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2003-02-04 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - FEBRUARY 4, 2003 - - 7:30 P.M. Mayor Johnson convened the Regular Meeting at 7:43 p.m. ROLL CALL - Present: Councilmembers Daysog, Matarrese, and Mayor Johnson - 3. Absent: Councilmembers DeWitt and Kerr - 2. AGENDA CHANGES (03 -033) Mayor Johnson announced that the Resolution Authorizing Open Market Purchase of Thirty (30) Police Department Mobile Data Terminals (MDT's) from DATA 911 [paragraph no. 03 -042] would be held over to February 18,2003 as the item requires four affirmative votes. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (03 -034) Announcement by Fire Chief about testing of Alert and Warning System. The Fire Chief announced that on Wednesday, February 5, 2003 at 12:00 p.m., the City would start testing the Alert and Warning Siren System and continue testing the first Wednesday of every month; the purpose of the Siren System is to create a vehicle to notify the community of important information regarding public safety; the public can also tune in to 1280 AM, cable channel 15 or Alameda's web page for information; the message is to "Shelter, Shut and Listen;" the system will notify citizens of large incidents, disasters, and earthquakes; the Alert and Warning System is part of the overall Community Preparedness Strategy; five sirens will be tested at the same time, two on Bay Farm and three on the main island. Mayor Johnson stated the community is well informed on the siren testing. (03 -035) Briefing by Library Director and Chair of the Library Building Team. The Library Director and Library Building Team gave a Power Point Presentation. Mayor Johnson inquired whether the Construction Manager Contract is separate from the Construction Contract, to which the Library Director responded in the affirmative. Regular Meeting 1 Alameda City Council February 4, 2003 Mayor Johnson inquired whether Council could be provided the architectural drawing, to which the Library Director responded in the affirmative. Mayor Johnson inquired whether the main entrance to the Library is on Oak Street, to which the Library Director responded in the affirmative. Mayor Johnson inquired whether the main entrance is wheelchair accessible, to which the Library Director responded in the affirmative; further stated the main entrance would be clearly marked and disabled parking would be provided at the front entrance. Vice Mayor Daysog stated the City is building something that reflects the hi -tech, hi -touch sensitivity of our City; stated the Library is designed by someone with a feel for the community; thanked the Library Director and Library Building Team for the presentation. Councilmember Matarrese stated building the new library involves the mixture of technical and public work; thanked staff, private citizens, and volunteers on the Library Building Team; stated the new library is being built with tax dollars; requested staff to schedule regular briefings to monitor progress and remove roadblocks. Mayor Johnson stated briefings are scheduled for the first Council meeting of every month. CONSENT CALENDAR Mayor Johnson announced that the recommendation to authorize the City Manager to execute a Contract with Club One Pro Services, Inc. for $99,715 to implement a Wellness /Fitness Program for the members of the Alameda Fire Department [paragraph no.03 -037] was removed from the Consent Calendar for discussion. Councilmember Matarrese moved approval of the remainder of the Consent Calendar. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 3. [Absent: Councilmembers DeWitt and Kerr - 2.] [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] Regular Meeting 2 Alameda City Council February 4, 2003 ( *03 -036) Minutes of the Special and Regular City Council Meetings held on January 21, 2003 and the Special City Council Meeting held on January 28, 2003. Approved. (03 -037) Recommendation to authorize the City Manager to execute a Contract with Club One Pro Services, Inc. for $99,715 to implement a Wellness/ Fitness Program for the members of the Alameda Fire Department. Accepted. Vice Mayor Daysog inquired whether Club One Pro Services, Inc. is located in downtown Oakland; and whether local organizations were considered for the Contract. The Fire Chief responded three local health agencies were solicited for the Wellness /Fitness Program and all three agencies declined. Vice Mayor Daysog stated Federal sources fund a majority of the fitness program. Mayor Johnson stated grant money funds seventy five percent of the program. Vice Mayor Daysog moved approval of the staff recommendation. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 3. [Absent: Councilmembers DeWitt and Kerr - 2.] ( *03 -038) Recommendation to award contract in the Amount of $406,044 to Gallagher and Burke, Inc. for Repair and Resurfacing of Certain Streets, Phase 23. P.W. No. 08- 02 -10. Accepted. ( *03 -039) Recommendation to adopt Plans and Specifications and authorize Call for Bids for Alameda Point Water System Upgrades Phase IA. Accepted. ( *03 -040) Resolution N Employees Association Salary for the Position o. 13553, "Amending the Alameda City (ACEA) Salary Schedule by Establishing a of Marketing Assistant." Adopted. ( *03 -041) Resolution No. 13554, "Consenting to and Calling a Joint Public Hearing on the Proposed Amendments to the Community Improvement Plans for the Alameda Project, Business and Waterfront and West End Community Improvement Projects and the Mitigated Negative Declaration Relating Thereto." Adopted. ( *03 -042) Adoption of Resolution Authorizing Open Market Purchase Regular Meeting 3 Alameda City Council February 4, 2003 of Thirty (30) Police Department Mobile Data Terminals (MDT's) from DATA 911 Pursuant to Section 3 -15 of the City Charter. Held Over. ( *03 -043) Introduction of Ordinance Approving Necessary Easements for Naval Air Station (NAS) Alameda Replacement Wastewater Interceptor System Project. Introduced. ( *03 -044) Ratified bills in the amount of 1,465,302,89. REGULAR AGENDA ITEMS (03 -045) Public Hearing to consider a Call for Review of the Historical Advisory Board's Decision to not include 1423 Morton Street on the Historical Building Study List (CA02- 0015). The site is located within the R -4, Neighborhood Residential Zoning District. Applicant: David Baker /Architectural Preservation Society. (03 -345A) Resolution No. 13555, "Approving the request to Place 1423 Morton Street on the Historical Building Study List, CA02- 0015." Adopted. The Project Planner and Supervising Planner gave a brief oral report. Mayor Johnson opened the Public Hearing. Opponents (Opposed to Appeal): Paula Friman, Alameda; Donny Chu, Alameda; George Ong, Alameda. Proponents (In favor of Appeal): Don Patterson, Alameda; Craig Merrill, Alameda; Randy Horton, Alameda; David Baker, Alameda; Scott Brady, Historical Advisory Board; Betsy Mathieson, Alameda; Ken Gutleben, Alameda; Nancy Gordon, Alameda; (submitted a letter to Council) Janet Gibson, Alameda; Mary Jaca, Alameda; Virginia Bergstrom, Alameda; Christopher Buckley, Alameda Architectural Preservation Society (submitted a letter to Council). There being no further speakers, Mayor Johnson closed the public Regular Meeting 4 Alameda City Council February 4, 2003 portion of the hearing. Mayor Johnson stated that unless a structure is on the Historical Building Study List, an over - the - counter demolition permit can be obtained; the Historical Advisory Board (HAB) is reviewing the matter for recommendations to Council; the question is whether 1423 Morton Street should be added to the Historical Building Study List and be subject to the review process, not whether the structure should be demolished; historic structures are very important in Alameda; property owners should not be permitted to demolish a property due to neglect; requested staff to review ordinances, which deal with property maintenance and blight issues. Vice Mayor Daysog stated that he concurs with Mayor Johnson regarding over - the - counter demolition permits; requested that all planning applications include the statement "all actions are subject to appeal with final authority resting with Council;" questioned whether 1423 Morton Street merits being placed on the Historical Building Study List or whether the question was raised too late; stated that he has concerns about Council setting a dangerous precedence for historically significant properties if the Appeal is rejected; stated that he supports the Appeal. Councilmember Matarrese stated the process of acquiring an over - the- counter demolition permit should be metered whether the property is on the Historical Building Study List or not; stated he has concerns about the lack of clarity on how to evaluate the criteria for whether a property is historical or not; suggested that the Historical Advisory Board and staff members be advised on how to tighten up the criteria so that everyone is clear about what properties qualify for the list; that he has concerns about the notion that any property more than 50 years old should be considered for the list; property owners maintaining blighted conditions is a separate and distinct issue; suggested the Municipal Code be enforced regarding neglected properties; stated the City needs a good process that meters the demolition of Victorian houses or structures; that he supports Mayor Johnson's recommendations. The City Attorney stated staff provided a resolution with sufficient findings to approve the request and overturn the decision of the Historical Advisory Board; further stated a vote of three members is required to overturn a vote of any board. Vice Mayor Daysog moved adoption of the resolution to approve the request to place 1423 Morton Street on the Historical Building Study List CA -02 -0015 with the following finding. Regular Meeting 5 Alameda City Council February 4, 2003 Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 3. [Absent: Councilmembers DeWitt and Kerr - 2.] (03 -046) Public Hearing to consider an Amendment to the City of Alameda General Plan for a new revised Housing Element (Housing Element 2001 -2006) and an Initial Study with Mitigated Negative Declaration pursuant to the Environmental Quality Act. Accepted staff recommendation to refer the Housing Element back to the Planning Board. The Planning Manager gave a brief oral report. Vice Mayor Daysog inquired how many houses are envisioned for site twenty -one, to which the Planning Manager responded twenty -six dwelling units could be constructed on that site. In response to Vice Mayor Daysog's inquiry about the breakdown of the twenty -six units, the Planning Manager stated the breakdown would be two very low- income units, three moderate - income units, and twenty -one above moderate - income units. Vice Mayor Daysog inquired about site ten, to which the Planning Manager responded currently there is no location for site ten, further stated the City is working with AUSD to identify a location for site ten. Vice Mayor Daysog inquired about site eighteen, to which the Planning Manager responded seventy -two units are envisioned of which four would be very low- income units, seven moderate - income units, and sixty -one above moderate - income units. Mayor Johnson opened the Public Hearing. Peggy Doherty, Renewed Hope Housing Advocates, stated Renewed Hope is very involved in the Housing Element process; Renewed Hope held a large public meeting to educate the public regarding the implications and importance of the Housing Element; Renewed Hope made six recommendations to the Planning Department for inclusion in the Housing Element; one recommendation is to increase the California Community Redevelopment Law tax increment for affordable housing from 20% to 250; another recommendation is to raise the amount of affordable housing outside of redevelopment areas to 100; stated ideal citizens are being priced out of housing. Joseph Woodard, Estuary Park Action Committee (EPAC), submitted a letter to Council; urged Council to consider Estuary Park in the new Housing Element; stated the Estuary Park area is an underused, Regular Meeting 6 Alameda City Council February 4, 2003 polluted, industrial property zoned M -2; the area is an eye sore housing small businesses, dilapidated warehousing, dredging, and a large part is empty; the land is composed of three parcels owned separately by Collins, Fox /Wright, and Dutra; the land is the last opportunity for the City to build public access to the estuary in a park setting on the east side of the island connecting Alameda to the sister park Oakland is building on the opposite side; the 1991 master plan included the vision for Estuary Park; Estuary Park was conceived as an enhancement to the living standard for all Alameda citizens; EPAC prepared a complete report about the history and possibilities for Estuary Park available on EPAC website; EPAC submitted a petition in 2002 signed by over 300 residents requesting the City develop a park along the estuary; requested Council to develop Estuary Park. Dorothy Freeman, EPAC, submitted a letter to Council; stated all property owners in Alameda pay a portion of their property tax into the Bay Trails Development Fund; the Bay Trail is planned to "ring" the entire island of Alameda; Alameda and the estuary deserve to be preserved for the entire Bay Area; Oakland is developing a trail along the entire estuary; suggested adding a bicycle /pedestrian ferry between the two parks; visitors to City parks add to the economy; that she envisions Oak Street becoming a one -way one -lane street with a walking path to Estuary Park with an open air theatre in the park; the 1991 general plan had that vision. Donna Wood, Renewed Hope, stated the Housing Element should be structured to make housing available to people of different economic levels; Renewed Hope's recommendations address concerns of all residents; one recommendation calls for a study of the impact of Charter Amendment 26 (Measure A) to consider impacts on business opportunities, traffic, transportation, potential open space, and site planning and design; the study would also provide a rigorous and detailed analysis of the financial burden that Article 26 requires the City to overcome in order to achieve affordable housing goals; the study can help to determine how Measure A might be modified in ways that would provide adequate housing opportunities without destroying the historic homes of the community; encouraged Council to accept the staff recommendation to return the Housing Element to the Planning Board with a recommendation that the Board work collaboratively with other concerned groups. William Smith, Sierra Club, stated that he concurs with the recommendation to return the draft Housing Element to the Planning Board for further consideration of the States' comments; stated the Sierra Club, Renewed Hope, churches, and Alameda Businesses support new investment in housing and businesses within the community; a Regular Meeting 7 Alameda City Council February 4, 2003 Renewed Hope recommendation suggests that the City adopt an ordinance for granting density bonuses. Laura Thomas, Renewed Hope, stated another Renewed Hope recommendation suggests that a policy for housing developments outside of the redevelopment areas require 150 of new units be affordable housing with 6% at very low- income and 9% at moderate - income; the policy would announce the City's commitment to providing housing for citizens at every opportunity. Austin Tam, Renewed Hope, stated affordable housing needs to be addressed; the need for affordable housing is greater in difficult economic times; the average person cannot afford to live in Alameda due to increasing rents. Kevin Reilly, Alameda, stated increasing rents forced his family out of Alameda; urged Council to return the Draft Housing Element to Planning Board for further study; suggested working with community organizations to improve the Housing Element to meet State law. Bill Smith, Alameda, discussed housing issues. Lynette Lee, Renewed Hope, stated that she works for a non - profit that has built over 800 units of affordable housing in other cities; Alameda has a history of residents with different income levels; Alameda is in danger of losing residents because housing prices are so high; urged Council to consider the six recommendations made by Renewed Hope Housing Advocates. Eve Bach, ARC Ecology /Renewed Hope, stated ARC Ecology provides technical assistance to low- income communities that are confronting the issues of closed military base redevelopment; Renewed Hope's six recommendations are designed to deal with the dilemma that the City faces; the Housing Element identifies the ban on multifamily housing as a constraint on housing; the Housing Element does not identify the requirement of 2000 square feet of lot area per unit as a constraint; Renewed Hope put together a list of things that are within Council's power; Renewed Hope recommends updating the housing impact fees; urged Council to return the Housing Element to the Planning Board and give the Board direction. Michael Yoshi, Renewed Hope, stated Renewed Hope's vision is that of a community that takes care of it's citizens and provides the kind of vision for housing that would keep people in the community and value them as human beings; the challenge is to be able to bring different parts of the community together and carve out a vision; that he hopes the Housing Element becomes a visionary Regular Meeting 8 Alameda City Council February 4, 2003 document for the community into the future. There being no further speakers, Mayor Johnson closed the public portion of the hearing. Councilmember Matarrese moved approval of the staff recommendation to return the Draft Housing Element to the Planning Board for further consideration and recommendations. Mayor Johnson requested staff to forward the public comments to the Planning Board. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 3. [Absent: Councilmembers DeWitt and Kerr - 2.] ORAL COMMUNICATIONS, NON- AGENDA (03 -047) Bill Smith, Alameda, discussed services in the City of Alameda. COUNCIL COMMUNICATIONS (03 -048) Consideration of Mayor's nominations (2) for appointment to the Social Service Human Relations Board. [Partial terms expiring June 30, 2003 and June 30, 2004] Mayor Johnson nominated Steven R. Currie for appointment to the Social Services Human Relations Board. [Remaining nomination to be announced February 18, 2003] (03 -049) Councilmember Matarrese requested consideration of a process for linking the Housing Element, Northern Waterfront Specific Plan, and the Alameda Point General Plan Amendment into the General Plan update be placed on a future agenda for Council discussion; suggested there be a more transparent process similar to the Development Strategic Task Force; stated a Task Force could be used to arrive at a new version of the General Plan. (03 -050) Vice Mayor Daysog announced that Councilmember Matarrese would be taking his place on the Joint School Board -City Council Committee; suggested the Joint Committee discuss implementing a "school rate" on City facilities, such as the 0' Club, rented for school functions. (03 -051) Mayor Johnson announced that she would serve as the liaison and Councilmember Matarrese as the alternate on the Alameda County Waste Management Authority and Alameda County Congestion Regular Meeting 9 Alameda City Council February 4, 2003 Management Agency; announced that she would serve as the liaison and Councilmember DeWitt as the alternate on the Association of Bay Area Governments; Vice Mayor Daysog would serve as the liaison on the Airport Operations Committee and an alternate would be announced at a later date; that she would serve on the Alameda County Airport Land Use Committee and the alternate would be announced at a later date. (03 -052) Mayor Johnson requested that the City of Alameda Transportation Commission nominate the three appointments to the Citizens Advisory Committee of the Alameda County Transportation Improvement Authority. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Regular Meeting at 10:18 p.m. in memory of the astronauts of the Columbia. Respectfully Submitted, Lara Weisiger City Clerk The Agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting 10 Alameda City Council February 4, 2003