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2003-04-15 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - APRIL 15, 2003 - - 7:30 P.M. Mayor Johnson convened the Regular Meeting at 7:40 p.m. ROLL CALL - Present: Councilmembers Daysog, DeWitt, Kerr, Matarrese, and Mayor Johnson - 5. Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (03 -156) Proclamation commending the bravery and expressing support for the members of the United States Armed Forces. Councilmember DeWitt stated the proclamation is not political and has the support of the entire Council. Mayor Johnson read the proclamation and presented it to Captain James M. Haas, U.S. Coast Guard. Councilmember DeWitt stated the City of Alameda has supported the Coast Guard, Marine Corps., and Navy for many years through the Navy League; recognized the Navy League President, Barbara Price, and Past President, former Councilmember Hadi Monsef and requested a brief description of the League's activities. Barbara Price, President of Alameda Council of the U.S. Navy League, stated the Council has worked with sea services in Alameda for 53 years; outlined the Council's activities. (03 -157) Proclamation declaring April 6, 2003 through April 12, 2003 as Boys and Girls Club Week. Mayor Johnson read the proclamation and presented it to George Phillips, Executive Director, Boys & Girls Club. Councilmember DeWitt inquired the type of activities the Boys and Girls Club has on the West End. Mr. Phillips responded the West Alameda Teen Club operates at Chipman Middle School three nights a week; in addition, a new after school program for teens began a month ago at Esperanza Center. Regular Meeting Alameda City Council 1 April 15, 2003 (03 -158) Briefing by Library Director and Library Building Team Chair on the Main Library Project. The Library Director stated a Project Construction manager would be selected soon; the Construction Manager would begin during an early phase to make the project better and cheaper. Honora Murphy, Library Building Team (LBT) Chair, discussed the public meetings which have been held on the library design. Mayor Johnson inquired whether the architect would address concerns about the public walkway at the public meetings. Ms. Murphy responded in the negative; stated the LBT has discussed the matter, but is not ready to move forward. Mayor Johnson inquired when the architect would present the design to Council, to which the Library Director responded after the May 7 public meeting. Councilmember Matarrese thanked the LBT and Public Works and Library staff for keeping the project moving forward. (03 -159) Presentation by Fire Chief on the City Council's role in the Emergency Operations Plan during a disaster. The Fire Chief gave a Power Point presentation outlining City Council's role in an emergency situation. Councilmember Kerr inquired how many agencies responded to the PG &E gas fire emergency in Alameda several years ago. Captain Rick Zombeck responded the City had mutual aid throughout the County; there were in excess of twelve agencies. The Fire Chief stated a mutual aid response plan covers Alameda County; if an incident occurs outside Alameda, the City is required to send an engine company; only a few units from each community in Alameda County and Contra Costa County respond to keep from striping resources from one community. Mayor Johnson inquired whether the City works with the Alameda Hospital to ensure the community's needs will be met during an emergency. The Fire Chief responded in the affirmative; stated medical and public health issues are included in the County's plan because the County is the administrating agency. Regular Meeting Alameda City Council 2 April 15, 2003 CONSENT CALENDAR Mayor Johnson announced that the recommendation to accept Report on the sale of General Obligation Bonds [paragraph no. 03 -161] and the recommendation to authorize the City Manager to Execute Funding Agreement between the Bay Area Air Quality Management District [paragraph no. 03 -162] were 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.] ( *03 -160) Minutes of the Special Joint City Council and Community Improvement Commission Meetings held on March 18, 2003 and April 1, 2003; and the Special and Regular City Council Meetings held on April 1, 2003. Approved. (03 -161) Recommendation to accept Report on the Sale of $10,600,000 City of Alameda General Obligation Bond Series 2003. Councilmember DeWitt noted that in November 2000 the voters passed Measure 0 to approve $10 Million for the construction of a new library; the City has issued the bonds and received a 4.7% interest rate, which is very low; the City has a high bond rating; the interest rate and high bond rating affects the property tax rate; the tax rate will lower each year. Councilmember Kerr stated recently issued State bonds were a full percentage point higher than the City of Alameda's rate. Councilmember Matarrese moved approval of the staff recommendation. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. (03 -162) Recommendation to authorize the City Manager to Execute Funding Agreement between the Bay Area Air Quality Management District and the City of Alameda, Agreement between Mission Trails Waste Systems, Inc. and the City of Alameda, and Agreement between Alameda County Industries AR, Inc. and the City of Alameda for Funding of Clean Air Vehicles for the Acquisition of Compressed Regular Meeting Alameda City Council 3 April 15, 2003 Natural Gas Vehicles for use by the City's Franchised Hauler, Alameda County Industries, Inc. Dr. Angus MacDonald, Alameda, stated the East Bay Municipal Utility District plant runs its diesel generators on the methane it creates; the existing diesel garbage trucks could easily be converted to natural gas; spending $1/2 Million on what could be a simple conversion seems wasteful. Councilmember Kerr requested staff to comment on Dr. MacDonald's suggestion. The Environmental Services Administration Management Analyst stated the funds being requested will not be used for the suggested purpose. Councilmember Kerr stated Dr. MacDonald's information should be acquired and used in future grants; if the technology is being used near by, it should be reviewed as a method for converting diesel vehicles. The City Manager stated staff would be happy to use any information Dr. MacDonald would be willing to provide to the Public Works Department. Jennifer Fong, Berkeley Bio- Diesel Co -op, suggested the use of biodiesel, which is a natural vegetable oil alternative that works on diesel engines and reduces costs and toxins. Mayor Johnson and Councilmember Kerr noted that the City currently uses biodiesel. Vice Mayor Daysog announced that his company worked directly with Bay Area Air Quality Management District therefore he would recuse himself from voting on the matter. [Vice Mayor Daysog left the room.] Councilmember Matarrese moved approval of the staff recommendation. Councilmember Kerr seconded the motion, which carried by the following voice vote: Ayes: Councilmembers DeWitt, Kerr, Matarrese and Mayor Johnson - 4. Abstentions: Vice Mayor Daysog - 1. ( *03 -163) Resolution No. 13575, "Preliminarily Approving Annual Report Declaring Intention to Order Levy and Collection of Assessments and Providing for Notice of June 17, 2003 Hearing Thereof - Island City Landscaping and Lighting District 84 -2." Adopted. Regular Meeting Alameda City Council 4 April 15, 2003 ( *03 -164) Resolution No. 13576, "Preliminarily Approving Annual Report Declaring Intention to Order Levy and Collection of Assessments and Providing for Notice of June 17, 2003 Hearing Thereof - Maintenance Assessment District 01 -01 (Marina Cove)." Adopted. ( *03 -165) Introduction of Ordinance Amending the Alameda Municipal Code by Amending Subsection 8 -7.6 (Parking Enforcement Holidays), of Section 8 -7 (Parking Prohibitions) of Chapter VIII (Traffic, Motor Vehicles and Alternative Transportation Modes) Thereof, by Deleting Lincoln's Birthday from the List of Parking Enforcement Holidays. Introduced. ( *03 -166) Ratified Bills in the amount of $2,906,058.88. REGULAR AGENDA ITEMS (03 -167) Public Hearing to consider a recommendation to adopt FY 2003 -04 Community Development Block Grant (CDBG) Action Plan and authorize the City Manager to negotiate and execute related Documents, Modifications, and Agreements; and (03 -167A) Recommendation to approve FY 2003 -04 CDBG Public Service Allocations. Mayor Johnson opened the Public Hearing. Jim Pruett, Miller School Parent Teacher Association (PTA), requested Council to consider providing funding for a playground project at Miller School; stated $22,000 has been raised by the PTA; the project would create a community park on the West End. Councilmember DeWitt inquired the total amount needed for the project. Mr. Pruett responded there are three phases; phase one, play equipment, is $60,000; the second phase of new fencing is $15,000; and the third phase is a shade structure which would cost $50,000. Proponents: Stewart Chen, Social Service Human Relations Board; Hugh Cavanaugh, Alameda Food Bank; Helen Knudson, Red Cross; Jim Franz, Alameda Red Cross. There being no further speakers, Mayor Johnson closed the public portion of the Hearing. Regular Meeting Alameda City Council 5 April 15, 2003 Vice Mayor Daysog inquired whether a two -year funding cycle is being approved. The Community Development and Housing Division Manager responded staff moved to a two -year funding cycle recommendation in the public services category; the plan presented for Council approval only authorizes funding for FY 2003 -04; however, two -years of funding was reviewed in an effort to minimize administrative activities of City staff and to provide a greater indication of how much funding community based - agencies will receive; the recommendation for second year will return to Council for approval; the second year will not be approved tonight. Vice Mayor Daysog inquired whether a new two -year cycle would start next year at this time, to which the Community Development and Housing Division Manager responded in the affirmative. Vice Mayor Daysog stated FY 2003 -04 funding includes $158,000 for cost overruns; inquired whether FY 2004 -05 funding includes a similar amount for cost overruns. The Community Development and Housing Division Manager stated staff typically recommends an allocation of 100 of the total entitlement for cost overruns in case capital improvement projects go over budget; Council is asked to reprogram funds to new activities if said funds are not used. Vice Mayor Daysog stated there should be a policy about what to do with the $158,000; suggested the Social Service Human Relations Board (SSHRB) help develop a policy on how to deal with remaining funds. The City Manager stated staff would be happy to respond and involve the SSHRB; the City reprograms unused funds; needs and applications for funding are increasing; over the last 10 years, CDBG funding has remained stable. Vice Mayor Daysog stated there should be a policy on how remaining funds would be spent, rather than addressing individual cases. The Community Development and Housing Division Manager stated the reprogramming policy has been to review all proposals that the City was unable to fund in the cycle and review new projects that have emerged through City Council actions; the amount of money available to public services is limited to 150 of the public services cap; regardless of the policy, the $158,000 would be restricted to non- public service activities. Regular Meeting Alameda City Council 6 April 15, 2003 Vice Mayor Daysog inquired whether playground equipment would be public service or infrastructure, to which the Community Development and Housing Division Manager responded a playground is not a public service. Councilmember Matarrese stated the staff report indicates AUSD would include the Miller School playground project in an upcoming bond measure, however, documentation provided by AUSD indicates otherwise; the Joint School District /City Committee has discussed sharing resources; the Miller School Project is an opportunity to share a school playground and a park; inquired whether the matter could be reviewed to determine if the phase that will allow the facility to be used as both a City and school facility could be funded. The City Manager stated staff would review the matter and provide a report to the City Council. Councilmember Kerr stated the Navy rehabilitated Estuary Park; inquired whether said park is open to the public or if it is restricted to Coast Guard personnel. Mr. Pruett stated the park is strictly grass and a ball field; there is no playground equipment. Councilmember Kerr stated a playground was planned for the northeastern corner; inquired whether the park is available to the general public. Mr. Pruett responded in the affirmative. Councilmember Kerr requested the report on funding for Miller School address whether anything can be done with Estuary Park; the School District does not have any money; the State is impacting City budgets; schools are suffering, however, the City is suffering, too; all kinds of City funds are in danger of raids from the State; the City does not have more discretionary money than the School District; further stated the non - profit Rehabilitation Loan Fund (RLF) includes funds for the acquisition and installation of modular units; inquired whether modular units would be used as residences. The Community Development and Housing Division Manager responded in the negative; stated the units would be used by community based non - profit agencies to deliver services; the units must be approved through the City's permit process; for example, the Head Start program plans to use a unit to expand classroom space. Regular Meeting Alameda City Council 7 April 15, 2003 Councilmember Kerr stated that as a condition of receiving funding, Sentinel Fair Housing must include the Rent Review Advisory Committee's (RRAC) phone number on their list of agencies to be contacted; Council was provided a brochure which included the number; however, she picked up a flier a few hours ago which did not include the number; inquired how the matter can be addressed. The Community Development and Housing Division Manager responded agencies might be using the last of the old brochures before putting out the new brochures; staff would review the matter to ensure RRAC's number is included. Mona Breed, Sentinel Fair Housing, stated the number of people that call Sentinel asking questions about rent or rent increase is reported to the City quarterly; Sentinel's website includes information about the RRAC; over 700 copies of Sentinel's general brochure were distributed last quarter; citizens in Alameda know that they can call Sentinel and get RRAC's number; RRAC's number does not appear on every one of Sentinel's brochures. Mayor Johnson requested staff to ensure that Sentinel complies with the condition. Councilmember Kerr stated the Council approved requiring Sentinel to include the RRAC on its list of helpful numbers. Vice Mayor Daysog stated that he has argued and continues to believe that Sentinel should not have to adhere to a standard that is not applied to other non - profits. Councilmember Kerr stated Sentinel provides counseling on housing issues; the RRAC has been in existence for about 20 years and has an over 95% success rate. The Community Development and Housing Division Manager stated staff meets with community based agencies prior to the new fiscal year to discuss the grant agreement; staff will ensure every agency receives the new brochure. Mayor Johnson suggested that the old brochures be updated by adding stickers with the RRAC's number. Vice Mayor Daysog moved approval of the staff recommendation. Councilmember DeWitt seconded the motion. Under discussion, Mayor Johnson thanked the members of the SSHRB Regular Meeting Alameda City Council 8 April 15, 2003 for their work on the issue. Councilmember Matarrese inquired whether the City Manager is committed to providing a report on funding for the Miller School playground in cooperation with the School District. The City Manager responded in the affirmative. Councilmember Kerr stated the Coast Guard cannot put money into the School District site; however, maybe the Coast Guard could put a playground into the Estuary Park in the same neighborhood. The City Manager stated both possibilities would be explored. On the call for the question, the motion carried by unanimous voice vote - 5. (03 -168) Public Hearing to consider a recommendation by the Planning Board to approve Tentative Map 7966 to divide an approximately 14,000 square foot parcel into three parcels, pursuant to adopted Planned Development PD01 -03. The property is located at 3207 Fernside Boulevard, within the R -2 /PD Two Family Residence, Planned Development Combining Zoning District. Applicants: George and Mary Carder; and (03 -168A) Resolution No. 13577, "Approving Tentative Parcel Map, TM -7966, for a Three Lot Subdivision at 3203, 3205 and 3207 Fernside Boulevard." Adopted. Councilmember Kerr moved adoption of the resolution. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. (03 -169) Public Hearing to consider an Appeal of the Transportation Technical Team (TTT) Decision to Deny the Request for Stop Signs on Buena Vista Avenue at Chestnut, Walnut and Willow Streets. Appellant: Robert Worley. The Public Works Director outlined the reasons for denying the request for stop signs and actions that have been taken to address concerns. John Knox - White, Chair of the Transportation Commission (TC), stated the TC found the concerns valid, but did not believe stop signs should be used to address the concerns. Mayor Johnson inquired whether the staff report correctly summaries Regular Meeting Alameda City Council 9 April 15, 2003 the TC's concerns, which are: diversion of traffic to other streets, increased noise levels at intersections with stop signs, increased speeds in sections between stop signs, and increased noxious fumes from cars, to which Mr. Knox -White responded in the affirmative. Vice Mayor Daysog inquired whether Clement Avenue or Lincoln Avenue would be considered as the alternate truck route, to which the Public Works Director responded Clement Avenue, which is an existing truck route. Vice Mayor Daysog inquired the amount of traffic that would be diverted if one or two stop signs were installed, rather than three. The Public Works Director responded staff does not have hard facts on the number of stop signs which would start to divert traffic; installation of any stop sign would increase noise and noxious fumes at the intersection of the stop sign. Councilmember Kerr stated the same night the stop signs on Buena Vista Avenue between Oak Street and Grand Avenue were denied, a stop sign on Buena Vista Avenue in the Fernside district in a low traffic area was approved; there was no reason to approve a stop sign in a low traffic area while denying the request for stop signs in a high traffic area. Mayor Johnson noted that the stop sign approved in the Fernside district was a corner with a school. Mayor Johnson opened the Public Hearing. Proponents (In favor of appeal): Louise Shaw, Alameda; Robert Sikora, Alameda; Linda Gilchrist, Alameda; Debra Arbuckle, Alameda; Douglas Holmes, Buena Vista Avenue Neighbors; Bill Smith, Alameda; Rob Worley, Alameda; and Mercedes Milana, Alameda. Opponents (Not in favor of appeal): Eric Leventhal, Alameda; Angus MacDonald, Alameda; Fawn McLaughlin, Alameda; and Jim Franz, Alameda. Regular Meeting Alameda City Council 10 April 15, 2003 Following Louise Shaw's comments, Mayor Johnson inquired about lighted crosswalks. Following Debra Arbuckle's comments, Mayor Johnson requested staff to review whether there is a no left turn sign on Park Street at Clement Avenue. There being no further speakers, Mayor Johnson closed the public portion of the Hearing. Councilmember Kerr stated Buena Vista Avenue is a narrow, residential street; changes need to be made to get traffic under control; Clement Avenue is a truck route after 10:00 p.m.; the first step should be to move the truck route to Clement Avenue 24- hours a day; the staff report indicates that a study is needed to determine whether trucks can make turns between Buena Vista, Grand and Clement Avenues; a study is not needed because trucks already make the turns; the Clement Avenue extension will be completed someday; Buena Vista Avenue should not be designated as a major street because it is not wide enough and is residential. Councilmember Matarrese inquired how long it would take to move the truck route to Clement Avenue. The Public Works Director responded the process is underway; the Planning Board started its review in February; Public Works staff will make a presentation to the TC; a General Plan Amendment is required; the process should take two to three months; changing the designation of Buena Vista Avenue to a minor street would also require a General Plan Amendment and the process has not been initiated; further stated that he would not characterize Buena Vista as a narrow street; 42 feet is a very generous width; traditional standards are 36 feet for local access roads and 40 feet for collector streets. Councilmember Matarrese stated Clement Avenue is an empty, industrial street which would be better for truck traffic; that he is not as concerned about the designation of Buena Vista Avenue; however, changing the designation might be able to be completed simultaneously with the truck route change; getting trucks off Buena Vista Avenue should be the first step and should be done as expeditiously as possible. Mayor Johnson inquired whether the process of moving trucks to Clement Avenue could begin prior to the General Plan Amendment. The Public Works Director responded the General Plan Amendment is needed to prohibit trucks from using Buena Vista Avenue; currently, trucks have the right to use Buena Vista Avenue; further stated not Regular Meeting Alameda City Council 1 1 April 15, 2003 all trucks can use Clement Avenue; larger trucks are not able to make the turns; red curbs with no parking will have to be provided [to allow larger trucks to turn]; a removal of parking in front of Goode Toyota and at Buena Vista and Grand Avenues will be required for larger trucks to make wider turns. Mayor Johnson requested staff to review whether there are signs on Park Street indicating that Clement Avenue is a truck route. Councilmember Matarrese stated the two streets parallel to Buena Vista Avenue are wider and have traffic controls; not having anything to slow traffic on Buena Vista Avenue seems unfair; there is a school crossing at Chestnut Street; the City should review installing flashing yellow lights in the crosswalk for said intersection; inquired whether staff has data on the effect of raised crosswalks, e.g. other cities which have them and whether they are effective. The Public Works Director responded the City of Alameda does not have any raised crosswalks, which are wider speed humps; staff believes said option is somewhat effective in reducing speeds; staff is in the process of analyzing data which has been collected along Buena Vista Avenue and will meet with the residents on May 13 to review various traffic calming devises, such as raised crosswalks; the residents will be able to provide input on the options which make sense to them. Mayor Johnson inquired whether there is more current data on the average daily traffic; stated the data in the staff report is from 1998, 1999 and 2000; data includes comparisons between Buena Vista, Lincoln, Santa Clara, Central, Encinal and Shoreline Avenues. The Public Works Director responded staff is not in the process of collecting data; staff has taken traffic counts at other locations in the City; there is a correlation between the economy and traffic; as the economy slows down, traffic volumes decrease; there is a 5 to loo decrease in traffic volumes based on comparisons to 2000. Mayor Johnson suggested more current data be gathered; stated from 1998 to 2000 traffic on Lincoln Avenue increased, while traffic on Buena Vista Avenue decreased; traffic should not be diverted to another high traffic street, especially a street which has already had an increase in traffic volume. Vice Mayor Daysog stated there are numerous stop signs on Pacific Avenue which makes the street quiet; stop signs work to divert traffic; to get traffic onto Clement Avenue, stop signs should be Regular Meeting Alameda City Council 12 April 15, 2003 considered for Buena Vista Avenue. Councilmember Kerr stated there should be stop signs at Walnut and Chestnut Street, especially Chestnut Street which is a school crossing. Councilmember DeWitt stated everyone realizes there are too many cars on Buena Vista Avenue; if the matter is studied much longer, Council would authorize stop signs, rather than leaving the matter to experts; urged staff to move forward with changing the [truck] routes; stated that he will support the staff recommendation; however, if the matter is not resolved, he would support stop signs. Mayor Johnson requested that the process of diverting traffic to Clement Avenue and prohibiting trucks on Buena Vista Avenue be expedited. Councilmember Matarrese moved approval of directing staff to expedite the process of amending the General Plan to designate Clement Avenue as a truck route and removing the truck route from Buena Vista Avenue to prohibit trucks on Buena Vista Avenue. Councilmember Kerr requested the motion be amended to include removing the major street designation from Buena Vista Avenue. Councilmember Matarrese agreed to amend the motion accordingly. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. Councilmember Matarrese stated the type of traffic controls that should be placed on Buena Vista Avenue should be resolved expeditiously; the matter should return to Council if the May 13 meeting with residents is not fruitful. The City Manager stated staff would provide an off agenda report on the outcome of the meeting and place the matter on the agenda if requested. Mayor Johnson suggested that direction be provided to bring the matter back to Council. Councilmember Matarrese stated that he supports Mayor Johnson's suggestion. Mayor Johnson stated the entire issue needs to be expedited; speeding is a safety issue; traffic should be diverted to Clement Avenue; the crossing at Walnut Street should be made safe for Regular Meeting Alameda City Council 13 April 15, 2003 children. Councilmember Kerr stated Chestnut Street is a school crossing and should be made safe, too. Mayor Johnson concurred; stated all options should be reviewed in an expedited manner; requested the matter return to Council in early June. Councilmember Matarrese stated Council should be updated on the process of changing the designation of Buena Vista Avenue when the matter returns. Councilmember Kerr stated there are lovely Victorians on the street; residential quality of life on said type of street should be important. Mayor Johnson noted the issue is difficult because almost every street in Alameda is residential. ORAL COMMUNICATIONS, NON- AGENDA (03 -170) Michael John Torrey, Alameda, invited Council to attend the East Bay Conversion and Reinvestment Commission's 7th Annual Base Workers Golf Tournament on June 13, 2003. (03 -171) Bill Smith, Alameda, discussed traffic issues in Alameda. COUNCIL COMMUNICATIONS (03 -172) Transmittal of Statistical Data on Transportation. Vice Mayor Daysog stated that he wanted to place public transit ridership data on the record. (03 -173) Written Communication from the League of California Cities requesting designation of Voting Delegate for the League's Annual Conference. Mayor Johnson nominated Councilmember Kerr as the voting delegate for the League's Conference. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. Vice Mayor Daysog nominated Mayor Johnson as the alternate. Councilmember Matarrese seconded the motion, which carried by Regular Meeting Alameda City Council 14 April 15, 2003 unanimous voice vote - 5. (03 -174) Consideration of Mayor's nomination for appointment to the Social Service Human Relations Board. [Partial term expiring June 30, 2004] Held over. (03 -175) Vice Mayor Daysog requested staff to provide a list of the key items that need to be completed and timelines for the Catellus project; noted that he wanted to track the municipal services matter. ADJOURNMENT There being no further business, Mayor Johnson adjourned the regular meeting at 10:34 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 15 April 15, 2003