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2003-02-18 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- - FEBRUARY 18, 2003- -7:30 P.M. Mayor Johnson convened the Regular Meeting at 7:34 p.m. ROLL CALL - Present: Councilmembers Daysog, DeWitt, Kerr, Matarrese, and Mayor Johnson - 5. Absent: None. AGENDA CHANGES (03 -054) Mayor Johnson announced that the Resolution Supporting the Funding of Future Alameda Ferry Service [paragraph no. 065] would be continued to March 18, 2003. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (03 -055) Presentation by Linda A. Diers, National Director of the U.S. Navy League, awarding the "Beautiful Bowl" to the City of Alameda. On behalf of Rear Admiral W. Cylde Marsh, Ms. Diers presented a reproduction of the Truxton Bowl to Alameda for being a great Navy town. (03 -056) Proclamation declaring January 30, 2003 to April 4, 2003 as a Season for Nonviolence. Mayor Johnson read the proclamation and presented it to Tom Sartwell. CONSENT CALENDAR Mayor Johnson announced that the recommendations to amend Fiscal Year 2002 -03 Capital Improvement Program [paragraph no. 03 -060], to approve HOME Loan to Resources for Community Development [paragraph no. 03 -062], to adopt Traffic Calming Objectives, Procedures and Strategies [paragraph no. 03 -063], and the Ordinance Amending Alameda Municipal Code by Amending Subsection 8 -8.1 were removed from the Consent Calendar for discussion. Councilmember Kerr moved approval of the remainder of the Consent Calendar. Regular Meeting Alameda City Council 1 February 18, 2003 Councilmember DeWitt seconded the motion, which passed by consensus. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *03 -057) Minutes of the Special and Regular City Council Meetings held on February 4, 2003. Approved. ( *03 -058) Recommendation to accept Quarterly Investment Report for Period Ending December 31, 2002. Accepted. ( *03 -059) Recommendation to accept Quarterly Financial Report for Period Ending December 31, 2002 including Midyear Adjustments. Accepted. (03 -060) Recommendation to amend Fiscal Year 2002 -03 Capital Improvement Program to include additional projects. Vice Mayor Daysog stated the City is expanding the Capital Improvement Program (CIP) by $2.2 million; suggested an Ad Hoc Committee be formed to provide input and help prioritize projects; stated the committee should be comprised of businesses and residents appointed by Council. The City Manager noted that a new CIP process was implemented to improve community outreach. Councilmember Daysog stated that Council should receive information directly from a CIP Committee similar to how Council receives information from the Planning Board. Councilmember Kerr inquired whether CIP projects are approved by the Economic Development Commission, to which the City Manager responded in the affirmative. Vice Mayor Daysog requested staff to provide Council with recommendations on how the CIP process would involve more residents at a future meeting. Councilmember DeWitt inquired whether there is a CIP project regarding AC Transit bus stops, shelters, and benches, to which the Public Works Director responded in the affirmative. Councilmember Matarrese inquired whether the addition of $50,000 for sidewalk repair program design includes implementing flexible sidewalk material. The Supervising Civil Engineer responded in the affirmative. Councilmember Matarrese requested residents in the sidewalk design Regular Meeting Alameda City Council 2 February 18, 2003 test area be notified before the project commences. Vice Mayor Daysog moved approval of the staff recommendation. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. ( *03 -061) Recommendation to accept Quarterly Sales Tax Report for Period Ending December 31, 2002 for Sales Transactions in the Third Calendar Quarter. Accepted. (03 -062) Recommendation to approve HOME Loan to Resources for Community Development (RCD) for 52 -Unit Rental Housing Project; and authorize City Manager to Negotiate and Execute Agreement and Related Documents. Councilmember Kerr stated the originally planned 60 homeownership units were cut down to 10 homeownership units; that she does not support the staff recommendation. Vice Mayor Daysog moved approval of the staff recommendation. Councilmember DeWitt seconded the motion. Under discussion, Councilmember DeWitt stated financial constraints required reducing the number of homeownership units. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmember Daysog, DeWitt, Matarrese and Mayor Johnson - 4. Noes: Councilmember Kerr - 1. (03 -063) Recommendation to adopt Traffic Calming Objectives, Procedures and Strategies and allocate $125,000 in Measure B Funds for the Traffic Calming Program. Vice Mayor Daysog thanked the Public Works staff for their work on the Traffic Calming Program; noted the recommendations address areas surrounding schools and senior centers. Vice Mayor Daysog moved approval of the staff recommendation. Councilmember Kerr seconded the motion. Under discussion, Councilmember Matarrese stated that he is pleased with the program's recommended objectives; stated the appeal process for the Transportation Technical Team (TTT) seems unusually restrictive; the Alameda Municipal Code indicates that the only ground for appeals are: if due process is not followed or if there Regular Meeting Alameda City Council 3 February 18, 2003 is new evidence; the process is out of alignment with other Boards and Commissions; requested that Council address the matter and revise the process to be more in line with other Boards and Commissions. The City Manager responded that staff would provide Council with a summary of the actions regarding said appeal process and that he would review the matter with Councilmember Matarrese. Councilmember Kerr noted that she was planning to raise the TTT appeal issue under discussion of the Ordinance Amending Alameda Municipal Code by Amending Subsection 8 -8.1; stated that people should have the right to appeal. On the call for the question, the motion carried by unanimous voice vote - 5. ( *03 -064) Resolution No 13556, "Authorizing the Application for California Energy Commission Battery Backup System Grant Funding and Committing the Necessary Local Match." Adopted. (03 -065) Adoption of Resolution Supporting the Funding of Future Alameda Ferry Service from a Portion of New State Bridge Toll Revenues and Supporting the San Francisco Bay Area Water Transit Authority's Implementation and Operations Plan for Enhancements to Alameda Ferry Service. Held over. ( *03 -066) Attorney District Resolution No. for Island Cit y 84 -2." Adopted. 13557, "Appointing an Engineer and an Landscaping and Lighting Assessment ( *03 -067) Resolution No. 13558, "Appointing an Engineer and an Attorney for the City of Alameda Maintenance Assessment District 01 -l." Adopted. ( *03 -068) Resolution No. 13559, "Authorizing Open Market Purchase of Thirty (30) Police Department Mobile Data Terminals (MDT's) from DATA 911 Pursuant to Section 3 -15 of the City Charter." Adopted. (03 -069) Introduction of Ordinance Amending Alameda Municipal Code by Amending Subsection 8 -8.1 (Angled Parking) of Section 8 -8 (General Parking Regulations) of Chapter VIII (Traffic Motor Vehicles and Alternative Transportation Modes), to Permit the Establishment of Angle Parking and Authorize Angle Parking where it Currently Exists and Subsection 12 -12.1 (Established) of Section 12 -12 (Parking Meter Zones) of Chapter XII (Parking Lots and Parking Meters), to Establish Parking Meter Zones. Introduced. Regular Meeting Alameda City Council 4 February 18, 2003 Councilmember Kerr inquired whether the Transportation Technical Team (TTT) would define when and where angle parking would occur; stated that she has concerns regarding backing out of angled parking spaces; stated appeal of TTT decisions should be permitted. Mayor Johnson stated the appeal process should be reviewed; noted the process is similar to other appeal procedures and is not overly restrictive; Council has the right to call for a review. The Public Works Director noted staff is reviewing the appeal process; TTT decisions appealed to the Transportation Commission (TC) allow two findings to be made: due process and new information; all actions by the TTT or TC can be appealed directly to the Council. In response to Councilmember Kerr's inquiry regarding angled parking, the Public Works Director responded that Council would authorize specific streets for angled parking and then delegate the authority to designate where the angled spaces would be on only those specific streets to the TTT; additional streets for angled parking would need to be approved by Council. Councilmember Matarrese moved introduction of ordinance. Councilmember DeWitt seconded the motion, which carried by the following voice vote: Ayes: Councilmember Daysog, DeWitt, Matarrese and Mayor Johnson - 4. Noes: Councilmember Kerr - 1. ( *03 -070) Ratified Bills in the amount of $4,004,173.91 REGULAR AGENDA ITEMS (03 -071) Resolution No. 13560, "Appointing Steven R. Currie as a Member of the Social Service Human Relations Board." Adopted. Vice Mayor Daysog moved adoption of resolution. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath and presented Mr. Currie with a certificate of appointment. (03 -072) Recommendation to approve Request for Proposal and authorize Call for Proposals for Alameda /Oakland Ferry Services. Councilmember Kerr stated staff should address funding of both the Regular Meeting Alameda City Council 5 February 18, 2003 Harbor Bay Maritime and the Alameda Oakland Ferry Service together; requested an Off Agenda Report on how Harbor Bay Maritime was granted a one -year Contract extension last year. Vice Mayor Daysog encouraged staff to find a way to compare fixed subsidy proposals and cost plus fixed fee proposals. Mayor Johnson noted the Water Transit Authority plans a toll increase. Councilmember Kerr moved approval of the staff recommendation. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. (03 -073) Ordinance No. 2890, "Approving Necessary Easements for Naval Air Station (NAS) Alameda Replacement Wastewater Interceptor System Project." Finally passed. Councilmember DeWitt moved final passage of the ordinance. Vice Mayor Daysog seconded the motion, which carried by unanimous voice vote - 5. (03 -074) Final Passage of Ordinance Amending the Alameda Municipal Code by Adding Section 30 -65 (Public Art in New Commercial, Industrial, Residential and Municipal Construction) to Chapter XXX (Development Regulations) Relating to Public Art. Introduced. The City Manager stated the staff report included potential ordinance amendments such as administrative fee caps and reducing the percentage. Mayor Johnson inquired whether the ordinance applies to new construction only, to which the Recreation and Parks Director responded the ordinance applies to new construction and remodels of 500 of structures and more than $250,000. Councilmember Matarrese inquired whether the ordinance applies to Public Works projects, such as the new Main Library, to which the Recreation and Parks Director responded in the affirmative. Councilmember Matarrese stated public projects using tax money should be exempt from public art fees. The City Manager noted public projects from the Regular Meeting Alameda City Council February 18, 2003 that Council has the authority to exempt fee on a case -by -case basis. I Vice Mayor Daysog stated spending money on art should be in context with other Capital Improvement Projects (CIP). Mayor Johnson stated considering art along with other CIP funding would defeat the purpose of the ordinance; noted there was not a previous funding source; stated the staff recommendations address her concerns; Council should exempt municipal projects on a case - by -case basis. Councilmember DeWitt stated that he is concerned about the $250,000 new construction limit; suggested the threshold be raised to $500,000. The City Manager stated implementation will be monitored and the threshold could be amended if needed. Mayor Johnson inquired whether the Council was approving 110 or lo. The City Attorney responded the options are Council can finally pass the ordinance [with the 11�o fee] or revise the ordinance and introduce the amended ordinance [with to fee]. Councilmember Kerr moved approval of the staff recommendation [introduction of the amended ordinance]. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON- AGENDA (03 -075) Richard Todd, Alameda, stated the City should be exhibiting fiscal responsibility; rather than awarding a Fire Department Fitness Contract to an Oakland business, the City should have awarded the Contract to the Alameda Hospital, which is still operating at a deficit. The City Manager noted the City has a policy to preferentially hire local businesses. Mayor Johnson noted that staff contacted three local businesses and all declined to submit bids. COUNCIL COMMUNICATIONS (03 -076) Consideration of Mayor's nomination for appointment to the Social Service Human Relations Board. Held over. Regular Meeting Alameda City Council 7 February 18, 2003 ADJOURNMENT There being no further business, Mayor Johnson adjourned the regular meeting at 8:46 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 8 February 18, 2003