2003-07-01 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY - - JULY 1, 2003 - - 7:30 P.M.
Mayor Johnson convened the Regular Meeting at 7:39 p.m.
Councilmember Kerr led the Pledge of Allegiance.
ROLL CALL - Present: Councilmembers Daysog, Kerr, Matarrese
and Mayor Johnson - 4.
Absent: Councilmember DeWitt - 1.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(03 -307) Proclamation declaring the Month of July, 2003 as
Recreation and Parks Month in the City of Alameda.
Mayor Johnson read the proclamation and presented it to Christine
Johnson and Georg Oliver of the Recreation and Park Commission.
(03 -308) Presentation by CalTrans on the hours of construction and
timeline for completing the Webster /Posey tubes retrofit project.
Stanley Gee, CalTrans Project Manager, gave an oral presentation on
the hours and timeline for completing the Webster /Posey tube
retrofit project.
Mayor Johnson inquired whether the Webster /Posey tube closure
started March 2000 when the original Contract was executed, to
which Mr. Gee responded the Webster /Posey tube closure started
within a month of the Contract.
Mayor Johnson stated the Webster /Posey tube is the only ingress and
egress off the west end of the Island; changing the closure times
should involve consideration of the detriment to the project versus
the benefit to the community; inquired when the project was
originally supposed to be completed, to which Mr. Gee responded
CalTrans estimated the Contract would be completed by December
2002.
Mayor Johnson inquired about the current projected date of
completion, to which Mr. Gee responded by the end of 2003.
Mayor Johnson inquired whether the project might take longer than
projected, to which Mr. Gee responded in the affirmative.
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Mr. Gee further stated that since design and funding issues were
resolved last year, the project has been running smoothly and
CalTrans anticipates the project will be completed by the end of
this year.
Mayor Johnson stated the West Alameda Business Association (WABA)
and businesses in the Webster Street area are concerned that their
businesses might not survive without night customers since closure
has lasted a year longer than projected; the retrofit was
originally a two and a half year project; merchants might prefer a
three month extension of the project if the Webster /Posey tubes
could be closed at 11:00 p.m. instead of 9:00 p.m.
Mr. Gee responded the contractor does not believe that five hours
work time per night, with one hour for set up and one hour for
clean up [11:00 p.m. to 6:00 a.m. closure], is enough time to
reconstruct the ceiling.
Mayor Johnson inquired whether the workers could do less work each
night, to which Mr. Gee responded the ceiling reconstruction
involves preparing the surface with a high strength spray grout and
then smoothing down the grout.
Mayor Johnson inquired how long the ceiling reconstruction would
take to finish, to which Mr. Gee responded two months.
Mr. Gee stated the contractor believes the project will be complete
in six months; reducing the closure time each night would extend
the contract three additional months, of which two months would
have to be currents hours of closure.
Mayor Johnson inquired whether the contractors are working full
time in the tube, to which Mr. Gee responded in the affirmative.
Mayor Johnson stated if the ceiling work takes more than five hours
of work per night, current closure hours could be used for two
months and closure hours could be shortened for the remainder of
the project.
Councilmember Kerr inquired why the tube would be stronger than
before the retrofit project since not all of the joints are being
repaired.
Mr. Gee responded after reanalysis, only some joints are being
retrofitted with flexible joints to make the entire tube system
more flexible.
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July 1, 2003
Councilmember Kerr inquired whether reanalysis was completed after
CalTrans discovered the project was over budget.
Mr. Gee responded reanalysis was completed after some joints were
opened; joints were in differing conditions; the original retrofit
plan could not be installed.
Councilmember Kerr inquired whether the original retrofit plan
could have been done within the existing budget.
Mr. Gee responded based on reanalysis, CalTrans decided that the
facility would still be provided with an adequate retrofit level;
repairing all of the joints would have increased the project cost
astronomically.
Mayor Johnson inquired about project retrofit level.
Mr. Gee responded the goal has always been a non - collapse level of
retrofit based on preserving life and reducing injury.
Councilmember Kerr inquired whether there is a possibility that the
tubes might not be repaired after a large earthquake, to which Mr.
Gee responded in the affirmative.
Mayor Johnson inquired the level earthquake that the tube would
survive with the retrofit.
Mr. Gee responded the tubes would not collapse from a 7.25
magnitude earthquake on the Hayward Fault.
Mayor Johnson requested information on the level earthquake that
would make the tubes unusable; requested staff to work with
CalTrans on a contingency plan in the event of an earthquake that
would not allow citizens on or off the island through the
Webster /Posey tubes.
Mr. Gee responded the County of Alameda is working on retrofitting
bridges; the Fruitvale Avenue Bridge is proposed to be retrofitted
to lifeline status; the Park Street and High Street bridges are not
being changed to lifeline.
Mayor Johnson stated the Fruitvale Bridge alone cannot accommodate
a population of 75,000 residents.
Mr. Gee stated that he agrees that discussions should be started.
Councilmember Matarrese requested the CalTrans projections for
possible non -use with the current retrofit and prior to the
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July 1, 2003
retrofit; stated the City needs to know how much risk is incurred
by not retrofitting all of the joints.
Mayor Johnson requested staff to provide a report to Council,
including CalTrans projections, and retrofit options and impacts.
Ed Clark, West Alameda Business Association (WABA) stated another
tube could have been built in the fours years required to complete
the retrofit project; WABA is concerned with the deliberations on
the Webster /Posey tubes; read a letter from the East Ocean Seafood
Restaurant concerning hours of the Webster /Posey tube closure.
Sherri Stieg, WABA stated the impacts of the Webster /Posey tube
closure on the City of Alameda are not mentioned on the recent
project fact sheet; requested Council's assistance with bringing
WABA concerns to State representatives and officials in a position
to mitigate the impact on Alameda; stated west end businesses lose
most off island clients and many on island clients five nights a
week; the Webster /Posey tube closure has had a devastating effect
on hotels, restaurants, bars, clubs, convenience stores, service
stations, the College of Alameda and residents; the original fact
sheet provided to WABA members indicated closure would be between
summer 1999 and summer 2001; read statements from west end business
owners; requested review of options including closing one tube at a
time and permitting two -way traffic, accelerating the opening date
through resource allocations, and closing the tube at 11:00 p.m.;
stated WABA members want two -way communication regarding options;
the longer that customers are forced to avoid west Alameda, the
more likely they will stay away permanently; there should be a
grand reopening with promotions; if the project is not completed
until the end of the year, west Alameda businesses will miss three
holiday periods.
Mayor Johnson inquired whether WABA would want the project extended
three months in order to have shorter tube closure hours.
Ms. Steig responded WABA businesses would have to consider the
options.
Kelly Sharma, Sahib India Restaurant, stated customers do not dine
at her restaurant after 7:00 p.m. due to the Webster /Posey tube
closures.
Irma Garcia - Sinclair, WABA, stated Croll's is about to close
because of the Webster /Posey tube closures; inquired whether work
is being done simultaneously in both tubes; suggested keeping half
of the tube open for people exiting Alameda; stated Oakland
businesses are also suffering; businesses make most of their money
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July 1, 2003
during the Holidays season; that she appreciates the retrofit work.
Michael Dugan, Elder's Inn, stated the core of his business is from
Alamedans; however, the business cannot survive without off - island
customers; the downturn in the economy has effected all businesses;
inquired how long would repair of the Webster /Posey tubes would
take after a major earthquake.
Councilmember Matarrese requested staff to provide all available
options to shorten the timeline to completion, such as a less
elegant finish; stated that he would like to discuss the options
with State representatives and business associations.
Mayor Johnson requested staff to work with CalTrans and WABA to
discuss the options.
Ms. Steig stated there is a government committee of the Chamber
that is also reviewing the issue and might want to be included in
the discussion.
Mayor Johnson stated that Council would welcome more ideas.
Irma Garcia - Sinclair, WABA, suggested Wilma Chan be asked to raise
money to help WABA businesses.
(03 -309) Presentation on Alameda Power and Telecom proposed rate
increases.
Alameda Power & Telecom (AP &T) General Manager gave a PowerPoint
presentation.
Vice Mayor Daysog inquired whether the cost of service includes
cable television.
The AP &T General Manager responded in the negative; stated the cost
of service is for generation, transmission, distribution, and
customer service for electric service only.
Vice Mayor Daysog inquired whether the General Fund transfer would
be influenced, to which the AP &T General Manager responded there is
no direct effect; the transfer is based on "plant in service ".
The City Manager requested the AP &T General Manager explain the
"plant in service" methodology.
The AP &T General Manager stated "plant in service" includes all
electric assets in which the citizens of Alameda have invested; the
Public Utilities Board can change the percentage rate of the
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July 1, 2003
General Fund transfer every year.
Vice Mayor Daysog inquired about the rate of return, to which the
AP &T General Manager responded 2.50.
The City Manager stated staff would provide Council with the exact
calculation used to determine the amount of money transferred to
the General Fund; further stated cities own electric utilities to
keep rates at or below market rates and to generate a profit
transferred to the General Fund to be used for other purposes.
Vice Mayor Daysog inquired whether the Municipal, MU -1, rate
includes schools; noted the revenue is increasing from $1.3 million
to $1.6 million.
The AP &T General Manager stated the Alameda Unified School District
(AUSD) is about 550 of the MU -1 rate.
The City Manager stated the Settlement Agreement with AUSD requires
a flat rate for 10 years; new rates would not be applied to the
School District due to the Settlement Agreement.
The AP &T General Manager stated the School District rate must
remain the same as the City building rate; the rate can be raised.
Mayor Johnson stated that she is concerned about raising the School
District's rates 200; requested staff to provide a report on AUSD's
rate.
The City Manager stated staff would provide a report to Council.
Vice Mayor Daysog inquired whether the PUB makes the final decision
regarding rates, to which the AP &T General Manager responded the
PUB decides the final rates.
The City Manager stated under the Charter, rate setting is a voter -
delegated PUB responsibility; the PUB works for the Council and
welcomes Council's opinion.
Vice Mayor Daysog inquired whether the Chamber of Commerce has
voiced an official position regarding the proposed rate changes, to
which the AP &T General Manager responded in the negative.
Mayor Johnson inquired whether AUSD is aware of the rate changes,
to which the AP &T General Manager responded AUSD was notified 60
days in advance but has not responded.
Vice Mayor Daysog inquired whether the new rates would be phased
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July 1, 2003
in, to which the AP &T General Manager responded the rates would be
implement on August 1, 2003.
CONSENT CALENDAR
Mayor Johnson announced that the introduction of Ordinance Amending
the Alameda Municipal Subsection 30 -6.15 [paragraph no. 03 -313] was
removed from the Consent Calendar for discussion.
Councilmember Kerr moved approval of the remainder of the Consent
Calendar.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 4. [Absent: Councilmember DeWitt - 1.]
[Items so enacted or adopted are indicated by an asterisk preceding
the paragraph number.]
( *03 -310) Minutes of the Special and Regular City Council Meetings
held on June 17, 2003. Approved.
( *03 -311) Resolution No
Designee to Submit a
Feasibility Study of
Constitution Way to
Documents." Adopted.
13605, "Authorizing the City Manager or His
Grant Application for Bay Trail Funds for a
the Cross - Alameda Multipurpose Trail from
Main Street and Execute All Associated
( *03 -312) Resolution No. 13606, "Supporting the Selection of the
International Code Council (ICC) Building and Fire Codes by the
State of California Building Standards Commission." Adopted.
(03 -313) Introduction of Ordinance Amending the Alameda Municipal
Code by Amending Section (b) of Subsection 30 -6.15 (Signs Exempt)
of Section 30 -6 (Sign Regulations) of Chapter XXX (Development
Regulations) Relating to Bench Signs. Introduced; and
(03 -313A) Recommendation to Authorize the City to participate in
the Regional Bus Shelter Advertising Program.
Sherri Stieg, West Alameda Business Association, inquired whether
Rob Ratto from Park Street Business Association was informed that
the issue was on the agenda; stated Park Street wants a specific
exemption from any negotiation involving bus shelters on Park
Street.
The Public Works Director responded that he did not personally
notify Mr. Ratto; stated bus shelter locations would not be
discussed under the agenda item; the staff report states staff
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July 1, 2003
would work with all business districts on the location of bus
shelters; staff will return to Council with a Joint Implementation
Agreement and an Implementation Agreement with the contractor; the
Implementation Agreement with the contractor would identify bus
shelter locations.
The City Manager stated that the City has not committed to specific
locations; staff will discuss locations with PSBR and WABA.
Councilmember Kerr stated advertisements would enable the City to
fund additional bus shelters.
Sherri Steig, WABA, stated PSBR does not want any bus shelters,
even without advertisements; WABA wants to be sure that people want
bus shelters; bus shelters might not fit with the $2 million
streetscape plan; inquired whether the contractor would maintain
the shelters; inquired who has control over the ads; inquired what
happens to ad income; stated business districts need to be notified
before a commitment is made.
Mayor Johnson inquired whether the issues can be addressed as the
process moves forward, to which the Public Works Director responded
in the affirmative; stated the staff report includes options for
shelter designs.
Councilmember Matarrese stated the escape clause states that the
City can withdraw at any time prior to implementation.
The Public Works Director responded the Joint Powers Agreement
identifies that the City can opt out at any time by: 1) not
entering into the Implementation Agreement with the contractor or,
2) if there is specific public dissention over the program.
Councilmember Matarrese inquired whether the City can literally
withdraw from the program at any time.
The Public Works Director responded the escape clause information
would be provided when Council considers the agreements.
Councilmember Kerr moved approval of the staff recommendation
[introduction of the ordinance and authorizing participation in the
Regional Bus Shelter Program], with the considerations voiced.
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 4. [Absent: Councilmember DeWitt - 1.]
( *03 -313) Ratified bills in the amount of $2,380,227.63.
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July 1, 2003
REGULAR AGENDA ITEMS
(03 -314) Resolution No. 13607, "Reappointing Michael J. Robles -
Wong as a Member of the City Civil Service Board." Adopted.
Councilmember Matarrese moved adoption of the Resolution.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 4. [Absent: Councilmember DeWitt - 1.]
The City Clerk administered the Oath and presented Mr. Robles -Wong
with a Certificate of Reappointment.
(03 -315) Resolution No. 13608, "Appointing Jessica Lindsey as a
Member of the City Economic Development Commission." Adopted.
Vice Mayor Daysog moved adoption of the Resolution.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 4. [Absent: Councilmember DeWitt - 1.]
The City Clerk administered the Oath and presented Ms. Lindsey with
a Certificate of Appointment.
(03 -316) Resolution No. 13609, "Reappointing Edward W. Flanagan as
a Member of the City Housing Commission." Adopted.
Councilmember Matarrese moved adoption of the Resolution.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 4. [Absent: Councilmember DeWitt - 1.]
(03 -317) Resolution No. 13610, "Reappointing Mark A. Schoenrock as
a Member of the City Library Board." Adopted.
Vice Mayor Daysog moved adoption of the Resolution.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 4. [Absent: Councilmember DeWitt - 1.]
(03 -318) Resolution No. 13611, "Reappointing Marie Gilmore as a
Member of the City Planning Board." Adopted.
Councilmember Matarrese moved adoption of the Resolution.
Vice Mayor Daysog seconded the motion, which carried by unanimous
voice vote - 4. [Absent: Councilmember DeWitt - 1.1
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(03 -319) Resolution No. 13612, "Reappointing John A. Piziali as a
Member of the City Planning Board." Adopted.
Councilmember Matarrese moved adoption of the Resolution.
Vice Mayor Daysog seconded the motion, which carried by unanimous
voice vote - 4. [Absent: Councilmember DeWitt - 1.]
The City Clerk administered the Oath and presented Mr. Piziali with
a Certificate of Reappointment.
(03 -320) Resolution No. 13613, "Reappointing Steven R. Currie as a
Member of the City Social Service Human Relations Board." Adopted.
Vice Mayor Daysog moved adoption of the Resolution.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 4. [Absent: Councilmember DeWitt - 1.]
The City Clerk administered the Oath and presented Mr. Currie with
a Certificate of Reappointment.
(03 -321) Resolution No. 13614, "Reappointing Theresa Thomas as a
Member of the City Social Service Human Relations Board." Adopted.
Vice Mayor Daysog moved adoption of the Resolution.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 4. [Absent: Councilmember DeWitt - 1.]
(03- 322) Resolution No. 13615, "Appointing Cynthia Wasko as a Member
of the City Social Service Human Relations Board." Adopted.
Vice Mayor Daysog moved adoption of the Resolution.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 4. [Absent: Councilmember DeWitt - 1.]
(03 -323) Resolution No 13616, "Authorizing the City Manager to
Pursue Federal and State Initiatives to Change the Designation of
the Webster /Posey Tubes to a Lifeline Route and be Included on the
National Highway System." Adopted.
Councilmember Kerr stated the Webster /Posey tubes are being
retrofitted to a standard that will prevent collapse during a
maximum credible earthquake but may leave the tubes so badly
damaged that they are not worth repairing; CalTrans stated the
Webster /Posey tubes do not qualify for a retrofit to lifeline
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July 1, 2003
status because the tubes do not meet State or national standards;
the language in the federal and State regulations needs to be
changed so that the Webster /Posey tubes merit lifeline status; the
tubes need to be retrofitted to a standard which qualifies for
repair after a maximum credible earthquake, rather than
abandonment.
Vice Mayor Daysog inquired what makes the Fruitvale Bridge eligible
for lifeline status.
Mr. Gee responded the County of Alameda selected the Fruitvale
Bridge for lifeline status, not CalTrans.
Councilmember Kerr stated there are not many standards for
underwater travel; the Webster /Posey tubes are site specific.
Mayor Johnson stated the Webster /Posey tubes appear to meet the
criteria for designation under the State highway system.
Sherri Stieg, West Alameda Business Association (WABA), stated WABA
is in favor of anything that would minimize the chance of the tubes
being closed or increase the chance of repair; there would be no
businesses left in all of Alameda if the tubes were left
permanently damaged; WABA is willing to supply resources to help
Council meet the criteria.
Councilmember Matarrese moved adoption of the Resolution.
Councilmember Matarrese stated the City has the ability to meet the
criteria for the State, particularly with the backing of
legislators.
Vice Mayor Daysog stated there is a unique opportunity to address
underwater tunnels with lifeline designation; San Diego and Orange
Counties are beginning to look at tunnels as a method for goods
transportation; suggested staff contact the Regional Transit Board
and become involved in said discussions.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 4. [Absent: Councilmember DeWitt - l.]
(03 -324) Ordinance No 2903, "Authorizing Amendment to Contract
Between the Board of Administration of the California Public
Employees' Retirement System and the City Council of the City of
Alameda." Finally Passed.
Vice Mayor Daysog moved final passage of the Ordinance.
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July 1, 2003
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 4. [Absent: Councilmember DeWitt - l.]
ORAL COMMUNICATIONS, NON- AGENDA
(03 -325) Charles Hurt, Alameda, stated his leashed Australian
Sheppard was mauled by two unrestrained pit bulls in the sandbox of
Franklin Playground; urged Council to adopt an ordinance banning
vicious dogs from Alameda playgrounds and to establish dog
ownership regulations.
The City Manager stated there is a State law targeting vicious
dogs.
The City Attorney inquired whether Mr. Hurt had contacted Animal
Control, to which Mr. Hurt responded in the affirmative.
The City Manager stated the City is very aggressive in citing
owners with dogs off leashes; that staff would follow up with the
Police Department and City Attorney to provide Council with an off
agenda report on the matter.
Mayor Johnson requested staff to provide a report on Police
Department policies regarding vicious dogs.
The City Manager stated the Chief of Police would provide a report
to Council on the matter.
Mayor Johnson inquired whether the matter would be considered
criminal under State law, to which the City Attorney responded in
the affirmative.
Mayor Johnson requested the Police Department report include
whether the matter is being pursued.
Councilmember Matarrese requested the Police Department report
include the criteria on how the animal control officers deal with
vicious dogs and off - leashed dogs.
Councilmember Kerr inquired whether the pit bulls were off leash,
to which Mr. Hurt responded the dogs were unrestrained.
Councilmember Kerr stated the City has received complaints from dog
owners because they are required to keep their dogs on leashes in
parks.
Mr. Hunt suggested various rules that he would like to see
implemented.
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July 1, 2003
COUNCIL COMMUNICATIONS
(03 -326) Councilmember Kerr stated a lobbyist is proposing that
the State pay cities $1000 per State mandate and make full payment
later; Tuolumne County sued and won a case on unfunded State
mandates; requested the City Attorney to review the case law.
(03 -327) Councilmember Matarrese stated when Council approved two
stop signs on Buena Vista, there was direction to review the impact
and additional signage on Lincoln Avenue and surrounding street;
requested an off agenda report providing a timeline for monitoring
and ensuring that the City has reviewed the issues, and progress on
the speeding problem.
The City Manager stated staff would monitor the issue and report
back to the City Council periodically.
Councilmember Matarrese inquired whether there would be direction
to the Transportation Commission to review planning, if necessary,
to which the City Manager responded in the affirmative.
(03 -328) Mayor Johnson invited everyone to attend the 4th of July
Parade.
ADJOURNMENT
There being no further business, Mayor Johnson adjourned the
Regular Meeting at 9:41 p.m.
Respectfully Submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
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