2003-07-15 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY - - JULY 15, 2003 - - 7:30 P.M.
Mayor Johnson convened the meeting at 7:35 p.m.
ROLL CALL - Present: Councilmembers Daysog, Matarrese and
Mayor Johnson - 3.
Absent: Councilmember Kerr - 1.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(03 -330) Presentation of Certificates of Service to former
Economic Development Commission Member Robert B. Hessler, former
Public Utilities Board Member W. Lance Russum and former Social
Service Human Relations Board Member Edwin Dankworth.
Mayor Johnson presented Certificates of Service to W. Lance Russum
and Edwin Dankworth.
Vice Mayor Daysog thanked all members of the Public Utilities Board
for the cable television fiber optics project.
(03 -331) Proclamation commending the Bayview Women's Club for
decades of service.
Mayor Johnson read the proclamation and presented it to Bev
Buhnerkempe, Vice President of the Bayview Women's Club.
(03 -332) Presentation by Park Street Business Association on the
Annual Art and Wine Faire.
Robert and Tracy McKean, Co- Chairs of the Art and wine Faire,
invited Council to attend the 19th Annual Art and Wine Faire on
August 2nd and 3rd; Robb Ratto, Park Street Business Association,
presented Council with limited edition wine glasses.
CONSENT CALENDAR
Mayor Johnson announced that the Adoption of Resolution Authorizing
the First Amendment to the Joint Powers Agreement for
Implementation of a Transit Shelter Advertising Program [paragraph
no 03 -340] and the Introduction of Ordinance Amending the Alameda
Municipal Code to Amend the Threshold for Formal Bidding Procedures
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July 15, 2003
for Public Projects, Goods and Supplies [paragraph no. 03 -342] were
removed from the Consent Calendar for discussion.
Councilmember Matarrese moved approval of the remainder of the
Consent Calendar.
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 3. [Absent: Councilmember Kerr - 1.]
[Items so enacted or adopted are indicated by an asterisk preceding
the paragraph number.]
( *03 -333) Minutes of the Special and Regular City Council Meetings
held on July 1, 2003. Approved.
( *03 -334) Recommendation to accept the work of Aztec Consultants,
Inc. for Carnegie Building Phase 1 Improvement - Structural
Stabilization (Seismic) and Related Improvements, No. P.W. 08 -99-
22. Accepted.
( *03 -335) Recommendation to adopt Plans and Specifications and
authorize Call for Bids for City Hall West Roof Replacement
Project, No. P.W. 12- 02 -19. Accepted.
( *03 -336) Recommendation to adopt Plans and Specifications and
authorize Call for Bids for Alameda Point Multi Use Field Project,
No. P.W. 12- 02 -18. Accepted.
( *03 -337) Adopted Resolution No. 13617, "Approving the Filing of an
Application for Elective Coverage Under State Disability Insurance
for All Alameda Management and Confidential Employees Association
Covered Employees Pursuant to Section 710.5 of the California
Unemployment Insurance Code." Adopted.
( *03 -338) Adopted Resolution No. 13618, "Requesting and Authorizing
the County of Alameda to Levy a Tax on All Real and Personal
Property in the City of Alameda as a Voter Approved Levy for the
General Obligation Bonds Issued Pursuant to a General Election held
November 7, 2000." Adopted.
( *03 -339) Adopted Resolution No. 13619, "Approving Parcel Map No.
7646 and Accepting Dedication of Public Utility Easement." Adopted.
(03 -340) Adoption of Resolution Authorizing the City Manager to
Execute the First Amendment to the Joint Powers Agreement for
Implementation of a Transit Shelter Advertising Program. Not
Adopted.
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July 15, 2003
Tom Darnell, Lamar Advertising, stated that Lamar Advertising
provides the shelters for AC Transit; that he would be available to
answer any questions regarding operations, maintenance and
advertising.
Ed Clark, West Alameda Business Association (WABA), stated the sign
ordinance was developed to preserve the aesthetics of business
districts; the sign ordinance is beneficial to merchants and
citizens; bus shelter advertising is the antithesis of the sign
ordinance; WABA is open to discussion.
Sherri Stieg, WABA, stated that the City has assured PSBR and WABA
that business districts do not have to have bus shelters; the
advertising company is specifically interested in placing bus
shelters in business districts; the staff report states prior to
finalizing bus shelter locations, Public Works will meet with PSBR
and WABA to reach a consensus on locations in the business
districts; selecting a location for bus shelters is not the same as
deciding whether bus shelters are wanted; WABA's design committee
cannot attend all negotiations; PSBR and WABA would like to decide
whether to accept bus shelters in their districts.
Robb Ratto, Park Street Business Association (PSBR), submitted a
memo from Pete Halberstadt, PSBR Design Chair; stated the
streetscape process anticipated advertising bus shelters in the
district noting visual clutter, visual focus, scale, quality,
design, and vandalism; advertising bus shelters are not appropriate
for the Park Street Streetscape project; PSBA's intention is to
place bus shelters in the district; advertising bus shelters are in
conflict with the bus shelters designed by PSBR; advertising bus
shelters would not match the street furniture and overall flavor of
the street; the design committee, streetscape committee, and board
of directors are against bus shelter advertising in the district;
requested that the Agreement be changed to exclude Park Street and
Webster Street districts.
Mayor Johnson inquired whether the Agreement can be changed to
exclude Park and Webster Street districts, to which the City
Manager responded in the affirmative.
The Public Works Director stated the proposed Joint Powers
Agreement (JPA) does not address locations; the JPA covers working
with AC Transit and Lamar Advertising to review locations for
shelters; the business districts' prefer to be excluded from the
bus shelter program.
Mayor Johnson stated that business districts agreed to design and
install their own bus shelters consistent with their streetscapes;
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business districts would like to be excluded from the Transit
Shelter Advertising Program.
The City Manager stated the business districts bus shelter designs
would have to meet the City's transportation needs; business
districts can be excluded from the program.
The Public Works Director stated WABA is not interested in bus
shelters.
Sherri Stieg, WABA, stated WABA has not reached a consensus on bus
shelters; WABA would like an assurance that it could decide whether
bus shelters would be placed in the district.
Don Patterson, Alameda, stated citizens are concerned about
Alameda's image; the bus shelter program should address the entire
City; shopping centers should be incorporated into the program;
there is an inconsistency of having an effective sign ordinance
that amortizes billboards but allows advertisements on shelters.
Golda Mason, Alameda Transit Advocates (ATA), stated that she is in
favor of adopting a bus shelter program; Lamar Advertising
presented an attractive shelter design; advertising should be at a
minimum on the shelters; encouraged the advertising company to work
with local businesses.
Mayor Johnson stated the purpose of the program is to provide
shelters for people waiting for the bus; PSBR offered to put in
their own bus shelters without advertising.
Councilmember Matarrese inquired how the sign ordinance fits with
the proposed advertising in the shelters.
The Public Works Director stated final passage of an ordinance
amending the sign ordinance will allow for advertising on bus
shelters; said matter is on the agenda for approval.
Mayor Johnson inquired how much control Council would have over
placement and size.
The Public Works Director responded the placement of the signs is
set; stated that content is at Council's discretion.
Vice Mayor Daysog stated WABA and PSBR must have final say on the
terms of any bus shelter programs in their districts; bus shelters
are also needed outside of commercial areas; that he would like
PSBR and WABA to move forward with a bus shelter program on their
terms and to move forward with the program for the rest of the
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City.
Councilmember Matarrese stated the advertising that would appear in
the shelters would not be allowed under the current sign ordinance.
The Assistant City Attorney stated there are various exemptions to
the sign ordinance; Council's action would add another exemption to
the sign ordinance allowing advertising in bus shelters.
Councilmember Matarrese inquired whether there is a comparable
exemption in the sign ordinance.
The Assistant City Attorney stated the placement of signs on
residential properties and the placement of political signs are
examples of current exemptions in the sign ordinance.
Councilmember Matarrese inquired whether the exemptions are
comparable to advertising signs, to which the Assistant City
Attorney responded in the negative.
Vice Mayor Daysog moved adoption of the resolution with the
stipulation that WABA and PSBR must have final say on the terms of
any bus shelter programs in their districts.
Mayor Johnson inquired whether PSBR and WABA should be excluded
from the program.
The Assistant City Attorney stated Council is considering a
recommendation to enter into a Joint Powers Agreement with other
cities that are part of the bus shelter program; implementation
details would be worked out at a later date.
Vice Mayor Daysog stated Council can give PSBR and WABA assurances
regarding their roles in the program and also move forward with the
Agreement.
Councilmember Matarrese stated PSBR does not want advertising bus
shelters and WABA is uncertain about bus shelters; the staff report
defines locations and the business district that would be
represented; inquired whether the motion is to exclude the business
districts.
Mayor Johnson stated that she would like Webster and Park Street
Districts to work with the City to put in bus shelters without
advertising; Council can exclude PSBR and WABA from the Agreement
with the understanding that they will work with the City regarding
bus stops that do not have shelters.
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The Assistant City Attorney stated Council can give direction to
staff that WABA's and PSBA's positions are taken into consideration
in negotiating the locations; the staff report mentions 250 of all
the bus shelters cannot have advertising, and addresses special
designs.
Councilmember Matarrese stated that he is concerned about excluding
250 of the non - advertising shelters from business districts; then,
advertising shelters would end up in residential neighborhoods;
questioned whether a bus shelter advertising exemption should be
included in the sign ordinance; stated that he would like to locate
funding for non - advertising bus shelters in neighborhood areas.
Vice Mayor Daysog stated the balance would be to provide shelters,
which maintain the aesthetics of the neighborhood, within the
City's fiscal constraints; the business districts' concerns are the
integration of the bus shelter program with their streetscape
program.
Mayor Johnson stated the purpose of the program is not to provide
advertising; the purpose of the program is to fill a need for bus
shelters; the program is one way to make a commitment to bus
shelters; advertising is only one way to pay for the shelters;
the Joint Powers Agreement helps to fund the shelters.
Vice Mayor Daysog stated that he would support excluding the
business districts from the Agreement.
Councilmember Matarrese inquired whether Council can chose not to
implement the program after entering into the JPA.
The Assistant City Attorney responded Council may chose to remove
Alameda from the JPA prior to implementation or Council may enter
into a separate Agreement with Lamar Advertising.
Vice Mayor Daysog moved adoption of the resolution with the
stipulation that WABA and PSBR must have final say on the terms of
any bus shelter programs in their districts.
Mayor Johnson seconded the motion.
The motion failed by the following voice vote: Ayes: Vice Mayor
Daysog and Mayor Johnson - 2. Noes: Councilmember Matarrese -1.
[Absent: Councilmember Kerr - 1.]
( *03 -341) Introduction of Ordinance Amending Alameda Municipal Code
by Amending Subsection 3 -59.17 (a) (Filing Claim) of Subsection 3-
59.17 (Refunds) of Section 3 -59 (Utility Users Tax), of Chapter III
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(Finance and Taxation) to Shorten the Filing of Claim Period from
Three Years to One Year. Introduced.
(03 -342) Introduction of Ordinance Amending Alameda Municipal Code
by Amending Subsection 2 -61.1 (Informal Bid Procedures) , 2 -61.4
(Award of Contract) and 2 -61.6 (Goods and Supplies) of Section 2 -61
(Bidding Procedures on Public Projects and Goods and Supplies) of
Chapter II Administration to Amend the Threshold for Formal Bidding
Procedures for Public Projects, Goods and Supplies as Allowed under
the California Uniform Public Construction Cost Accounting
Procedures Act (Section 22000 of the Public Contract Code) and
Other Relevant State Law. Not introduced.
Vice Mayor Daysog stated that he would like to keep the threshold
for formal bidding procedures at $25,000.
The City Manager stated the staff recommendation would allow staff
to approve contracts up to $100,000.
The Assistant to the City Manager inquired whether Vice Mayor
Daysog is referring to increasing purchase of goods and materials
from $25,000 to $50,000.
Vice Mayor Daysog stated that he would like to stay at a lower
threshold.
The City Manager stated the provision is to allow staff to increase
the formal bidding threshold to $100,000 in order to comply with
the current State requirement.
The Assistant to the City Manager stated the staff recommendation
is to: 1) increase the threshold for formal bidding of public
projects from $75,000 to $100,00 to comply with the State
requirement; and 2) increase the threshold for materials and
supplies from $25,000 to $50,000.
Mayor Johnson stated she would like to keep the current thresholds.
The City Manager stated the recommendation allows staff to carry
out City Council approved programs and projects up to $100,000.
Councilmember Matarrese inquired whether Alameda is at a
competitive disadvantage.
The Assistant City Attorney stated that due to rising construction
costs, the State set the threshold for formal bidding procedures at
$100,000 and the threshold for informal bidding procedures at
$50,000; the action before Council is to increase said limits to be
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consistent with the State.
Mayor Johnson announced there was no motion.
The introduction of Ordinance failed due to a lack of motion.
( *03 -343) Ratified bills in the amount of $2,280,668.10.
REGULAR AGENDA ITEMS
(03 -344) Final passage 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. Not passed.
Don Patterson, Alameda, stated that he does not want advertising in
residential neighborhoods or along Shore Line Drive; inquired
whether Council has seen the bus benches with advertisements;
stated that bus benches with advertising are a violation of the
sign ordinance.
Mayor Johnson announced the matter would be pulled due to the
failure to adopt a Resolution Authorizing the City Manager to
Execute the First Amendment to the Joint Powers Agreement for
Implementation of a Transit Shelter Advertising Program.
ORAL COMMUNICATIONS, NON- AGENDA
(03 -345) Peter Hagberg, Alameda, addressed disagreement with
lawful parade participants and suggested review of Social Service
Human Relations Board Member's activities.
(03 -346) Kenneth Graham, Alameda, discussed the increasing noise
level at the Animal Shelter.
Mayor Johnson requested the City Manager follow up with Mr. Graham.
(03 -347) Kurt Peterson, Alameda, addressed the City Council
vacancy.
(03 -348) Robb Ratto, Park Street Business Association (PSBR),
urged Council to reconsider the decision regarding bus shelters;
stated bus shelters are needed in the community; PSBR would
construct shelters for the Park Street district.
(03 -349) Sherri Stieg, West Alameda Business Association (WABA),
stated WABA is not opposed to bus shelters; WABA would like final
say about what is placed in the district; WABA will consider bus
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shelters for the business district; WABA is concerned about the
comfort of Alameda citizens.
COUNCIL COMMUNICATIONS
(03 -350) Selection of an Elected Official to serve on the Oakland
Airport Community Noise Management Forum.
Councilmember Matarrese moved approval of selecting Mayor Johnson
as the primary official and Vice Mayor Daysog as the alternate.
Mayor Johnson seconded the motion, which carried by unanimous voice
vote - 3. [Absent: Councilmember Kerr - 1.]
(03 -351) Status of the George E. McDonald Hall of Justice
(Municipal Court) .
Councilmember Matarrese requested staff to review how Alameda can
work with the County to ensure the Courthouse will remain open;
requested the City have a backup plan in the event of closure;
requested a report on options.
Mayor Johnson suggested the City participate in the Alameda County
Court master planning process.
(03 -352) Councilmember Matarrese suggested Council consider an
official City memorial in memory of Councilmember Al DeWitt;
requested staff to provide a report outlining options.
The City Manager stated that staff would provide Council with the
guidelines and options; suggested the 62 -unit project at Catellus
be considered; that Council ask for said recommendation from the
Housing Commission; stated that Councilmember DeWitt sat on the
Housing Board of Commissioners and was committed to fair housing in
the City.
(03 -353) Councilmember Matarrese requested staff to provide a
status report on the plans to repair Firehouse #3.
The City Manager stated staff would provide Council with a report;
that there is a placeholder in the Capital Improvement Program to
be reviewed by Council next spring.
(03 -354) Mayor Johnson requested staff to provide a report on
other options for installing bus shelters.
Councilmember Matarrese concurred with Mayor Johnson.
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The City Manager stated bus shelters could be included as an
element in creating a long -term transportation plan.
ADJOURNMENT
There being no further business, Mayor Johnson adjourned the
Regular Meeting at 9:06 p.m. with a moment of silence in memory of
Councilmember Al DeWitt.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
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July 15, 2003