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1997-01-21 Regular CC MinutesMINUTES OF THE REGULAR COUNCIL MEETING HELD ON JANUARY 21, 1997 The meeting convened at 8:09 p.m. with Mayor Ralph Appezzato presiding. Councilmember Kerr led the Pledge of Allegiance. Reverend Don Taylor, Central Baptist Church, gave the Invocation. ROLL CALL - PRESENT: Councilmembers Daysog, Kerr, Lucas, Vice Mayor DeWitt and President Appezzato - 5. ABSENT: None. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY None. CONSENT CALENDAR President Appezzato announced that the Report from the Community Development Director Summarizing West Alameda Target Area Activities was withdrawn from the Consent Calendar for discussion. Councilmember Lucas moved approval of the remainder of the Consent Calendar. Vice Mayor DeWitt seconded the motion, which carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. (*97-33) Minutes of the Special City Council Meeting held on December 19, 1996 and the Regular City Council Meeting of January 7, 1997. Approved. (97-34) Report from Community Development Director summarizing West Alameda Target Area Activities. Vice Mayor DeWitt commented that the City's Employment and Training Program at the College of Alameda should be publicly stated. The Community Development Director stated that the City was successful in obtaining a $40,000 grant from Associated Community Action Programs; last month Council approved the City's $2,000 share; the program is getting underway; staff will be meeting with the Private Industry Counsel of Alameda County; the City will advocate its case for broader funding; and staff is working closely with the College of Alameda to bring together employment resources Minutes Regular City Council Meeting January 21, 1997 to connect with employment services in Alameda. In response to Vice Mayor DeWitt's inquiry, the Community Development Director stated that anyone interested in the program should contact the Vallecitos Center for Employment and Training. Councilmember Lucas expressed concern regarding the Partners in Business Program matter discussed in Paragraph 3, Discussion and Analysis, of the staff report dated January 9, 1997. Councilmember Lucas stated that she is not sure City government should be in the business of conducting resource audits and saving money by reducing costs of either businesses, residences or general property; government should not intrude into private property; and she is not sure that the Community Development Department should be in that type of business. The Community Development Director responded that the concept is to give residential property owners a one-stop method of getting assistance, and the best way to address the [aforementioned] concern is for the Council to look at the program when developed and decide if appropriate for the City. Councilmember Lucas reiterated that her concern is whether City staff should be going into businesses, homes and other properties giving business advice. President Appezzato requested staff to report back on the matter and stated that the City runs three businesses for profit, including the Golf Course and Bureau of Electricity. Neil Patrick Sweeney, Alameda, stated that staff reports on commercial properties should be placed on the Internet. Councilmember Lucas moved acceptance of the staff report. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. (*97-35) Report from Public Works Director recommending that Council authorize reprogramming of funds within the City Hall Renovation Project Budget. Accepted. (*97-36) Report from Finance Director transmitting Investment Report for Quarter ending December 31, 1996. Accepted. (*97-37) Report from Finance Director requesting authorization to release Request for Proposals to complete data and telecommunications cabling for City Hall, 2263 Santa Clara Avenue. Accepted. Minutes Regular City Council Meeting January 21, 1997 C'h (*97-38) Resolution No. 12850 "Approving and Authorizing the Execution of the Agreement for Financing Electric Capacity with the Northern California Power Agency." Adopted. (*97-39) Ratified bills in the amount of $ ,54 ,805.74 REGULAR AGENDA ITEMS (97-40) Resolution No. 12851, "Reappointing Robert Follrath as a Member of the City Pension Board." Adopted. President Appezzato announced that Mr. Follrath would not be in attendance due to illness. Councilmember Lucas moved adoption of the Resolution. Vice Mayor DeWitt seconded the motion, which carried by unanimous voice vote - 5. (97-41) Resolution No 12852, "Appointing Gabriel Longoria as a Member of the City Housing and Building Code Hearing and Appeals Board." Adopted. Vice Mayor DeWitt moved adoption of the Resolution. Councilmember Lucas seconded the motion, which carried by unanimous voice vote. -5 The City Clerk administered the Oath of Office. Mr. Longoria thanked the City Council for the opportunity to give back to the community. (97-42) Report from Community Development Director recommending HOME funding for California Co-Housing Corporation. Ray Bolton, Elm Street, Alameda, requested that the individuals seated in the audience from Elm Street stand and be recognized; he stated that approximately 32% of the individuals on the petition [protesting project] were present this evening; that the residents were there to express their opinions regarding the 1815 Elm Street Project; they preferred not to speak, however, some may; their opinions were recorded on the signed documents; there were some additions he has not been able to get to yet; that four households, because of physical or other reasons, could not be here tonight; their opposition to the 1815 Elm Street Project is on the signed documents; three residents called him just prior to meeting-1846 Walnut Street, 2201 Buena Vista Avenue and 1854 Walnut Street--and expressed desire for him to speak on their behalf in opposition to the Project. Mr. Bolton further stated that what started as an Minutes Regular City Council Meeting January 21, 1997 inquiry about the information contained in the Community Development Department's letter of the 23rd of December, 1996, turned into a costly, time-consuming effort to get to the core of the issue; he visited the Offices of the School Board, City Clerk, City Attorney, Licensing Bureau, Mayor and the City Manager; he spoke to Ms. Burnett who supplied him with a copy of the Tea and Coffee invitation and answered all of his questions; he had transcripts of Council Meetings made, including the audio cassettes from the City Clerk's Office; everything was given to concerned residents, including copies of City letter with Attachment A and invitations to the Tea and Coffee Meeting; he had asked for their opinions and answered any questions they had; if he was not sure of an answer, he attempted to get an answer; 35 residents of Elm Street, Walnut Street, and Buena Vista Avenue voiced their opinions by signing the documents Council received; an additional three [individuals] telephoned stating their opposition to the project; he believes the data contained in the signed documents speaks for itself; and he does not think anyone has to justify their reason(s) for opposing the 1815 Elm Project; and he thinks Council's fiduciary responsibilities are clear on the matter. Councilmember Kerr stated that one of the owners on Elm Street called her today and reported that Elm Street is 90% single-family dwellings and 83% owner-occupied. Mr. Bolton responded that those figures sound about right; most of the people are retired or semi-retired residents, with the exception of one duplex; that all are single-family dwellings; and that one resident has lived in the same house for 70 years. Councilmember Kerr stated that it was reported to Council, in writing by staff, that one neighbor had gone to the Tea at Island High School and was prepared to attend the meeting this evening and speak in support of the project. Mr. Bolton responded that she [the neighbor] wa sin attendance this evening, however, he cannot speak on her behalf; he knows that after attending the Tea, the neighbor voiced her opposition to the project and helped him [Bolton] speak to the neighbors and to acquire signatures on the official document. Boyd McNeill, Elm Street, Alameda reported that his wife and daughter, Mayor Appezzato and Ns. Burnett [California Co-Housing Corporation] attended the Tea; that Ms. Burnett did not provide enough information on whom would run the program, on whom would maintain the property, and whether the girls would be supervised; neighbors are opposed to the program in their neighborhood; it [Elm Street] is not the right place for the program; and he believes Navy housing would be a better place for it. Minutes Regular City Council Meeting January 21, 1997 David Maxcy, Alameda, stated that the project should go ahead without any opposition. Cassie Laffoon, Elm Street, stated that her first knowledge of the Elm Street project was an invitation to the last City Council Meeting, when the matter was on the agenda; and that she is concerned about increased density due to the project. Greg Presco, Elm Street, stated he was concerned about increased parking due to the proposed project; that, in his vicinity, there are currently three houses that have a combined total of 17 cars; and that he also has a problem with the irresponsible young men that are sure to come along. Marty Martinez, Elm Street, stated that Elm Street is 96% single- family dwellings and 83% owner-occupied according to County records; he opposes the project; and he questions why the project could not be placed at the former Navy base site President Appezzato stated that the City does not own the base . . . . property yet; perhaps a project similar to this one could be proposed for the Naval Air Station in three or four years. Reverend Suji Fox, Alameda stated that she can empathize with residents on any street in Alameda who have a new project about to happen in their neighborhood; she would like to remind everyone that we are entering a new millennium and building a new future for ourselves; she has no doubt the community can come up with logistics that will help people make new lives; the real question is what is the spirit of our community and what does our community stand for; and these young women who will find the means to be educated and rear their children are not looking to demean themselves, but looking to create family. Bill Garvine, Alameda, stated that he supports the project; the Superintendent of Schools and School Board support the project; he has been involved with the School Age Parenting and Infant Development Program [SAPID] at Island High School; the young mothers and fathers are not irresponsible; and he urges Council to support the program and related funding. Cynthia Burnett, President, California Co-Housing Corporation [CHC], Oakland, stated that the program offers individuals an opportunity for structure and guided access to educational and employment opportunities that can make a difference in their lives. Ms. Burnett read the following statement from Superintendent of Schools Chaconas: Minutes Regular City Council Meeting January 21, 1997 "Dear Councilmembers, Due to a Board of Education Meeting this evening, I have asked the SAPID staff and CHC to read this statement reiterating my full support for the proposed school aged parent infant development cooperative living project to be located at 1815 Elm Street in the City of Alameda; after careful consideration of this proposal and its merits, 1 strongly encourage a positive vote from the City Council. This project is long overdue. It provides an invaluable opportunity to improve the academic achievement of young adults in Alameda's continuation high school. We all know the tremendous difficulty our young adults face as they attempt to find decent jobs and safe affordable housing. The situation for young single parents is even more distressing. Nonetheless, these are Alameda residents. These are the young adults, not children, who will either contribute to the well being of our communities or become the unproductive members of our City. I am committed to working with the SAPID to ensure that its success is what we all experience, because of the tremendou8 importance that this project will have on deciding the future for the young women who are fortunate enough to participate. I sincerely recommend that the Council take affirmative action toward this project. Sincerely, Dennis K. Chaconas" Jane Hanson, SAPID, Alameda, stated that she will be the project's coordinator of services, and hopes that the Elm Street residents can give the young women the gift of their wonderful neighborhood and family-living situations. In response to Councilmembr Kerr's inquiry, Cynthia Burnett stated that the position of coordinator would be funded by CHC for the first twenty-four months; CHC will be meeting with the School District and others to discuss long-term funding for said position; and a financing condition is that it remain funded. Councilmember Kerr responded that the funding issue is of concern because of the maximum percentage of Block Grant Funds that can be expended on services; and that if one thing [service/project) is added, it takes away from another. Ms. Burnett stated that Block Grant funding was discussed with City staff and the application withdrawn; that the project does not want to compete for dollars provided to other affordable housing projects. In response to Councilmember Kerr's inquiry, Ms. Burnett stated. Minutes Regular City Council Meeting January 21, 1997 4 that CHC helps find federal and local funding sources, in addition to conventional lenders; CHC receives revenue from its technical assistance projects, and that the revenue will fund the first two years of the project. In response to Councilmember Lucas's inquiry, Ms. Burnett stated that the California Co- Housing Corporation incorporated in May, 1996 and is located at 449 - 15th Street, Oakland, that the overall Budget for 1998 is approximately $580,000 and $430,000 for 1997; funding is assured for the next two years, the Corporation works with Associate Members; the SAPID Program must generate enough income to assist in its own support; CHC will only be able to finance the first two years; it is critical to have community support; after the first 10 years, it should be self- supporting; e.g., rental revenue to support project's staff; and there is always an element of fund raising in non - profit work. Councilmember Lucas inquired whether allowances were made for capital improvement expenditures. Ms. Burnett responded that some of the financing conditions- -City of Alameda, Bank of Alameda [Alameda First National Bank], and the Low Income Housing Fund -- include setting aside reserves for replacement -, operating -, and support service staff purposes. President Appezzato stated that the School Board President indicated that the Board would be looking at project funding. Councilmember Daysog inquired whether cash flow analyses had been developed, and whether four residents, versus six residents, was considered. Ms. Burnett responded in the affirmative. Karen Guthrey read a letter from Assistant Pastor Jim Carter, Central Baptist Church, urging the Council to consider the program. Mime Fruehan read a letter from Diane Alexander, SAPID advisory Board, urging the Council to vote in favor of the program. Rosemary Perata, SAPID Advisory Board, stated that SAPID has been working with young women for twenty years; the program is successful; and the Directors and School District have been responsive. Richard Neveln, Oakland, Suggested that a senior couple be placed in the house to add stability. Sue Field, Alameda, stated that SAPID is a good program; that she moved to Elm Street because it is an older residential area, few Minutes Regular City Council Meeting January 21, 1997 4) 0 0 children, and most residents are retired and homeowners; she understands that the first six residents of the program will be Alameda residents; the only program requirement is that the women attend Island High School, or be Island High School graduates; and she believes that the program will be helping the City's neighbors. Tina Kreitz, Alameda Unified School District, Co-Director, SAPID Program, stated that the program will serve any Alameda teen parent or pregnant teen who attends any Alameda public high school or middle school; SAPID has students attending Encinal-, Alameda- and Island High Schools; Island High is not a continuation high school program; the Infant Center is located at Island High School because it had the room; teens in the program are from all types of families and levels of economic stabilities; the six parents and their six children participating in the project would all be paying rent; they need to live together so they can continue to afford to live in Alameda where they grew up; the youngest of these young women is 18, and many of them will be 19 to 22 years of age; the women will be recommended, screened, and monitored jointly by the SAPID staff and California Co-Housing staff; there will be no 24- hour supervision on site, however, there will be constant monitoring; the participants will have strict regulations and work with a case manager; and she urged Council and the community to support the children in their drive to become responsible. In response to Councilmember Kerr, Ms. Kreitz stated that it is her understanding that emancipated minors are looked upon, in the courts, as adults. Councilmember Kerr noted that Ms. Kreitz twice stated that residents would be 18 years of age and older; and that is not what the proposal before Council indicates. Ms. Kreitz stated that emancipated minors were stricken from the proposal and everyone would be 18 years of age and older. Councilmember Kerr commented that it had not been changed in Council's proposal. President Appezzato stated that Councilmember Kerr was correct, and he requested Ms. Kreitz to reaffirm the age requirement. Ms. Kreitz reiterated that the age requirement will be 18 years of age or older. Barbara Guenther, School Board Member, stated that she looks positively upon the proposal; it is important to provide positive support to young people as they develop, and offer critical skills; Minutes Regular City Council Meeting January 21, 1997 and that the School District is looking at redefining the attendance policy to address concern that participants should be Alameda residents [only]. Reverend Larry Schulz, First Congregational Church, stated that the young women, if allowed, would become a part of the neighborhood in a very positive way; he will give his home telephone number to the residents of Elm Street; he would like to be contacted immediately if there is any problem. Jon Schiller, Executive Director, Xanthos, stated that he has been working with the Alameda Youth Collaborative for the past five or six months, which includes youth participation; what he is hearing from the kids is that the adults show no commitment or respect; they do not try to understand what the kids are about or doing; and what we see is a lack of support and commitment, which is sending a very definite message not to these 6 girls, but to the kids throughout the community. Cynthia Ridenour, Alameda, stated that she has owned and managed rental property in the City for over 30 years; she is a member of the Rental Owners of Alameda and on the Board of Directors of the Rental Housing Association of Northern Alameda County; she is speaking on behalf of herself; she is a former Juvenile Probation Officer of Alameda County and a SAPID Board Member since its inception; education is the key to providing a future for all the young people and communities; the young women will b screened thoroughly and only the most responsible will be selected; they will all be of legal adult age; and she sees it as a bridge to the future and an investment in the future. Gail Greely, School Board Member, stated that the proposed project for the young women, along with the support of SAPID, would give them a better chance to succeed; as a Member of the Board of Education, she strongly supports the proposal; she believes that her Board colleges would agree to provide additional resources to make it work; and she urged those who are concerned to meet the young people and hear their stories. In response to Councilmember Kerr, School Board Member Greely stated that at this time she could not commit School District funding; and that there is a parcel tax pending before the Board which would allow for more discretionary funds. Susan McCormack, Alameda requested Council to consider the proposal with hearts, not pocketbooks. Jacqueline Werk, Alameda, stated that Elm Street is one block long; the house in question has no side access and is a single-family Minutes Regular City Council Meeting January 21, 1997 dwelling; the area is crunched for parking space; and she does not want unsupervised young people, additional traffic, and more noise. Shirley Cummins, Alameda, stated that there is nothing wrong with the concept, however, the project should be located near Island High School. Ms. Cummins, also commented on other project - related issues; e.g., the use of, taxpayers' monies parking, etc. Ginny Krutilek, Alameda, stated that the community should take a chance and help 6 young people get ahead. Jack Journeay, Alameda, stated that his family was restructured and rebuilt by SAPID. * * * President Appezzato called a recess at 9:45 p.m. and reconvened the meeting at 9:55 p.m. * * * Councilmember Daysog inquired whether a cost analysis had been done in regards to acquiring funds to offset a rent loss if the number of tenants is reduced to four in the first year. The Interim City Manager responded that staff looked at the issue; approximately $12,900 would be lost in rent and would have to be made up from some other source; rents are $320, $285 and $320 and utilities are at $50.00; for the one year, the loss of income would be $8,400, and the School District believes it can identify a fund source. Councilmember Daysog stated that he was mentioning the matter and pushing the point because of the concern raised regarding the number of people at the Elm Street project; and it is just one of a number of other neighborhood issues which he believes can be dealt with. President Appezzato stated that if Council decides to support the project, there can be conditions placed on the facility; such as three cars maximum and compliance with the noise ordinance. In response to President Appezzato's inquiry, the City Attorney stated that Council has the ability to impose additional conditions with the consent of the person [sponsoring agency]; conditions could be included in the Regulatory Agreement, which is enforced by the Deed of Trust; and the parties could agree that the City can foreclose on the property if conditions are violated. Minutes Regular City Council Meeting January 21, 1997 President Appezzato inquired whether Councilmember Daysog's approach was four permanently; or four the first year, five the second year, and six the third year Councilmember Daysog stated that he would prefer four the first year; hopefully, the School District would make up for the loss of the $8,460; an incentive would be placed on the School District, as the program enters into the second year; in order to qualify for a fifth person, several hurdles regarding neighborhood concerns must have been met; while there could be punitive [enforcement] measure(s), legal agreement(s) or Deed of Trust could be structured; if the terms of the Deed of Trust were violated, on a punitive basis, the loan would come up; another approach, and he hopes approaches go together, is an incentive-based approach; the program starts off with four, as the School District supervises and hurdles are passed, the program can go to 5 and they lower their own financial exposure; the incentive is for them to ensure that the project is neighborhood friendly; and so there is a punitive [enforcement] measure and an incentive-based measure. President Appezzato explained that HOME funds are federal funds and not from the City's General Fund. In response to Councilmember Lucas's inquiry, the Community Development Director stated that there is one off-street parking space at the site. In response to Councilmember Lucas's inquiry regarding the possibility of controlling the number of visitors' cars, the City Attorney responded that there is no legal prohibition on visitors; cars. In response to Councilmember Kerr's inquiry, the Community Development Director stated that the project would accomplish two elements of compliance with the [Guyton] Settlement Agreement: 1) the project would count as one unit toward the ultimate total of 85, and 2) a certain percentage of HOME funds would be used to benefit very low-income people. In response to Councilmember Lucas's inquiry, the Community Development Director stated that income restrictions will state that no one living in that structure can have an income greater than 60% of the median, which is a requirement of HOME funds and in the regulatory agreement of every HOME-funded project. Councilmember Kerr stated that the price appears too high for single-family dwellings in that area; she is concerned that the City is putting up $150,000; she knows that the $150,000 is HOME funding, but the funds are allocated to the City for its use; if Minutes Regular City Council Meeting January 21, 1997 041 Of.,4 the City did not use the funds for that purpose, the funds could be used elsewhere; if the property is sold, the City should structure the agreement so that it is paid back first; the City should have co-title so it can force a sale, because the contract states that California Co-Housing would be the sole owner and able to change the use with the City's permission; that one of the main purposes, as defined in their Articles of Incorporation, is to operate housing for the homeless; and the City is already getting a great influx of housing for the homeless out at the Navy Base. Councilmember Kerr further commented that the Planning Director stated that the unit can be treated as a single family (unit); the answer from the City Attorney was that the Planning Director could name it a single family, however, the City Council could analyze the presented facts and conclude that this group is not a single family unit since the term is not defined in the Alameda Municipal Code; if Council goes ahead and treats this group of six people not as a community care facility, but as a single family---and there are more than six people, there are twelve or more people--Council is setting a precedent, and the next group could come along and very reasonably demand that they be treated as a single family; if groups like this are treated as single families, under the federal and state law, they have a right to occupy single-family dwellings in any neighborhood, including planned-unit, then every single- family dwelling in the City is open for occupation of such a group; each person in the project would pay rent separately, have separate tenancy, and could be evicted separately; that in no way are her comments against SAPID; SAPID sounds like a wonderful program; she is concerned about title going to California Co-Housing Corporation; City Council should not treat this group as a single family, until the Zoning Code is cleaned up; as an interim solution, SAPID should rent a building and run the program on a trial basis; and SAPID should try the program in a R-5 or R-6 neighborhood before purchasing a house. Councilmember Daysog stated that the issue of enforcement is important; that it should be possible to proceed with the project and also to ensure that it will enhance the quality of life in the neighborhood; and, for that reason, he would like to make a motion. President Appezzato stated that if there are different conditions from those in the report, the Applicant must agree to them. Councilmember Daysog moved that Council accept the report with the following conditions or amendments. Minutes Regular City Council Meeting January 21, 1997 First Part. Punitive [Enforcement] Measures. That the following items be placed into the Regulatory Agreement, Deed of Trust and other related documents: a. parking issues: three cars maximum; b. number of individuals in the first year: four. c. issues regarding maintenance of the lawn; and d. items regarding noise., Second Part. a. School District to be invited to make up the difference that is lost [in revenue] as a result of reducing the number of people from six to four in the first years; and b. the addition of one individual [in the second year], based upon criteria raised in the first part [of the motion], e.g., traffic, being met. President Appezzato stated that [there would be] five in the second year, and six in the third year. Councilmember Daysog responded in the affirmative. Councilmember Daysog further commented that maintaining the quality of life could then be enforced and the School District involved in a substantive way. President Appezzato stated that Councilmember Daysog is proposing 3 maximum cars; four, five, and six people-young ladies in the first-, second-, and third year [respectively]; compliance with the Noise Ordinance of the City; and yard maintenance. In response to President Appezzato's inquiry, the Applicant, Cynthia Burnett, stated that the conditions were acceptable. Vice Mayor DeWitt seconded the motion. Under discussion, the Superintendent of Schools stated, as part of the Guyton Settlement Agreement, the District received money for housing, and it believes those monies can be used to supplement the project without impacting the financial stability of the District; and he would like the District's legal counsel to work with the City Attorney on researching the matter. The City Attorney stated that the Elm Street house is not within a redevelopment area; she would try to facilitate the interpretation, or perhaps Legal Aid would consent to a change; however, she must clarify that the project is not in the redevelopment area, and the monies being discussed are redevelopment set-aside funds. President Appezzato stated that assuming the City Attorney is correct, is it fair to go along with the motion by Councilmembr Daysog that somehow we could make up that difference: $8,000 in the first year, and $4,000 in the second year. Minutes Regular City Council Meeting January 21, 1997 Q Superintendent Chaconas stated that he works for the Board of Education and he would need its direction on that decision; and he believes that there are ways of working this out of that housing money. Councilmember Lucas stated that she would not support the motion; the proposal places young women in a house without an adult in attendance; she would like the project in another area, more parking spaces available, and an adult in attendance; she is concerned that California Co-Housing Corporation is a new organization and funding is not assured; and that the SAPID Program, or another Alameda organization, should own the building. Councilmember Kerr stated that she was in agreement with Councilmember Lucas's comments; a responsibility education program for the fathers should be provided in the School District, where they can measure its service in the School District to the School District to make up for the District's child care costs; she does not hear anything in the motion which would assure the City of getting title to the house back, if the project fails; and that she has inquired before whether the City could a.) get co-title, b.) assure of getting the City's $150,000.00 back, and c.) assure of forcing a sale. The City Attorney stated that the agreement is currently structured as a loan; there is a first deed of trust; the document being discussed is a second deed of trust for the balance of the money, which is $150,0900; the Regulatory Agreement is enforced by this deed of trust and the conditions could be included; however, the mechanism for that would be foreclosure; there would need to be some kind of partnership on the title or some type of structure with the entity; there is no legal prohibition; however, since the City is the second deed of trust, the bank would probably need to have joint ownership. Councilmember Daysog stated that there are a lot of changes going on; the most important thing is to maintain whatever quality of life we have and enhance it in whatever way possible; that he is convinced the program offered by SAPID is not going to detract from the quality of life; that he thought it is was important,to create some kind of system which would provide the City with measures to maintain that quality of life the Elm Street residents deserve and worked hard for; the City is moving forward; most of all the City is helping out not just Alameda residents, but Alamedans; and that is a quality of life that should be shared by everyone. President Appezzato stated that he and the Vice Mayor recently attended a Filipino American Community Service Agency dedication of a home located on the 700 block of Lincoln Avenue; a blighted home was refurbished and remodelled with HOME federal funds, County Minutes Regular City Council Meeting January 21, 1997 funds, City funds, and private industry [funds]- -the Alameda First National Bank; the neighbors came up to him and were excited about what had been done to their block and street; in that home there will be families supervised by a non - profit organization in our community; the School Aged Parenting Program has been with the City for some twenty years; they are going to take a step to the next highest level, that of independent living; handicapped children, into neighborhoods; one of the reasons this program is before us is because there are HOME federal funds, about $400,000, that the City is given by the federal government to help our community; if these individuals wanted to buy this house on the open market, they probably could and move in if they were private monies; the City is sanctioning only the loan of the Federal HOME Funds, and indirectly sanctioning the program; the project could probably could go forward without our approval if HOME Funds were not involved; U.S. Conference of Mayors has the Audrey Nelson Community Development Achievement Awards, in honor of a young lady who helped her neighborhood in Chicago; many communities were presented with awards, including Chicago, Illinois;` Corpus Christi, Texas; Leavenworth, Kansas; Colorado Springs, Colorado; San Francisco, California, and Des Moine, Iowas. Alameda has a history of taking care of its own and has a responsibility to try and make a difference. He will be supporting the program, along with Councilmembers Daysog and DeWitt. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Daysog, Vice Mayor DeWitt , and President Appezzato - 3. Noes: Councilmembers Kerr and Lucas - 2. (97 -43) Report from Fire Chief and Police Chief regarding authority for the City to submit a Proposal to the Navy which would authorize the Navy to fund City Caretaker Police and Fire Services at the Alameda Naval Air Station. President Appezzato stated that the item had been pulled from the Agenda. * ** Council recessed at 10:48 p.m. and reconvened at 11:04 p.m. * ** (97 -44) Report from Public Director transmitting request for waiver of Permit Penalty Fee assessed on Building Permit, B95 -1799, 1710 Walnut Street. Following comments by Steven Kenyon, President, A- Taylormade Windows, public speaker Mr. McCormack, and Council discussion, Vice Mayor DeWitt moved approval of the request for waiver of penalty fee assessed on Building Permit, B95 -1799. Minutes Regular City Council Meeting January 21, 1997 Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. (97-45) Report from Public Works Director recommending consideration of East Bay Municipal Utility District's request to extend the time of completion for the Krusi Park Storm Water Storage Project. Councilmember Lucas stated that obviously East Bay Municipal Utility District [EBMUD] has been doing a good job and moved acceptance of the report and recommendation. Vice Mayor DeWitt seconded the motion. Under discussion, and in response to Vice Mayor DeWitt, the Interim City Manager stated that Council should waive the liquidated damages. President Appezzato stated that they [EBMUD] are doing a real nice job, the Park is beginning to look nice. Councilmember Daysog stated that one neighbor did complain, however, it was a complaint more about the work on Otis Drive than Krusi Park. President Appezzato stated that there were a number of complaints, about the inconvenience, noise etc.; however, when the project is finished, it will be ten times better; and the storm drains will protect our water system. On the call for the question, the motion carried by unanimous voice vote - 5. (97-46) Written Communication from Thomas Jordan, Executive Director, Harbor Bay Isle Owners' Association, requesting City's support for a comprehensive landscape renovation project proposed for Veterans Memorial Park. Tom Jordan, Executive Director, Community of Harbor Bay Isle, stated the proposal has three objectives: 1) more compliance with the City and East Bay Municipal Utility District's water conservation policy by reducing the turf, 2) reduce Harbor Bay Isle Owners' Association maintenance costs by approximately $8,000 per year, and create a more formal setting for Veterans to be remembered and 3) promote more use of the bicycle path by reducing the asphalt path; the project cost is approximately $100,000; and support from EBMUD and Caltrans has been received. Minutes Regular City Council Meeting Januay 21, 1997 Charter 400, stated that he met with Mr. Jordan regarding Harbor Bay Isle's redesign; the site will be renamed Veterans Memorial Park; he anticipates dedication on Memorial Day, 1998; the site evolved into a Veterans memorial site by way of a flag pole, the Vietnam Veterans Memorial, the Street name, and annual Memorial Day ceremonies; veteran groups have committed to raising $20,000 and Harbor Bay $10,000.00; while they expect the majority of the money to come from the community, they would like the City of Alameda to commit $10,000 toward the project; and when completed, the site will honor all American Veterans. Tom Jordan stated that Harbor Bay and the Veterans Association of Alameda need formal support of the City Council for a massive community-wide fund raising program. Vice Mayor DeWitt stated that the plans were submitted for Council review, however, this is the first he has heard a request for financial support. The Interim City Manager stated that this is the first time he has heard a number as well; and he recommends that Council accept and support the concept; and that staff report back at a later date on funding or an in-kind contribution. Councilmember Daysog stated there will probably be more discussion on the matter, particularly on City funding and location; and he can envision comments on putting the part at Naval Air Station, Alameda. Councilmember Lucas moved that Council accept the written communication and support the project, with the caveat that a recommendation on funding come back to Council. Vice Mayor DeWitt seconded the motion. Under discussion, Councilmember Kerr stated that she is concerned about the concept that if the bicycle sidewalk is removed, all bicyclists will automatically go over and use the bicycle bridge-- that is unrealistic; however, she will accept the report. President Appezzato requested that the report back to Council include how bicyclists would be effected and how to address matter. Mr. Jordan stated that bicyclists come off the existing asphalt path that parallels Island Drive and onto Veterans Court, proceed up to the corner and make a right turn onto a small wooden bridge under the existing bridge, to pick up the bicycle bridge; if the asphalt path is left in, a perception is left that bicyclists should use the old bridge, when in reality bicyclists should be on the bicycle bridge and pedestrians on the pedestrian bridge; and Minutes Regular City Council Meeting January 21, 1997 that he agrees with Councilmember Kerr that good signage is necessary. Mr. Jordan further stated that they are not necessarily looking at a quick decision; the fact that Council will go on record with formal support allows them to use the City in fund raising programs. On the call for the question, the motion carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON-AGENDA (Public Comment) (97-47) Gary McAfee, Alameda, stated that he is requesting the matter of lawn sprinklers, as addressed by him previously, be placed on the next Council Meeting's agenda. Mr. McAfee demonstrated a timer box that does not require a plug and only takes less than an amp; he further stated that he is asking that contractors be trusted to hook the timer box wires to a circuit breaker without an inspection; and also that the $75 plumbing fee and inspection would be unnecessary, because of standardized parts and installation procedures. The Interim City Manager stated that the matter has been discussed, and staff needs 30 days to evaluate it more carefully. (97-48) Ray Bolton, Alameda, stated that he is glad Councilmember Daysog limited the [Elm Street] home to four persons; he assumes that means two mothers and their children; he hopes that is the way it was written, because that is what was stated; the City Attorney is shaking her head no; and he questioned how violations would be enforced. (97-49) Don Roberts, Alameda, stated that last year the Superintendent of Schools came before Council; that one of the pitches made to get a $25,000 unsecured and interest-free loan, was that the District would be producing big musical shows at the Kofman Auditorium; what came up was the production of the Fantastiks; the result has been that the Little Theater has not been available to Council and citizens, nor has live telecasting of the Council Meetings from the Little Theater; that the citizens of Alameda have been prevented from benefiting from the thousands of dollars spent for television equipment at the Little Theater; the programs produced in the School Cafeteria are atrocious; and that device is just another way to further make this process somewhat secret from the citizens, and it is not his idea of openness in City government. Minutes Regular City Council Meeting January 21, 1997 (97 -50) Boyd McNeill, Alameda, stated that Council is not listening to the will of the people but to the will of an outsider; if CHC makes any mistakes, the neighbors will be on them; he is not against the SAPID Program, he is opposed to the way the program will be run and by whom. (07 -51) Andrew McCormack, Alameda, stated that the matter of a one year building permit will become a problem; it is hurting the homeowner. COUNCIL COMMUNICATIONS (Communications from Council) (97 -52) Consideration of Mayor's nomination for appointment to Community -At -Large Member, Economic Development Commission. (Partial term) President Appezzato nominated Pattianne Parker. (97 -53) President Appezzato stated that he has no problem supporting the Harbor Bay Ferry; he will support it; the difficulty of course is coming up with the funds; there is a lot of interest at Harbor Bay, especially from the ferry boat riders and now from the Associations, in keeping the ferry boat running; he will reiterate to the Interim City Manager that we need to come to this Council with a staff report starting out with the history of the Harbor Bay Ferry, how it came to be and how the five one -half years came to be, how we got the additional two- and one- half -year extension; he presumes that staff is now submitting requests and preparing requests for subsidies from the County, the State and the federal government; that most of Council will support it, if not all; the question is finding the funds to make it work; when the report comes to Council, he would like an update on whom staff has contacted, the status, and if anyone has agreed to fund the Ferry- - stating whether capital funding and operational funding; he would like staff to initiate negotiations with Harbor Bay, in that package, there will need to be a discussion of all potential avenues and opportunities to raise funds, including the possibility of the community voting on a revenue measure: what would be the benefits of a Special Assessment Tax District just for Harbor Bay or for the whole community? benefits of a Parcel Tax ?; he knows of no resources in the City Treasury to fund the Harbor Bay Ferry in the amount of money that is required, which he believes to be $1.2 Million per year; there should be a public hearing long before September 30th; and he will be discussing the matter this week with Assemblyman Don Perata and State Senator Barbara Lee. Minutes Regular City Council Meeting January 21, 1997 (97 -54) Councilmember Kerr stated that if staff could get back to the Council, off agenda, regarding the lease with the School District and the use of the Little Theater; she does not know if the City has any priority rights to the use of the Theater; the use of the School Cafeteria for Council Meetings discourages people from coming down and joining in the public process; the tapes are of poor quality; the past Council voted on a considerable amount of money to broadcast live from the Little Theater. Furthermore, the City has the parking lot behind the temporary City Hall; public parking spaces are gone by 2:30 p.m., because the School population piles in to go to the pool; again public access is discouraged; that she is not thrilled about the skate boarders either, and tired of seeing them slam into the cars; and the basic question is what right does the City have under our rental agreement with our landlord to use the Little Theater - -for both the Council Meetings and the Planning Board Meetings. (97 -55) Councilmember Lucas stated that she would like the status on the Alaska Gas Station located at Central and Encinal Avenues; that the neighbors have complained it is a hazard and an attractive nuisance for children. (97 -56) Councilmember Lucas stated that she understands UCSF is holding Hearings on choosing a campus; Alameda is still one of three campuses being considered; Alameda offers more space than anyone else; and she would like to know what the City is doing to put in our support of the proposal for Alameda. (07 -57) Councilmember Lucas stated that she encourages the new Councilmembers to attend the California Redevelopment Association Seminars in March. (97 -58) Councilmember Lucas stated that she has concern regarding the Elm Street project, as raised by Councilmember Kerr; that there will be six independent people renting a single- family house; that normally when a single- family house is rented and you want to evict the tenant(s), you evict them all at once; in this case, you would only be evicting one of six people; it is, not the normal situation of a single household; the economic communal unit will not exist as it does normally for the single - family situation; and she believes Ms. Kerr raised a very valid question: Would people be able to buy or rent any large single- family home and open it as a boarding house ?; the City Attorney needs to come up with some proposals for the family economic unit; in the Elm Street project, we are talking really of six units receiving independent incomes and having independent budgets; those six units will not pool their funds, as a commune or a single family does; and so she would like to some definition of that. Minutes Regular City Council Meeting January 21, 1997 ADJOURNMENT There being no further business before the City Council, President Appezzato adjourned the Council Meeting at 11:55 p.m. * * * R pectfully sbxnied, DI NE B. FE SCH, CMC City Clerk The agenda for this meeting was posted in advance in accordance with the Brown Act. Minutes Regular City Council Meeting January 21, 1997