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2004-01-06 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - JANUARY 6, 2004 - - 7:30 P.M. Mayor Johnson convened the regular meeting at 7:48 p.m. ROLL CALL - Present: Councilmembers Daysog, Gilmore, Matarrese and Mayor Johnson - 4. Absent: Councilmember Kerr - 1. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS None. CONSENT CALENDAR Mayor Johnson announced that recommendation to award Contract to International Parking Design, Inc. [paragraph no. 04 -005] ; the recommendation to endorse preferred option for proceeding with Webster Street Renaissance Project [paragraph no. 04 -006]; and introduction of Ordinance Amending the Alameda Municipal Code [paragraph no. 04 -009] were removed from the Consent Calendar for discussion. Vice Mayor Daysog moved approval of the remainder of the Consent Calendar. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 4. [Absent: Councilmember Kerr - 1.] [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *04 -003) Minutes of the Special Joint City Council and Alameda Reuse and Redevelopment Authority Meeting, the Special City Council Meeting and the Regular City Council Meeting held on December 16, 2003. Approved. ( *04 -004) Recommendation to award Contract in the amount of $118,500, including contingency, to Simco Construction, Inc. for Alameda Fire Station No. 3 Facade Repair and Apparatus Upgrade, No. P.W. 08 -03 -17 and allocate $150,000 from General Fund Reserves. Accepted. Regular Meeting Alameda City Council 1 January 6, 2004 (04 -005) Recommendation to award Contract in the amount of $950,000, including contingency, to International Parking Design, Inc. for Architectural Services for the Alameda Longs /Parking Structure, No. P.W. 08- 02 -12. Arthur Lipow, Alameda, stated that he objected to spending money for the planning of the parking structure and the theatre; stated that money could be better spent for school children. Lucy Gigli, Bike Alameda, stated it is important to have entrances and exits designed to ensure bike safety; reminded Council that 70 of auto parking should be reserved for long -term bicycle parking. Robb Ratto, Park Street Business Association (PSBR), concurred with Ms. Gigli's comments on long -term parking; stated that money is not being taken away from school children; that the project is funded with tax increment money designated for redevelopment projects. Jon Spangler, Alameda, concurred with Ms. Gigli's comments; stated that he is uncomfortable with losing $58,000 in contingency fees; that it would be better if the City had a signature on the Contract from Long's; stated that bicycle equivalence needs to be in terms of numbers, convenience and security. Vice Mayor Daysog stated that the City needs to move forward with the project; that the project is a prudent investment for beautifying the civic core. Vice Mayor Daysog moved approval of the staff recommendation. Councilmember Gilmore seconded the motion. Under discussion, Councilmember Gilmore stated that the project is a vital element for PSBR; that money spent will provide the City with sales tax revenue for the General Fund; stated it is important to make it convenient for residents to spend money in Alameda. Councilmember Matarrese stated that the project is critical for the City because of the increase in tax revenue; stated that it is important to have the design match the bicycle plan; suggested that bicycles be allowed to park at no charge. On the call for the question, the motion carried by unanimous voice vote - 4. [Absent: Councilmember Kerr -1.] (04 -006) Recommendation to endorse preferred option [Option VI, Regular Meeting Alameda City Council 2 January 6, 2004 State Relinquishes State Route 260 (Webster Street) from Atlantic Avenue to Central Avenue] for proceeding with Webster Street Renaissance Project, No. P.W. 07- 02 -07. Jon Spangler, Alameda, urged acceptance of staff recommendation if there is no significant impact on the Public Works' budget and a diligent search for alternative sources of income for the $52,000 annual maintenance cost. Georgia Madden, West Alameda Business Association (WABA) Design Committee and West End resident, stated West End residents support the project which will allow build out of the first phase and future phases; stated that creative options are not available with CalTrans; urged acceptance of staff recommendation. Michelle Fredrick, WABA Design Committee and West End resident, concurred with Ms. Madden; expressed appreciation to Public Works for a creative, compromising solution; encouraged continued commitment to the Webster Street Renaissance Project; urged support of the staff recommendation. Sherri Stieg, WABA, stated Option VI is the initial, crucial piece of the revitalization program for the West End; that acceptance of staff recommendation is in the economic best interest of the City. Mayor Johnson stated the Council is committed to the revitalization of the West End; stated Option VI is the best option; that she is not concerned about the $52,000 in maintenance costs because it is an investment that will create an economic return to the City. Councilmember Matarrese stated that it is important to get started on Webster Street. Councilmember Matarrese moved approval of the staff recommendation. Vice Mayor Daysog seconded the motion. Under discussion, Councilmember Gilmore, inquired if the State would not look elsewhere in the City to reinstate a State highway. The Public Works Director responded the State is not looking to re- establish a State highway. Councilmember Gilmore inquired how long the State legislature relinquishment process would take. The Public Works Director responded that a schedule would be set with lobbyists; staff would report back to Council. Regular Meeting Alameda City Council 3 January 6, 2004 Vice Mayor Daysog thanked the speakers, Webster Street residents and staff. On call for the question, the motion carried by unanimous voice vote - 4. [Absent: Councilmember Kerr - 1.] ( *04 -007) Recommendation to adopt Plans and Specifications and authorize Call for Bids for the Traffic Striping Program, No. P.W. 12- 03 -19. Accepted. ( *04 -008) Resolution 13675, " Establishing a Wastewater Capital Reserve Fund for the State Revolving Fund Program for Sanitary Sewer Rehabilitation and Replacement." Adopted. (04 -009) Introduction of Ordinance Amending the Alameda Municipal Code by Repealing Section 22 -7 (Newspaper and Periodical Vending Machines) of Article I (Streets), Chapter XXII (Streets and Sidewalks) and Adding a New Section 22 -7 (Newspaper and Periodical Vending Machines). Introduced. Robb Ratto, PSBR, stated that there are 156 free - standing racks on Park Street between San Jose Avenue and Lincoln Avenue and on Santa Clara Avenue between Broadway and Oak Street; stated that there are eighteen racks in front of Boogie Woogie Bagel Boy, making it impossible for passengers to get out of their cars at the first three parking spaces; stated that upon passage of the ordinance, a plan creating the first special news rack district [Park Street] will be presented within 30 to 60 days; stated that there is no intent to impede on anyone's First Amendment rights. Jon Spangler, Alameda, stated that making fewer racks available on any street means that there is de facto censorship; stated regardless of the quality of the publications, there is a need for a free society to honor a free press. Vice Mayor Daysog thanked former Councilmember /Vice Mayor Karin Lucas for her efforts to beautify Alameda; stated she would be proud to see the introduction of the ordinance; suggested forwarding a copy of the ordinance to her. Vice Mayor Daysog moved introduction of the ordinance. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 4. [Absent: Councilmember Kerr - 1.] ( *04 -010) Introduction of Ordinance Approving and Authorizing the Execution of Second Amendment to Lease Agreement Between Mariner Regular Meeting Alameda City Council 4 January 6, 2004 Square and Associates, as Lessee, and the City of Alameda, as Lessor, to Include an Additional Parcel of 2,739 Square Feet. Introduced. ( *04 -011) Ratified bills in the amount of $2,589,397.61. REGULAR AGENDA ITEMS (04 -012) Public Hearing to consider a General Plan Amendment GPA 03 -0003, Amendments to the Housing Element of the General Plan; and (04 -012A) Adoption of Resolution Adopting Amendments to the 2001- 2006 Housing Element of the General Plan. Not heard. Mayor Johnson closed the Public Hearing and announced that the matter would be noticed for a future date. (04 -013) Public Hearing to consider a Zoning Text Amendment, ZTA 03 -0005, relating to second units; Zoning Text Amendment, ZTA 03- 006, creating inclusionary housing requirements for residential projects; Zoning Text Amendment, ZTA 03 -007, creating residential density bonus provisions and incentives for affordable housing; (04 -013A) Introduction of Ordinance Amending Article XXX of the Alameda Municipal Code Relating to Second Units; (04 -013B) Introduction of Ordinance Adding Section 30 -16 of Article XXX of the Alameda Municipal Code to Create Inclusionary Housing Requirements for Residential Projects; and (04 -013C) Introduction of Ordinance Adding Section 30 -17 of Article XXX of the Alameda Municipal Code to Create Density Bonus Provisions and Incentives. Not heard. Mayor Johnson closed the Public Hearing and announced that the matter would be noticed for a future date. (04 -014) Public Hearing to consider an Appeal of the Planning Board's conditional approval of Major Design Review, DR02 -0161, to allow the demolition of a two -story single- family dwelling /daycare facility and the construction of two duplexes. The newly created dwelling units would consist of three two- bedroom units and one three - bedroom unit. Eight off - street parking spaces would be provided for the housing complex, in conformance with the parking standards of the Alameda Municipal Code. The site is located at 1510 Encinal Avenue within the R -4, Neighborhood Residential Zoning District. Applicant: Tam Nguyen. Appellant: John Faris; and (04 -014A) Resolution No Regular Meeting Alameda City Council January 6, 2004 13676, "Denying Major Design Review, DR02- 5 0161, at 1510 Encinal Avenue." Adopted. Mayor Johnson opened the public portion of the Hearing. The Planner II gave a brief oral report. Proponent: Li -Sheng Fu, Project Architect. Opponents: Sharon Barnhart, Alameda; James Blamire, Alameda; Barbara Mooney, Alameda; John Faris; Alameda, Susan Jaber; Alameda; and Ron Wong, Alameda. Vice Mayor Daysog inquired if safeguards are in place to ensure that parking spaces are not used as storage spaces. Mr. Fu responded that the parking spaces would not have doors, making it visibly apparent if the spaces were used for storage. The City Attorney stated that the City Code addresses proper use of parking spaces; that complaints could be reported to Code Enforcement to ensure compliance. Vice Mayor Daysog inquired if there was a guarantee that the Oak trees will not die in the next five years. Mr. Fu responded that the owners would hire an arborist during and after construction; that the arborist will review the foundation plan to determine if a pier system is needed to avoid cutting the root of the Oak trees. There being no further speakers, Mayor Johnson closed the public portion of the Hearing. Mayor Johnson inquired if the project should have been presented to the Historical Advisory Board. The Planner II responded that when the project came to the Planning Department, the 1942 Rule was not in effect; that the building is not listed on the Historical Building List as historically significant; a special demolition permit was not required; stated that the 2002 application has had extensive revisions made to it. Mayor Johnson inquired when the formal application was submitted. Regular Meeting Alameda City Council 6 January 6, 2004 The Planner II responded in November or December 2002. Mayor Johnson inquired what was requested in the original application. The Planner II responded the original application requested more bedrooms and more density; that staff worked to reduce the number of bedrooms and increase the parking. Mayor Johnson inquired if the historical ordinance should apply to the application. The City Attorney responded that the Planning Department's current application interpretation states that once an application is submitted, there is a vested right to have the application processed in conformance with the existing laws. Mayor Johnson stated there is a need to look at the issue. The Planner II stated that the Streamline Act keeps applications from dragging on for years. Mayor Johnson responded that the application has dragged on for some time. The Planner II stated that the application changed significantly over time; new applications were continually submitted; stated that at the point of completion, applications need to be completed within 90 days. Mayor Johnson inquired if a new application has been submitted. The Plannner II responded in the negative; stated that the application has been revised since the initial submittal. Mayor Johnson inquired if the application, under historic protections, would be a demolition by definition in the ordinances. The Planner II responded that if submitted today, under the current ordinance, the application would be under the historic demolition process. Vice Mayor Daysog inquired if the building is for rental property or condominiums. The Planner responded that the units are all rentals. Mayor Johnson inquired if privacy would be eliminated if the tree Regular Meeting Alameda City Council 7 January 6, 2004 were not there. The Planner II responded that the Planning Board discounted the rear yard alignment of the windows because of the yard depth; stated that the project has a full 20 -foot rear yard setback; that some homes at the rear of the property have rear yards in excess of 40 feet. Mayor Johnson inquired if the tree was a factor in maintaining the privacy. The Planner II responded in the affirmative; stated that the Planning Board wanted to maintain the canopy. Mayor Johnson stated designing and planning should not evolve around trees because of their life expectancy. The Planner II stated that surrounding trees were also considered in the Planning Board's decision. Vice Mayor Daysog inquired whether the application does not have to conform to the ordinance on demolition of buildings because it was submitted prior to the adoption of the ordinance. The Planner II responded in the affirmative; stated historical buildings are allowed to continue with historical characteristics provided that the particular characteristics have not been changed or altered; stated the proposal meets all current standards for setbacks, while many of the adjacent properties do not. The City Attorney stated that the ordinance on demolition was adopted in July, 2003 and that the application was deemed complete by the Planning Department in June, 2003. Mayor Johnson inquired if the application could be sent back to the Historical Advisory Board. The City Attorney suggested seeking consent of the property owner, stated that currently there is no provision in the City ordinance. Mr. Fu stated that he does not know what the decision of the owner would be; that the application process has conformed to the City's legal requirements. Vice Mayor Daysog suggested the application be sent to the Historical Advisory Board. Councilmember Matarrese stated that referring the application to Regular Meeting Alameda City Council 8 January 6, 2004 the Historical Advisory Board muddies the issue; that the current building is neither historic nor significant; stated that he cannot agree with the findings of the Planning Board regarding adverse impact of persons or property in the vicinity; stated that he supports upholding the appeal on the basis of the significant adverse impact; the matter should be sent back to the Planning Board to mitigate the impact. Mr. Fu stated that he respects the existing building style. Councilmember Matarrese stated that he objects to the impact on businesses and the immediate neighbors. Mayor Johnson concurred with Councilmember Matarrese. Councilmember Gilmore stated that having spent eight years on the Planning Board, the most difficult decisions are those involving residences butting up against commercial properties or single - family residences butting up against duplexes; the situation creates friction; the Code should be revised; there should be reasonable expectations when someone purchases property; stated that the project complies with all of the zoning requirements; that the owner has property rights and is entitled to construct the number of units requested; stated that the solution is not to deny the property owner the right to build; expressed deep sympathies for both parties. Mayor Johnson stated regardless of compliance with zoning, the analysis of impacts should be addressed. Councilmember Gilmore stated that the Zoning Code is out of date; that the Code deserves a comprehensive overview and revision; stated change is needed if the rules are not working for the community. Councilmember Matarrese moved adoption of resolution upholding the appeal [and denying Major Design Review] based on significant adverse impact. Vice Mayor Daysog seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Daysog, Matarrese and Mayor Johnson - 3. Noes: Councilmember Gilmore - 1. [Absent: Councilmember Kerr - 1.] The City Attorney stated that a resolution would be prepared based upon the information that effectuates the Council's decision. (04 -015) Public Hearing on Housing and Community Needs (Community Regular Meeting Alameda City Council 9 January 6, 2004 Development Block Grant). The City Manager stated the Public Hearing is the initial process in the two -year financial plan with respect to this Community Development Block Grant (CDBG) activity; that CBDG funding is projected to be just under $1.6 million for public purpose needs such as the food Bank and Red Cross. Vice Mayor Daysog inquired if anything could be done to exceed the $1.6 million cap directed to public services. The Community Programs and Housing Division Manager responded that there is a 15% cap on the use of CDBG funds for public services; that there are fewer than 10 communities in the nation that have a waiver; stated staff is reviewing a strategy, through a community engagement process, to allow certain exceptions to the 15% cap; stated that process is labor intensive; that she anticipates having a plan in place next year. Hugh Cavanaugh, Alameda Food Bank, stated the shift in demand for services has been significant; that there is about a 50% increase in clients' need from two years ago; urged Council support for new funding or shift in funding to provide services. Steven Currie, Social Service Human Relations Board (SSHRB), stated two years ago a recommendation was made to have the majority of the funding go to safety net services including food, shelter, health care services and other basis needs; stated that the SSHRB supports the continuation of the funding proposed in the two -year funding cycle and supports the Food Bank and Red Cross; stated that another way to improve the capacity of social service organizations is to increase volunteerism; stated that Board is hosting a Valentines Day Volunteer Fair. Mayor Johnson stated it is important to have publicity on the event. The City Manager stated that any additional comments or concerns should be submitted; Council does not have to take action tonight. Mayor Johnson closed the Public Hearing. ORAL COMMUNICATIONS, NON- AGENDA. (04 -016) Mosetta Rose London, Alameda Island Poets, presented a letter to the Council requesting that the Alameda Officer's Club be renamed, "The Albert H. DeWitt Civic Center." Regular Meeting Alameda City Council 10 January 6, 2004 Mayor Johnson stated that the renaming of the O'Club is an excellent suggestion. (04 -017) Jon Spangler, Alameda, inquired when all agendas with complete staff reports would be available on -line. The City Manager responded that the City is continually making progress in providing information on -line. Jon Spangler concurred with Councilmember Gilmore's comments on the need to update the zoning regulations. (04 -018) Joanne Randolph, Alameda, submitted comments to Council; requested that the City Council provide signs restricting business trucks from parking on Foley Street; stated that there is a gardening business that occupies 900 of the limited parking. Mayor Johnson inquired if there was an ordinance covering parking of commercial vehicles. Councilmember Gilmore stated that there are parking restrictions if a business operating out of a home is in a residential zone. Mayor Johnson inquired if businesses are allowed to operate in neighborhoods. The City Manager responded in the affirmative, if a Home Occupation Permit has been issued. The City Attorney stated that the Home Occupation Permit includes restrictions on parking and neighborhood impact; staff would look into various enforcement options. (04 -019) Mary Rudge, Alameda Poet Laureate, encouraged Council to honor Al DeWitt in a big and beautiful way, such as a bust, mural or sculpture. COUNCIL COMMUNICATIONS (04 -020) Councilmember Matarrese requested that staff begin the process for naming the 0' Club in memory of Al DeWitt as suggested by Ms. London. Mayor Johnson stated that the suggestion should go through the process; noted property may not be acquired for several years. The City Manager stated that a monument could be placed on the site until the acquisition of the property. Regular Meeting Alameda City Council 1 1 January 6, 2004 ADJOURNMENT There being no further business, Mayor Johnson adjourned the regular meeting at 9:50 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 12 January 6, 2004