
TUESDAY - - MARCH 16, 2004 - - 7:30 P.M.
Mayor Johnson convened the regular meeting at 8:54 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
(04 -107) Proclamation honoring Frederica von Stade on winning a
2004 Grammy Award and expressing appreciation for her contributions
to music in Alameda's schools; and
(04 -107A) Presentation by the Mayor of Certificates of Appreciation
to Alameda Schools' Music Teachers.
Mayor Johnson read the Proclamation and presented it to Ms. Von
Stade.
Ms. von Stade expressed her appreciation in receiving the
Proclamation and her gratitude for Alameda offering music programs
through the schools; stated that the real heroes are the teachers.
Mayor Johnson presented certificates of appreciation to Kathy
Burigsay, Kim Orzell, and Lynn Tousey and recognized Fred Chacon
and Bonnie Nelson, who were not present to accept certificates.
Ms. Orzell expressed appreciation for constant support of the
Alameda Education Foundation.
(04 -108) Mayor Johnson presented a Proclamation commending Sandre
Swanson for his dedication to Alameda.
Mr. Swanson thanked the Council and introduced his family.
CONSENT CALENDAR
Mayor Johnson announced that the Resolution Authorizing Application
to CalTrans for a Safe Routes to School Program Grant [paragraph
no. 04 -112] and the Ordinance Amending the Alameda Municipal Code
by Adding a New Subsection 2 -61.8 [paragraph no 04 -1141 were
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March 16, 2004
removed from the Consent Calendar for discussion.
Councilmember Matarrese moved approval of the remainder of the
Consent Calendar.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
[Items so enacted or adopted are indicated by an asterisk preceding
the paragraph number.]
( *04 -109) Minutes of the Special
held on March 2, 2004, and the
Community Improvement Commission
Approved.
and Regular City Council Meetings
Special Joint City Council and
Meeting held on March 3, 2004.
( *04 -110) Recommendation to accept the work of P &J Utility Company
for Alameda Point Water Upgrades, No. P.W. 02- 01 -04. Accepted.
( *04 -111) Resolution No
Grant Funds from the
Division of Recycling."
13693, "Authorizing Application for Block
California Department of Conservation,
Adopted.
(04 -112) Resolution No. 13692, "Authorizing Application to
CalTrans for a Safe Routes to School Program Grant for Improvements
to the Bike Bridge Approach and Pavement Cross Lights at 8th Street
and Taylor Avenue." Adopted.
Vice Mayor Daysog requested a report on the pedestrian- oriented
milestones achieved during the last three years; stated that
injuries have gone down.
Vice Mayor Daysog moved adoption of the resolution.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
( *04 -113) Resolution No. 13694, "Setting Public Hearing on
Delinquent Real Property Transfer Tax." Adopted.
(04 -114) Introduction of Ordinance Amending the Alameda Municipal
Code by Adding a New Subsection 2 -61.8 (Design- Build) to Section 2-
61 (Bidding Procedures on Public Projects and Goods and Supplies)
of Chapter II (Administration). Introduced.
Councilmember Gilmore inquired what are the perceived benefits of
the Ordinance and whether design control would be given up.
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March 16, 2004
The Supervising Civil Engineer responded that the level of detail
in the proposal would determine the level of control over the
project.
Councilmember Gilmore inquired whether there would be a cost
savings; to which the Supervising Civil Engineer responded in the
affirmative; stated that time would also be saved; that in order
for the State to accept the package from the architect for the
Library Project, a design -build ordinance would be needed.
Councilmember Gilmore inquired whether other cities are
incorporating the design -build method.
The City Attorney stated that design -build method is an option only
available to Charter cities; the Ordinance is enabling legislation
that allows Council to chose the design -build method the process
would be approved prior to any large project.
Mayor Johnson inquired whether there are degrees of design -build on
a project.
The Supervising Civil Engineer responded design -build could be
phased; stated that in negotiations with the architect for the Golf
Club House, design -build was chosen for the mechanical, electrical
and plumbing features.
The Acting Assistant City Manager stated that different departments
review design -build projects throughout various phases.
Councilmember Kerr inquired whether the process could be brought
back to Council for evaluation, to which the City Manager responded
in the affirmative.
Councilmember Gilmore moved introduction of the Ordinance.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
( *04 -115) Ratified bills in the amount of $2,412,037.02.
REGULAR AGENDA ITEMS
(04- 116) Adoption of Resolution Honoring Sandre R. Swanson for His
Contributions to the City of Alameda. Not heard. [Note: A
proclamation was issued under Special Orders of the Day.]
(04 -117) Public Hearing to consider revisions to the Development
Regulations (ZA03 -0001) contained within Chapter XXX of the Alameda
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March 16, 2004
Municipal Code (AMC), more commonly referred to as the Zoning
Ordinance; and
(04 -117A) Introduction of Ordinance Amending the Alameda Municipal
Code by Amending Various Sections of Chapter XXX (Development
Regulations) .
The Supervising Planner provided a brief presentation.
Councilmember Kerr stated that there was confusion because the
current open space requirement is specific to square footage of
open space per dwelling unit; the Ordinance does not provide more
space, excludes side yards, and other areas having a width of 8
feet or less, and requires front yards; the old and new definition
cannot be compared; suggested incorporating an alternative of
allowable building footprint; suggested passing the rest of the
zoning code changes [excluding open space requirement] and forming
of a small committee, which would be subject to Mayor's approval,
to work with staff on an acceptable [open space] solution.
The Supervising Planner concurred with Councilmember Kerr regarding
definition comparison; stated that current regulations are
Byzantine; that a solution could be to state that any area less
than 8 feet wide would not be considered landscaped area.
Councilmember Kerr suggested that residents who understand R -2
through R -6 districts provide input.
Mayor Johnson inquired whether there are time constraints involved,
to which the Supervising Planner responded in the negative.
Mayor Johnson inquired whether the tandem parking issue could be
reviewed; stated that there was no enforcement of maintenance for
landscaped areas; that she believes that many areas that would be
referred to as landscaped areas would not end up landscaped.
Councilmember Gilmore stated that she would not like to see
pedestrian pathways within a lot be counted as part of the open
space requirement.
The Development Review Manager suggested that the landscaping and
open space requirement portion be brought back to Council as a
separate item.
Mayor Johnson opened the Public Hearing.
Jim Sweeney, Alameda, urged support for open space; stated that R -2
and R -3 districts are in danger; that he has concerns with
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March 16, 2004
shoehorning in more infill.
Jean Sweeney, Alameda, stated that she endorses Councilmember
Kerr's suggestion for allowing people to come up with a better
solution; stated that open space should not be cut down for R -2 and
R -3 districts.
They're being no further speakers, Mayor Johnson closed the public
portion of the Hearing.
Councilmember Kerr moved introduction of the Ordinance, excluding
the section on open space, and approval of directing that a citizen
committee, with the membership subject to the Mayor's approval, be
formed to address issues of concern, including Councilmember
Gilmore's suggestion regarding pedestrian pathways.
Councilmember Matarrese seconded the motion.
Under discussion Councilmember Matarrese stated that he supports
using the building footprint to determine usable open space.
On call for the question, the motion carried by unanimous voice
vote - 5.
(04 -118) Public Hearing to consider an Appeal of the Planning
Board conditioned approval of Planned Development Amendment and a
Major Design Review for 3241 Garfield Avenue to allow: 1) the
construction of a 150 square -foot single -story rear addition; 2)
the construction of as maximum 24 -inch tall deck with an attached
hot tub; and 3) the construction of a six -foot fence around the
side and rear property lines; and adoption of related Resolution.
This site is located within the R -1 -PD, One Family Residence
Planned Development Zoning District. Not heard. [Continued to April
20, 2004.]
(04 -119) Recommendation regarding Alameda Ferry Services Request
for Proposals. Not heard.
(04 -120) Recommendation to approve Bus Shelter Site Selection
Criteria. Continued to April 6, 2004.
Mayor Johnson stated that a number of meetings have been held over
the last few days with interested residents; that she would like to
suggest that the public testimony be heard and the item be
continued to April 6, 2004; in the interim, a meeting would be held
with all parties to ensure that the community was represented.
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Councilmember Gilmore inquired what postponement would do to the
timeline.
The Public Works Director responded that postponement to the April
6 Council Meeting would result in a three -week delay; that he would
like to have the shelters by mid October; that the schedule was
aggressive; a lot depends on the shelter design and how long it
would take to finalizing the provisions of the agreement with
Lamar.
The City Manager stated that presently there was no agreement with
Lamar; Council has not made any advertising decisions.
The Public Works Director stated that the criteria was for shelters
with and without advertising; the locations of shelters with
advertising would not be determined until May; Council action
tonight would not necessarily mean shelters with advertising would
be installed.
Mayor Johnson opened the public portion of the Hearing.
The following speakers spoke in favor of adoption of the Bus
Shelter Site Selection Criteria: Diane Foster, Alameda; Mark Irons,
Alameda; Audrey Lord - Hausman, Pedestrian Friendly Alameda; William
Smith, Northern California Sierra Club; Kelley Jackson, Alameda;
H.E. Christian Peeples, AC Transit; Stephen Irwin, Alameda; Bill
Smith, Alameda; Jonathan Soglin, Alameda; Alana Dill, Alameda; Jon
Spangler, Alameda Transit Advocates; Christopher Buckley, Alameda;
Golda Mason, Alameda Transit Advocates; Susan Decker, Alameda
Transit Advocates; C.R. Saikley, Alameda; Robb Ratto; Lucy Gigli,
Alameda; John Knox White, Transportation Commission; Michael
Krueger, Alameda.
The following speakers spoke in opposition to advertising at bus
shelters: Reyla Graberm, Alamedans for Responsible Transit Shelters
(ARTS); Charles Thoss, Alameda; Normal Wall, ARTS, Patricia Gannon,
Alameda; Jean Sweeney, Alameda; Joe Cloren, ARTS; and Bob Sikora,
Alameda.
There being no further speakers, Mayor Johnson closed the public
portion of the Hearing.
Vice Mayor Daysog requested an explanation of Criteria #5, "No
advertising shelters shall be located in the R -1, R -2, R -3, R -4 and
R -5 zoning districts...".
The Public Works Director responded that Criteria #5 states that
bus shelters with advertising would not be allowed in a strictly
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March 16, 2004
residential block; however, if within that block, there was some
non - residential use, there would be potential for a shelter with
advertising.
Vice Mayor Daysog inquired whether Washington School, being in a
residential area with a non - residential use, would qualify for a
potential bus shelter site; to which the Public Works Director
responded in the affirmative; stated that adopting the criteria
tonight would not imply that all locations meeting the criteria
would have shelters with advertising.
Vice Mayor Daysog inquired what could be done to control the size
of advertisement.
The Public Works Director responded that reducing the 4 foot by 6
foot size has been presented to Lamar; that the response was not an
immediate "no;" staff would have to negotiate with Lamar.
Councilmember Gilmore inquired whether the contract allows buyout
of specific bus shelters if funding sources were found.
The Public Works Director responded in the affirmative; that
although the agreement was for seven years, there was a provision
for a buyout at any time; stated that meetings have been scheduled
with ARTS for the end of March and middle of April to evaluate
their negotiations with donors; that a parallel track could be
pursued ton determine what locations meet the criteria and work
with the vendor on acceptable locations from an advertising
prospective.
Mayor Johnson stated that the reason for postponing the item until
the April 6 Council Meeting was a result of meeting with
representatives from ARTS; postponement would not change the
schedule of having bus shelters in place for next winter; stated
that there was a difference in the cost for buying out versus
installation.
Councilmember Kerr stated that some of the criteria are shelter
dependent; a canopy shelter without advertising might be acceptable
in a residential zone, whereas an advertised shelter would not;
stated that although the criteria states that no advertising
shelters shall be located in the R -5 district, advertisement could
become widely eligible due to adjacent non - residential uses; stated
that she wants to explore canopy shelters.
Councilmember Gilmore inquired what happens to the schedule for
having bus shelters in place by mid - October if item was postponed,
to which the Public Works Director responded the schedule would be
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moved to the beginning of November.
Mayor Johnson inquired whether the schedule assumes that the
Council would use Lamar, to which the Public Works Director
responded in the affirmative.
Councilmember Gilmore inquired whether design decisions are being
made tonight; to which the Public Works Director responded in the
negative; stated shelter design would be considered by the Planning
Board on April 26; the Design Review team would provide input as
well.
Councilmember Matarrese thanked everyone for the healthy debate;
thanked the Transportation Commission and Pubic Works Department;
stated that the Council was committed to having bus shelters in
place before the next rainy season; stated the criteria satisfies
his concern about advertising in the residential areas with the
exception of locating shelters with ads across from schools; the
shelter program deliverable was $200,000 with approximately $14,400
annually; inquired whether said amount was over and above the cost
of maintaining and installing the bus shelters.
The Public Works Director responded in the affirmative; costs are
based upon 40 shelters; there would be a monthly stipend of
approximately $30 per shelter per month that the City would be
receiving from the vendor.
Councilmember Matarrese stated that he assumed that the shelter
advertising would pay for the shelters and maintenance; inquired
whether a zero balance could be reached; with the fewest shelters
with advertising paying for installation and maintenance of the
remainder.
The Public Works Director responded in the affirmative.
Councilmember Matarrese stated that he would be in favor of
approving the criteria tonight if there was a zero sum balance to
have the ads only pay for the shelters; that an alternative would
be that the City pays for the shelter program, which would require
other service cuts.
Vice Mayor Daysog stated since there was community discomfort, that
he supports the Mayor's suggestion for postponement.
Mayor Johnson concurred with Councilmember Kerr in that criteria
could change based upon type of shelter.
Vice Mayor Daysog stated that bus shelters at Atlantic Avenue and
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March 16, 2004
Webster Street and Santa Clara Avenue and Grand Street are terribly
maintained.
Mayor Johnson stated that Council has made a commitment to have
shelters installed by the next rainy season.
Councilmember Gilmore stated discussion was on bus shelter siting
criteria, not design guidelines; that there was a buyout option;
that through the budget sessions in May, the Council, with input
from residents, could discuss funding bus shelters at the expense
of other City services.
Councilmember Gilmore moved approval of the bus shelter siting
criteria.
Councilmember Matarrese seconded the motion, which FAILED by the
following voice vote: Ayes: Councilmembers Gilmore and Matarrese -
2. Noes: Councilmembers Daysog, Kerr and Mayor Johnson - 3.
Councilmember Kerr moved approval of closing the public portion of
the Hearing and having the matter return for Council action on
April 6, 2004.
Under discussion Councilmember Kerr stated that she would like to
give the citizens group a chance to come up with other options; the
siting criteria was very design dependent.
Vice Mayor Daysog seconded the motion which carried by the
following voice vote: Ayes: Councilmembers Daysog, Kerr and Mayor
Johnson - 3. Noes: Councilmembers Gilmore and Matarrese - 2.
(04 -121) Discussion of boat speeding issues on the estuary.
The City Manager stated that the item was being presented for
discussion only; no action was being recommended; there would be
opportunity to provide direction.
Councilmember Gilmore stated that a staff option was to adopt a fee
or surcharge on the rental of the boat slips and landing fees;
inquired whether that would apply to people putting boats in the
water or Marina residents.
The Public Works Director responded both Marina residents and
casual day users.
Councilmember Gilmore stated that charging Marina residents for
enforcement would be comparable to charging homeowners a surcharge
because of burglaries in their neighborhoods.
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Mayor Johnson opened the public portion of the Hearing.
The following speakers urged Council to take action regarding
estuary speeding: David Chamberlin, Alameda; John Knox White,
Transportation Commission; Bill Chase, Ballena Isle Marina; Gerry
Greth, Oakland Yacht Club; Chris Gaskill, Alameda; Scott Fossum,
Alameda; John Beery, Alameda; Elaine Lutz, Grand Marina; Jamie
Rosman, Alameda; Tim Simon, Alameda; Dan DeBardeleben, Alameda;
Bill Smith, Alameda; Jon Spangler, Alameda; and Anne DeBardeleben,
Alameda.
There being no further speakers, Mayor Johnson closed the public
portion of the Hearing.
Councilmember Matarrese suggested contacting the Oakland Police
Chief regarding the matter; stated that the Coast Guard Patrol was
among the offenders of the wake; protection of waterways and the
shoreline was needed; stated safety on the waterfront was priority.
Captain Ojala stated that in the last fifteen months there have
been 53 citations issued; that in addition, there have been 15
warnings; stated that biggest problem at the Police Department was
the ability to staff the boat on a regular basis; that staff
currently attempts to get the boat out at least once a week on
Saturday, and during the summertime, on Saturdays and Sundays for
10 hours a day; that cooperation was needed with other
representatives; stated that education was the key; that efforts
would be made to try to manipulate schedule as staffing permits.
Mayor Johnson stated enforcement does not generate revenue;
requested that staff find out what the fine was and whether the
fine could be increased.
Mayor Johnson inquired whether the speed limit was five miles per
hour; if not, inquired whether the City could make the speed limit
five miles per hour from the turning base; inquired whether the
City could require boat launch licensing or certification;
suggested a team, with the Coast Guard and the City of Oakland, be
created to investigate ways of funding enforcement.
Councilmember Kerr stated that boat owners pay property taxes and
school taxes; berth fees contribute to the large amount of taxes
paid by the owners of the Marina; charging fees for launching was
attractive, but the City would also need to pay for enforcement;
Berkeley has automatic launch gates; suggested review of cost and
security issues; stated that the Sheriff's Department in Newport
Beach enforces the water rules.
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March 16, 2004
The City Attorney noted that Newport Beach has a Marine Department
with two full -time employees.
Councilmember Gilmore inquired when a report could be provided to
Council on suggestions.
The City Manager stated a working group would be formed to identify
solutions and the matter would return to Council with
recommendations within 90 days.
ORAL COMMUNICATIONS, NON- AGENDA
(04 -122) Ed Quezada, Alameda, suggested parking restrictions on
Shoreline Drive be modified.
(04 -123) Bill Smith, Alameda, discussed Alameda.
(04 -124) Robb Ratto, Park Street Business Association, thanked
everyone involved with painting the LinOaks motel.
COUNCIL COMMUNICATIONS
(04 -125) Councilmember Kerr stated neighbors have commented on the
West End Library shrubs being overgrown; requested that staff
review the matter.
ADJOURNMENT
There being no further business, Mayor Johnson adjourned the
regular meeting in memory of Firefighter Richard Stoker at 11:27
p.m.
Respectfully Submitted,
Lara Weisiger
City Clerk
Agenda for meeting was posted in accordance with the Brown Act.
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March 16, 2004