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2004-08-17 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - AUGUST 17, 2004 - - 7:30 P.M. Mayor Johnson convened the regular meeting at 7:57 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 (04 -421) Presentation to the Fourth of July Committee recognizing their efforts for a successful Mayor's Fourth of July Parade. Continued to September 7, 2004. (04 -422) Presentation by East Bay Regional Park District regarding proposed measure on the November 2, 2004 ballot. Director Doug Siden gave a brief presentation on Measure CC and provided a handout outlining the East Bay Regional Park District's November 2004 Zone Parcel Tax approved project list. CONSENT CALENDAR Mayor Johnson announced that the introduction of Ordinance Amending the Alameda Municipal Code by Adding a New Section 24 -9 [paragraph no. 04 -425] and the introduction of Ordinance Amending the Alameda Municipal Code by Amending Subsection 3 -28.9 paragraph no. 04 -426] were removed from the Consent Calendar for discussion. Councilmember Kerr moved approval of the remainder of the Consent Calendar. Councilmember Gilmore 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 -423) Minutes of the Special City Council Meeting (Closed Session) , the Special Joint City Council and Alameda Reuse and Redevelopment Authority Meeting, the Special City Council Meeting (7:20 p.m.) and the Regular City Council Meeting held on August 3, Regular Meeting Alameda City Council 1 August 17, 2004 2004. Approved. ( *04 -424) Recommendation to approve Agreement for Responses to Hazardous Materials Incidents between the Alameda County Fire Department and the City of Alameda. Approved. (04 -425) Introduction of Ordinance Amending the Alameda Municipal Code by Adding a New Section 24 -9 (Releases of Hazardous Materials - Cost Recovery) to Chapter XXIV (Public Health), Authorizing the Recovery of Costs Incurred for the Abatement of Hazardous Materials Releases. Introduced. Councilmember Kerr stated that she supports the Ordinance; the Ordinance requires those responsible for hazardous materials releases to reimburse the City for release abatement costs. Councilmember Kerr moved introduction of the Ordinance. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. (04 -426) Introduction of Ordinance Amending the Alameda Municipal Code by Amending Subsection 3 -28.9 (Payment In -Lieu of Taxes - (PILOT); Adding a New Subsection 3 -28.10 (Return on Investment in Enterprise Funds) of Section 3 -28 (Payment of Taxes) of Chapter III (Finance and Taxation) and Adding a New Subsection 18 -4.10 (Exemptions) of Section 18 -4 (Sewer Service Charge) of Article I (Sewers) of Chapter XVIII (Sewer and Water). Continued to September 7, 2004. Councilmember Kerr stated that she is vague on how the sewer fund was designated as an enterprise fund; the sewer tax was passed to pay for sewers; the proposed ordinance transfers part of the sewer tax away from sewers and places money in the General Fund, which is unacceptable. Vice Mayor Daysog concurred with Councilmember Kerr; stated there could be impacts in having appropriate revenues for sewers; questioned the to Return on Investment (ROI); stated the ROI could be higher; the suggested $2.00 per month phone fee is expected to generate approximately $1.4 million; Council should review ways to generate revenues through ROI increases instead of the 911 fee; a to ROI expectation is low; many of the City's financial instruments have at least an 8 -90 ROI target. Councilmember Matarrese concurred with Councilmember Kerr and Vice Mayor Daysog. Regular Meeting Alameda City Council 2 August 17, 2004 The City Attorney stated that in 1993, the PILOT was set at to for the sewer fee; the purpose of the two- tiered structure is to leave the sewer fee alone and only make adjustments for Golf and Alameda Power & Telecom; there is no new sewer fee. Councilmember Kerr stated that she objects to a tax on a tax. Councilmember Matarrese stated there is a difference between enterprise departments and City services; that he has a hard time recognizing sewers as an enterprise fund. Councilmember Kerr stated that she has a basic philosophy that the Public Works Department is first in the public health of the City. The City Manager stated that an analysis of alternatives would be provided at the next City Council meeting. Vice Mayor Daysog stated that he would rather have the City generate more revenue from increased ROI's than a $2.00 phone fee. Councilmember Matarrese moved that the Ordinance be continued to the September 7, 2004 City Council Meeting. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. ( *04 -427) Ratified bills in the amount of $4,825.671.96 REGULAR AGENDA ITEMS (04 -428) Resolution No. 13755, "Reappointing George Humphreys as a Member of the Housing and Building Code Hearing and Appeals Board." Adopted. Vice Mayor Daysog moved adoption of the Resolution. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. (04 -429) Resolution No. 13756, "Appointing Suzanne T. Storar as a Member of the Housing and Building Code Hearing and Appeals Board." Adopted. Councilmember Gilmore moved adoption of the Resolution. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. Regular Meeting Alameda City Council 3 August 17, 2004 The City Clerk administered the Oath of Office and presented Ms. Storar with a certificate of appointment. (04 -430) Resolution No. 13757, "Resolution Appointing Cookie Robles -Wong as a Member of the Housing Commission." Adopted. Councilmember Gilmore moved adoption of the Resolution. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. (04 -431) Public Hearing to consider an Appeal of the Planning Board's denial of Variances, VO4 -0006, 0007, 0008 and 0010, and denial of Major Design Review, DR04 -0026, for all development projects at 3017 Marina Drive; and adoption of related resolution. The site is located within an R -1, Single- Family Residential Zoning District. The development project includes expansion of the residence into the estuary and installation of rear yard decks. Approval is being sought for the following: 1) Variance to AMC Subsection 30- 4.1(d)(3) (Maximum Main Building Coverage exceeding 480); 2) Variance to AMC Subsection 30- 4.1(d)(7) and Section 30 -2 (Rear Yard) because the building extends across the rear property line into the estuary; 3) Variance to AMC Subsection 30- 5.7(a) (Roof Eaves) and 30- 5.7(d) (Bay Windows) because the roof eaves above the bay windows encroach to within 3 feet from the side property line and bay windows are not permitted to encroach into side yards; 4) Variance to AMC Subsection 30- 5.7(c)(1) (Rear Yard), Subsection 30 -2 (Definitions) (Yard -Rear) and Subsection 30- 4.1(d)(7) (Rear Yard) because decks over 36- inches in height extend into the required side and rear yard setbacks; 5) Variance to AMC Subsection 30- 5.14(c) (Barrier Heights) because the windscreens around the patios exceed the maximum permitted 8 -foot height. The Planning Board found that the Variance for the bay window encroachment be withdrawn because encroachment is in compliance, subject to Design Review approval. Applicant /Appellant: Rita Mohlen. Continued to September 7, 2004. (04 -432) Granting Franchise Telecom." Ordinance No. 2930, a Five -Year Extension to Alameda Bureau of Finally passed. "Amending Ordinance No. 2806 and of Non - Exclusive Cable Television Electricity DBA Alameda Power and Vice Mayor Daysog moved final passage of the Ordinance. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. (04 -433) Ordinance No. 2931, "Amending the Alameda Municipal Code Regular Meeting Alameda City Council 4 August 17, 2004 by Adding Section 2 -17 (Establishing a Commission on Disability Issues) to Chapter II (Administration)." Finally passed. Ed Cooney stated the Mayor's Committee on Disability Issues will have a final meeting next Monday night; most of the Committee members will apply for Commission appointment; inquired when Commission members would be appointed. The City Clerk responded that once the Ordinance becomes effective in thirty days, solicitation for applications would be noticed; after a reasonable time has been allowed for application submittals, the Mayor would make nominations which may not happen before October. Ed Cooney inquired whether the Committee should hold a September meeting, to which the Mayor responded in the affirmative. Ed Cooney thanked the Council and introduced Committee members: Adriane Grimes, Toby Berger, and Steve Fort; noted Gina Magoy and Vice Chair Jim Gwynne were not present. Mayor Johnson thanked the members for many years of service; stated Commission establishment is an elevation in status. Vice Mayor Daysog moved final passage of the Ordinance. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON- AGENDA (04 -434) George Phillips, Alameda Boys and Girls Club, stated the Boys and Girls Club Lincoln Avenue location was built in 1956; the building is inefficient in design and suffers from a variety of old -age problems; the original, tilt -up concrete building is not designed to withstand a seismic event; the Board of Directors have been developing a plan to repair, renovate and seismically upgrade the building; construction plans were adopted and fund raising began; that rising construction costs would nearly double the original budget estimate; the neighborhood is being removed from the federal government's low- income zone designation; internal studies showed that demographically the majority of the population serviced by the Boys and Girls Club is now living in the west end of Alameda; the Board of Directors search for a new facility lead to an under - utilized portion on Woodstock School; the Board decided to vacate the Lincoln Avenue building, put it up for sale, and move forward with plans to construct a new building; the Board is requesting approval to run a five -day per week after school Regular Meeting Alameda City Council 5 August 17, 2004 organized program at McKinley Park, utilizing shared facilities with the Park and Recreation Department and adding a computer lab and learning center; the Board feels strongly that the Tiny Tots Program is imperative to the City; the Program does not conflict with the Club's 3:00 p.m. to 7:00 p.m. time constraints; introduced members of the Board: Chief Matthews, District Attorney Harmon; Judge Northridge; Board President Ed Kofman, and John Scott. Deborah Greene, Estuary Park Action Committee (EPAC), stated that consideration of adult needs for recreational space should be addressed when discussing the fate of McKinley Park. Linda Gilchrist, Alameda, stated a private group is proposing to take away a neighborhood park; that she is not willing to give up the Park; the proposal is inconsistent with the goals and objectives of the combined land use plan and General Plan; a precedent for private entities taking park space should not be set; urged Council's support to save the Park. Melissa Rundle, Alameda, stated that neighborhood children care about the Park; urged Council not to take away the Park. Mayor Johnson stated that the Council and the Recreation and Parks Department have not had any input on the issue; the proposal is not a done deal; there has been no City Board or Commission review. Debbie Rundle, Alameda, stated that placing a Boys and Girls Club at McKinley Park is not age or safety appropriate. Tonya Zimmer, Alameda, stated that McKinley Park acts as a safety zone for the neighborhood children; urged Council to help save the Park. Kristen Legg, Alameda, inquired why due process was not done prior to Alameda Boys and Girls Club distributing a letter. Mayor Johnson stated that she did not see the letter; nothing can be finalized until the matter is brought to Council. Jeff Georgevich, Alameda, stated that neighborhood residents just happened to find out about the proposal; using public taxpayers' money to subsidize a group that is competing with the City's Recreation and Parks Department makes no sense; urged Council to stop the action. Mary Patt Glass, Alameda, stated that McKinley Park was the second park established in Alameda and is the smallest active park in the City; buildings would make it impossible for the neighbors to Regular Meeting Alameda City Council 6 August 17, 2004 utilize the Park. Dorothy Boynton, Alameda, stated that she opposed having the Boys and Girls Club at McKinley Park. Ginni Dofflemyer, Alameda, stated that the Park has been repeatedly targeted; more open space is needed. Lucy Gigli, Alameda, stated that the use is not compatible with neighborhood use; spoke on behalf of a friend [had to leave the meeting] who bought a home around the corner of McKinley Park because of park proximity. Jeremy Prickett, Campaign for Renters Rights, noted Council kept the people from Harbor Island Apartments waiting; that housing is a priority. (04 -435) The following speakers addressed the Council regarding the mass evictions at the Harbor Isle Apartments: Lorraine Lilly, Harbor Island Tenant Association; Pamela Simpson, Resident; Destiny Thomas, Resident; Jeremy Prickett, Campaign for Renters Rights (CRR) ; Regina Tillman, Resident; Stephanie Reynolds, Resident; Mosetta Rose London, Alameda; John F. Roake, Alameda; Johnnie B. Lewis, Harbor Island Tenant Association; Rosa Martha Flores, Resident; Nagwa Salih, Resident; Sandra Williams, Resident; Joel Schor, Resident; John Reimann, CRR; Richard Mellor, CRR; Ruth Lorenzo, Harbor Island Tenant Association; Isolina Cadle, Resident; Ahmed Baklleit, Resident; Sylvia Spaniolo, Alameda Democratic Central Committee; Summer Shields, Democratic Central Committee (Alameda County) ; Jo Jo, LaRouehe; Samya Ahmed, Resident; Destiny Thomas, Resident; Benoit Bassere, Zyndon Zarouche P.A.C.;Tom Matthews, Renewed Hope; Charles Monroe, Resident; Deborah James, Resident; Kristine, Resident; Yvonne Keel, Resident; Regina Tillman, Resident; and Reginald Lee James, College of Alameda Black Student Union. Mayor Johnson stated that Council met last week and gave further direction to the City Attorney's office regarding the pursuit of options; that the City Attorney's office is exploring the options and will be reporting back to the Council; discussing Closed Session litigation issues in public would be a mistake; Council does not trust the property owners any more than the tenants do. Councilmember Matarrese requested staff to describe the permit and major design review public process. The City Attorney responded that the specifics are handled by the Planning and Building Department; major renovation requires Regular Meeting Alameda City Council 7 August 17, 2004 numerous permits and major design review; there is an appeal process to the Council; all plans are public record; expanded notice requirements would be utilized to provide specific notice to the Harbor Island residents. Vice Mayor Daysog stated the permitting process is a long, drawn out process; it is imperative that the City Council take a front and center role in representing the residents and getting the property owners to stand down; there has been good progress in the last two weeks; staff needs to back up Council; that he does not have faith in staff regarding the issue; that his direction to work with residents was not included in an August 16 letter staff sent to the Fifteen Group. Councilmember Gilmore stated the property owners were chagrinned about causing a problem for the City; that she did not get a sense of the owners having appreciation for the residents' major problems; the property owners are trying to appease the City and take care of a public relations issue; Council needs to make the residents' concerns clear; the property owners care more about what is printed in the newspaper. Mayor Johnson inquired what the timeframe was for receiving information from the City Attorney's office, to which the City Attorney responded that information would be provided within two days. Mayor Johnson stated that the Council needs to be in a position to give direction. The City Attorney stated that direction was given to the City Manager's office to authorize appropriate litigation; there have been extensive discussions between the City Manager's office, staff, and the property owners to determine what actions the owners can and will take and to use litigation as a remedy at the appropriate time. Mayor Johnson stated she did not recall receiving a briefing on Council's precise legal options. The City Attorney stated that authorization for initiation of litigation could be directed [under the City Charter] by the City Manager; the City is trying to pressure the property owners to take appropriate steps to treat the tenants in a way that the Council and community would like; litigation options will be pursued. Mayor Johnson stated a meeting was held today with the City Manager and property owners; little or no progress was made; that she does Regular Meeting Alameda City Council 8 August 17, 2004 not know what happened at the following meeting; Council's dissatisfaction with the 90 -day extension [from the original notice date] and increase in moving assistance was made clear. Vice Mayor Daysog stated Council needs to take an official stand and have involvement in negotiations with the property owners; there are too many loose ends at this point. Councilmember Kerr stated that she does not want to make promises than cannot be kept; whether Council has legal standing must be established; the City is in fiscal crises; eminent domain requires the City to pay a fair market price; it is misleading to think that the City has that type of money. Councilmember Matarrese stated that it is important to review all options; some options may be legally available but not feasible; options that cannot work can be taken off the table; concurred with Vice Mayor Daysog regarding Council's need to take a stand; not exploring options is not exercising due diligence; the property owner has made money from improvements across the street and has disrupted the community and the school district; eliminating non- productive options takes time; the City needs to communicate to residents about the steps that have been taken. Councilmember Gilmore stated timing is critical; tenants have discussed dismal conditions of apartments; owners should be encouraged to fix what is wrong; Council did not know the size and scope of renovations; going through the permit and public hearing process takes time; inquired what the rush is to put people out on the streets if the permit process takes six months to a year. Mayor Johnson stated that a Special Council Meeting should be scheduled to discuss available options. Vice Mayor Daysog inquired what the City Manager thought of Council directly negotiating with the property owners. The City Manager responded that he would support Council's wishes to negotiate with the property owners; however, he has substantial reservations; that he and the City Attorney have concerns with expressed lack of trust in fulfilling Council's direction; internal issues need to be resolved; stated the City Clerk would poll the Council regarding scheduling a meeting for early next week. Councilmember Kerr stated that Council should not make grand negotiation gestures until there is something with which to negotiate; that she does not understand why tenants have not taken the landlords to court; there should not be in a hurry with Regular Meeting Alameda City Council 9 August 17, 2004 evictions as long as leases are still running. The City Manager stated having time to address the issue is important; the situation was not created by the City of Alameda; it was made clear to the Fifteen Group that if they were not responsive, a different response would be provoked from the City. Vice Mayor Daysog inquired whether the property owners advised when they would be getting back to the City, to which the City Manager responded that he needed to debrief staff that met with the Fifteen Group about the time line for the process and the needs of having tenants dislocated. Mayor Johnson stated that the property owners might not be willing to make any changes to their schedules; Council needs to be prepared to select options. The City Manager stated that the Mayor requested an update every two weeks to ensure the issue remains in front of Council until solved. Vice Mayor Daysog stated that the City is hoping that the property owners do something; Council should be directing the property owners. Mayor Johnson stated the City Manager's office received a call from the property owners; there were no negotiations; that she is not optimistic that the owners are prepared to make schedule changes even after going through the planning process. Councilmember Matarrese stated that at the Closed Session there was mention of what the City of Oakland did with the top twelve problem slum lords in Oakland; there was legal recourse; the Assistant City Attorney was reviewing the matter; information should be provided at the next meeting; Oakland's action could provide a practical set of legal measures that Council might be able to take. Mayor Johnson concurred with Councilmember Matarrese; stated there is no point to negotiate with the owners if they are not prepared to make changes; Council needs to create leverage and motivation to negotiate. COUNCIL COMMUNICATIONS (04 -436) Consideration of Mayor's nominations (3) for appoint to the Economic Development Commission. Mayor Johnson nominated Michael J. Schmitz for appointment to the Regular Meeting Alameda City Council 10 August 17, 2004 Economic Development Commission and Harry Dahlberg and Gail Wetzork for reappointment to the Economic Development Commission. (04 -437) Consideration of Mayor's nomination to the Historical Advisory Board. Mayor Johnson nominated Nancy C. Anderson for appointment to the Historical Advisory Board. (04 -438) Consideration of Mayor's appointment to the Rent Review Advisory Committee. Mayor Johnson nominated Richard L. Hofmann for appointment to the Rent Review Advisory Committee. (04 -439) Consideration of Mayor's nominations (2) to the Transportation Commission. Mayor Johnson nominated Robb Ratto for reappointment to the Transportation Commission. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Regular Meeting at 10:25 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 1 1 August 17, 2004