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2001-12-04 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - DECEMBER 4, 2001 - - 7:30 P.M. Mayor Appezzato convened the Regular City Council Meeting at 7:37 p.m. Councilmember Johnson led the Pledge of Allegiance. ROLL CALL - Present: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS None. CONSENT CALENDAR Mayor Appezzato announced that the recommendation to adopt Plans and Specifications and authorize Call for Bids for the Audible Signals Project [paragraph no. 01 -621] and the recommendation to award Contract in the amount of $550,550 to BBI Construction [paragraph no. 01 -622] were removed from the Consent Calendar for discussion. Councilmember Kerr moved approval of the remainder of the Consent Calendar. Vice Mayor DeWitt seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *01 -619) Minutes of the Special City Council Meeting held on November 13, 2001 and Regular City Council Meeting held on November 20, 2001. Approved. ( *01 -620) Recommendation to award Towing Contract (MSP 9 -01 -1) to Ken Betts Towing and Abandoned Vehicle Towing Contract (MSP 9 -01 -2) to A & B Towing. Accepted. (01 -621) Recommendation to adopt Plans and Specifications and authorize Call for Bids for the Audible Signals Project, No. P.W. 04- 01 -13. Regular Meeting Alameda City Council 1 December 4, 2001 Councilmember Daysog moved approval of the staff recommendation with the suggestion that when additional locations are considered in the future, the intersection of Webster Street and Atlantic Avenue be placed high on the list. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. (01 -622) Recommendation to award Contract in the amount of $550,550 to BBI Construction for Mastick Senior Center Heating Ventilation and Air Conditioning Project, No. P.W. 10- 00 -17; and allocate $105,550 in General Fund Reserves to the project. Councilmember Kerr stated the project has been delayed due to reluctance to put $1� Million into a building the City did not own; the City recently took title to the Mastick Senior Center; at last, the seniors will have a decent heating and ventilation system. Councilmember Kerr moved approval of the staff recommendation. Councilmember Daysog seconded the motion. Under discussion, Mayor Appezzato stated the agreement transferring title of Mastick Senior Center included the City giving the School District 20 acres of land at the former Navy Base [Alameda Point] and agreeing to more than double school impact fees for every new home built. On the call for the question, the motion carried by unanimous voice vote - 5. ( *01 -623) Resolution No. 13415, "Approving Final Map and Bond, Authorizing Execution of Subdivision Improvement Agreement and Accepting Dedications and Easement Vacations for Tract 7170 (Marina Cove - KB Home)." Adopted; ( *01- 623A)Resolution No. 13416, "Determining to Undertake Proceedings for the Formation of a Maintenance Assessment District Pursuant to Chapter III, Article V, of the Alameda Municipal Code (The City of Alameda Maintenance Procedure Code)." Adopted; and ( *01- 623B) Resolution No. 13417, "Appointing an Engineer and an Attorney for City of Alameda Maintenance District 01 -l." Adopted. ( *01 -624) Resolution No. Submit an Application for Safe Neighborhood Parks, 13418, "Authorizing the City Manager to the Per Capita Grant Program Under the Clean Water, Clean Air, and Coastal Regular Meeting Alameda City Council 2 December 4, 2001 Protection Bond Act of 2000." Adopted. ( *01 -625) Resolution No. 13419, "Authorizing Open Market Purchase from Allied Sweepers, Inc. City Charter for Purchase Equipment." Adopted. Pursuant to Section 3 -15 of the Alameda of "Green Machine" Sidewalk Cleaning ( *01 -626) Recommendation to overturn the Transportation Advisory Committee's Denial of the request to designate Two Parking Spaces for Official Vehicle Use at the Historic Alameda High School for "AUSD Superintendent" and "School Board Member;" and ( *01 -626A) Introduction of Ordinance Amending the Alameda Municipal Code by Amending Subsection 8 -8.4 (Official Vehicles Designated Areas) of Section 8 -8 (General Parking Regulations) of Chapter VIII (Traffic and Motor Vehicles) Relating to Parking Spaces on Central Avenue at Historic Alameda High School. Introduced. ( *01 -627) Introduction of Ordinance Approving and Authorizing the Execution of First Amendment to Lease Agreement Between the United States of America, as Lessee, and the City of Alameda, as Lessor, to Reduce the Leased Premises Located at Coast Guard Island from 4.37 Acres to 0.015 Acres. Introduced. ( *01 -628) Ratified Bills in the amount of $1,824,323.61. REGULAR AGENDA ITEMS (01 -629) Introduction of Ordinance Approving and Authorizing a Multiple Site Lease Agreement Between the City of Alameda and American Tower Corporation for Development and Operation of Wireless Telecommunication Facilities on City Property, Including One Site Each at the Chuck Corica Golf Complex, Fire Station #4 and Washington Park. Introduced. Steven Gerstle, Green Party, urged Council to refrain from approving any project which includes placing towers in City parks; stated City parks are purposely protected from commercial development for the recreational enjoyment of residents. Mayor Appezzato noted there were many public meetings to address the proposed towers. Robb Ratto, Park Street Business Association (PSBR), urged Council to approve the staff recommendation; stated PSBR receives many complaints about cellular phones getting cut off; also, emergency services must be able to use cellular services. Regular Meeting Alameda City Council 3 December 4, 2001 Bill Stephens, American Tower Corporation, thanked staff and stated that he was available to answer questions. Harry Hartman, Alameda, stated cellular phones cutting off is unprofessional; people should be able to dial 9 -1 -1 from anywhere on the Island; victims in New York used cellular phones to talk to their families during the disaster and cellular phones were used during the relief effort. Tom Eelkema, Oakland, stated that he is in yacht sales at Ballena Bay; a problem he has experienced has been cellular call dropping when someone bringing in a boat gets lost or has engine problems; urged Council to approve the staff recommendation; submitted two letters in support of the recommendation. Mike Behm, Alameda, stated that his cellular phone does not work at his home on Central Avenue between Fernside Boulevard and High Street, or at his business at the former Navy Base [Alameda Point]; urged Council to approve the staff recommendation. Rod M. Scott, Alameda, stated that he is a private investigator in Alameda and relies on his cellular phone to communicate with clients; urged Council to vote to increase coverage in Alameda. Janice Graham, Alameda, urged Council to adopt the ordinance to provide [cellular phone] coverage. Tom Pavletic, Alameda, stated the Lease Agreement allows the City Manager to approve additional towers without Council approval; the City Council should review said approach and revise the [Lease] section to require all towers be approved by Council. Mayor Appezzato inquired whether the City Manager could put towers anywhere he desired. The Assistant City Manager, Operations, responded that the Multiple -Site Lease Agreement provides that the City Manager is empowered to include additional sites, as long as it meets the four criteria: 1) [land area] less than 2,000 square feet; 2) building [footprint] not larger than 1,000 square feet; 3) installation does not have a significant visual impact; and 4) the project is Categorically Exempt under the California Environmental Quality Act. Mayor Appezzato inquired whether the matter was reviewed by the Planning Board, to which the Assistant City Manager, Operations, responded in the affirmative. Donna Milgram, Institute for Women in Trades, Technology and Regular Meeting Alameda City Council 4 December 4, 2001 Science, stated that she travels with heavy equipment, e.g. laptop, projector; if her taxi does not arrive to take her to the airport, she has to carry all her luggage back upstairs to call the taxi company because her cellular phone does not work; the City should move forward with more towers. Jack Bolander, Ballena Isle Marina, stated Ballena Isle Marina does not have cellular phone reception; boaters must get land - lines; adopting the ordinance would greatly help his business and all businesses in Alameda. John Durant, Club Nautique, stated "ditto" to previous speaker's comments supporting cellular towers. Emily Ruoss, Alameda, stated that she supports all that has been said in favor of towers. Kathleen Patrick, Alameda, stated cellular phones are critical; urged Council to support the staff recommendation. Moira Fossum, Alameda Chamber of Commerce, stated "ditto" to previous speaker's comments supporting cellular towers. Councilmember Kerr stated that Section 2 of the Multiple -Site Lease Agreement authorizes the City Manager to approve additional sites which meet the criteria; the City Attorney and Planning Director confirmed that most sites would require a Use Permit or Design Review; however, neither has an absolute requirement to be brought to the Planning Board; when Council previously addressed the matter, Councilmembers agreed that the public should be notified and public hearings should be held when additional sites are selected; in order to ensure that there is a hearing, Section 2 [of Lease] could be eliminated or a Section could be added [to Lease] requiring that any additional sites to be brought to the Planning Board as a matter of Major Design Review. Councilmember Kerr moved approval of the Multiple -Site Lease Agreement [including, finding proposed Lease Agreement statutorily exempt under CEQA guidelines and approving Lease Agreement by introducing ordinance] with the addition of a requirement that additional sites be brought to the Planning Board as a matter of Major Design Review. Councilmember Daysog stated that during the previous Council discussion, health issues were of concern; requested the City's medical expert to review health related issues. The Assistant City Manager, Operations, stated Dr. Bushberg from Regular Meeting Alameda City Council 5 December 4, 2001 University of California, Davis, was present. Mayor Appezzato requested Dr. Bushberg to explain how safe or unsafe the towers are; stated that he was told there are more problems with televisions, radios and other devices in homes. Councilmember Daysog inquired whether the testimony provided by Dr. Bushberg would be given freely and via contract with the City of Alameda, to which Mr. Bushberg responded in the affirmative. Councilmember Daysog inquired whether testimony would be from Dr. Bushberg's expert standpoint regarding health related issues, to which Dr. Bushberg responded in the affirmative. Councilmember Daysog requested Dr. Bushberg to describe the threshold for radio frequency emissions and the health risks. Dr. Bushberg, U.C. Davis, stated reports prepared by the consulting firm of Hammet & Edison provided a worst case estimate of the maximum exposure from radio frequency waves; compared to allowable public exposure limits established by the Federal Communications Commission (FCC), maximums were less than to of the FCC's allowed limit; the FCC' s limit is set at a limit 50 times below a level that is thought to be potentially hazardous; Hammet & Edison's estimate is 200 times lower than the FCC's maximum allowed public exposure limit and about 10,000 times lower than the level thought to be potentially hazardous for human exposure. Councilmember Daysog thanked Dr. Bushberg for his sworn testimony; stated residents should feel safe that the towers will not have harmful health effects. Councilmember Johnson requested staff to comment on whether Councilmember Kerr's recommendation has a significant impact. The Economic Development Manager stated the intent of the provision [Section 2 of the Lease Agreement] was that any site would be consistent with existing zoning and planning requirements; the provision provides the City Manager the opportunity to approve projects in the same expedited process that a single carrier would face after the application goes through the normal planning process. Councilmember Johnson stated American Tower will face different standards than other companies; there should be consistency; another corporation should not have an advantage. Councilmember Kerr stated the motion could be amended; inquired Regular Meeting Alameda City Council 6 December 4, 2001 what would not be consistent. Councilmember Johnson stated another company could propose a tower without having to go to the Planning Board. The City Attorney stated an existing ordinance gave the City Manager discretion [over installation of towers], where the maximum footprint is 400 square feet; American Tower could apply to have a smaller facility under the existing ordinance. Mayor Appezzato stated if a project exceeds 400 square feet, Councilmember Kerr would like the matter to be addressed by the Planning Board. The City Attorney stated Council can establish two procedures based upon size: 400 square feet or less would be permitted under the existing ordinance, while 2,000 square foot would be permitted under the proposed ordinance. Councilmember Kerr stated tower height can be 120 feet, which impacts beyond the immediate adjacent property; towers could be installed in a manufacturing zone, which might be adjacent to homes; inquired whether all additional towers over a certain height could require Planning Board review. Mayor Appezzato inquired whether the requirements could be consistent; and whether the applicant agreed to the requirement. The City Attorney stated Ordinance No. 2843 would have to be placed on an agenda for amendment; said ordinance includes a maximum footprint square footage, not height criteria; Council could establish a height criteria in the proposed ordinance and direct that height criteria be established in Ordinance No. 2843, which could return to Council for amendment; Council does not have the authority to amend Ordinance No. 2843 tonight, because it is not on the agenda. Councilmember Kerr amended the motion to include direction that Ordinance No. 2843 be brought back to Council to be made consistent with the proposed ordinance. The City Manager stated consistency is not needed between the two ordinances, because they address two different issues; suggested that Council act on the proposed ordinance tonight, including modifications; further stated if Council wishes to address the other issue [amendment to Ordinance No. 2843], the matter can be brought back; however, it [Ordinance No. 2843] has been fine as in place. Regular Meeting Alameda City Council 7 December 4, 2001 Councilmember Johnson stated the motion should not include action on another ordinance. Councilmember Kerr withdrew her amendment to the motion; requested that Ordinance No. 2843 be placed on the agenda for Council review. Councilmember Kerr restated the motion: moved approval of the staff recommendation [find proposed Lease Agreement statutorily exempt under CEQA guidelines and approve Lease Agreement by introducing ordinance] with additional language [in the Lease Agreement] that any additional sites be brought to the Planning Board via Design Review. Councilmember Johnson stated the criteria address the community's concerns; cellular phone service is horrible; the City needs to move forward; thanked American Tower for working with the community. Mayor Appezzato inquired whether the Applicant agreed to having additional towers reviewed by the Planning Board. Bill Stephens, American Tower Corporation, responded in the affirmative; stated that he agreed to the amendment. Mayor Appezzato stated $1 Million will be generated in revenue for the City over a 10 -year period. Councilmember Daysog seconded the motion. Under discussion, Mayor Appezzato stated that Council received over two dozen e -mails and telephone messages supporting the project and only one opposed. Councilmember DeWitt inquired when other towers would be installed. Mr. Stephens stated after transitional issues between Alameda Reuse and Redevelopment Authority and the Master Developer [Alameda Point Community Partners (APCP)] are resolved, a tower can be discussed for Alameda Point; Council is approving three sites; another site was approved unanimously by the School Board last week; after cellular providers complete engineering, refinements can be made to provide a complete, comprehensive network. Councilmember Kerr stated the largest tower in town is Nextel's tower at Alameda Point; however, right under the tower, there is no reception; tall towers do not ensure good reception; noted each tower would have a maximum of four or five carriers. Regular Meeting Alameda City Council 8 December 4, 2001 Councilmember Johnson urged residents having trouble with reception to contact their carriers; inquired when towers at Alameda Point could be planned. The City Manager stated a property management agreement and Exclusive Negotiation Agreement (ENA) with the Master Developer [APCP] will be provided to the City Council by the second meeting in January; after which, American Tower could begin negotiations with APCP. On the call for the question, the motion carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON- AGENDA (01 -630) Jeff Cambra, Alameda, stated Alameda needs a Medical Facility on the Island to deal with emergency situations and natural disasters; in April, there will be a vote on all -or- nothing hospital funding; a viable alternative to indefinite funding is to have the City Council develop a competing measure, which would provide funding from property tax dollars and have an expiration date; urged Council to protect the medical and financial interests of the community. Vice Mayor DeWitt requested the City Manager to contact Mr. Cambra. (01 -631) Mark Zou, Alameda, urged Councilmembers to provide their opinion on Falun Gong; submitted a letter to Council. (01 -632) Tom Pavletic, Alameda, stated that on Tuesday, December 11, 2001, the Local Agency Formation Commission (LAFCO) will hear an application from Alameda Hospital to form a Health Care District and impose a parcel tax; recommended that the City Council form a Citizens Advisory Committee to review the financial situation of the Hospital, the level of service which is provided, who uses the services and how different outcomes proposed in the Hospital's application to LAFCO could be affected by different financial situations; urged the City Council to ensure people understand the issues which will be voted upon in April. Councilmember Kerr requested the LAFCO hearing date be provided to Council. (01 -633) Robb Ratto, Park Street Business Association (PSBR), thanked the City Council for approving the purchase of a Green Machine [paragraph no. 01 -6251; stated PSBR hired a staff member to provide maintenance services. Regular Meeting Alameda City Council 9 December 4, 2001 COUNCIL COMMUNICATIONS (01 -634) Mayor Appezzato stated that he wrote a letter to President Matt Williams of AC Transit and President Willie Kennedy of BART regarding enhancing paratransit service to all senior centers. (01 -635) Councilmember Kerr announced that the new ferry vessel, the M.V. Peralta, is now in service. (01 -636) Councilmember Johnson noted that the City is painting street posts and crosswalks on Park Street and throughout the City. ADJOURNMENT There being no further business, Mayor Appezzato adjourned the Regular Meeting at 8:43 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 10 December 4, 2001