2005-01-18 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- - JANUARY 18, 2005- -7:30 P.M.
Acting Mayor Gilmore convened the Regular Meeting at 7:45 p.m.
Roll Call - Present: Councilmembers Daysog, deHaan, Gilmore,
Matarrese, and Mayor Johnson - 5.
[Note: Mayor Johnson was present via teleconference from The
Capital Hilton, 16th and K Street NW, Washington DC only for the
Resolution Opposing the Proposed Casino paragraph no. 05 -037].
Absent: None.
AGENDA CHANGES
(05 -027) Councilmember Matarrese moved that the Public Hearing to
consider an Appeal of J. Barni [paragraph no. 05 -034]; the Public
Hearing to consider amendment to Zoning Map [paragraph no. 05 -0351;
and the Public Hearing to consider an Appeal of Rita Mohlen
[paragraph no. 05 -036] be moved to the Consent Calendar.
Councilmember Daysog seconded the motion, which carried by the
following voice vote: Ayes: Councilmembers Daysog, deHaan,
Matarrese and Acting Mayor Gilmore - 4. [Absent: Mayor Johnson -
1.]
(05 -028) Councilmember deHaan moved that discussion regarding
options for relocation assistance legislation [paragraph no. 05-
040] be heard first on the Regular Agenda.
Councilmember Daysog seconded the motion, which FAILED by the
following voice vote: Ayes: Councilmembers Daysog and deHaan -2.
Noes: Councilmember Matarrese and Acting Mayor Gilmore - 2.
[Absent: Mayor Johnson - 1.]
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(05 -029) Proclamation declaring January as Blood Donor Month in
the City of Alameda.
Acting Mayor Gilmore read and presented the proclamation to Beth
Wren, Donor Recruitment Account Manager.
Ms. Wren thanked the Council for their support of the Red Cross and
announced that there will be a blood drive on Friday in San Leandro
at the Creekside Community Church.
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January 18, 2005
Michael John Torrey, Alameda, commented on the importance of
donating blood.
(05 -030) Presentation by Peter Simon, Dean, College of Alameda and
Liz Sullivan, Organizer with Oakland Community Organizations
regarding the proposed Oakland Aviation High School at the Oakland
Airport. Withdrawn by presenters.
(05 -031) Presentation of letters
Alameda Police Department by NCl
Reserve Recruiting Area Pacific.
of appreciation to members of the
Danielle Carter, Recruiter, Naval
NCl Randy Montrose, Recruiter in Charge, Naval Reserve Recruiting
Area Pacific, presented letters of appreciation to members of the
Alameda Police Department; Sergeant Jill Ottaviano, Alameda Police
Department, accepted the letters of appreciation on behalf of the
Alameda Police Department.
CONSENT CALENDAR
Councilmember Matarrese moved approval of the Consent Calendar,
including continuing the Public Hearing to consider an Appeal of J.
Barni to February 1; continuing the Public Hearing to consider
Amendment to Zoning Map to February 1; and noticing the Public
Hearing to consider an Appeal of Rita Mohlen for a later date.
Councilmember Daysog 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.]
( *05 -032) Minutes of the Special Joint City Council and Community
Improvement Commission (CIC) Meeting of December 21, 2004; the
Special and Regular City Council Meetings held on January 4, 2005;
and the Special Joint City Council, CIC and Alameda Reuse and
Redevelopment Authority Meeting of January 5, 2005. Approved.
( *05 -033) Ratified bills in the amount of $3,049,755.31.
(05 -034) Public Hearing to consider an Appeal of the Planning
Board's approval of Design Review, DR04 -0101, to allow a 5,300
square foot new commercial building (veterinary hospital) to
replace approximately 2,000 square feet of commercial buildings,
with a parking lot expansion to 23 spaces; and adoption of related
resolution. The property is located at 1410 Everett Street in the
C -C Community Commercial and R -5 Hotel Residential Zoning
Districts. Appellant: J. Barni. Continued to February 1, 2005.
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January 18, 2005
( *05 -035) Public Hearing to consider Amendment to Zoning Map to
rezone approximately 7,800 square feet (1/5 acre) at 1410 Everett
Street, APN 070 - 170 -15, from R -5 Hotel Residential to C -C Community
Commercial; and
( *05 -035A) Introduction of Ordinance Amending the Zoning Map to
Designate APN 070 - 170 -15, Approximately One -Fifth Acre, from R -5
Hotel Residential to C -C Community Commercial, on Central Avenue at
Everett Street. Continued to February 1, 2005.
( *05 -036) 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. To be noticed for a later date.
REGULAR AGENDA ITEMS
(05 -037) Resolution No. 13811, "Opposing the Proposed Lower Lake
Rancheria -Koi Nation Casino in the City of Oakland." Adopted.
Michael John Torrey, Alameda, stated that it is important to make
sure that the Rancheria -Koi Nation does not get the land trust.
Melody Marr, Alameda Chamber of Commerce, stated that the Chamber
supports the Resolution; submitted a packet of information from the
Chamber's Town Hall Meeting.
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Mayor Johnson stated that the Council needs to send a strong
message in support of the Resolution opposing the Rancheria -Koi
Nation proposed casino; Alameda's vote, along with the City of San
Leandro, Alameda County, and the City of Oakland, will send a
strong message to the Bureau of Indian Affairs; stated she had the
opportunity to speak with Congressman Stark and that he will
support Alameda in their efforts.
Councilmember Matarrese stated that the casino proposal is not good
for Alameda, the adjoining wildlife refuge, the City of Oakland and
is a false economy; that he would oppose any casino by any tribe in
any urban area; he hopes that there is unanimous support of the
Resolution.
Councilmember Matarrese moved adoption of the Resolution.
Councilmember deHaan seconded the motion.
Under discussion, Councilmember Daysog stated that he joins his
colleagues in opposing the casino; Council should consider joining
the City of Oakland in pursuing legal issues.
Mayor Johnson stated that she has spoken to the Interim City
Manager and meetings have already taken place; Alameda is working
with San Leandro to jointly respond to the environmental documents;
staff is working with the City of Oakland; Alameda County should be
included in pooling resources to save money in the battle opposing
the casino.
Councilmember Daysog stated that there should be an amendment to
the Resolution which would include directing the City Attorney to
work with colleagues in the surrounding jurisdictions to actively
oppose the proposed casino.
Mayor Johnson stated that the Resolution should be very strong,
clear and precise regarding Alameda's position on the casino; that
she would prefer to give separate direction to staff to work with
the surrounding communities and Alameda County.
Acting Mayor Gilmore inquired whether Councilmember Daysog was
amicable to giving staff direction, to which Councilmember Daysog
responded in the affirmative.
Councilmember deHaan stated that he commends the Council in taking
the lead; the matter will be an uphill push involving federal
regulations.
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Councilmember Daysog stated that he opposes the proposed casino for
a number of reasons, including crime and the urban planning impacts
on Alameda and other cities; the proposed casino is only one of a
wave of casinos to come which are inappropriate for the area.
Councilmember deHaan stated that the Oakland City Council wanted to
ensure that Alameda has no desire to have a casino.
On the call for the question, the motion carried by unanimous voice
vote - 5.
(05 -038) Public Hearing on Housing and Community Development needs
for Community Development Block Grant Annual and Five -Year Plans.
The Community Development Manager gave a brief presentation on the
housing and community development needs.
Councilmember Daysog requested an Off Agenda Report update on the
Section 8 funding.
Jim Franz, American Red Cross, urged the Council to encourage the
continuation of a balance of service provisions that provide a
safety net in the community.
Hugh Cavanaugh, Alameda Food Bank, stated there has been a 500
growth in the past three years and that he expects the growth to
continue over the next few years.
Steven Currie, Social Services Human Relations Board (SSHRB), read
a letter from SSHRB encouraging the Council to continue the safety
net services and programs that empower and support residents'
efforts toward self - sufficiency.
Councilmember Matarrese thanked the Social Services Human Relations
Board for their work; stated that he looked forward to receiving
the Board's recommendations.
(05 -039) Report regarding Corrective and Preventive Plan in
response to the Memorandum on Internal Control Structure.
Acting Mayor Gilmore stated that the matter was being discussed
because Council requested staff to respond to questions resulting
from the City's annual audit.
Councilmember Matarrese requested information on the amount of the
fund balance deficit; inquired whether the list of items in the
audit recommendation regarding the budget represents surplus or
deficit.
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The Finance Director responded that she would provide the
information to Council.
Councilmember Matarrese stated that he would like to have the
requested information coordinated with the budget information
provided in the first week of February.
Acting Mayor Gilmore stated that the City has become dependant on
Information Technology services; system failure would result in
countless hours of lost productivity; Council should carefully
review the costs of addressing the issue and prioritize
accordingly.
Councilmember Daysog stated that the Plan makes a lot of the
internal mechanisms of the City transparent; requested information
on the debt reserve compliance issues.
Councilmember deHaan inquired whether bonds are typically
refinanced without the qualification process.
The Finance Director responded there would be a competitive bid
process if a bond is straight forward and uncomplicated;
complicated bonds would be negotiated; the underwriters would
respond to the Request for Proposal (RFP) stating what could be
done at what price; staff would then recommend a selection to the
governing body.
Councilmember Daysog requested that the bond bidding process be
placed on a future agenda for discussion; stated that it is
important for Council to be involved in the bidding of bonds and in
the decision not to bid.
Councilmember Matarrese stated that the City's retirement and
health benefit costs have increased dramatically; the City's Public
Employee Retirement System (PERS) contribution increased 615% from
2002 to 2004.
(05 -040) Discussion regarding options for relocation assistance
legislation and a temporary moratorium on all new construction,
demolition and condominium conversion in the "West End Atlantic
Corridor Area" (bounded by Webster Street, Main Street, Pacific
Avenue and Ralph J. Appezzato Memorial Parkway).
The Interim City Manager provided a brief outline of the Harbor
Island Apartment eviction process and staff's coordinating efforts
to financially help the remaining tenants move.
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Acting Mayor Gilmore stated that the Council would not be taking
action tonight; public testimony would be taken and the matter
would be continued to the February 1, 2005 City Council Meeting;
the two meeting nights constitute one meeting; stated speakers can
speak at tonight's meeting or on February 1, but not at both.
Proponents: Regina Tillman, Alameda; Steven Garner, Alameda; Frank
Skiles, Alameda; Gretchen Lipow, Alameda; Ron Salsig, Alameda;
Wendy Horikoshi, Alameda; Janet Gibson, Alameda Unified School
District; Reginald James, Alameda; Eve Bach, Alameda; Carl Halpern,
Alameda;Mary Green Parks, Alameda.
Opponents: Dominic Pasanisi, Alameda; Barbara Kerr, Alameda; Fern
Wallace, Alameda; Bernie Fitzgerald, Alameda; Melinda Samuelson,
Alameda; Steven Edrington, Alameda [submitted handout]; Carol
Martino, Realty World Martino Associates; John Sullivan, San
Leandro; Kathy Lautz, Apartment Owners Association; Thomas S.
Cooke, Manager, Bonanza Apartments; Carmen Lasar, Alameda; and,
Monica Getten, Alameda.
Councilmember Matarrese requested that the City Attorney provide an
analysis of existing State law which might overlap with the
proposed ordinance, particularly landlord and tenant relationships;
stated that there is plenty of State law protecting individual
tenants in contracts with landlords; he is concerned that there is
not much protection for the community; there is significant impact
on the community and the schools when owners choose to wipe out a
large complex; the matter is not about rent control; he has never
supported rent control, which has always been a failure; there has
never been a complaint about rent being too high, only complaints
that rent is too high for the services not being delivered.
Acting Mayor Gilmore requested information on how many properties
have 40 units or more and the total number of units in the "West
End Atlantic Corridor Area ", and requested staff to provide
information on how the ordinance would work in the absence of rent
control.
(05 -041) Ordinance No. 2934, "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)." Finally passed.
Councilmember Matarrese stated the Ordinance provides some hope to
close the gap in the budget shortfall; moved final passage of the
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Ordinance.
Councilmember Daysog seconded the motion.
Under discussion Councilmember Daysog, stated that he was concerned
about the possibility of a charge on either cable or electric
bills; it is important to be upfront with the public regarding the
$750,000 and the possibility of recouping the money through rate
charges.
The Interim City Manager stated impacts would be determined through
the Alameda Power and Telecom (AP &T) budget process; stated that
there are always trade offs in the budget.
Councilmember Daysog stated that he supports the Ordinance, which
is the more conservative approach given the different options
presented.
Councilmember deHaan stated that there is a good likelihood that
something would need to be massaged; AP &T should not go through a
disproportionate adjustment.
On the call for the question, the motion carried by unanimous voice
vote - 4. [Absent: Mayor Johnson - 1.]
(05 -042) Ordinance No. 2935, "Amending the Alameda Municipal Code
by Adding a New Section 3 -91 (City of Alameda Community Benefit
Assessment Procedure Code) to Article VI (City of Alameda
Improvement Procedure Code) of Chapter III (Finance and Taxation)."
Finally passed.
Councilmember Matarrese moved final passage of the Ordinance.
Councilmember deHaan seconded the motion, which carried by
unanimous voice vote - 4. [Absent: Mayor Johnson - 1.]
ORAL COMMUNICATIONS, NON- AGENDA
None.
COUNCIL COMMUNICATIONS
(05 -043) Councilmember deHaan inquired whether the budget review
process would take two months.
The Interim City Manager outlined the budget adoption process and
stated the mid -year budget review addresses expenditures and
revenues through the end of December and should be addressed at the
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first or second meeting in February.
ADJOURNMENT
There being no further business, Acting Mayor Gilmore adjourned the
Regular Meeting at 10:02 p.m.
Respectfully Submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
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