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2005-02-01 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- - FEBRUARY 1, 2005- -7:30 P.M. Mayor Johnson convened the Regular Meeting at 8:21 p.m. ROLL CALL - Present: Councilmembers Daysog, deHaan, Gilmore, Matarrese, and Mayor Johnson - 5. Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (05 -047) Proclamation declaring January 30, 2005 through April 4, 2005 as A Season for Nonviolence in the City of Alameda. Mayor Johnson read the Proclamation and presented it to Pat Dilks of the Children's Learning Center representing the Youth Collaborative. Ms. Dilks thanked the Council for their support. (05 -048) Update on the new main library project. The Project Manager submitted a timeline and provided an update on the project. Mayor Johnson inquired when the construction budget would be submitted, to which the Project Manager responded that the construction budget was set by the $17.4 million contract. Mayor Johnson inquired when the spending schedule would be provided, to which the Project Manager responded that a schedule would be provided this month. Vice Mayor Gilmore inquired whether the steel prices were locked in before the end of 2004, to which the Project Manager responded in the affirmative; stated the rebar subcontractor withdrew because of bankruptcy. CONSENT CALENDAR Mayor Johnson announced that the minutes [paragraph no. 05 -049], and the Resolution Authorizing the Application to the Metropolitan Transportation Commission [paragraph no. 05 -054] were removed from Regular Meeting Alameda City Council 1 February 1, 2005 the Consent Calendar for discussion. Councilmember deHaan moved approval of the remainder of the Consent Calendar. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (05 -049) Minutes of the Special and Regular City Council meetings held on January 18, 2005. Mayor Johnson requested that the minutes of the Regular City Council Meeting should be revised to reflect that she was not absent. Councilmember Matarrese moved approval of the Special City Council Meeting and revised Regular City Council Meeting. Councilmember deHaan seconded the motion, which carried by unanimous voice vote - 5. ( *05 -050) Ratified bills in the amount of $4,627,942.61. ( *05 -051) Recommendation to accept the Quarterly Investment Report for period ending December 31, 2004. Accepted. ( *05 -052) Recommendation to approve Agreement with Ameresco Half Moon Bay, LLC for the purchase of power from Landfill Gas Generation. Accepted. ( *05 -053) Resolution No. 13812, "Authorizing the Application to CalTrans for Improvements to Adopted. a Bicycle Transportation Account Grant for the Bay Farm Island Bicycle Bridge Approach." (05 -054) Resolution No. 13813, "Authorizing the Application to the Metropolitan Transportation Commission for a Regional Bicycle and Pedestrian Program Grant for the Cross Alameda Trail Phase I." Adopted. Councilmember deHaan inquired whether the purchase of the right -of- way for the linear park was part of the Alameda Belt Line property, to which the Public Works Director responded in the affirmative. The City Attorney stated that the Alameda Belt Line litigation Regular Meeting Alameda City Council 2 February 1, 2005 involves the exercise of the right to purchase the entire Alameda Belt Line property, not just the 22 -acre site. Mayor Johnson stated that the purchase of the right -of -way for the linear park was separate from the down zoned area [Measure D, 2000]. Councilmember deHaan inquired whether the curb on Ralph Appezzato Memorial Parkway was under the City's jurisdiction, to which the Public Works Director responded the street from curb to curb is within the public right -of -way. Councilmember deHaan inquired whether improvements have been made to the area, to which the Public Works Director responded that there were no improvements on the south side of Appezzato Memorial Parkway because the City only owns the area to the curb; the Alameda Belt Line property runs from the back of the curb to the fence line. Councilmember deHaan moved adoption of the Resolution. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. ( *05 -055) Resolution No. 13814, Application, Incorporating a Adjustments, to the Office of California Reading and Literacy Construction and Renovation Bond REGULAR AGENDA ITEMS (05 -056) Public Hearing to Board's approval of Design square foot new commercial replace approximately 2,000 with a parking lot expansion resolution. The property is C -C Community Commercial Districts. Appellant: John Animal Hospital. "Approving Submittal of a Revised Flat Parking Lot and Budget Library Construction Under the Improvement and Public Library Act of 2000." Adopted. consider an Appeal of the Planning Review, DR04 -0101, to allow a 5,300 building (veterinary hospital) to square feet of commercial buildings, to 23 spaces; and adoption of related located at 1410 Everett Street in the and R -5 Hotel Residential Zoning Barni, Jr. Applicant: Park Centre The Supervising Planner provided a brief overview of the project. Vice Mayor Gilmore inquired whether rezoning from R -5 to C -C would make the existing property conform to the General Plan designation, to which the Supervising Planner responded in the affirmative. Mayor Johnson opened the Public Hearing. Regular Meeting Alameda City Council 3 February 1, 2005 Proponents (In favor of appeal) : George Borikas, Alameda; John Barni, Appellant; Paul Schmidt, Alameda; Erin Beales, Alameda; Tom Matthews, Alameda; Joe Meylor, Alameda. Opponents (Not in favor of appeal): Steve Busse, Park Centre Animal Hospital; Richard Raus, Applicant's Architect; Gregory Roseen, Roseen Builders Inc.; Cathy Wydner, Park Centre Animal Hospital; Genevieve Manchester - Johnson, Park Centre Animal Hospital; Helen Mohr, Alameda; Robb Ratto, Park Street Business Association; Debbie George; Tracy McKean, Alameda Publishing Group; Gene Oh; Shana Levy, Alameda. There being no further speakers, Mayor Johnson closed the public portion of the Hearing. Councilmember deHaan inquired whether the Planning Department was comfortable with the notification process and whether there was a problem with the identification of the addresses. The Supervising Planner responded that all three speakers who advised that they did not receive notification are on the mailing list; the Planning Board notification was sent out on November 23 for the Planning Board Meeting in early December; the same list was used for notification of tonight's meeting; there was no indication that any of the 171 notices were returned for non - receipt. Councilmember deHaan inquired whether there was confusion with the project address, to which the Supervising Planner responded that the current Veterinary Hospital address was used; there might have been some confusion about whether or not the corner lot was also going to be redeveloped if the plans were not reviewed. Councilmember deHaan inquired whether there has been confusion with addresses in the past. The Supervising Planner responded that addresses for corner lots could be confusing because of multiple addresses; a scanned site location map will be attached to notifications in the future. Planner responded in the affirmative. Vice Mayor Gilmore inquired whether there were three separate addresses for the three different parcels, to which the Supervising Vice Mayor Gilmore inquired whether having two different addresses would change the notification circumference, to which the Supervising Planner responded that the circumference would be changed slightly; all three speakers who stated that they did not Regular Meeting Alameda City Council 4 February 1, 2005 receive notification live within 300 feet regardless of the Everett Street or Central Avenue address. Vice Mayor Gilmore inquired whether someone would be unaware that Central Avenue was involved if they did not review the plans, to which the Supervising Planner responded in the affirmative. Councilmember Matarrese inquired whether use permits run with the current proprietor or with the property, to which the Supervising Planner responded that use permits run with the land; stated use permits do not change the zoning. Mayor Johnson inquired whether the notice is valid, to which the City Attorney responded that the notice complies with the requirements of the Municipal Code and the current practices of the Planning Department. Councilmember deHaan requested clarification on the dog walking practices. Mr. Busse stated that currently the dogs are walked on the existing bank property as well as in the neighborhood. Councilmember deHaan inquired whether dogs are boarded, to which Mr. Busse responded in the affirmative. Councilmember deHaan inquired whether there is design latitude on the Central Avenue side, to which Mr. Busse responded enhancements have been made; additional latticework is being added. Councilmember deHaan stated he was concerned with trees covering the sign. Councilmember Matarrese inquired whether landscaping was one foot from the lot line and five feet from the edge of the sidewalk. Mr. Busse responded that there would be a five foot two inch landscape buffer from the existing sidewalk. Mayor Johnson stated that she supports the project; Design Review is the only issue before the Council; good improvements have been made. Councilmember deHaan stated that he is concerned about the notification. Councilmember Matarrese stated that the project should be re- noticed, and Design Review should be sent back to the Planning Regular Meeting Alameda City Council 5 February 1, 2005 OT- ell Vice Mayor Gilmore stated that she would like to go on record as liking the design, especially the changes the architect has made; she is concerned about the noticing issue. Mayor Johnson stated that she concurs with Vice Mayor Gilmore; not including the address on Central Avenue in the notice may have caused confusion; she feels badly for the business because of the project delay. Councilmember Daysog stated that speakers mentioned that the design does not fit the residential character of the neighborhood; arguments could be made that the design is an improvement over the existing structure; the project is a positive step. Councilmember deHaan moved that the matter be sent back to the Planning Board for proper notification. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. Councilmembers Matarrese, Gilmore, Daysog, and Mayor Johnson went on record that the only reason the matter was being sent back to the Planning Board was to allow proper notification. (05 -057) 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 -057A) Introduction of Ordinance Reclassifying and Rezoning Certain Property within the City of Alameda by Amending Zoning Ordinance No. 1277, N.S., from R -5 (General Residential) Zoning District to C -C (Community Commercial) Zoning District, for that Property Located at 2507 Central Avenue at Everett Street. Not introduced. Mayor Johnson opened the Public Hearing. Proponents (In favor of rezoning) : Robb Ratto, Park Street Business Association; Steve Busse, Park Centre Animal Hospital. onents (Not in favor of rezoning): John Barni, Alameda. There being no further speakers, Mayor Johnson closed the public portion of the hearing. Regular Meeting Alameda City Council 6 February 1, 2005 Vice Mayor Gilmore moved that the matter be sent back to the Planning Board for proper notification. Councilmember deHaan seconded the motion, which carried by unanimous voice vote - 5. Mayor Johnson called a recess at 10:05 p.m. and reconvened the Regular City Council Meeting at 10:21 p.m. Mayor Johnson announced that the recommendation to direct the City Manager to prepare an ordinance [paragraph no. 05 -058] would be heard before the discussion regarding options for relocation assistance [paragraph no. 05 -0591. (05 -058) Recommendation to direct the City Manager to prepare an ordinance establishing a Theatre Combining District in Chapter XXX, Development Regulations. Lars Hanson, Park Street Business Association (PSBR), stated that PSBR supports establishment of the ordinance. Mayor Johnson announced that the following speakers are in favor but would not comment: Pauline Kelley, Alameda; Abigail Wade, Regency Antiques; Nick Petrulakis, Books Inc.; Elizabeth Pinkerton, Dog Bone Alley; Gene Oh, Alameda Bicycle, Robb Ratto, PSBR. Councilmember deHaan moved to approval of the staff recommendation. Councilmember Matarrese seconded the motion. Under discussion, Councilmember Daysog inquired whether accepting the staff recommendation allows the Central Cinema to continue operating, to which the City Attorney responded in the affirmative. On the call for the question, the motion carried by unanimous voice vote - 5. (05 -059) 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). Proponents: Mosetta Rose London, Alameda; Donald Cummingham, Alameda; Modessa Henderson, Harbor Island Tenant Association (HITA); Motoe Yamada, Alameda; Emily, Lin; Michael Wharton, Alameda Regular Meeting Alameda City Council 7 February 1, 2005 Unified School District; Gerbrehiwot Tesfandrias, Alameda; Michael John Torrey, Alameda; Samya Ahmed, HITA; David de la Torre, Alameda; Lorraine Lilley, HITA; Tom Matthews, Renewed Hope; Lynette Lee, Renewed Hope; Isolina Cadle, HITA; Michael Yoshii, Buena Vista United Methodist Church; Judge Richard Bartalini, Alameda; Arnold Fong, Alameda resident and RPO; Lily Lueng, Alameda. Neutral: Dr. Mary Abu -saba, Alameda; Deborah James, Alameda; Craig Miott, Alameda. Opponents: Jack Sullivan, Alameda resident and Rental Property Owner (RPO) ; Jun Saraspi, RPO; John Goerl, RPO; Shirley Green, Alameda resident and RPO; Paul Anders, Alameda resident and RPO; Merle Pagel, Alameda resident and RPO; Maewood Zarback, Alameda resident and RPO; Roger Armstrong, RPO; Rosemary McNally, Alameda resident and RPO; Angela McIntyre, Alameda Association of Realtors; Harry McMillan, RPO; Ann O'Rourke, Alameda resident and RPO; former Councilmember Hadi Monsef, Alameda; Chris Mazala, Mason Management; Don Camara, Alameda resident and RPO; Lisa Fowler, Gallagher and Lindsey; Eileen Walker, Alameda resident and President of Alameda Association of Realtors; Ann Bracci, Alameda; Dave Gallagher, RPO; Hanna Fry, Alameda resident and RPO; Mark Palmer, Alameda resident and RPO; Ellen Purdy, Harbor Bay Realty; Ed Murphy, Alameda resident and RPO; Arch Woodliff, Alameda resident and RPO; Suha Erdem, Alameda resident and RPO; Cynthia Ridenour, Alameda resident and RPO; former Councilmember Barbara Kerr, Alameda; Thomas Cooke, Bonanza Apartments; Carol Martino, Realty World Martino Associates; Kathy Lautz, Apartment Owners Association; Steve Edrington, Rental Housing Association of Northern Alameda County. (05 -060) After speaker Cynthia Ridenour, Councilmember Matarrese moved that the Regular Meeting be continued past midnight. Vice Mayor Gilmore seconded the motion, which carried by unanimous voice vote - 5. Councilmember Daysog stated that as a graduate student he worked on a project analyzing the impacts of rent control in Berkeley and Santa Monica; in both cases, rent control laws did not help the people; he is concerned that someone would use the proposed ordinance to file a lawsuit for reasons having little or nothing to do with the Harbor Island Apartment situation; the emphasis of the proposed ordinance is wrong by focusing on landlord /tenant relations; involvement in landlord /tenant relations is done informally via the Rent Review Advisory Committee; requested that staff, landlords and residents work together to develop something Regular Meeting Alameda City Council 8 February 1, 2005 other than an ordinance that speaks to short notice mass evictions and voluntary relocation assistance. Mayor Johnson requested staff to determine how local and State statutes could be put to better use; stated the maintenance and quality of life issues at the Harbor Island Apartments could have been handled better. Councilmember Matarrese stated that he has not met one person who has defended the 15 Asset Management Group's action; requested staff to review whether there is a hole in the condominium conversion ordinance and whether there is an attempt to circumvent the ordinance; the proposed ordinance does not address the impact of not providing a reasonable, fair amount of public notice for vacating the complex completely; the Alameda Unified School District is trying to close a gap of over a million dollars; perhaps the 15 Asset Management Group should pay an impact fee; the Harbor Island Apartment issue will not be resolved soon; encouraged investment and improvement in the West End; stated process should include social impacts. Vice Mayor Gilmore stated the goal should be preventing a Harbor Island Apartment situation from happening again; the question is how to go about it; the City needs to work to enforce current laws; the former residents suffered greatly; West End residents need to know that they are just as important as residents in other sections of the City; landlords have stated that the proposed ordinance will not work from their standpoint; challenged the landlords to work with the City and the residents and come up with a way of preventing the situation from happening again; stated steps need to be put in place to have it happen sooner rather than later. Councilmember deHaan stated that redeveloping the West End will cause displacement; a good social eye is needed for what is occurring; the City knew that something was going astray; a wedge has been driven between the landlords and tenants; the size of the Harbor Island Apartments makes it difficult to manage; the property cannot afford to be kept out of the rental market; that he does not believe the ordinance or moratorium are the answer. Councilmember Daysog stated the concerns that people had regarding mandatory relocation assistance could be the same concerns regarding mandatory impacts; the City needs to be creative in following through with a voluntary relocation program. Mayor Johnson stated that she had no expectation that the Council could create an ordinance tonight; she does not think the drafted ordinances are the answers; stated that she concurs with Vice Mayor Regular Meeting Alameda City Council 9 February 1, 2005 Gilmore's challenge to have property owners and residents work together and provide suggestions; no one in Alameda has not been offended by the actions of 15 Asset Management Group. Councilmember Matarrese stated that he is looking for some type of quantifiable action in going forward; over the last year and a half, Council had knowledge of the crime situation around the complex; Housing Authority reports stated Section 8 units were being decertified because standards were not being met; requested the City Manager to compile indicators such as crime, Code Enforcement complaints, and Housing Authority Section 8 de- certification which would allow Council to set a policy on how to react should there be another large complex that is spinning in the same fashion as the Harbor Island Apartments situation. Mayor Johnson requested an inventory of ordinances that have not been strongly enforced to allow Council to set a policy on enforcement. Councilmember Matarrese requested staff to review the Harbor Island Apartments in relation to Alameda Municipal Code Section 13 -11.3. Mayor Johnson requested an inventory of ordinances that apply to Alameda, whether State or local. Councilmember deHaan stated that he would like to review how other cities have utilized the State ordinances and whether other cities have been effective. Mayor Johnson stated that it is important for the Council to set a policy utilizing existing ordinances. Councilmember Daysog requested feedback from staff on his draft voluntary relocation assistance. Vice Mayor Gilmore stated that going through the process has raised public awareness; a committee of tenant and landlord representatives should be formed to keep the momentum going and discuss the issues; landlords have been reactionary to tenants' ideas; landlords and tenants should work more cooperatively in developing ideas for preventing the situation from occurring again. Mayor Johnson requested that suggestions on the framework of the committee be brought back to Council at the next City Council meeting. Vice Mayor Gilmore moved that staff follow up on direction provided tonight. Regular Meeting Alameda City Council 10 February 1, 2005 Councilmember Matarrese clarified that the motion was to direct staff to: 1) provide a compilation of indicators relating to crime, Code Enforcement, and Housing Authority Section 8 de- certification which would enable the Council to develop a policy on how to react, and 2) provide a framework for a committee which would include defining what happened at the Harbor Island Apartments and how to prevent the situation from happening again. Mayor Johnson stated Councilmember Daysog's voluntary relocation assistance draft should be included. Councilmember Daysog stated the proposed committee could review his suggestion. Councilmember Daysog seconded the motion, which carried by unanimous voice vote -5. ORAL COMMUNICATIONS, NON- AGENDA (05 -061) Former Councilmember Barbara Kerr, Alameda, stated the City Attorney received a copy of the State law on rentals two years ago; noted Committees, except those she has chaired, often do not sunset on time; stated landlords would get together to respond to Councilmember Gilmore's challenge [to come up with a something to prevent a Harbor Island Apartment situation from happening again]. (05 -062) Judge Richard Bartalini, Alameda, thanked Councilmember Daysog for returning property he left in the Chambers at a previous meeting. (05 -063) Steve Edrington, Rental Housing Association, stated that he could provide Council with copies of the rental housing laws. (05 -064) Arch Woodliff, Alameda, noted that he chaired the committee which dealt with rent in 1974 and first founded the Rent Review Advisory Committee. COUNCIL COMMUNICATIONS (05 -065) Consideration of Mayor's nomination for appointment to the Social Service Human Relations Board. [Partial term expiring June 30, 2007] Mayor Johnson nominated Dennis Hanna for appointment to the SSHRB. (05 -066) Vice Mayor Gilmore request staff to provide information on the cost for filing an appeal; stated Mr. Barni indicated his Regular Meeting Alameda City Council 1 1 February 1, 2005 appeal cost $700; that she understood the fee was $95; inquired where the fee for the other $600 came from and if it was a result of Council direction. Mayor Johnson stated that the appeal fee appears to be open- ended. Councilmember deHaan inquired whether winning an appeal resulted in a fee refund. Mayor Johnson stated that she believes there should be a flat fee for appeals. (05 -067) Councilmember deHaan requested staff to investigate the renovation on the 2200 block of San Jose Avenue; stated approximately three times the size of the previous structure is being added; inquired what can be done to ensure similar renovations from occurring in the future. (05 -068) Councilmember deHaan inquired whether the City has a graffiti team; requested staff to respond to graffiti on green utility boxes throughout the City. (05 -069) Councilmember Daysog stated a local dentist contacted him about not being able to put a sign on his office; other offices in similarly zoned areas have signs; requested staff to investigate the matter. ADJOURNMENT There being no further business, Mayor Johnson adjourned the meeting at 1:14 a.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 12 February 1, 2005