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2001-01-16 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- - JANUARY 16, 2001- -7:30 P.M. Vice Mayor DeWitt convened the Regular Meeting at 7:35 p.m. The Cheetah Girls Soccer Team led the Pledge of Allegiance. Reverend Craig Windham, Central Baptist Church, gave the Invocation. ROLL CALL - Present: Councilmembers Daysog, DeWitt, Johnson, and Kerr - 4. Absent: Mayor Appezzato - 1. AGENDA CHANGES (01 -012) Vice Mayor DeWitt requested that Oral Communications be addressed following the Consent Calendar; and announced that the Resolution Amending Resolution No. 12567, Establishing the Rules of Order Governing the Proceedings and Order of Business of City Council Meetings [paragraph no 01 -034], and the Resolution adopting the Transit First Policy [paragraph no 01 -037] were removed from the Consent Calendar for discussion. Councilmember Johnson moved approval of the remainder of the Consent Calendar; and approval of hearing Oral Communications after Council addresses the Consent Calendar. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 4. [Absent: Mayor Appezzato - 1.1 PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (01 -013) Progress Report on H.O.M.E. Project. Jenna Marsh, Amanda Fenton, Porter Weston and Liz Yosofzay, H.O.M.E. Project, provided handouts to Council; gave a brief history of the Community Build Project; invited Council to the grand opening on March 22; requested Council to: 1) give City employees 4 hours off to work at the community build, and 2) send letters to local contractors suggesting they support the project through donation of labor. Councilmember Johnson stated progress has been made; encouraged families to spend the day volunteering. Councilmember Daysog stated the youth and staff have done a professional job; inquired about the Charter School project. Amanda Fenton, H.O.M.E. Project, stated the possibility of forming a Charter School is being reviewed to continue teaching real world Regular Meeting Alameda City Council 1 January 16, 2001 skills along with conventional education, without going through the public school system. Mike Dunlap, Operating Engineers Local #3, stated there has not been enough adult public participation; the children have done a remarkable job; encouraged Council to consider release time for City employees. (01 -014) Proclamation Declaring January 30, 2001 through April 4, 2001 as "A Season for Non- Violence ". Vice Mayor DeWitt read the Proclamation and presented it to Tom Sartwell. (01 -015) Presentation on "Bienvenidos a la Biblioteca! Welcome to the Library!" Alameda Free Library Outreach Project for the Spanish- Speaking Community. The Library Director and Araceli Quezada, Community Outreach Liaison, gave a presentation on the Spanish- speaking outreach project. AGENDA CHANGES (01 -016) Vice Mayor DeWitt requested that the speakers wishing to address Alameda Hospital Maternity Ward closure under Oral Communications be heard next; requested the City Manager to clarify that Council cannot take action on non - agenda items. The City Manager stated the City Council can: 1) listen to and receive the information being presented without taking any action; 2) direct the matter to the City Manager's office for review and a report back to the City Council; or 3) place the matter on a future Council Agenda for action; further stated no action can be taken on any requests made by speakers this evening. ORAL COMMUNICATIONS, NON- AGENDA (01 -017) Kathleen Valerio, Alameda, stated that she is due with her second child on February 26th; that she switched her doctor and medical health plan specifically to come to Alameda [Hospital]; the announcement of the [Alameda Hospital] maternity ward closure should have been three to six months prior to closure; invited Councilmembers to attend a rally on Saturday, January 20th; further stated that she has suggested revenue generating options, such as allocating space for day care; however, the Board has not provided any opportunity for public input. (01 -018) Harriette Roberts, Alameda, stated all five of her Regular Meeting Alameda City Council 2 January 16, 2001 children were born in Alameda Hospital; there will be no more Alameda birth certificates; Alameda is an island; the tubes could be closed and the bridges up; the City should review the matter. (01 -019) Roxanna Augustine, Alameda Hospital Nurse, discussed the services provided by the Alameda Hospital maternity ward; stated six weeks is a short period of time to give notice to staff and expecting mothers; insurance companies are dictating where people will have babies; the community was not made aware that the maternity unit was a financial drain; more advertising could be done to promote the [maternity] unit. (01 -020) Cathryn Hicks, Alameda Hospital Nurse, stated that she agreed with everything stated; although she commutes to Alameda, she cares about the community. (01 -021) JoAnn Lucero, Alameda Hospital Nurse, stated that she agreed with everything stated. (01 -022) Elizabeth Foster, Alameda Hospital Nurse, stated closing the unit is a disservice to the community and reflects the overall decline in health care. (01 -023) Kevin Reilly, Alameda resident and California Nurses Association Member, stated Alameda Hospital is not supposed to operate for profit; other units which are not making money could be lost over time; the City Council should seek answers to questions regarding the Hospital finances; the closure is due to market driven health care; hopefully, physicians are not benefiting from closure; the [Hospital] Board of Trustees should be questioned; there will be additional Emergency Medical Services (EMS) costs to the City; thanked Councilmembers Johnson and Kerr for attending the rally. (01 -024) Cecelia Wavrick, California Nurses Association, stated the City Council should take [maternity ward] closure seriously; there could be a gradual dismantling of the [Alameda] Hospital; urged Council to attend the rally on Saturday. (01 -025) Surinda Grewal, Alameda Hospital Nurse, stated mothers due next month should be permitted to deliver their babies at Alameda Hospital. (01 -026) Thomas Quinn, Alameda, stated he is in the Air Force; his wife is pregnant and due February 3rd, three days after the January 31st cut -off; there are 437 military families in the area; there will be new housing at the former Naval Air Station; families and companies might not want to relocate to Alameda if there is not a full service hospital; the tubes close every night from 9:00 p.m. Regular Meeting Alameda City Council 3 January 16, 2001 to 6:00 a.m. and the bridges go up; some women deliver in half an hour. (01 -027) Lisa Rich, Alameda, requested Council to try to convince the [Alameda Hospital] Board of Trustees to reconsider its decision [to close the Maternity Ward] ; stated there are sentimental and practical reasons not to close the maternity ward; the unit has been losing money for several years and previous administrators did not believe closing the unit was a good idea; the population of Alameda is growing, not shrinking; there will be new development at Alameda Point; as the [former] Base is redeveloped, the need for a maternity ward will increase. (01 -028) David O'Neill, Chief Executive Officer, Alameda Hospital, stated the Board of Trustees' decision to close the Hospital's maternity service effective January 31, 2001 was painful; six years of the past eleven years, less than one baby was born per day at Alameda Hospital; the most recent County statistics, from 1998, indicate there were approximately 800 babies born to Alameda residents, and 2 out of 3 Alameda residents delivered their babies outside of Alameda; last year, there were only 267 births at Alameda Hospital; there are not enough births at Alameda Hospital to maintain an economically viable maternity service; the maternity service has operated with significant losses for several years; in 2000, the loss was approximately $885,000 on direct costs alone; in the past, the Hospital was able to subsidize losses, but to remain economically viable, can no longer do so; the Hospital lost money in 1999 and 2000; physicians presently using Alameda Hospital plan to continue providing pre- natal, maternity and pediatric care to the community; arrangements have been made with Alta Bates and Summit [Hospitals] regarding the care of maternity patients; Alameda Hospital will continue to provide a range of women health services, as well as other services essential to the community, e.g. emergency care, surgery, acute in- patient care, and diagnostic services. (01 -029) Councilmember Kerr requested the City Manager to explore options available to the City Council, determine if there is any action which can be taken, and report back to Council. AGENDA CHANGES (01 -030) Councilmember Daysog requested that the Regular Agenda precede the two items which were removed from Consent Calendar for discussion. REGULAR AGENDA ITEMS (01 -031) Public Hearing to consider a Call for Review of the Regular Meeting Alameda City Council 4 January 16, 2001 Planning Board's approval of Use Permit UP -00 -29 to renew and amend a previous Interim Use Permit for athletic fields to be used 9:00 a.m. to dusk, seven days a week, except that the last game may not start after 5:00 p.m., and related Resolution. The property is located at 1951 Main Street, Alameda Point, within the M -2(G) General Industrial /Special Government Combining Zoning District. Applicant: City of Alameda. Call for Review: Councilmember Kerr. (01 -031A) Resolution No. 13309, "Sustaining the Planning Board Approval of Use Permit UP- 00 -29, and Amending Use Permit UP- 95 -19, 1951 Main Street, Alameda Point, for Athletic Fields for City of Alameda Recreation and Park Department and Alameda Reuse and Redevelopment Authority." Adopted. Councilmember Kerr stated that she called the matter for review because issues need to be discussed; problems could have been avoided if [City] staff had not dropped implementation of the Inner Harbor Interim Leasing Committee; the Planning Board approved formation of said Committee in May, 1999 after staff attempted to move in a sea -going container operation; activities in the area, including the soccer field, were supposed to be sent to the Committee; the Committee could have been a forum for interested groups to discuss issues in an on -going basis; Woodstock neighbors have provided a compromise offer on the Use Permit; the soccer people have ideas on noise mitigation; the two groups are willing to work together and should have had the forum to do so; soccer speakers should expand on noise mitigation ideas; the neighborhood should comment on Use Permit compromises; in April, 1999 the Recreation and Park Department sent a letter to Woodstock neighbors memorializing an agreement between soccer players and the neighborhood; the neighbors agreed to drop opposition to Use Permit extension because of the settlement reached on playing times and days; the two groups came to an agreement; seven months later, the neighbors received three days notice that the matter was going to the Planning Board, and staff was suggesting that the agreement be overturned; the finding that there is no noise impact has been made without any measurement effort; sound reflection from Building 360 should be settled objectively; measurements should be taken. The City Manager stated staff would address the Inner Harbor Interim Leasing Committee following the public testimony. Vice Mayor DeWitt announced that due to the large volume of speakers, each speaker would be limited to two minutes; opened the public portion of the Hearing. Proponents (In favor of Use Permit): Horst Breuer, Planning Board; Dan Shaw, Alameda Soccer Club; Regular Meeting Alameda City Council 5 January 16, 2001 Nino Borsoni, Alameda Soccer Club; Chris Murray, Jack London Soccer League; Joe Mariscal, Encinal High School; John Platt, Encinal Junior Varsity Soccer Team; Elizabeth Murray, Alameda Soccer League Player; Ron Matthews, Alameda Little League; Ashley Wilson, Alameda Soccer League Player; Arianna Borsoni, Alameda Soccer League Player; Susan Serrventi, Alameda; Al Mullendore, Alameda; Jay Taylor, Alameda Soccer Club; Marilyn Ezzy Ashcraft, Alameda; and Lil Arnerich, former Councilmember. Opponents (Opposed to Use Permit): Jon Spangler, Alameda; Jennifer Calderon, Alameda; Al Claderon, Alameda; [wife, Jennifer Calderon, commented on his behalf] Kathleen Jensen, Alameda; Jean Sweeney, Alameda; Jim Sweeney, Alameda; and Jenny Curtis, Alameda. There being no further speakers, Vice Mayor DeWitt closed the public portion of the Hearing. The Assistant City Manager, Community and Economic Development, stated the Inner Harbor Planning Committee was initiated by the Planning Board in mid -1999, however, formation was not completed; the Committee has not met because the Planner assigned to staff the Committee left; due to the tight labor market, the City has been unsuccessful in replacing the Planning Department employee; there have been multiple recruitments; workload has expanded; the Planning Director and staff were unable to get all of the workload for the last 18 months executed; certain tasks had to be deferred; City staff supporting the Alameda Reuse and Redevelopment Authority (ARRA) leasing program were directed not to initiate additional leases for new uses with outdoor impact in the southeast portion of Alameda Point; the only items which have come to the Planning Board are extensions of existing uses; further stated the area noticed has been expanded to beyond 300 feet for all uses in the southeast portion of Alameda Point. Councilmember Kerr inquired whether a school was leasing the field which is enclosed on three sides by the Bachelors' Enlisted Quarters. The Assistant City Manager, Community and Economic Development Regular Meeting Alameda City Council 6 January 16, 2001 responded in the affirmative; stated the lease is year -to -year. Councilmember Kerr stated Council and ARRA could review leasing out play space [to agencies outside of Alameda] when Alameda children are in need of play space; the Inner Harbor Interim Leasing Committee is a matter of setting priorities; projects, such as Kaufman & Broad (Marina Cove), moved forward without Kaufman & Broad owning the land; planning committees which would provide an opportunity for neighbors to work out problems are not being implemented; neighborhood input is important. Vice Mayor DeWitt requested the Planning Director to explain the Use Permit. The Planning Director stated the Planning Board approved the use of the field for athletic use, not limited to soccer, starting at 9:00 a.m. with the last organized sports game not commencing after 5:00 p.m.; the Applicant, the City's Recreation and Park Department, is required to identify eight weeks to recondition the field each year, which would provide a quiet period for neighbors. Councilmember Kerr stated speaker Jenny Curtis suggested a compromise to extend the Use Permit to December 1, 2002, which would allow children to finish the fall schedule next year; the City should provide an expert acoustical study of the entire field topography and the impact of Building 360; there should be a sound study. Councilmember Kerr further stated [moved that] the City should extend the Use Permit for two years; during said period, the City should measure the sound and come up with plans, which would probably include planting, to mitigate sound from the soccer field. Vice Mayor DeWitt inquired whether Councilmember Kerr was making a motion. Councilmember Kerr responded in the affirmative. Vice Mayor DeWitt inquired whether there was a second to the motion. MOTION FAILED DUE TO LACK OF A SECOND. Councilmember Johnson stated there are over 1,300 children and 100 coaches in the [soccer] program; the field is further from homes than other fields in Alameda, e.g. Rittler Park, Woodstock Park, Thompson Field, Tillman Park, Doc Harrington Park, Lincoln School, Lincoln Park, Krusi Park, Godfrey Park, and Franklin Park; on the City's waterfront access trails, people walk right behind Regular Meeting Alameda City Council % January 16, 2001 residential backyards; impacts are mitigated to the best extent possible; other parks, e.g. Leydecker, have lights and games which go as late as 10:00 p.m. Councilmember Johnson moved adoption of the Use Permit as approved by the Planning Board [adoption of the Resolution Sustaining the Planning Board Approval of Use Permit UP- 00 -29, and Amending Use Permit UP- 95 -19, 1951 Main Street, Alameda Point, for Athletic Fields for City of Alameda Recreation and Park Department and Alameda Reuse and Redevelopment Authority]. Councilmember Daysog stated the noise problem seems to be parents getting excited; rather than an acoustical study, the Recreation and Park Director should make recommendations on how the adults can temper themselves during games; the space should be reserved for children. Councilmember Daysog seconded the motion. Under discussion, Vice Mayor DeWitt inquired whether Councilmember Daysog was amending the motion to include that the Recreation and Park Director should work on the noise problem with the neighbors and parents. Councilmember Daysog responded his request did not need to be included in the motion; stated that he is requesting the Recreation and Park Director to review the behavior of parents and provide recommendations, e.g. larger signage. The City Manager stated staff will follow through and work with the neighbors and soccer club. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Daysog, DeWitt and Johnson - 3. Noes: Councilmember Kerr - 1. Absent: Mayor Appezzato - 1. (01 -032) Ordinance No. 2852, "Approving and Authorizing the Execution of an Easement Between the United States of America, Acting By and Through the United States Coast Guard, Commander, Maintenance and Logistics Command Pacific, as Grantee, and the City of Alameda, as Grantor, for the Purposes of Constructing, Using, Operating, Maintaining, Repairing, Replacing, Restoring, and Reconstructing a Causeway for Access to Coast Guard Island." Finally passed; and (01 -032A) Resolution No. 13310, for the Granting of an Easement Existing Bridge to Coast Guard Regular Meeting Alameda City Council January 16, 2001 "Adopting a Negative Declaration Related to the Replacement of the Island." Adopted. i Councilmember Kerr moved final passage of the Ordinance. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 4. [Absent: Mayor Appezzato - 1.] The Planning Director stated Council must complete environmental review and adopt the Resolution to grant the Negative Declaration for the Coast Guard Island Bridge. Councilmember Kerr moved adoption of the Resolution. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 4. [Absent: Mayor Appezzato - 1.] CONSENT CALENDAR [See Agenda Changes Paragraph No. 01 -012 for the motion to accept the Consent Calendar.] ( *01 -033) Minutes of the Special and Regular City Council Meetings held on December 19, 2000 and January 2, 2001. Approved. (01 -034) Resolution No. 13304, "Amending Resolution No. 12567, Establishing the Rules of Order Governing the Proceedings and Order of Business of City Council Meetings by Repealing Section 1(c) of the City Council Rules of Order." Adopted. Councilmember Kerr stated that when a matter is appealed or called for review, Councilmembers cannot discuss the issue; said rule has limited Councilmembers' ability to obtain information; now, Councilmembers will be able to discuss matters with people involved, educate themselves, and even bring people together. Councilmember Kerr moved adoption of the Resolution. Councilmember Johnson seconded the motion which carried by unanimous voice vote - 4. [Absent: Mayor Appezzato - 1.] ( *01 -035) Resolution No. 13305, "Authorizing Application for a Transportation Community and System Preservation Grant for Smart - Growth Transportation Implementation Plan Integrating Military Reuse and Community and Development Conversion Strategies." Adopted. ( *01 -036) Resolution No. 13306, "Authorizing the City Manager to Negotiate in the Open Market and Execute a Contract Pursuant to Section 3 -15 of the City Charter for Annual Sewer Point Repairs and Asphalt Concrete Pavement Replacement, No. P.W. 09- 00 -12." Adopted. Regular Meeting Alameda City Council 9 January 16, 2001 (01 -037) Resolution No. 13307, "Adopting the Transit First Policy for the City of Alameda." Adopted. Jon Spangler, Alameda Transit Advocates, stated the General Plan Update should include a strong transit first element. Councilmember Daysog requested information on the process for the elimination of bus stops; inquired whether the decision would be made by the City Council. Vice Mayor DeWitt responded in the affirmative. Councilmember Daysog stated that he did not need a response tonight; that he would like an understanding of the theory on elimination of bus stops. The City Manager inquired whether Councilmember Daysog would like a report on the matter. Councilmember Daysog responded that he would e -mail his questions [to staff] to focus the Report. Vice Mayor DeWitt stated public hearings are being held on the elimination of bus stops. The Deputy Public Works Director stated the matter was heard at the January Public Transit Committee (PTC) Meeting and was held over to the February PTC Meeting; the PTC's recommendation will go to the Transportation Advisory Committee, then to Council for final adoption. Councilmember Johnson stated notices have been placed at bus stops and on buses; there has been a significant amount of public comment; suggested the City's consultant contact Councilmember Daysog. Councilmember Daysog moved adoption of the Resolution. Councilmember Johnson seconded the motion which carried by unanimous voice vote - 4. [Absent: Mayor Appezzato - 1.] ( *01 -038) Resolution No. 13308, "Resolution of Intention to Approve an Amendment to Contract Between the Board of Administration of the California Public Employees' Retirement System and the City Council of the City of Alameda." Adopted; and ( *01 -038A) Introduction of Ordinance Authorizing Amendment to Contract Between the Board of Administration of the California Public Employees' Retirement System and the City Council of the Regular Meeting Alameda City Council 10 January 16, 2001 City of Alameda. Introduced. ( *01 -039) Ratified bills in the amount of $2,358,215.09. COUNCIL COMMUNICATIONS (01 -040) Councilmember Kerr stated that she attended a League of California Cities (LOCO) conference last week; a court ruling on Proposition 13 gave the State control of the distribution of property taxes; the State shifted a great amount of property taxes to schools, which is known as the ERAF shift; the City of Alameda loses $3.5 Million every year due to the ERAF shift; the LOCO is discussing a [State] Constitutional Amendment in two years to return the control of property taxes to cities; currently, the City of Alameda only keep 260 of property taxes outside of redevelopment areas; further stated the voters passed a [State] Constitutional Amendment that Vehicle License Fees would go almost entirely to local jurisdictions; [State] elected officials reducing the Vehicle License Fee actually enforced a tax cut to cities; urged residents to support the movement to give local control back to the City. (01 -041) Vice Mayor DeWitt announced that at the request of the Applicant, the Public Hearing to consider an Appeal of the Planning Board's denial of revisions to the Wienerschnitzel project at 1700 Webster Street was re- scheduled for the Regular Council Meeting of February 20, 2001. (01 -042) Vice Mayor DeWitt announced that the Mayor was not present because he was attending the U.S. Conference of Mayors' in Washington D.C. ADJOURNMENT There being no further business, Vice Mayor DeWitt adjourned the Regular Meeting at 10:33 p.m. Respectfully submitted, Diane B. Felsch, CMC City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council 1 1 January 16, 2001