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2004-11-03 Regular CC MinutesMINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING WEDNESDAY - - NOVEMBER 3, 2004 - - 7:30 P.M. Mayor Johnson convened the regular meeting at 8:29 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 -576) Proclamation declaring Yee Mee Poon Lee as Alameda's Housing Choice Voucher Program Rental Property Owner of the Year in the three or less rental unit category. Mayor Johnson read the proclamation. (04 -577) Proclamation declaring Sue and Chuck Sweezy as Alameda's Housing Choice Voucher Program Rental Property Owner of the Year in the four or more rental unit category. Mayor Johnson read the proclamation and presented it to Ms. and Mr. Sweezy. CONSENT CALENDAR Mayor Johnson announced that the recommendation to award Contract to Dynix, Inc. [paragraph no. 04 -5831 was removed from the Consent Calendar for discussion. Councilmember Matarrese 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 -578) Minutes of the Special and Regular City Council Meetings held on October 19, 2004. Approved. ( *04 -579) Recommendation to accept and authorize recording a Notice Regular Meeting Alameda City Council 1 November 3, 2004 of Completion for the Bayport Residential Phase 1 Public Backbone Improvements (Tract 7511). Accepted. ( *04 -580) Recommendation to authorize the City Manager to execute an amendment to Lease Agreement with Grand Edibles, Inc. to preserve the Park and Ride facility. Accepted. ( *04 -581) Recommendation to authorize the City Manager to sign an amended Core Natural Gas Sales and Aggregation Agreement. Accepted. ( *04 -582) Recommendation to accept the work of Vortex Marine Construction, Inc. for Alameda Harbor Bay Terminal Repair, No. P.W. 08- 04 -12. Accepted. (04 -583) Recommendation to award Contract to Dynix, Inc. in the amount of $217,783 for new Integrated Library System. Mayor Johnson requested that the Library Director review the system that would be in the new main library. The Library Director stated the current automated library system was installed 1992; the system has not been updated; the new Horizon system will increase staff efficiency; the catalog will be similar to Amazon.com, including book covers; patrons can initiate inter - library loans; wireless technology will be installed; information will be available for patrons on overdue books and fines. Councilmember Matarrese moved approval of the staff recommendation. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote - 5. ( *04 -584) Resolution No. 13776, "Approving and Adopting the Extension of Fund Allocation for Ballena Bay Bridge Seismic Retrofit Project, No. P.W. 05- 00 -09." Adopted. ( *04 -585) Resolution No. 13777, "Establishing Annual Free All -Day Parking with a Three -Hour Maximum Per Car Per Space for the Webster Street and The Park Street Business Districts on November 27, December 4 and 11, 2004." Adopted. ( *04 -586) Resolution No. 13778, "Amending the Management and Confidential Employees Association (MCEA) Salary Schedule by Establishing a Salary Range for the Position of Video Production Artist." Adopted. Regular Meeting Alameda City Council 2 November 3, 2004 ( *04 -587) Resolution No. 13779, "Authorizing the City Manager to Submit a Grant Application to the State Board of Corrections, to Execute the Grant Agreement and to Provide Matching Funds for and to Use Such Funds for the Donald P. McCullum Youth Court Inc. Juvenile Offender Program for the Period of July 1, 2004 through June 30, 2005." Adopted. ( *04 -588) Ratified bills in the amount of $2,802,106.10. REGULAR AGENDA ITEMS (04 -589) Resolution No. 13780, "Appointing Edward R. Depenbrock to the Housing and Building Code Hearing and Appeals Board." Adopted. Councilmember Matarrese moved adoption of the resolution. Vice Mayor Daysog seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office and presented Mr. Depenbrock with a certificate of appointment. (04 -590) Resolution No. 13781, "Appointing Franklin T. Rash to the Housing Commission (Tenant Seat)." Adopted. Councilmember Matarrese moved adoption of the resolution. Vice Mayor Daysog seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office and presented Mr. Rash with a certificate of appointment. (04 -591) Recommendation to approve language of the plaque to be placed in the former Officers' Club, honoring former Acting Mayor Al DeWitt. Councilmember Kerr moved approval of the staff recommendation. Vice Mayor Daysog seconded the motion, which carried by unanimous voice vote - 5. (04 -592) 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 Regular Meeting Alameda City Council 3 November 3, 2004 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 November 16, 2004. (04 -593) Public Hearing to consider Revisions to Alameda Municipal Code Chapter XXX, Sections 30 -4.2 (d) (9) , 30 -4.3 (d) (10) , 30- 4.4 (d) (10) , 30 -4.5 (d) (10) , 30-4.6 (d) (10) , and 30 -5.12, more commonly referred to as the Zoning Ordinance, regulating Open Space; Schedule of Required Residential Open Space and Usable Open Space Requirements; Report on the Development Code Open Space Committee's recommendations; and (04 -593A) Introduction of Ordinance Amending Alameda Municipal Code by Repealing Subsection 30- 4.2(d)(9) (R -2, Two Family Residence District, Minimum Height, Bulk and Space Requirements), Subsection 30- 4.3(d)(10) (R -3, Garden Residential District, Minimum Height, Bulk and Space Requirements), Subsection 30- 4.4(d)(10) (Neighborhood Residential District, Minimum Height, Bulk and Space Requirements), 30- 4.5(d)(10) (General Residential District, Minimum Height, Bulk and Space Requirements), Subsection 30- 4.6(d)(10) (Hotel Residential District, Minimum Height, Bulk and Space Requirements), and Section 30 -5.12 (Open Space; Schedule of Required Residential Open Space) in Their Entirety, and Adding a New Subsection 30- 4.2(d)(9) (R -2, Two - Family Residence District, Minimum Height, Bulk and Space Requirements), Subsection 30- 4.3(d)(10) (R -3, Garden Residential District, Minimum Height, Bulk and Space Requirements), Subsection 30- 4.4(d)(10) (Neighborhood Residential District, Minimum Height, Bulk and Space Requirements), 30- 4.5(d)(10) (General Residential District, Minimum Height, Bulk and Space Requirements), Subsection 30- 4.6(d) (10) (Hotel Residential District, Minimum Height, Bulk and Space Requirements), and Section 30 -5.12 (Definition of Required Residential Open Space) of Chapter XXX (Development Regulations). Regular Meeting Alameda City Council 4 November 3, 2004 Councilmember Kerr requested that the matter be continued because there was a mix -up in the language; that she tried to resolve the matter; commas, periods and phrases need to be revised to present clear wording at the next meeting. Councilmember Kerr moved approval of continuing the matter to November 16, 2004. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. (04 -594) Recommendation to review and select Value Engineering alternatives for the Alameda Main Library Project and identify potential funding sources. The Assistant City Manager provided a handout on the project cost and additional funding sources. The Project Manager reviewed the value engineering alternatives outlined in the addendum to the staff report, consisting of eight high desirability items, four medium desirability items, 26 low desirability items and five neutral items. Mayor Johnson called a recess at 9:47 p.m. and reconvened the regular meeting at 9:56 p.m. The Project Manager continued reviewing value - engineering alternatives. Vice Mayor Daysog stated San Jose used a 5% contingency for furniture, fixtures and equipment (FF &E) ; inquired whether the contingency for FF &E could be lowered to 50. The Project Manager responded there is not a contingency for FF &E; the contingency was only applied to construction. Vice Mayor Daysog stated the 20% contingency seems high; the State's Office of Library Construction (OLC) encourages use of a 10% contingency; savings from lowering the contingency would preclude Council from dipping into the open space fund; there is no incentive to keep the contractor under budget with a high contingency. The Project Manager stated there have been intense value engineering sessions; there should not be close to 20% in change Regular Meeting Alameda City Council 5 November 3, 2004 orders; the OLC has set the project cost at $11 million, with a 100 contingency; anything above the set amount must be covered by local money; the 20% contingency is needed to get to a Contract stage; there will be escalation costs in materials; there are unknowns working with the architect to get the drawings to the contractor; prices will be locked when the Contract is executed; the project management firm estimates the City is losing to of value per month. Vice Mayor Daysog inquired whether contingency costs already spent are included in the 200. The Project Manager responded contingency costs specifically related to the acquisition of a neighboring piece of property are not reimbursable because the City did not consummate the deal. Vice Mayor Daysog requested that the Library Building Team (LBT) and staff review different contingency levels; stated if the project goes above the contingency level, adjustments could be made; having a high contingency would allow many change orders. The City Manager stated if Council is comfortable authorizing the project to proceed with a loo contingency, staff can use said amount as long as there is an acknowledged proviso that should the costs exceed the loo contingency, staff would request Council to authorize additional funding. The Assistant City Manager stated lowering the contingency to 100 would save an additional $1.7 million. Vice Mayor Daysog stated the open space fund or redevelopment funds could be preserved by lowing the contingency and could be dipped into if necessary. Mayor Johnson stated a loo contingency could be approved with money earmarked in the event additional contingency is needed; stated the open space money should be freed up first, then redevelopment money. The Project Manager stated if additional contingency is needed, there should be an expeditious process to keep from delaying construction. Councilmember Matarrese stated a special meeting could be held if necessary. Vice Mayor Daysog inquired whether additional funding for the project from [2000] Measure 0 would be taken from branches, to which the City Manager responded in the affirmative. Regular Meeting Alameda City Council 6 November 3, 2004 Robb Ratto, Park Street Business Association (PSBR), stated PSBR has no problem with $2 million in redevelopment funds being used for the library project; although money for the library project would not cause a direct sales tax increase, indirectly there would be increased business in nearby restaurants and shops; encouraged use of as little redevelopment money as possible with the understanding that money is needed for branches and open space money should not be used; suggested redevelopment money be earmarked for the contingency fund and returned if any funds remain at the end of the project. Jean Sweeney, Alameda, stated money should not be taken from open space or the branch libraries. Mayor Johnson called a recess at 10:17 p.m. and reconvened the regular meeting at 10:20 p.m. ORAL COMMUNICATIONS, NON- AGENDA (04 -595) A woman discussed the eviction of her disabled mother from the Harbor Isle Apartments; stated a fifteen -day extension was offered as long as she agreed to sign a clause waiving her right to sue or ask questions. Mayor Johnson suggested that the woman speak to the two attorneys from Legal Aid present tonight, who should be able to help with the issue. Continuation of Library Main Protect Discussion Honora Murphy, LBT Chair, stated the LBT spent four hours ranking items; the LBT felt that saving the exterior design was important since there was a great amount of community input on the matter; staff did a good job coming up with other funding; there are other funding options; City Hall renovation was funded by Certificates of Participation. Marilyn Ezzy Ashcraft, LBT, stated the LBT requests less than $1 million in add backs; the LEED points are to save costs in energy conservation and health of library workers and patrons; embedded brick is a good compromise; the loo contingency works; encouraged Council to add in the eight items suggested by the LBT; stated the branches should not be forgotten. Regular Meeting Alameda City Council 7 November 3, 2004 Jim Sweeney, Alameda, stated Estuary Park is critical; there is not sufficient park space in the area; urged Council not to touch the open space money. Isolina Cadle, Alameda, stated money for the project should be used to purchase buildings at Harbor Isle. Mayor Johnson inquired the type of direction staff is seeking. The City Manager stated staff would like to complete negotiations with S.J. Amoroso and bring back a Contract for review and approval; if Council is comfortable with the deductions, add backs and a loo contingency, staff will craft the agreement accordingly. Mayor Johnson inquired whether specific direction is needed on the issues raised by the LBT. The Project Manager responded that he could price options with S.J. Amoroso, such as embedded brick. Mayor Johnson stated a less expensive stone makes more sense than having carpet in the entryway and coffee shop; that she agrees with all LBT recommendations, with the exception of reviewing the durability of the leather upholstery. The City Manager stated staff needs direction on the add backs; the additional revenue sources will be approved when the Contract is brought back for approval. Mayor Johnson stated Councilmember Matarrese raised the issue about the [staff] counter tops and LEED requirements; the City does not need to meet all LEED requirements, but should complete items that will save money over the long term. The Project Manager stated the City would need to complete all LEED items that have been identified for certification. Mayor Johnson stated Council could pick the LEED items that should be completed; the primary focus should not be certification. The Project Manager stated most LEED items remain, with the exception of the HVAC monitoring points and shredded cotton insulation that has been replaced with fiberglass; essentially every other LEED item remains. The Assistant City Manager stated the LEED cost savings is associated with the certification process. Regular Meeting Alameda City Council 8 November 3, 2004 Councilmember Matarrese stated all LEED requirements should be implemented with holding the certification process in abeyance; perhaps the City could find money or a grant for certification. The City Manager stated staff could take said recommendation as the direction. Mayor Johnson stated the City does not want to pay a whole lot more to get materials within 500 miles; the cost for purchasing material within the designated distance should be reviewed. The Project Manager summarized that the Council direction was to incorporate as many LEED items as possible, reviewing the insulation and commissioning agent costs; stated elimination of the LEED items refers to certification; 29 LEED points were included in the project, 26 points are needed for certification, a 3 -point slush is recommended; further stated staff will review the leather upholstery, the LEEDS question and the fiber cement counter tops. Mayor Johnson stated that she supports the seven LBT recommendations. The Project Manager stated the LBT's seven high recommendations would be retained, with review of the eighth high recommendation regarding leather upholstery; the LBT's four medium recommendations would be retained; all low priority items would be deleted, with the exception of reviewing the LEED item and fiber cement counter tops. The Assistant City Manager noted staff would price out the embedded brick. Vice Mayor Daysog inquired whether the revenue sources are being specified. The City Manager responded in the negative; stated Council would designate funds when the Contract is brought back for review. Mayor Johnson requested that staff determine whether the Hacker columns could be retained. Councilmember Gilmore inquired whether the embedded brick would be reviewed, to which the Project Manager responded in the affirmative; stated an off agenda report with the price would be provided. The City Manager suggested Council make a motion including all the items recommended and direct staff to proceed with negotiations. Regular Meeting Alameda City Council 9 November 3, 2004 The City Manager stated an off agenda report would be provided to ensure Council is clear on the items that would be discussed in negotiations with S.J. Amoroso. Councilmember Matarrese moved approval of the items discussed: 1) including a 10% contingency; 2) implementing LBT high and medium desirability items; 3) reviewing durability of the leather upholstery; 4) reviewing durability of staff countertops; 5) reviewing LEED requirements, holding the certification process in abeyance; 6) pricing out embedded brick; and 7) reviewing Hacker columns. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote - 5. COUNCIL COMMUNICATIONS (04 -596) Councilmember Kerr congratulated the candidates who were elected to be Councilmembers for the next four years; stated Proposition lA passed by 83% in Alameda County and greater numbers elsewhere; the Proposition assures that in two years, cities will have safeguards to keep local taxes; the League of California Cities worked hard on the issue; without it, municipal funds would have kept disappearing; passage means the League has more muscle and Sacramento will have to pay attention to the League. (04 -597) Councilmember Kerr suggested if a Councilmember is interested in serving as the representative on the League of California Cities, let the Mayor know as soon as possible; stated the League's committee Statewide appointments are next week. ORAL COMMUNICATIONS, NON- AGENDA (04 -598) The City Attorney stated a number of tenants are present because the Fifteen Group is not abiding by their promises and commitments to federal court; although the matter is not on the agenda for discussion or action by the Council, the City can make general statements in terms of public information; the Court has determined that the City does not have standing in the litigation; therefore, the City cannot maintain the lawsuit; the City does not have the right to represent the tenants; as a separate matter, the Court issued a continuing order to the Fifteen Group and individual tenants; the court ordered the Fifteen Group to meet with individual tenants for 20 hours and directed the tenants to report any problems to Judge Alsup; while the City does not have the right to represent the tenants, the tenants need to respond to the Judge's request to let him know if there are problems; the Judge Regular Meeting Alameda City Council 10 November 3, 2004 has open court tomorrow at 8:00 a.m.; provided a handout with the Judge's name and contact information. Vice Mayor Daysog inquired whether one person could submit affidavits collectively, to which the City Attorney responded in the affirmative. Vice Mayor Daysog stated tenants should let the Judge know if the Fifteen Group is not acting reasonably. Councilmember Gilmore stated the Judge's orders specifically talked about people with special needs; the Fifteen Group's lawyer put in written letters to the Judge that people in the special needs category were taken care of; if someone in a wheelchair has not been taken care of, it is in direct contradiction of an attorney's sworn statement in front of a Judge. Councilmember Kerr stated if Legal Aid does not show up in court tomorrow, they are not doing their job. The following speakers addressed Harbor Isle evictions: Isolina Cadle, Alameda; Lorraine Lilley; William Smith, Renewed HOPE; Modessa Henderson; Regina Tillman, Harbor Island; Delores Guyton; Lisa Mitchell -Reid; Reginald James; Prizeilla Brown; Ruben Briones, Supervisor Alice Lai - Bitker (submitted letter); Tom Matthews, Renewed Hope; Eve Bach, Arc Ecology; Austin Tam, Renewed HOPE; Lily Leung, SEIU Local 790; Deborah James, Alameda; Lynette Lee, East Bay Asian Local Development Corporation; Cynthia Landry; Michael Yoshii. COUNCIL COMMUNICATIONS (04 -599) Consideration of Mayor's nominations for appointment to the Commission on Disability Issues. Mayor Johnson nominated Toby C. Berger, Charles E. Bunker, Edwin Cooney, Steve R. Fort, James F. Gwynne, Adrienne Longley -Cook, Elaine McCoy, Gina D. McGaughey, Jody A. Moore, and Angela C. Steffens. (04 -600) Councilmember Matarrese congratulated the newly elected Councilmembers, particularly Councilmember Gilmore. (04 -601) Vice Mayor Daysog congratulated Councilmember Gilmore, who will be the next Vice Mayor, Councilmember -elect Doug deHaan and the School Board members elected. (04 -602) Vice Mayor Daysog stated the City lost the court case Regular Meeting Alameda City Council 1 1 November 3, 2004 [against FG Managing Member]; that Council is committed to working with residents to implement a range of solutions that lead to affordable housing; the City tried everything possible to resolve the current issue. Councilmember Matarrese stated the lawsuit accomplished something; people received extensions of time; money was offered; pressure is still being put on the property owner; the City can pursue other avenues to enforce the law when it comes to slumlords; as Councilmember Kerr has stated, existing laws need to be enforced; the City of Oakland picked "The Dirty Dozen" slumlords and went after them and fined them heavily for violating existing State law; thanked the City Attorney for providing a vehicle for people to have the Judge hold the attorney, who certified that no one would be put out on the street, accountable. Councilmember Kerr stated the Harbor Island Apartments are market rate apartments, not affordable housing; there are 104 heavily subsidized units in the immediate planning stage across the street; running a street through the complex seems strange; that she is frustrated with tenants coming back to the City; the tenants have the standing and can take court action; tenants are not being provided good legal advice; tenants should be able to find a tenant lawyer who could handle the matter on a contingency basis or act as one case for all tenants; there are many remedies for fighting an unlawful detainer action; there are legal ways to delay the action; tenant activists should take steps to educate the tenants. Councilmember Gilmore stated that tenants have appeared before the Council on numerous occasions; the City has listened to the tenants; the City was not successful in this particular case; there seems to be an assumption that the City is not going to review the whole universe of other solutions; that she is offended by the assumption that the City would drop the ball and not continue to work with the tenants; the Council feels very deeply about the tenants and the community; the City has responded to the Harbor Island tenants on an emergency basis; the City cannot solve the immediate eviction problem, but can review the matter in a larger framework; time is needed and that is not what the residents wanted to hear tonight. Councilmember Kerr expressed frustration in dealing with a group of people who are not taking advantage of the legal rights they have. (04 -603) Councilmember Matarrese stated that he received a copy of a Sentinel Fair Housing survey on units for rent which confirmed there were discrimination incidents; requested that the Social Service Human Relations Board (SSHRB) evaluate the report and Regular Meeting Alameda City Council 12 November 3, 2004 provide recommendations to the Council; requested that the SSHRB provide solutions advising the public that discrimination is against the law and should be reported; requested that the SSHRB report back to the Council in four months with an analysis and recommendation which would allow the public the chance to weigh in and have an awareness of their rights. Councilmember Kerr requested that Sentinel Fair Housing advise how many landlords were interviewed and who they were; stated the other side of the story should be heard; that she does not find Sentinel Fair Housing to be a reliable source of information; problems need to be addressed, but she does not want to chase after a manufactured problem; slanting a survey is easily done; the City needs to know what is real and what is not real. Mayor Johnson requested that the SSHRB review the quality of the survey. Councilmember Kerr stated that she would hate to see resources expended on problems that may not exist; the survey did not claim that anyone was denied an apartment. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Adjourned Regular Meeting of the City Council at 11:56 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 13 November 3, 2004