2004-02-03 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY - - FEBRUARY 3, 2004 - - 7:30 P.M.
Mayor Johnson convened the regular meeting at 7:49 p.m.
ROLL CALL - Present: Councilmembers Daysog, Gilmore, Kerr,
Matarrese and Mayor Johnson - 5.
Absent: None.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
None.
CONSENT CALENDAR
Mayor Johnson announced that the recommendation to approve a second
mortgage loan from the City to the Human Resources Director
[paragraph no. 04 -044] was removed from the Consent Calendar for
discussion.
Vice Mayor Daysog moved approval of the remainder of the Consent
Calendar.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
[Items so enacted or adopted are indicated by an asterisk preceding
the paragraph number.]
( *04 -043) Minutes of the Special and Regular City Council Meetings
held on January 20, 2004. Approved.
(04 -044) Recommendation to approve a second mortgage loan from the
City to the Human Resources Director.
Don Peterson, Alameda, stated that special treatment should not be
given to Department Heads; money could be used in a better way.
Horst Breuer, Alameda, stated cities will be in deep financial
trouble in the next few years; cautioned the Council to look
carefully before approving the $100,000 loan.
The City Manager stated that many communities in the Bay Area use
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Alameda City Council
February 3, 2004
mortgage assistance as a recruitment tool for executive staff; that
he is in the process of establishing a formal policy for Council
review.
Councilmember Gilmore inquired whether mortgage assistance was
offered as a recruitment incentive; to which the City Manager
replied in the negative.
Mayor Johnson inquired whether there would be a cost to the City
for the program; to which the City Manager responded in the
negative.
Councilmember Kerr stated the matter should be reconsidered because
of today's financial situation; that she has concerns with an
interest - payment only loan.
Mayor Johnson inquired how the principle would be paid back; to
which the City Manager responded that within six months of
employee's termination of service, the entire principle would be
repaid to the City.
Councilmember Matarrese stated that he would like to see a policy
established; that because of tight financial times, the City cannot
afford to extend the offer to existing employees without a policy.
Councilmember Kerr inquired why the City would not be receiving
both principle and interest payments.
The City Manager responded that principle and interest payments can
be an included in the policy.
Councilmember Matarrese stated that sequence is important; in the
previous case, direction was given prior to employee accepting the
position, which is not the current case; in the absence of a
policy, he would not support the loan.
Mayor Johnson stated the goal behind the program is important; that
she routinely is asked why many City employees do not live in
Alameda; Alameda is a high -cost area to live; that [mortgage
assistance] is a good tool to enable City employees to live in
Alameda without having to pay them more; that she supports
establishing a policy.
Councilmember Gilmore stated that [mortgage assistance] is a good
recruitment and retention tool; there is a high learning curve with
new hires; that she supports the goal of the policy, but would be
leery of loan approval without a policy; consistency and clear
expectations are needed.
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Alameda City Council
February 3, 2004
Mayor Johnson requested that a policy be brought back to Council
for consideration.
The City Manager stated that he would withdraw the recommendation;
a draft policy would be returned for consideration.
Councilmember Gilmore encouraged requests be brought back to the
Council once the policy is in place.
( *04 -045) Ratified bills in the amount of $602,086.05.
REGULAR AGENDA ITEMS
(04 -046) Resolution No. 13678, "Appointing Jo Kahuanui as a Member
of the Recreation and Parks Commission." Adopted.
Vice Mayor Daysog moved adoption of the Resolution.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
The City Clerk administered the Oath of Office and presented Ms.
Kahuanui with a Certificate of Appointment.
(04 -047) Public Hearing to consider a recommendation by the
Historical Advisory Board to the City Council to designate the Del
Monte Building, located at 1501 Buena Vista Avenue, City Monument
#28; and
(04 -047A) Resolution No. 13679, "Designating the Del Monte Building
City Monument #28." Adopted.
Mayor Johnson opened the Public Hearing.
Proponents: Horst Breuer, Alameda; and Lil Arnerich, former
Councilmember.
There being no further speakers, Mayor Johnson closed the Public
Hearing.
Councilmember Kerr inquired what type of restrictions would be
placed on the building.
The Supervising Planner responded that the Historical Advisory
Board (HBA) and Alameda Architectural Preservation Society have
approved the rehabilitation plan; treatment of the building is
consistent with the Secretary of the Interior standards.
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Alameda City Council
February 3, 2004
Councilmember Kerr inquired whether adding a modern superstructure
would be permitted; to which the Supervising Planner responded in
the negative.
The Supervising Planner stated that the removal of the historical
monument would be under the preview of the HAB as well as
structural alterations and modifications of character - defining
elements.
Councilmember Kerr inquired whether a closer look by the HAB would
be required; to which the Supervising Planner responded in the
affirmative.
Vice Mayor Daysog moved adoption of the Resolution.
Councilmember Gilmore seconded the motion, which carried by
unanimous voice vote.
(04 -048) Public Hearing to consider revisions to the Development
Regulations (ZA03 -0001) contained within Chapter XXX of the
Alameda Municipal Code (AMC), more commonly referred to as the
Zoning Ordinance. Continued to March 16, 2004.
The Planning and Building Director, Planning Board President,
Development Review Manager and Supervising Planner gave a brief
presentation.
Mayor Johnson opening the Public Hearing.
Patricia Bail, Keep Measure A Committee, addressed open space
requirements.
Jim Sweeney, Alameda, addressed open space requirements.
Lee Stuart Darrow, Alameda, urged patios and bay windows be
permitted on front yards.
Diane Coler -Dark, Alameda, addressed open space requirements.
Jean Sweeney, Alameda, addressed open space requirements.
There being no further speakers, Mayor Johnson closed the Public
Hearing.
Councilmember Kerr stated that usable open space requirements have
affected infill; that she is concerned about the new definition of
landscaping, which reduces what is currently defined as usable open
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February 3, 2004
space; the term " usable open space" has made the difference in
infill and the developed in different neighborhoods; property
rights should not be taken away from the people who have purchased
homes.
Mayor Johnson inquired what the trade off was between private and
common open space.
The Supervising Planner responded that the direction received from
the Council and the Planning Board was to make as few changes as
possible; currently, 120 square feet of private open space is
required for all ground -floor units developed in the R -1 through R-
6 districts; for an upper -floor unit, the requirement is 60 square
feet; the change would require 120 square feet for upper floors.
Mayor Johnson inquired whether the amount of common open space
would change; to which the Supervising Planner responded that the
concept of common open space is eliminated.
Councilmember Kerr stated there has been the elimination of the
concept of usable open space; the definition of open space is
complicated; open space should not be reduced.
Councilmember Gilmore requested a review of examples of
applications.
The Development Review Manager stated that sample site plans would
be provided showing how rules would apply under today's regulations
versus proposed regulation.
Councilmember Kerr stated the key difference in zoning areas has
been the usable open space requirement.
Mayor Johnson inquired whether there was a landscape maintenance
requirement to ensure that landscape is properly maintained.
The Development Review Manager responded that the Ordinance does
not specifically address property maintenance issues; complaints
could be handled through Code Enforcement.
Mayor Johnson inquired whether there was a change in tandem
parking; to which the Supervising Planner responded that a change
was not recommended.
Mayor Johnson inquired whether there is a cap on the number of
tandem parking spaces; to which the Supervising Planner responded
that tandem parking spaces can only serve an individual unit.
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Alameda City Council
February 3, 2004
Mayor Johnson suggested a tandem parking cap be considered.
Mayor Johnson inquired whether termination of a variance or use
permit has been extended to two years from the time of
construction; to which the Development Review Manager stated the
two -year extension is initiated at the start of the project.
Mayor Johnson inquired what the time requirement would be to
complete a project; to which the Development Review Manager stated
once a building permit is issued, inspections are required every
six months.
Mayor Johnson suggested review of not capping the number of parking
spaces to three spaces for each dwelling unit.
Vice Mayor Daysog stated Alameda is a City with high expectations;
revisions need to address beautifying Alameda and not just
streamlining the planning processes.
Councilmember Matarrese suggested review of rules and regulations
pertaining to compatibility of renewing or transferring use
permits.
Councilmember Kerr moved approval of continuing the matter to the
March 16, 2004 meeting.
Vice Mayor Daysog seconded the motion, which carried by unanimous
voice vote -5.
Mayor Johnson called a recess at 9:30 p.m. and reconvened the
Meeting at 9:50 p.m.
(04 -049) Recommendation related to the application of State
prevailing wages for Public Works construction and capital
improvement projects.
Mayor Johnson opened the Public Hearing.
Speakers: Barry Luboviski, Building and Construction Trades
Council of Alameda County; Jufy Goff, Central Labor Council of
Alameda County and Alameda resident; Ron Mackrowt, Alameda; Don
Peterson, Alameda; Diane Ravnik, Northern California National
Electrical Contractors Association; Suzzette Kenney, Alameda;
William Kenney, Alameda; Dutch Monroe, Operating Engineers Local;
James McTiernan, Sheet Metal Workers Local 104; Victor Uno,
International Brotherhood of Electric Workers (IBEW) Local 595;
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February 3, 2004
Michael Longeuay, Sheet Metal Workers Local 104 Apprenticeship;
Andrew Slivka, Carpenters Union Local #713; Ed Clark, West Alameda
Business Association; Matt Maloon, IBEW 595; Robb Ratto, Park
Street Business Association; Sherri Stieg, Alameda; Cathy Leong,
Alameda Chamber of Commerce; Roberta Rossi, IBEW Local 595.
The following individuals submitted speakers slips to have their
names in the record in favor of prevailing wage: Tito Heredia,
Sheet Metal Workers Local 104; Marlin Johnson, Sheet Metal Workers
Local 104; Ruben Lopez; Francisco Nieto; Jim Stagg, IBEW Local 595;
Gary Cortes; Ron, Glaziers Local 169; Kenneth Christian, Alameda;
Gene Hopkins, Alameda Building Trades; Steve Havens, D.C. 16- IVPAT;
Stu Helfer, Teamsters Local 853; and Carl Frederickson, Sheet Metal
Workers Local 104.
There being no further speakers, Mayor Johnson closed the Public
Hearing.
Vice Mayor Daysog stated that costs concerning Alameda Power and
Telecom (AP &T) and Golf are not warranted; rate payers could assume
costs; enterprise funds would continue to be competitive; Public
Works costs are a serious concern.
Councilmember Matarrese stated there is a need to look at end -
costs when prevailing wage is not the standard; that he is in favor
of adopting a prevailing wage policy for the City.
Councilmember Kerr stated that paying prevailing wage is not
prevented by retaining rights as a Charter City; that she does not
want to give up local control; Alameda should retain the
flexibility to decide on a project -by- project basis; that she does
not want to encumber future Councils and take away discretion; that
she will support Recommendation 1 [Continue to retain discretion
whether to require payment of prevailing wages.].
The General Manager stated that prevailing wage is paid on most
jobs; AP &T is asking for discretion in competitive areas; the cost
of the lower [non - prevailing wage] Contract averages $28 per- hour
with a bonded contractor.
Councilmember Gilmore inquired whether an endorsed prevailing wage
policy would apply to the School District; to which the City
Manager responded that the School District is autonomous.
Councilmember Gilmore stated that she agrees with the importance of
a livable wage; the State Supreme Court could revoke any prevailing
wage decision in the next few weeks.
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Alameda City Council
February 3, 2004
Councilmember Matarrese inquired whether the City made a policy
based on the 1996 Resolution.
The City Attorney responded that the 1996 Resolution was prepared
by the Building Trades Council; the Building Trades Council
requested that the City take a policy position that the existing
prevailing wage laws be upheld; the Resolution was not a direction
in terms of a policy; the Resolution states that the City of
Alameda supports a prevailing wage requirement; in 1996, the
Council supported the Building Trades Council in opposing the State
legislative action to reduce prevailing wage requirements.
Councilmember Matarrese stated that he understands the context, but
that is not what the Resolution states; that there is a long
history on local control versus the overall concern of the Country;
that he believes prevailing wage is a matter of State concern; data
indicates that the costs are not saved by reducing wages.
Mayor Johnson requested that the City Attorney address the Building
Trades Council's current request for a Resolution.
The City Attorney responded that a sample Resolution was previously
submitted to the Council; the Building Trades Council seeks a
policy statement from the Council indicating that prevailing wage
is an area of statewide concern; the Resolution would be presented
to the State Supreme Court.
Mayor Johnson inquired whether the Council has the ability to
consider the request tonight; to which the City Attorney responded
in the affirmative.
Mayor Johnson inquired whether a previous Council was forwarded
letter to the Building Trades Council.
The City Attorney responded that a letter was voted on by the
Council and forwarded to the Building Trades Council; the letter
was rescinded; Council considered additional language which was
agreed to by the Building Trades Council in lieu of a Resolution;
the Council has not acted on the subsequent letter and Council
chose to place the item for public discussion.
Mayor Johnson inquired whether the City Attorney thought the second
letter was acceptable in representing the City's interests.
The City Attorney responded that the Council defined the City's
interest; the letter addressed the policy issue but not
implementation [of prevailing wage requirements].
Regular Meeting
Alameda City Council
February 3, 2004
Councilmember Gilmore stated that the letter submitted to the State
would take away the City's ability to decide on whether to pay
prevailing wage.
Councilmember Matarrese stated the City should acknowledge that the
matter is a statewide concern; the courts will establish the law
for the State.
Vice Mayor Daysog stated that prevailing wage ought to be an issue
of statewide concern.
Councilmember Kerr stated tariffs previously protected United
States workers; jobs are lost in the United States because of
competitive labor; that she would not vote to turn decision - making
authority over to the State.
Councilmember Matarrese moved that the City of Alameda send a
letter to the State Supreme Court indicating that the matter of
prevailing wage is a statewide concern.
Vice Mayor Daysog seconded the motion, which carried by the
following voice vote: Ayes: Councilmembers Daysog, Matarrese, and
Mayor Johnson - 3. Noes: Councilmembers Gilmore and Kerr - 2.
(04 -050) Final Passage of Ordinance No. 2918, "Approving and
Authorizing the Sale of a Vacated Portion of Adams Street." Finally
passed.
Councilmember Kerr moved final passage of the Ordinance.
Councilmember Gilmore seconded the motion, which carried by
unanimous voice vote -5.
ORAL COMMUNICATIONS, NON- AGENDA
(04 -051) Richard Neveln, Alameda, stated that North America Free
Trade Agreement and investment tax credits at the national level
are affecting the entire economy of the nation and need to be
revisited; stated that the Public Transit Committee and City
Council passed a resolution a couple of years ago making the City
of Alameda a Transit First City; that he hopes in addition to
parking, the Zoning Ordinance provisions address how the City of
Alameda operates as a Transit First City relative to building,
parking and congestion.
COUNCIL COMMUNICATIONS
(04 -052) Consideration of Mayor's nomination for appointment to the
Housing Commission (Senior Tenant seat).
Regular Meeting
Alameda City Council
February 3, 2004
Mayor Johnson nominated Nancy Gormley to the Housing Commission.
(04 -053) Councilmember Kerr stated that Senate Bill 744, which
allows developers to appeal directly to the State Department of
Housing and Community Development (HCD) if they are dissatisfied
with a local decision, has been passed by the State Senate; the HCD
approves the Housing Element; the Bill would allow developers to
appeal the land use and building decisions of a City Council to
HCD; the Bill is now in the Assembly; encouraged Council and
residents to contact Assemblywoman Wilma Chan to voice opposition
to the Bill.
Mayor Johnson inquired what issues can be appealed to the HCD.
Councilmember Kerr responded land use decisions; that if a building
project is rejected, developers can appeal to the HCD; without an
approved Housing Element, cities face a higher risk for appeals.
ADJOURNMENT
There being no further business, Mayor Johnson adjourned the
Regular Meeting at 11:38 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
February 3, 2004