2004-05-18 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY - - MAY 18, 2004 - - 7:30 P.M.
Acting Mayor Daysog convened the regular meeting at 7:51 p.m.
ROLL CALL - Present: Councilmembers Gilmore, Kerr, Matarrese
and Acting Mayor Daysog - 4.
Absent: Mayor Johnson - 1.
AGENDA CHANGES
(04 -224) Acting Mayor Daysog announced that the Public Hearing to
consider appeals of the Planning Board approval of a Use Permit
[paragraph no. 04 -234] would be continued to the June 15, 2004 City
Council Meeting.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(04 -225) Proclamation declaring May 17 -21 as Alameda Bike Commute
Week and May 20 as Alameda Bike to Work Day.
Acting Mayor Daysog presented the Proclamation to Lucy Gigli, Bike
Alameda.
CONSENT CALENDAR
Councilmember Kerr moved approval of the Consent Calendar.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 4. [Absent: Mayor Johnson - 1.]
[Items so enacted or adopted are indicated by an asterisk preceding
the paragraph number.]
( *04 -226) Minutes of the Special Joint City Council and Social
Service Human Relations Board Meeting held on April 22, 2004; the
Special and Regular City Council Meetings held on May 4, 2004; and
the Special City Council Meeting held on May 6, 2004. Approved.
( *04 -227) Recommendation to set a Hearing to establish Proposition
4 Limit for Fiscal Year 2004 -05 for June 15, 2004. Accepted.
( *04 -228) Recommendation to accept Quarterly Investment Report for
period ending March 31, 2004. Accepted.
( *04 -229) Recommendation to accept the work of Ransome Company for
Littlejohn Park Upgrades, No. P.W. 03- 03 -06. Accepted.
Regular Meeting
Alameda City Council
May 18, 2004
( *04 -230) Resolution No.
Procurement for Contractor
Repairs and Asphalt Concrete
13706,
Services
Pavement
"Authorizing Open Market
for Fiscal Year Sewer Point
Replacement." Adopted; and
( *04 -230A) Recommendation to award Contract in the amount of
$235,356 to Alameda Paving and Excavating, Inc. for Said Contract.
Accepted.
( *04 -231) Resolution No. 13707, "Authorizing the Purchase of Street
Lights for the Webster Street Renaissance Project and Park Street
Streetscape Project Using the State of California, Department of
General Services, Procurement Division, Competitive Bid Award."
Adopted.
( *04 -232) Resolution of Intention No. 13708, "To Levy an Annual
Assessment on the Alameda Business Improvement Area of the City of
Alameda for FY 2004 -05 and to Set a Public Hearing for June 1,
2004." Adopted.
( *04 -233) Ratified bills in the amount of $2,783,680.20.
REGULAR AGENDA ITEMS
(04 -234) Public hearing to consider appeals of the Planning Board
approval of a Use Permit to allow the conversion of a 15,840 square
foot industrial building at 2515 Blanding Avenue into seven
work /live studios with associated parking and landscaping; and
adoption of related resolution. The site is located within the M-
2, General Industrial Zoning District. Applicant: Janet Koike for
Cal Vita LLC. Appellants: Ed Murphy and Pat Bail. Continued to
June 15, 2004.
(04 -235) Public hearing to consider a Tentative Map (TM7387) for
the subdivision of a vacant site into twelve lots: ten for the
construction for -sale single- family homes; one for the construction
of 52 affordable housing units; and one to be landscaped at 2391
Fifth Street. The site is located at the former Fleet Industrial
Supply Center site on the north side of Ralph Appezzato Parkway
within the M -X, Mixed -Use Planned Development Zoning District.
Applicants: Resources for Community Development and Alameda
Housing Authority; and
(04235A) Resolution No. 13709, "Approving Tentative Map 7387 at
2391 Fifth Street (The Breakers at Bayport)." Adopted.
Acting Mayor Daysog opened the public portion of the Hearing.
There being no speakers, Acting Mayor Daysog closed the public
portion of the Hearing.
Regular Meeting
Alameda City Council
May 18, 2004
The Supervising Planner gave a brief presentation.
Councilmember Gilmore moved adoption of the Resolution.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 4. [Absent: Mayor Johnson - 1.]
(04 -236) Ordinance No. 2923, "Approving Development Agreement
Amendment DAA04 -0001 for a Mixed Use Development including Single -
Family Residential, Office, Research and Development, Open Space,
and Limited Retail Uses as well as Sites for Multiple Family
Residential and a School, Located within a Project Area
Encompassing Approximately 215 Acres of Land and Water at the
Former Alameda Fleet Industrial Supply Center and Annex and Naval
Air Station Alameda East Housing to Release the ACET Parcel from
the Catellus Development." Finally passed.
Councilmember Matarrese moved final passage of the Ordinance.
Councilmember Gilmore seconded the motion, which carried by
unanimous voice vote - 4. [Absent: Mayor Johnson - 1.]
(04 -237) Ordinance No. 2929, "Approving Master Plan Amendment
MPA04 -0001 for a Mixed Use Development including Single- Family
Residential, Office, Research and Development, Open Space, and
Limited Retail Uses as well as Sites for Multiple Family
Residential and a School, Located within a Project Area
Encompassing Approximately 215 Acres of Land and Water at the
Former Alameda Fleet Industrial Supply Center and Annex and Naval
Air Station Alameda East Housing that would modify Catellus'
Obligations to Meet Certain Requirements of the Master Plan by
Allocating Those Obligations between ACET and Catellus." Finally
passed.
Councilmember Matarrese moved final passage of the Ordinance.
Councilmember Gilmore seconded the motion, which carried by
unanimous voice vote - 4. [Absent: Mayor Johnson - 1.]
ORAL COMMUNICATIONS, NON- AGENDA
(04 -238) Bob Sikora, Alamedans for Responsible Transit Shelters
(ARTS), submitted a letter on behalf of Reyla Graber and Lee Harris
thanking the Council for their commitment to bus shelters and
inviting the Council to the community fundraiser on Saturday, June
5that 7:00 P.M. at the Auctions by the Bay Theater.
(04 -239) Alan Elnick, Alameda City Employees Association (ACEA),
Regular Meeting
Alameda City Council
May 18, 2004
stated that employees were looking forward to the City addressing
Association's grievances and concerns.
(04 -240) Golden Garner, ACEA, discussed the importance of City
workers.
(04 -241) David Bryant, Alameda, stated that eighteen months ago a
drunken neighbor brandished a shot gun because someone was parking
in their parking space; no action was taken by the police; on May
16, 2004 at 2:30 a.m. three men accosted a neighbor; that he went
to help and received severe cuts and bruises; police arrived, but
no pictures of his injuries were taken; nothing of any consequence
came from the police call; he has been contacted by a City
representative but not by the police; Suzi Q's had been previously
shut down by Alcohol and Beverage Control for disturbances and
health code violations; stated that the crime warrants immediate
action.
Acting Mayor Daysog stated that Councilmember Matarrese and
Councilmember Kerr were following up on the issue.
Councilmember Matarrese inquired about the process of revoking a
business license.
The City Attorney responded that the business license was not a
regulatory vehicle; that the Planning and Building Department,
through Use Permit and Code Enforcement, was aggressively pursuing
all possible avenues regarding regulation of the business; that the
Police Chief was pursuing the State regulatory process.
Councilmember Matarrese inquired whether the end goal would be to
shut down the business, to which the City Attorney responded in the
affirmative.
Councilmember Kerr stated that she received a call from the
building owner; stated that enough is enough.
The City Manager stated that he has requested the Police Chief and
Planning and Building Director to follow up on the matter.
(04 -242) Neal Daskal, Alameda, stated that on May 16, 2004 there
were felony assaults by patrons of Suzi Q's; previous pleas to
assist with maintaining order and enforcement of the City and State
codes have been made to the City; that he strongly recommends that
the City immediately close Suzi Q's and revoke their business
license and zoning status; that he would appreciate the City
closing down the bar by whatever means necessary as soon as
possible.
Regular Meeting
Alameda City Council
May 18, 2004
COUNCIL COMMUNICATIONS
(04 -243) Consideration of Mayor's appointment to the Paratransit
Advisory Committee. Held over.
(04 -244) Discussion of United States Coast Guard's proposal to
install a floating barrier.
Councilmember Matarrese inquired whether there have been any
updates.
The Planning and Building Director stated that a letter reflecting
the City's concerns about the proposal was issued to the Coast
Guard; the next step would be to review the Coast Guard's response;
the Coast Guard would be initiating an environmental review process
and would perform an environmental assessment; that the City would
have another opportunity for input from a procedural standpoint.
Councilmember Kerr stated that City should work with the Coast
Guard; that she was concerned about the suggestion to move the
Cutters away from Coast Guard Island.
Councilmember Gilmore inquired whether an Environmental Assessment
(EA) was less rigorous than an Environmental Impact Statement
(EIS) .
The Planning and Building Director responded in the affirmative;
stated that an EA was the equivalent of an initial study under the
California Environmental Quality Act (CEQA); if the EA could not
determine a Finding of No Significant Impact (FONSI) , an EIS would
be needed; that the City would take the position that an EIS should
be required.
Councilmember Matarrese requested that staff provide updates.
The City Manager responded that staff would keep Council informed
and provide off - agenda reports; item could be placed on the agenda
for Council consideration.
(04 -245) Acting requested a resolution about placing information
of sexual offenders on the Internet be provided for Council
consideration.
(04 -246) Councilmember Kerr stated that a communication was
received on AB 1690, the Local Public Safety Income Tax; that she
was concerned about the income tax not being levied by counties for
cities; that she has fear of associating anything with any higher
form of government; inquired whether passing of the Bill would
contain any National Fire Protection Association 1710 (NFPA)
Regular Meeting
Alameda City Council
May 18, 2004
requirements.
The City Manager responded that staff would follow up.
ADJOURNMENT
There being no further business, Acting Mayor Daysog adjourned the
Regular Meeting at 8:24 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
May 18, 2004