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2002-06-18 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - JUNE 18, 2002 - - 7:30 P.M. Vice Mayor DeWitt convened the Regular Meeting at 7:34 p.m. ROLL CALL - Present: Councilmembers Daysog, DeWitt, Johnson and Kerr - 4. Absent: Mayor Appezzato - 1. AGENDA CHANGES (02 -260) Councilmember Daysog requested that Council Communications on General Directions on Bus Zones, Red Curbs and Access [paragraph no. 02 -2821 be heard first on the Agenda. Councilmember Kerr stated Council Communications are not action items and said item should remain under Council Communications. Councilmember Johnson stated the Agenda should remain in order. Vice Mayor DeWitt concurred with Councilmembers Kerr and Johnson to consider items on the agenda in correct order. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (02 -261) Proclamation recognizing the Gay and Lesbian Community of the City of Alameda. Vice Mayor DeWitt read the proclamation and presented it to Morten Wellhaven, Out On The Island, Debra Arbuckle, A.L.P.S., and Christina Chen, High School Gay /Lesbian Straight Alliance. Karen Boutilier, Alameda, thanked Council for the Proclamation. (02 -262) Presentation on the City of Alameda Performance Measurement Program. The City Manager gave a brief Power Point presentation on the Performance Measurement Program. Councilmember Daysog stated Performance Measurement is an exciting opportunity to improve government and accountability; the Performance Measurement Program is outcome driven; requested each department to focus on the top seven variables, which is cost efficient. CONSENT CALENDAR Regular Meeting Alameda City Council 1 June 18, 2002 Vice Mayor DeWitt announced that the Minutes [paragraph no. 02- 263], the Recommendation to authorize the Mayor to send letters to State Senator Perata and Assemblymember Chan [paragraph no. 02- 264], the recommendation regarding Rent Increases and Maintenance Concerns at Harbor Island Apartments [paragraph no. 02 -266], and the Resolution Amending Resolution 11268 [paragraph no. 02 -269] were removed from the Consent Calendar for discussion. Councilmember Johnson moved approval of the remainder of the Consent Calendar. Councilmember Daysog seconded the motion, which carried by unanimous vote - 4. [Absent: Mayor Appezzato - 1.] [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (02 -263) Minutes of the Special City Council Meeting held on April 20, 2002 and the Regular City Council Meeting held on June 4, 2002. Councilmember Kerr inquired whether the Resolution denying the appeal was included in the approval of the April 20th minutes, to which the City Attorney responded in the negative. Councilmember Kerr inquired whether amplified noise was included in the Resolution to which the City Attorney responded in the affirmative. Councilmember Kerr stated the appeal was heard at a Special Meeting on Saturday April 20th and the conditions of the denial were formalized after the April 20th meeting. Councilmember Johnson moved approval of the minutes. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 4. [Absent: Mayor Appezzato - 1.] (02 -264) Recommendation to authorize the Mayor to send letters to State Senator Perata and Assemblymember Chan in Opposition to Assembly Bill 1866 - Housing: Density Bonuses and Assembly Bill 2292 - General Plans. William Smith, Alameda, stated Assembly Bill 1866 and 2292 are the finest bills addressing land use planning; expressed his disappointment that Council is considering sending a letter opposing the bills; stated the bills are strongly supported by Senator Perata; urged Council to reconsider sending letters. Regular Meeting Alameda City Council 2 June 18, 2002 Councilmember Kerr stated the League Of California Cities (LOCO) opposes both bills; AB2292 affects residential densities and the submission of general plans; the LOCO opposes the two bills because they take away cities' flexibility to handle land use; the bills take away the cities' ability to zone and decide what land use is appropriate. Councilmember Daysog stated AB2292 and AB1866 seek to preempt local authority over land use and housing planning; the legislation is in response to frustration in communities that are not providing housing; that he would abstain from voting on the matter. Vice Mayor DeWitt stated AB 1866 and AB2292 will transfer land use authority to the State of California; citizens of Alameda would not want zoning and land transfer decisions made by the State of California. Councilmember Kerr moved approval of the staff recommendation. Councilmember Kerr noted Alameda is one of the top cities to satisfy housing needs in the Bay Area. Councilmember Johnson stated many cities are not providing housing; the State should target cities that are not doing their part; that she does not support taking land use authority away from local government and transferring it to the State. Councilmember Johnson seconded the motion, which carried by the following voice vote. Ayes: Councilmembers Dewitt, Johnson and Kerr - 3. Abstentions: Councilmember Daysog - 1. [Absent: Mayor Appezzato - 1.1 ( *02 -265) Recommendation to award contract for Legal Advertising for Fiscal Year 2002 -03. Accepted. (02 -266) Recommendation regarding Rent Increases and Maintenance Concerns at Harbor Island Apartments. Robin Jones, Alameda, stated that in the last five to six years, maintenance requests at Harbor Island Apartments have not been addressed and proper repairs have not been made. Steven Edrington, Rental Housing Associates of Northern Alameda County, stated the Rental Housing Association supports the Rent Review Advisory Committee (RRAC) and is committed to the community; encouraged all rental property owners to work with tenants and the RRAC; offered to help find other residences for Harbor Island Regular Meeting Alameda City Council 3 June 18, 2002 tenants. Councilmember Kerr requested Mr. Edrington to provide his business card to the City Clerk. Bill Smith, Alameda, discussed habitable housing in Alameda. Vice Mayor DeWitt stated the City of Alameda is working with the Harbor Island Apartment managers and owners. The City Manager stated the City of Alameda has an interdepartmental team that has been working with the property owners of the Harbor Island Apartments; Council will be updated on the progress. Councilmember Daysog stated that progress has been made between residents and property owners; the rental organization in Oakland should assist with progress. Councilmember Kerr stated that the Harbor Island Apartment building is the biggest complex in Alameda; the apartment building has been a problem ever since it went from subsidized loan to a market rate loan; the owners and management firm are located out of town; encouraged renters to contact Mr. Edrington. Councilmember Johnson moved approval of the staff recommendation. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 4. [Absent: Mayor Appezzato - 1.] ( *02 -267) Resolution Nc by Amending Paragraph Disclosure Positions Resolution No. 13342." . 13470, "Amending Conflict of Interest Code Two of Resolution No. 9460 Relative to and Disclosure Categories and Rescinding Adopted. ( *02 -268) Resolution No. 13471, "Authorizing the City Manager to Enter into Master Funding Agreements with the Alameda County Transportation Improvement Authority to Receive Programmatic Pass - Through Funds from Measure B 2000 for Fiscal Years 2002 - 2012." Adopted. (02 -269) Resolution No 13472, "Amending Resolution 11268 and Establishing Rules, Regulations, and Standards for Installation of Aboveground Equipment and Enclosures within the Public Right -of -way in Underground Districts for all Utility Distribution Systems." Adopted. Councilmember Johnson thanked the Public Works Administrative Regular Meeting Alameda City Council 4 June 18, 2002 Management Analyst, Public Works staff and the City Attorney's office for their hard work and assistance on the matter. Councilmember Johnson moved adoption of the resolution. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 4. [Absent: Mayor Appezzato - 1.] ( *02 -270) Resolution No. 13473, "Authorizing an Advance Under the Cooperation Agreement Between the City of Alameda and the Community Improvement Commission." Adopted. ( *02 -271) Introduction of Ordinance Amending the Alameda Municipal Code by Amending Subsection 27- 3.5(d) (Citywide Development Fee Established) of Section 27 -3 (Citywide Development Fees), of Chapter XXVII (Development Fees) Amending the Citywide Development Fees." Introduced. ( *02 -271A) Resolution No 13474, "Revising the Citywide Development Impact Fee Schedule for the Construction of Capital Facilities within the City of Alameda." Adopted. ( *02 -272) Introduction of Ordinance Granting Conditional Consent for a Proposed Merger of Comcast Corporation and AT &T Corporation, Parent of the Cable Television Franchise Holder, United Cable Television of Alameda. Introduced. ( *02 -273) Ratified bills in the amount of $ 3,281,505.33. REGULAR AGENDA ITEMS (02 -274) Public Hearing to consider Resolution No. 13475, "Ordering the Formation of a Maintenance Assessment District and Confirming the Diagram and Assessment, City of Alameda Maintenance Assessment District 01 -Ol." (Marina Cove) Adopted. Vice Mayor DeWitt stated the City Council is considering the formation of a Maintenance Assessment District for the new Marina Cove development; the Assessment District will provide for enhanced services to this development and is a requirement of the development agreement; before approving the formation and annual levy of assessment, the law requires that a public hearing be held. The hearing is to take public comment on the formation of the District and the proposed assessment for the 2002 and 2003 tax year. Vice Mayor DeWitt opened the public hearing. Regular Meeting Alameda City Council 5 June 18, 2002 There being no speakers, Vice Mayor DeWitt closed the public portion of the hearing. Vice Mayor DeWitt stated all ballots must be turned into the City Clerk at this time and the staff will tally the ballots and report to the Council. The Public Works Administrative Management Analyst stated there are seven properties within the proposed new assessment district; seven ballots were sent out prior to the meeting and seven ballots were received in response; all of the seven ballots were in favor of the district and the assessment of taxes. Councilmember Johnson moved adoption of the resolution. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 4. [Absent: Mayor Appezzato - 1.] (02 -275) Resolution No. 13476, "Submitting to Initiative Ordinance Entitled "Measure to Amend and Zoning Classification of Certain Lands Bound Business Park, Constitution Way and Sherman Consolidated General Municipal Election to be He Alameda on Tuesday, November 5, 2002." Adopted. the Electors an the General Plan by Marina Village Street" at the ld in the City of Councilmember Kerr stated that she would recuse herself due to owning property close to the Beltline. Councilmember Johnson moved adoption of the resolution. Councilmember Daysog seconded the motion, which carried by the following voice vote. Ayes: Councilmembers Daysog, DeWitt and Johnson - 3. Abstentions: Councilmember Kerr - 1. [Absent: Mayor Appezzato - 1.1 (02 -276) Resolution No. 13477, "Submitting to the Electors an Ordinance Entitled "Alameda Beltline Railroad Yard Open Space Fiscal Responsibility Initiative" at the Consolidated General Municipal Election to be Held in the City of Alameda on Tuesday, November 5, 2002." Adopted. Councilmember Kerr stated that she would recuse herself due to owning property close to the Beltline. Councilmember Johnson moved adoption of the resolution. Councilmember Daysog seconded the motion, which carried by the following voice vote. Ayes: Councilmembers Daysog, DeWitt and Regular Meeting Alameda City Council 6 June 18, 2002 Johnson - 3. Abstentions: Councilmember Kerr - 1. [Absent: Mayor Appezzato - 1.1 (02 -277) Resolution No 13478, "Calling for a General Municipal Election to be Consolidated with the Statewide General Election, to be held in the City of Alameda on Tuesday, November 5, 2002 and Requesting the Alameda County Board of Supervisors to Permit the County Clerk /Registrar of Voters to Render Specified Services to the City Relating to the Conduct of the Said Election." Adopted. Councilmember Kerr stated that she would recuse herself due to owning property close to the Beltline. Councilmember Daysog moved adoption of the resolution. Councilmember Johnson seconded the motion, which carried by the following voice vote. Ayes: Councilmembers Daysog, DeWitt and Johnson - 3. Abstentions: Councilmember Kerr - 1. [Absent: Mayor Appezzato - 1.1 ORAL COMMUNICATIONS, NON- AGENDA (02 -278) James Silva, Silva Book Company, requested Council to review the book store's proposal submitted to the Economic Development Committee (EDC) to renovate and take over the former Home Savings building and lease; requested Council to urge the EDC to accelerate the review of proposals; requested that Council place the matter on the July 2nd Council agenda; submitted information packets to Council. Councilmember Kerr stated Silva Book Store is on a month -to -month lease; the book store's existence is in question; stated that she supports the book store; requested the matter be placed on the July 2nd City Council Agenda as an action item; requested Council and the EDC to expedite the decision. Vice Mayor DeWitt stated that Council cannot take action on an item under Oral Communications. The City Manager stated action cannot be taken tonight; staff must review financial aspects of the proposal to ensure the project is viable and conforms with the Downtown Vision Plan; obviating or circumventing normal process may not be wise; an off - agenda report will be prepared and staff will be directed to accelerate the review process; the matter will be considered by the EDC at the earliest possible time for the EDC to make a recommendation to the City Council. Regular Meeting Alameda City Council 7 June 18, 2002 Councilmember Kerr stated the application by Silva Books was made over six weeks ago. Councilmember Johnson stated expediting the financial analysis and submitting the proposal to the EDC is important; timing can have a substantial impact on how well the bookstore does the first year. (02 -279) Robb Ratto, Park Street Business Association (PSBR), stated PSBR supports the Silva Book Store proposal; requested Council to review the proposal before the July 18th EDC meeting; further requested the item be placed on the July 18th EDC agenda. Councilmember Kerr inquired whether the location has venting difficulties. Mr. Ratto responded that a restaurant could not take over the space because of inadequate ventilation. (02 -280) Bill Smith, Alameda, discussed the community of Alameda and earthquakes. (02 -281) Jon Spangler, Alameda, stated that he supports the Silva Book Store proposal; the EDC should support home -grown businesses; requested that the EDC accelerate the proposal process. Councilmember Kerr inquired whether a Special Council Meeting could be held on the matter, to which the City Manager responded in the affirmative. Councilmember Johnson requested a Special Meeting of the Economic Development Commission (EDC) be held prior to the July 18th Regular EDC meeting, if possible; then, a Special City Council Meeting should be scheduled after the Special EDC Meeting. The City Manager stated an off - agenda report would be provided to Council by the end of the week, including analysis of the proposal and when the request could move forward. The City Attorney noted any Council direction would have to be memorialized in a lease. Councilmember Kerr concurred with Councilmember Johnson's request for a Special EDC Meeting; requested the matter return to Council by July 16th Councilmember Daysog requested staff to clarify the financial analysis of Mr. Silva's proposal. Regular Meeting Alameda City Council 8 June 18, 2002 COUNCIL COMMUNICATIONS (02 -282) Council Communications on General Directions on Bus Zones, Red Curbs and Access. Charlie Betcher, United Seniors & Bus Riders Union, stated seniors have difficulty accessing busses; bus stops are inadequate; requested Council take action. Julian Frederick, Alameda, stated transportation and bus stop issues merit expediting; a good transportation system is essential for the City of Alameda; urged Council to act. Steve Gerstle, Alameda, requested Council direct the City Manger to develop a plan to provide unobstructed curbside access at all bus stops in the City of Alameda; obstructed curbside access is an obstacle to all citizens. Councilmember Daysog suggested the City Manager work with Transportation Commission on the matter. Steve Gerstle stated the City Council should be clear on the goal and policy when directing the Transportation Commission. Rob Ratto, PSBR, stated the Park Street Streetscape process addresses the issue; there is already a plan to go forward with bulb -outs; PSBR would like the City to develop a comprehensive plan and funding plan by 2005. William Smith spoke on behalf of Hale Zukas, Alameda, expressed concern for wheelchair access; stated low floor busses are the wave of the future; suggest one or two parking spaces be removed. Anthony Rodgers, Amalgamated Transit Union (ATU) Local 192, stated the ATU supports the citizens' efforts to improve coach stops; not all stops are fully accessible to all passengers; urged the City of Alameda to work with the community and AC transit to bring the stops in compliance with the needs of the citizens and the requirements of the Americans with Disabilities Act. William Smith, Alameda, stated some bus services have improved; bus stops need to be improved along all bus lines; urged Council to work with AC Transit. Michael John Torrey, Alameda, stated parked cars and trucks block access to busses; requested cars parked at bus stops be cited. Jon Spangler, Alameda Transit Advocates, stated the City of Alameda Regular Meeting Alameda City Council 9 June 18, 2002 bus stops do not meet AC Transit minimum standards from 1983; all bus stops need to be in compliance. Steve Geller, Bus Riders Union, stated that he supports advocates and bus riders; Alameda needs to provide enough space for busses. Michael Krueger, Alameda Transit Advocates, stated Transit Advocates are excited about the plans for Park Street; other streets need only minor improvements; requested Council set a policy direction; stated all bus stops in Alameda should have unobstructed curbside access. Councilmember Daysog inquired about whether all bus routes need to accommodate the new low floor busses, to which Mr. Krueger responded in the affirmative. Audrey Lord - Hausman, Alameda, requested Council to support and approve reconfiguring bus routes to accommodate the new low floor busses; stated physically limited residents deserve compassion and support. Gerald Bryant, Alameda, stated transit issues in West Alameda need to be addressed; transit systems work; citizens rely on public transportation. Yvonne Williams, Amalgamated Transit Union, stated that as a bus driver, she has received numerous complaints from passengers about inaccessible bus stops; inaccessible bus stops are a safety hazard. John Knox - White, Alameda, stated that he is concerned for children boarding busses which stop in the middle of the street. Naomi Griffin, Mayor's Committee on Disability Issues, stated rear doors of busses are blocked by cars; the Mayor's Committee on Disability Issues has expressed concern to the Mayor. Richard Neveln, Alameda, stated the Council should support its resolution to become a transit first City; AC Transit has been operating low floor buses on the 72 line. Bill Smith, Alameda, discussed bus ridership. Peter Lenhardt, Alameda, stated Alameda is a Transit First City; AC Transit minimum standards have been in effect for two decades; transit changes are overdue; the City needs to provide equal access to citizens. Ed Cooney, Mayor's Committee on Disability Issues, stated that he Regular Meeting Alameda City Council 10 June 18, 2002 is uncertain about the City's sense of urgency and level of interest in the matter; the needs of the business community, disabled community and senior citizens community should be considered. Councilmember Daysog moved approval of directing the City Manager, working in collaboration with the Transportation Commission, to develop a plan to provide unobstructed curbside access at all bus stops in the City of Alameda, to be fully implemented no later than January 2005. The City Attorney stated voting constraints are set forth by the agenda title; Council can only provide general direction. Councilmember Daysog stated Council is directing the City Manager to work in collaboration with the Transportation Commission to develop an action plan. Councilmember Johnson seconded the motion. Under discussion Councilmember Johnson stated the City, along with the assistance of the Public Transit Committee and a consultant, adopted a plan for bus stops on Santa Clara Avenue, Park Street and Webster Street with no opposition. Vice Mayor DeWitt stated the Council would like to make a policy direction. Councilmember Kerr stated fewer bus stops will make bus stops further apart; requested staff clarify if curbs are needed in order to use a low floor bus; requested staff report on how much money the City pays AC Transit every year. On the call for the question, the motion carried by unanimous voice vote - 4. [Absent: Mayor Appezzato - 1.] (02 -283) Consideration of the Mayor's nominations (11) for appointment to the Transportation Commission. On behalf of Mayor Appezzato, Vice Mayor DeWitt nominated Shirley Clem, John Knox - White, Michael J. Krueger, Robert L. McFarland, Pattianne Parker, Robert S. Ratto, Eric B. Schatmeier, Jon M. Spangler for appointment to the Transportation Commission and two ex- officio members, Carol Allen Ward, BART, and Alice Creason, AC Transit. (02 -284) Consideration of Mayor's nominations (2) for appointment to the Civil Service Board. Regular Meeting Alameda City Council 1 1 June 18, 2002 On behalf of Mayor Appezzato, Vice Mayor DeWitt nominated Roberto A. Rocha and William J. Smith for appointment to the Civil Service Board. (02 -285) Consideration of Mayor's nomination for appointment to the Economic Development Commission. On behalf of Mayor Appezzato, Vice Mayor DeWitt nominated Robert B. Hessler, Retail Commercial Seat, for appointment to the Economic Development Commission. (02 -286) Consideration of Mayor's nominations (2) for appointment to the Historical Advisory Board. On behalf of Mayor Appezzato, Vice Mayor DeWitt nominated Randall S. Miller, Member at Large Seat, for appointment and Benjamin D. Tilos, Contractor Seat, for reappointment to the Historical Advisory Board. (02 -287) Consideration of Mayor's nomination for appointment to the Housing and Building Code Hearing and Appeals Board. On behalf of Mayor Appezzato, Vice Mayor DeWitt announced he would hold over his nomination for the Housing and Building Code Hearing and Appeals Board. (02 -288) Consideration of Mayor's nominations (3) for appointment to the Housing Commission. On behalf of Mayor Appezzato, Vice Mayor DeWitt nominated Michael J. Torrey, Tenant Seat, for reappointment, and Billie Trujillo, Member -at -Large for appointment to the Housing Commission. (02 -289) Consideration of Mayor's nomination for appointment to the Library Board. On behalf of Mayor Appezzato, Vice Mayor DeWitt nominated Karen Butter for reappointment to the Library Board. (02 -290) Consideration of Mayor's nominations (2) for appointment to the Planning Board. On behalf of Mayor Appezzato, Vice Mayor DeWitt nominated Andrew J. Cunningham and Frank Mataresse for reappointment to the Planning Board. (02 -291) Consideration of Mayor's nomination for appointment to the Regular Meeting Alameda City Council 12 June 18, 2002 Public Utilities Board. On behalf of Mayor Appezzato, Vice Mayor DeWitt nominated Ann L. McCormick, Engineer Seat, for reappointment to the Public Utilities Board. (02 -292) Consideration of Mayor's nomination for appointment to the Social Service Human Relations Board. On behalf of Mayor Appezzato, Vice Mayor DeWitt nominated Stephanie J. Meyers -Umoja for appointment to the Social Service Human Relations Board. ADJOURNMENT There being no further business, Vice Mayor DeWitt adjourned the Regular Meeting at 10:02 p.m. Respectfully Submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council 13 June 18, 2002