2006-03-07 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- -MARCH 7, 2006- -7:30 P.M.
Mayor Johnson convened the Regular Meeting at 7:49 p.m.
ROLL CALL - Present: Councilmembers Daysog, deHaan, Gilmore,
Matarrese, and Mayor Johnson - 5.
Absent: None.
AGENDA CHANGES
(06 -106) Mayor Johnson announced that consideration of change
order for first floor ceiling treatment [paragraph no. 06 -109]
would be addressed with the Library Project update [paragraph no.
06 -1081.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(06 -107) Presentation of Abbott Diabetes Care.
Art Autorino, Abbott Diabetes Care Divisional Vice President of
Operations, provided a brief presentation.
Mayor Johnson stated that Abbott Diabetes Care products are very
helpful; diabetes testing can be very painful.
Mr. Autorino stated that technology has improved; current testing
is painless.
Mayor Johnson stated people are doing a better job in monitoring
blood sugar levels.
Councilmember deHaan inquired whether Abbott was researching non -
intrusive testing.
Mr. Autorino responded in the negative; stated the long -term hope
is to have a product that measures the glucose level and
communicates the correct dosage through an insulin pump.
Mayor Johnson stated the community is glad to have Abbott Diabetes
Care in Alameda; thanked the Development Services Department for
working closely with Abbott Diabetes Care.
Councilmember deHaan stated the Development Services Department
became a model working to retaining business.
Mr. Autorino stated the City, County, and State were very helpful.
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Mayor Johnson stated that Advanced Cell Technologies is a new
company at the Business Park.
(06 -108) Library Project update.
The Project Manager provided a brief presentation.
REGULAR AGENDA ITEM
(06 -109) Consideration of change order for first floor ceiling
treatment for the New Main Library Project.
Mayor Johnson stated that putting items back into the project is
good; the wood ceiling would make the New Main Library more
beautiful.
Councilmember Matarrese stated the change order is a good way to
spend the additional money; the risk goes down as the project nears
completion; now is the time to invest the money back into the
project.
Vice Mayor Gilmore inquired whether there is a difference between
the durability of the cherry wood ceiling and the acoustical tiles
and whether the Library Building Team or Project Manager had a top
priority add -back.
The Project Manager responded the ceiling change order is the only
choice; stated the architect asserts to the durability of the
cherry wood ceiling in his letter; acoustical tiles cannot be
cleaned; a wood ceiling can be cleaned.
Councilmember Matarrese inquired whether there is a number two add -
back that the money should be spent on.
The Project Manager responded other value engineering items cannot
be added back due to scheduling restraints; small items could be
put back.
Councilmember Matarrese requested that a value - engineering list be
provided to the Council in an Off Agenda Report.
Councilmember Daysog stated the New Main Library is for all of
Alameda; the Council should move forward if the change order
improves the beauty of the Library; inquired whether the interest
earned on Measure 0 funds would be used, to which the Project
Manager responded in the affirmative.
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March 7, 2006
Councilmember Daysog inquired whether redevelopment money could be
used instead; stated the interest earned on Measure 0 funds could
be used for branch libraries; redevelopment money can only be used
in redevelopment areas.
The Project Manager responded Council approved the contingency
funding on December 21, 2004; the order of funding was Measure 0
interest, branch library funding, and then redevelopment.
Councilmember Matarrese inquired whether branch library funding
would be guaranteed if redevelopment money were used for the add -
back.
Councilmember Daysog stated the best approach would be to move
forward with the change order and leave flexibility for staff to
iron out the details.
Vice Mayor Gilmore stated that she understood that the $670,000
line item was earmarked for branch library upgrades; the concept
was to dip into the branch library funding if the New Main Library
ran over budget.
The Project Manager stated $2 million was allocated for branch
library funding.
Mayor Johnson inquired whether branch library funds would be used
if the New Main Library ran over budget or whether alternate
sources would be used.
The Project Manager responded branch library funds would be used if
the New Main Library runs over the $375,000 [Measure 0 interest];
stated the final funding source would be redevelopment funds.
Mayor Johnson stated the Council could move forward with the change
order and address the financing issue at a later point.
Councilmember deHaan stated that only going $200,000 over on a $20
million project is incredible.
Councilmember deHaan moved approval of the change order.
Councilmember Matarrese seconded the motion.
Under discussion, Councilmember Daysog stated money should be saved
for the branch libraries; Alameda can have a great Main Library and
great branch libraries.
The Project Manager stated he is lobbying to use the $2 million
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[for branch libraries] as another local match for a future bond
measure; the Statewide Library Bond Measure would provide a
significant amount of funding if the Measure passes in June 2006;
the Office of Library Construction looks very favorably on Alameda
because of the current project.
Councilmember Daysog inquired whether the $2 million was additional
Measure 0 dollars, to which the Project Manager responded in the
affirmative.
Mayor Johnson inquired whether using the funds as a local match for
the Bond Measure would come back to Council, to which the Project
Manager responded in the affirmative.
On the call for the question, the motioned carried by unanimous
voice vote - 5.
CONSENT CALENDAR
Councilmember Matarrese moved approval of the Consent Calendar.
Councilmember deHaan seconded the motion, which carried by
unanimous voice vote - 5.
[Items so enacted or adopted are indicated by an asterisk preceding
the paragraph number.]
( *06 -110) Minutes of the Special and Regular City Council Meetings
held on February 21, 2006; the Special Joint City Council and
Public Utilities Board Meeting held on February 27, 2006; and the
Special City Council Meeting held on March 1, 2006. Approved.
( *06 -111) Ratified bills in the amount of $6,255,021.50.
( *06 -112) Recommendation to appropriate $170,000 in Urban Runoff
Funds and authorize the City Manager to negotiate and execute a
Contract with Regency Centers for repair to public drainage
facilities in coordination with construction of the Bridgeside
Shopping Center improvements. Accepted.
( *06 -113) Recommendation to accept the work of Ghilotti Brothers,
Inc. for Park Street Streetscape and Towne Center Project, No. P.W.
10- 02 -13. Accepted.
( *06 -114) Recommendation to accept the Quarterly Sales Tax Report
for the period ending December 31, 2005. Accepted.
( *06 -115) Recommendation to accept the Quarterly Investment Report
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for the period ending December 31, 2005. Accepted.
( *06 -116) Resolution No. 13929, "Ordering Vacation of a Portion of
a 25 -Foot Wide Public Utility Easement Within Tract 1866, Filed Map
Book 38, at Page 50 to 54, Alameda County Official Records;
Vacation of Two 10 -Foot Power Easements, Filed RE: 191, Image 107
#79- 196972 O.R., Alameda County Official Records and Acceptance of
New 25 -Foot Wide Public Utility Easement (Towne Centre) ." Adopted.
( *06 -117) Resolution No. 13930, "Granting Another Designated Period
for Two Years Additional Service Credit as Provided for Under
Contract Amendment between the City and the Public Employees'
Retirement System, and California Government Code Section 20903."
Adopted.
REGULAR AGENDA ITEMS
(06 -118) Resolution No. 13931, "Appointing Marilyn Ezzy Ashcraft
as a Member of the Planning Board." Adopted.
Councilmember Matarrese moved adoption of the Resolution.
Councilmember deHaan stated many people apply for various
commissions and boards; he is concerned about an individual being
appointed to a board or commission and then be appointed to a
different board or commission within six months; he does not feel
the practice is appropriate; stated he would abstain from voting on
the matter.
Mayor Johnson stated that many people serve on more than one board
or commission; she would not appoint an individual to more than one
board or commission; many people have an interest to serve; she
advises people that it is acceptable to apply for a preferred board
or commission if an opening becomes available shortly after
beginning to serve on their current appointment; serving more than
eight years or serving a three -year term and then two four -year
terms is not appropriate; she does not believe this nomination is
inappropriate because the individual has been on the Economic
Development Commission for a short period of time and a board
position came up that was of more interest; stated the nomination
is not contrary to Councilmember deHaan's comments.
Councilmember deHaan stated the Planning Board had an opening
approximately four or five months ago; the current situation could
have been curtailed if the individual applied for the position
then.
Councilmember Daysog stated that he served on two boards at the
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same time.
Mayor Johnson stated people have served on three boards at one
time; she does not believe serving on multiple boards is necessary
because many people are interested in serving.
Councilmember Daysog stated the Council should respect the
nominee's desire to serve; the Mayor has the prerogative to
nominate individuals; he respects Councilmember deHaan's position.
Councilmember Daysog seconded the motion, which carried by the
following voice vote: Ayes: Councilmembers Daysog, Gilmore,
Matarrese, and Mayor Johnson - 4. Abstentions: Councilmember deHaan
- 1.
The City Clerk administered the Oath and presented a certificate of
appointment to Ms. Ezzy Ashcraft.
Ms. Ezzy Ashcraft thanked the Council for the honor of being
appointed; stated she enjoyed serving on the Economic Development
Commission.
(06 -119) Public Hearing to consider ZA06 -0001 - Zoning Ordinance
Text Amendment /City -wide and revision of Section 30 -5.7 of the
Alameda Municipal Code (AMC), Projections from Buildings and Roof
Planes, Permitted Encroachments, and Treatments of Minimum Required
Yards; and
(06 -119A) Introduction of Ordinance Amending the Alameda Municipal
Code by Adding a New Subsection 30 -5.7 (M) (Extensions of Roof
Pitch and Roof Ridges) to Section 30 -5.7 (Projections from
Buildings and Roof Planes, Permitted Encroachments and Treatments
of Minimum Required Yards) of Chapter XXX (Development
Regulations), to Add a Process for Allowing Additions to Existing
Dwellings with Nonconforming Height. Introduced.
Mayor Johnson opened the public portion of the hearing.
There being no speakers, Mayor Johnson closed the public portion of
the hearing.
Mayor Johnson inquired whether the proposed amendment relates to
the Design Review Guidelines.
The Supervising Planner responded the amendment was proposed by the
Customer Service Initiative Committee and is part of the on -going
Development Code review.
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Mayor Johnson inquired whether the proposed amendment included non -
dwelling structures, to which the Supervising Planner responded in
the negative.
Mayor Johnson inquired whether the proposed amendment was prompted
by a previously addressed garage issue.
Councilmember deHaan responded house additions and design are an
on -going concern; the proposed amendment would allow the aesthetics
of older homes to be proportional to the existing rooflines when
additions are made.
The Supervising Planner responded the proposed amendment would
address main structures, not accessory structures.
Councilmember Daysog stated a Harbor Bay homeowner wanted to build
an addition without a setback; neighbors were concerned that
sunlight would be lost without the setback.
The Supervising Planner stated neighbors would be notified because
issues would go through the Design Review process.
Mayor Johnson inquired whether the Customer Service Initiative
Committee was working on other issues.
The Supervising Planner responded staff would be meeting with the
Committee tomorrow; the Committee is working on clarifying the
building process for the public.
Councilmember deHaan moved introduction of the ordinance.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
(06 -120) Public Hearing to consider two parcel maps, PM 05 -002 and
PM 05 -003, Marina Berth Condominium Conversion - Marina Village
Properties;
(06 -120A) Resolution No.
and PM 05 -003, at Berth
Adopted; and
13932, "Approving Parcel Maps, PM 05 -002
Gates 8 through 11 at Marina Village."
(06 -120B) Resolution No. 13933, "Granting a Non - Exclusive
Facilities Easement and a Non - Exclusive 18 -Foot Wide Ingress and
Egress Easement between the City of Alameda and Alameda Real Estate
Investments within Lot 7 of Tract 6096." Adopted.
Mayor Johnson opened the public portion of the hearing.
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There being no speakers, Mayor Johnson closed the public portion of
the hearing.
Councilmember Matarrese stated he would recuse himself because he
owns property within 300 feet of Marina Village and left the room.
The Supervising Planner provided a brief report.
Vice Mayor Gilmore inquired whether live - aboards were counted as
units under the Housing Element.
The Supervising Planner responded in the negative; stated that only
floating homes [houseboats] are treated as housing units.
Mayor Johnson inquired whether dues would pay for the maintenance,
to which the Supervising Planner responded in the affirmative.
Mayor Johnson inquired how dues would be established, to which the
Supervising Planner responded that dues would be established
through the Covenants, Conditions and Restrictions (CC &R's).
Councilmember deHaan inquired whether there are other marina
condominiums in the area.
The Supervising Planner responded Emerycove in Emeryville has been
in place for 20 years.
Councilmember deHaan inquired what was the percentage of ownership
at Emerycove.
The Emerycove Harbor Master responded all 430 slips are privately
owned.
Councilmember deHaan inquired what would happen if 100% was not
sold out.
The Emerycove Harbor Master responded the original owner owned the
430 slips and has sold all but 157 slips.
Councilmember deHaan inquired what percentage of ownership is
planned, to which Don Parker responded 100%.
Councilmember deHaan inquired what is the percentage of current
live - aboards.
The Marina Harbor Master Manager responded 10% is allowed, which is
75 live- aboards; currently, there are 63 live - aboards.
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Councilmember deHaan inquired whether any parking problems would be
encountered with the 100 live - aboards.
The Marina Harbor Master Manager responded parking was not an issue
in the past when there were 75 live - aboards.
Vice Mayor Gilmore moved adoption of resolutions.
Councilmember Daysog thanked Mr. Parker for the work he has done
for Alameda and for transforming Marina Village.
Councilmember Daysog seconded the motion.
Under discussion, Councilmember deHaan stated that Mr. Parker was
the first ARRA Executive Officer; learning the conversion and
development ropes was an exciting opportunity; Marina Village
turned into a great development; the City owes a debt of gratitude
to Mr. Parker for his persistence.
Mr. Parker thanked the Council for recognizing the Marina Village
accomplishments; stated tonight will be the last time he would be
speaking before the City Council; he has been in front of 5 Mayors
over the last 27 years; the experience has been wonderful.
On the call for the question, the motion carried by the following
voice vote: Ayes: Councilmembers Daysog, deHaan, Gilmore, and Mayor
Johnson - 4. Abstentions: Councilmember Matarrese - 1. [Note
Councilmember Matarrese recused himself due to owning property
within 300 feet of Marina Village.]
(06 -121) Resolution No. 13934, "Establishing a Long -Term Park Use
Policy." Adopted.
The Acting Recreation and Park Director provided a brief report.
Councilmember Daysog inquired who was contacted at the Swim
Association, to which the Acting Recreation and Park Director
responded the President.
Councilmember Matarrese thanked the Recreation and Park Commission
and Acting Recreation and Park Director for a job well done.
Councilmember deHaan moved adoption of the resolution.
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 5.
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March 7, 2006
ORAL COMMUNICATIONS, NON- AGENDA
None.
COUNCIL COMMUNICATIONS
(06 -122) Councilmember Daysog stated that he would like the Council
to deliberate over the $5,000 charged to members appealing the
Cineplex; the public should bear the cost; issues become public
when people oppose an item; $5,000 seems very high.
(06 -123) Councilmember Daysog stated heavy Alameda Power and
Telecom issues were discussed at the February 27 Joint City Council
and Public Utilities Board Meeting; the Council should begin to
tackle the problems; stated that perhaps the public should take a
vote on the direction regarding the issues addressed.
(06 -124) Councilmember deHaan stated the fee structure should be
reviewed, particularly appeal fees; the fee structure has
changed over the years; appeal fees started at $30.00 per hour and
then changed to a flat rate; the last change was to $100 per hour;
excessive fees inhibit individuals from coming forward with
concerns; the Council has the option to call for review at no cost;
the fee structure should be brought back for Council review.
(06 -125) Councilmember deHaan stated he is waiting for the ten -year
budget [financial projection]; the infrastructure effort to put
back $1.6 million is a stop -gap effort and is a one time
expenditure; setting up an on -going funding stream [for
infrastructure] is important; proposals need to come back to the
Council.
(06 -126) Councilmember Matarrese thanked the Public Works
Department for the speed signs [pole- mounted radar] ; stated the
signs seem very effective.
(06 -127) Councilmember Matarrese requested that the public receive
an update on the next step for continued improvements on Park
Street, Webster Street, and City entrances.
(06 -128) Councilmember Matarrese thanked Code Enforcement for
removing the cigarette sign at the foot of the Park Street Bridge.
(06 -129) Councilmember Matarrese stated that potential ride share
venues were considered on the West End near the Tube; requested
that the matter be resurrected and a report be provided; suggested
that the Transportation Commission be directed to review the
matter.
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(06 -130) Councilmember Matarrese stated that Long's is working with
the Planning Department on some renovations; suggested using
creativity for the corner across from City Hall, such a mini -park.
Mayor Johnson inquired whether the red windows were historic or
could be removed from the Long's site.
(06 -131) Mayor Johnson inquired whether the speed [pole- mounted
radar] signs were mobile, to which the City Manager responded some
signs are pole- mounted and others are mobile.
Councilmember Matarrese stated he would like to have a permanent
speed sign at Lincoln Avenue curve area.
Mayor Johnson inquired whether a sign was located on Buena Vista
Avenue.
The City Manager stated that a report on locations would be
provided to the Council.
Mayor Johnson requested a temporary or permanent speed sign be
located on Buena Vista Avenue.
Vice Mayor Gilmore inquired whether the signs' effectiveness could
be measured.
Mayor Johnson inquired whether speeds could be monitored, to which
the City Manager responded that she would check.
Councilmember deHaan stated a decrease in the number of tickets
issued would be a good measure of the signs' effectiveness.
(06 -132) Councilmember Daysog stated that he attended a briefing
co- sponsored by the League of California Cities East Bay, North
Bay, and Peninsula Divisions; a representative from the Governor's
office addressed the upcoming infrastructure bond plan; Friday is
the deadline for the Governor and legislature to place something on
the June ballot.
(06 -133) Mayor Johnson thanked the Recreation and Park Department
for providing information on the City facilities naming process;
stated she would like to have the policy come back to Council for
discussion along with the street naming policy.
(06 -134) Mayor Johnson welcomed David Brandt to his first City
Council meeting as Assistant City Manager.
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Councilmember deHaan congratulated the Assistant City Manager for
the new addition to his family.
Mayor Johnson thanked the Interim Assistant City Manager for
doing a great job for the last two months.
Councilmember deHaan stated the Interim Assistant City Manager
stepped into the position and did not miss a beat.
ADJOURNMENT
There being no further business, Mayor Johnson adjourned the
Regular Meeting at 9:13 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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