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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. Regular Meeting Alameda City Council July 1, 2003 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. Regular Meeting Alameda City Council 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 Regular Meeting 3 Alameda City Council 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 Regular Meeting 4 Alameda City Council 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 Regular Meeting Alameda City Council 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 Regular Meeting 6 Alameda City Council 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 Regular Meeting Alameda City Council 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. Regular Meeting g Alameda City Council 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 Regular Meeting Alameda City Council July 1, 2003 (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 Regular Meeting 10 Alameda City Council 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. Regular Meeting Alameda City Council 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. Regular Meeting 12 Alameda City Council 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. Regular Meeting 13 Alameda City Council July 1, 2003