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2014-01-07 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -JANUARY 7, 2014- -7:00 P.M. Mayor Gilmore convened the meeting at 7:04 p.m. Vice Mayor Ezzy Ashcraft led the Pledge of Allegiance. ROLL CALL - Present: Councilmembers Chen, Daysog, Ezzy Ashcraft, Tam and Mayor Gilmore – 5. Absent: None. AGENDA CHANGES (14-001) Mayor Gilmore announced that the Hearing on Community Facilities District 13-2 [paragraph no. 14-008] would be continued to February 4, 2014. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY & ANNOUNCEMENTS (14-002) Proclamation Declaring January 7, 2014 as Girish Balachandran Day. Mayor Gilmore read and presented the proclamation to Mr. Balachandran. ORAL COMMUNICATIONS, NON-AGENDA (14-003) Irma Garcia, Alameda; Brian Beveridge, West Oakland Environmental Indicators Project (WOEIP); Margaret Gordon, WOEIP; Nina Alvezs Ariana Winslow, Alameda; Anselmo Cornelius, Alamedan’s for a Safe Community; expressed concern over the examination of customs containers at BOBAC Company in Alameda. CONSENT CALENDAR Councilmember Tam moved approval of the Consent Calendar. Vice Mayor Ezzy Ashcraft seconded the motion, which carried by unanimous voice vote – 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*14-004) Minutes of the Special and Regular City Council Meeting Held on December 3, 2013. Approved. (*14-005) Ratified bills in the amount of $2,741,231.30. (*14-006) Recommendation to Approve a Contract in the Amount of $81,071 to Willdan Financial Services to Update the City’s Development Impact Fees. Accepted. REGULAR AGENDA ITEMS Regular Meeting Alameda City Council January 7, 2014 1 (14-007) Public Hearing to Consider Approving the Housing and Community Development Needs Statement for the Community Development Block (CDBG) Grant Annual Plan for Fiscal Year (FY) 2014-15. The Housing Program Manager gave a Power Point presentation. Vice Mayor Ezzy Ashcraft inquired whether the City received $1 million last year, to which the Housing Program Manager responded in the affirmative. Vice Mayor Ezzy Ashcraft inquired whether the funds have been spent, to which the Housing Program Manager responded the money is still being spent; stated the program is in the second quarter. In response to Vice Mayor Ezzy Ashcraft’s inquiry regarding funding additional items, the Housing Program Manager stated public services have a funding cap, which cannot be exceeded; unfunded items fall under public services. Councilmember Tam stated the City’s allocation was cut by about 17% last year and an additional 5% is being cut this year; inquired whether the cuts total approximately 22%, to which the Housing Program Manager responded in the affirmative; stated a 5% cut is expected this year. Councilmember Tam stated the only programs being funded are safety net services; inquired whether the City has noticed the impact of not having funding for other programs. The Housing Program Manager responded in the affirmative; noted job training is being funded using economic development category funds. Councilmember Daysog stated the City could use additional funding for housing; however, he appreciates how funds are being spent on housing. Councilmember Chen stated that he likes the homeless prevention services; expressed his appreciation to staff and the Social Service Human Relations Board (SSHRB). Stated times are tough; outlined funding cuts; stated the cuts have resulted in an increase in Police psychiatric hold calls; the City is doing wonderful things with limited resources and provided an example: Doug Biggs, SSHRB. Stated Echo Housing provides counseling for tenants, education for tenants and landlords and reconciliation services; the importance of housing counseling services should be considered: Marjorie Rocha, Echo Housing. Stated the shelter would not be open without receiving CDBG funding; provided an example of funding being leveraged: Liz Varela, Building Futures with Women and Regular Meeting Alameda City Council January 7, 2013 2 Children. Vice Mayor Ezzy Ashcraft noted Echo Housing was funded last year and would probably be funded again. Vice Mayor Ezzy Ashcraft moved approval of the Community Development Needs Statement for the CDBG Grant Annual Plan for FY 2014-15. Councilmember Daysog seconded the motion, which carried by unanimous voice vote – 5. (14-008) Summary: Consider forming City of Alameda Community Facilities District (CFD) No. 13-1 (Alameda Landing Public Infrastructure) and, if no majority protest, (a) authorize the levy of a special tax within the District and the issuance of bonded indebtedness, (b) call for a special election within the District to establish an appropriations limit, (c) declare the results of the election and, if two thirds (2/3) or more of the votes cast are in favor of the District, (1) direct a notice of special tax lien be recorded and (2) introduce an ordinance levying special taxes within the District. Public Hearing to Consider Formation of City of Alameda Community Facilities District No. 13-1 (Alameda Landing Public Improvements); (14-008 A) Resolution No. 14880, “Resolution of Formation of the City of Alameda Community Facilities District No. 13-1 (Alameda Landing Public Improvements) Authorizing the Levy of a Special Tax within the District, Preliminarily Establishing an Appropriations Limit for the District, and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District.” Adopted; (14-008 B) Resolution No. 14881, “Determining the Necessity to Incur Bonded Indebtedness within the City of Alameda Community Facilities District No. 13-1 (Alameda Landing Public Improvements) and Submitting Proposition to the Qualified Electors of the District.” Adopted; (14-008 C) Resolution No. 14882, “Calling Special Election within the City of Alameda Community Facilities District No. 13-1 (Alameda Landing Public Improvements).” Adopted; (14-008 D) Conduct Special Election; (14-008 E) Resolution No. 14883, “Declaring Results of Special Election and Directing Recording of Notice of Special Tax Lien Alameda Landing Public Improvements.” Adopted; and (14-008 F) Introduction of Ordinance Levying Special Taxes Within the City of Alameda Community Facilities District No. 13-1 (Alameda Landing Public Improvements). Introduced. The Community Development Director gave a brief presentation. Regular Meeting Alameda City Council January 7, 2014 3 Vice Mayor Ezzy Ashcraft stated the notice indicates appeals can be filed disputing the amount of tax; inquired who would accept the appeals. The Community Development Director responded the Finance Director. Vice Mayor Ezzy Ashcraft inquired whether the special tax would be based on square footage, to which the Community Development Director responded in the affirmative. Vice Mayor Ezzy Ashcraft inquired whether provision to prepay the full amount would allow the developer to pay the assessment. The Community Development Director responded the provision would allow the homeowner to prepay the full amount in order to lower monthly payments. In response to Councilmember Chen’s inquiry regarding Proposition 218, Outside Counsel Paul Thimmig stated the City’s Special Tax Financing Improvement Code was put in place years ago; the law follows Proposition 218 and requires a 2/3 vote. Councilmember Chen inquired whether property buyers would receive a notice regarding assessment in plain English. Mr. Thimmig responded the notice would be recorded on the property; stated the City’s special tax consultant would draft a disclosure statement in plain English; discussed the theory behind Mello Roos. Vice Mayor Ezzy Ashcraft stated the Successor Agency to the Community Improvement Commission (SACIC) is listed as a property owner; inquired whether the City would have to pay the assessment. Mr. Thimmig responded in the negative; stated there is no tax on government property; there will not be a tax until the property becomes public. In response to Vice Mayor Ezzy Ashcraft’s inquiry regarding the assessment starting in April, Mr. Thimmig stated the tax would start next year; however, the bond amount could be lowered if the funds collected are used to pay for improvements. Councilmember Tam stated a similar mechanism would be used at Alameda Point; inquired whether the City should put the mechanism in place now or wait to identify a development partner. Mr. Thimmig responded that he has never seen the mechanism put in place prior to having a partner; noted developers have different viewpoints on Mello Roos; stated some developers finance the improvements themselves; that he would recommend that the City wait until a partner is in place. Regular Meeting Alameda City Council January 7, 2013 4 The City Attorney noted financing options for Alameda Point would be discussed at an upcoming meeting and the matter could be discussed in detail at said time. Councilmember Daysog stated that he supports the staff recommendation; stated CFDs are useful to keep historic Alameda from paying for Alameda Point; Alameda Point has to pay for itself. Mayor Gilmore called for written protests. There being no written protest, Mayor Gilmore opened the public hearing. There being no speakers, Mayor Gilmore closed the public hearing. Councilmember Tam moved adoption of the resolutions forming CFD 13-1, the resolution determining the necessity to incur bonded indebtedness, and the resolution calling the election. Vice Mayor Ezzy Ashcraft seconded the motion, which carried by unanimous voice vote – 5. The City Clerk opened the ballots and announced that all 24 votes are in favor. Vice Mayor Ezzy Ashcraft moved adoption of the resolution declaring the results of the special election and directing recording of special tax lien. Councilmember Tam seconded the motion, which carried by unanimous voice vote – 5. Councilmember Daysog moved introduction of the ordinance. Councilmember Chen seconded the motion, which carried by unanimous voice vote – 5. (14-009) Summary: Consider forming City of Alameda Community Facilities District (CFD) No. 13-2 (Alameda Landing Municipal Services District) and, if no majority protest, (a) authorize the levy of a special tax within the District and the issuance of bonded indebtedness, (b) call for a special election within the District to establish an appropriations limit, (c) declare the results of the election and, if two thirds (2/3) or more of the votes cast are in favor of the District, (1) direct a notice of special tax lien be recorded and (2) introduce an ordinance levying special taxes within the District. Public Hearing to Consider Formation of City of Alameda Community Facilities District No. 13-2 (Alameda Landing Municipal Services District); (14-009 A) Adoption of Resolution of Formation of the City of Alameda Community Facilities District No. 13-2 (Alameda Landing Municipal Services District) Authorizing the Levy of a Special Tax within the District, Preliminarily Establishing an Appropriations Limit for the District, and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District; Regular Meeting Alameda City Council January 7, 2014 5 (14-009 B) Adoption of Resolution Calling Special Election within the City of Alameda Community Facilities District No. 13-2 (Alameda Landing Municipal Services District); (14-009 C) Conduct Special Election; (14-009 D) Adoption of Resolution Declaring Results of Special Election and Directing Recording of Notice of Special Tax Lien Alameda Landing Municipal Services District; and (14-009 E) Introduction of Ordinance Levying Special Taxes within the City of Alameda Community Facilities District No. 13-2 (Alameda Landing Municipal Services District). The Community Development Director gave a brief presentation. Mayor Gilmore opened the Public Hearing and continued the matter to February 4, 2014. CITY MANAGER COMMUNICATIONS None. ORAL COMMUNICATIONS, NON-AGENDA None. COUNCIL REFERRALS None. COUNCIL COMMUNICATIONS (14-010) Consideration of Mayor’s Nomination for Appointment to the Housing Authority Board of Commissioners (HABOC). Mayor Gilmore nominated John McCahan for appointment to the HABOC. ADJOURNMENT There being no further business, Mayor Gilmore adjourned the meeting at 8:10 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance. Regular Meeting Alameda City Council January 7, 2013 6