2003-04-01 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY - - APRIL 1, 2003 - - 7:30 P.M.
Mayor Johnson convened the Regular Meeting at 7:36 p.m.
Councilmember DeWitt led the Pledge of Allegiance.
ROLL CALL - Present: Councilmembers Daysog, DeWitt, Kerr,
Matarrese, and Mayor Johnson - 5.
Absent: None.
AGENDA CHANGES
(03 -128) Mayor Johnson announced that the recommendation to
approve Amendment to Consultant Agreement with International
Parking Design, Inc. [paragraph no. 03 -132] would be placed on a
future agenda.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(03 -129) Proclamation declaring April 22, 2003 as Earth Day.
Mayor Johnson read the proclamation and presented it to Suzanne
Ota, Recreation and Parks Director, and Maria DiMeglio, Public
Works Environmental Services Program Specialist.
(03 -130) Proclamation declaring April 11 -13, 2003 as National
Youth Service Day.
Mayor Johnson read the proclamation and presented it to Rim
Gebremarian, Alameda High School and Vidia Quashi, Encinal High
School, who accepted the proclamation on behalf of the Alameda
Youth Collaborative and Alameda Teen Action Council.
CONSENT CALENDAR
Mayor Johnson announced that the recommendation to approve
Amendment to Consultant Agreement with International Parking
Design, Inc. [paragraph no. 03 -132] would be placed on a future
agenda.
Vice Mayor Daysog moved approval of the remainder of the Consent
Calendar.
Councilmember Kerr seconded the motion, which carried by unanimous
vote - 5.
[Items so enacted or adopted are indicated by an asterisk preceding
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the paragraph number.]
( *03 -131) Minutes of the Special City Council Meeting held on March
16, 2003; and the Special and Regular City Council Meetings held on
March 18, 2003. Approved
(03 -132) Recommendation to approve Amendment to Consultant
Agreement with International Parking Design, Inc. for Parking
Structure Site Selection No. P.W. 08 -02 -12 in the amount of
$131,802. Held over.
( *03 -133) Recommendation to Award Contract in the Amount of
$219,000 to Ghilotti Brothers, Inc. for Westline Drive (Eighth
Street) Corridor Improvements, No. P.W. 05- 02 -06. Accepted.
( *03 -134) Resolution No
Fire Engines Using
Competitive Bid Award;
Agreement with Pierce
$674,567." Adopted.
13572, "Authorizing the
the City of Oakland
and Recommendation to
Manufacturing Inc.,
Purchase of Two New
Fire Department's
Approve a Purchase
in the Amount of
( *03 -135) Resolution No 13573, "Prescribing Membership, Term of
Office, Removal, Qualification and Voting Pertaining to the Public
Art Advisory Committee." Adopted.
( *03 -136) Resolution No 13574, "Amending the Management and
Confidential Employees Association (MCEA) Salary Schedule by
Establishing Salary Ranges for the Positions of Emergency Medical
Services Education Coordinator and Information Systems Operation
Technician." Adopted.
( *03 -137) Ratified Bills in the amount of $5,333,049.26.
REGULAR AGENDA ITEMS
(03 -138) 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;
(03 -138A) Adoption of Resolution Adopting the 2001 -2006 Housing
Element of the General Plan of the City of Alameda. Not adopted;
and
(03 -138B) Adoption of Resolution Adopting a Mitigated Negative
Declaration, IS -02 -0002, for the 2001 -2006 Housing Element of the
General Plan of the City of Alameda. Not adopted.
The Planning Manager gave a brief oral report.
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Vice Mayor Daysog requested staff to summarize the Housing Element
for the public.
The Planning Manager stated the Housing Element is one of the
mandatory elements of a General Plan; the Housing Element is the
only element reviewed by the State and has certain timelines and
requirements; the timeline for the proposed Housing Element is from
2001 -2006; the City identifies programs and policies to create
housing and locate sites where housing can be developed in the
Housing Element; the Housing Element must be consistent with the
other elements of the General Plan.
Vice Mayor Daysog stated the Housing Element is one element of the
General Plan; the General Plan maps the plan for the community,
connecting transportation, land circulation, zoning issues, and
housing.
Mayor Johnson opened the public portion of the hearing.
In favor of Housing Element including six recommendations of
Housing Advocates: Peggy Doherty, Renewed Hope Housing Advocates;
Irene Dieter, Green Party; Joey Wever, Renewed Hope Housing
Advocates; Tom Mathews, Renewed Hope Housing Advocates; William
Smith, Sierra Club; Eve Bach, Arc Ecology; Michael Yoshi, Renewed
Hope Housing Advocates; Bill Smith, Alameda; Wendy Horikoshi,
Alameda; Austin Tam, Renewed Hope Housing Advocates.
Vice Mayor Daysog stated the Housing Element and General Plan
discussions are organized to meet the needs of residents and future
generations.
Councilmember Kerr stated the Housing Element would not prevent
future additions of affordable housing; how the State will solve
its fiscal woes is unknown; the City cannot assume tax increment
from redevelopment will be available; that she supports the Housing
Element as presented.
Vice Mayor Daysog stated the 20% set aside from three redevelopment
areas generates $1.35 million in tax increment annually; increasing
to 25% set aside would generate $1.68 million in tax increment
annually; inquired whether other programs could cover the 50 or
$300,000 increase.
Councilmember Kerr stated a 5% increase is more than the price of
one affordable housing unit; retaining tax increment is an
uncertainty.
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Vice Mayor Daysog inquired whether $1.35 million is the total tax
increment set aside for the three redevelopment areas.
The Housing Programs Manager responded the West End Community
Improvement Project (WECIP) 20% set aside is currently generating
approximately $900,000 in tax increment annually; the Business and
Waterfront Improvement Project (BWIP) currently generates
approximately $450,000 annually; the Alameda Point Improvement
Project (APIP) currently generates approximately $50,000 annually;
stated the figures are roughly accurate.
Councilmember Kerr stated the APIP has the potential to generate a
very large tax increment.
Councilmember Matarrese acknowledged staff and everyone who
participated in development of the Housing Element; inquired
whether the density bonus ordinance could be created in less than
one year.
The City Manager stated the density bonus ordinance would be
created in one year.
Councilmember Matarrese stated the Keyser- Marston study of the
Housing Element assumed compliance with Measure A; Measure A is
part of the City Charter; inquired whether there is a vehicle to
examine discriminatory and non - discriminatory housing policies.
The City Attorney stated the Housing Element must comply with State
law; the alleged discriminatory effects of Measure A are not part
of the State law requirements; the City can address the issue of
discriminatory housing outside the scope of the Housing Element.
Councilmember Matarrese inquired whether housing discrimination can
be examined and reported to Council to take action independent of
the Housing Element, to which the City Attorney responded in the
affirmative.
Mayor Johnson inquired whether there is a vehicle to examine the
issue of housing discrimination separate from Measure A, to which
the City Attorney responded in the affirmative.
The City Manager stated a third party could review the City's
policies and programs and provide an independent evaluation of
whether discriminatory policies exist.
Special Counsel Michael Colantuono stated no evidence has been
submitted indicating the City consciously discriminated at any time
in any of the City's policies; advocates have stated that some of
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the City's policies make the provision of housing more expensive
and because poor people as a group do not have the same racial and
socioeconomic characteristics as rich people, that the City is
discriminating against poor people and in so doing discriminating
against minorities; the rhetorical argument about why affordable
housing is a positive good does not amount to a legal case that
there is actual, overt intentional racial discrimination in the
City's policies.
Councilmember Matarrese stated Measure A is a separate issue; that
he supports the 25% inclusionary housing in redevelopment areas to
balance the shortfall of tax increment funding and provide fully
integrated development of affordable housing; that he does not
support increasing tax increment set aside funds; stated he
supports increasing the inclusionary housing requirement in non -
redevelopment areas to 150.
Councilmember DeWitt requested staff to provide a Measure A
discrimination study as a separate issue from the Housing Element;
questioned how the City would increase affordable housing; stated
the Planning Board discussed and reviewed the tax increment issue;
he supports moving forward with the Housing Element.
Vice Mayor Daysog inquired whether Councilmember DeWitt would like
the Measure A study to include options for Alameda Point and
redevelopment areas, to which Councilmember DeWitt responded in the
affirmative.
Vice Mayor Daysog inquired what a modified Measure A might mean to
Alameda residents; inquired how transit issues could be mitigated;
stated that he supports increasing inclusionary housing in
redevelopment areas from 15% to 25% and increasing tax increment
set aside from 20% to 250; the $3 Million paid in special pensions
annually will decrease over time and completely end by the year
2020; his calculations regarding increasing tax increment support
probability; that he supports increasing inclusionary housing in
non - redevelopment areas to 150; redoing the Nexus study for linkage
requirements is a separate issue; inquired whether Councilmember
Matarrese is in favor of increasing inclusionary housing in
redevelopment areas to 250, to which Councilmember Matarrese
responded in the affirmative.
Councilmember Matarrese stated budgetary information would be
necessary to increase the tax increment to 250.
Vice Mayor Daysog suggested increasing the tax increment set aside
to 25% in 2006.
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Mayor Johnson stated that she has concerns about increasing the tax
increment to 25% unless there is support by individual projects.
Councilmember Kerr stated the tax increment from the Fleet
Industrial Supply Center (FISC) project disappeared; redevelopment
areas are not sources of great wealth.
Mayor Johnson stated redevelopment areas need tax increment to get
started; that she supports increasing tax increment if projects can
support the increase.
Councilmember Kerr stated pension actuarial numbers were not
accurate; that special pensions are paid from the General Fund and
should not be relied on.
Councilmember DeWitt requested staff to report on the
recommendations made by the Planning Board.
The Planning and Building Director stated the State law requirement
for inclusionary housing within redevelopment areas is 150; the
Planning Board's recommendation is 200 outside of Alameda Point and
25% within Alameda Point; the housing advocates propose 25% in all
redevelopment areas.
Mayor Johnson inquired about non - redevelopment areas.
The Planning and Building Director responded the City currently
does not have an inclusionary requirement outside of redevelopment
areas; the Housing Element proposes loo and housing advocates are
requesting 150.
Councilmember DeWitt inquired about the tax increment.
The Planning and Building Director responded the State requirement
for the tax increment set aside is 200, the City currently sets
aside 20% and proposes to keep 20% set aside; the housing advocates
are requesting 250; noted the City has the flexibility to allocate
tax increment beyond the 20% to affordable housing in the future.
Councilmember Kerr moved approval of upholding the recommendation
of the Planning Board. [adopting the Resolution as presented].
Councilmember DeWitt seconded the motion, which failed by the
following voice vote: Ayes: Councilmember Kerr and DeWitt - 2.
Noes: Mayor Johnson, Vice Mayor Daysog, Councilmember Matarrese -
3.
Councilmember Matarrese inquired whether staff could determine
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whether new projects have the ability to allocate additional tax
increment funding when the Disposition and Development Agreements
(DDA) are brought to Council for approval, to which the City
Attorney responded in the affirmative.
Councilmember Matarrese inquired whether Council could adopt a
policy to start with 20% set aside tax increment, then reevaluate
the percentage after the project starts generating funds.
Special Counsel stated the Housing Element could include a policy
directing budget staff to include a minimum of 20% set aside and to
address the feasibility of increasing the set aside to 25% as part
of the budget.
Councilmember Matarrese stated that he supports giving budgetary
direction and increasing inclusionary percentages to balance
affordable and unaffordable housing within the City.
Vice Mayor Daysog moved approval of directing staff to bring back
the following modifications: 1) increasing the inclusionary housing
requirement in redevelopment areas to 250, 2) budgetary direction
to increase the tax increment set aside funds above the required
20% in redevelopment areas, and 3) increasing the inclusionary
housing requirement in non - redevelopment areas to 150.
Mayor Johnson stated the Nexus study should be addressed outside of
the Housing Element.
Councilmember Matarrese seconded the motion.
Councilmember Kerr inquired whether the 25% increase in
inclusionary housing requirement in redevelopment areas would
extend to the FISC.
Vice Mayor Daysog responded the DDA with FISC has already been
signed.
Councilmember Kerr stated the language would extend the 250
increase to the FISC.
Vice Mayor Daysog stated that Catellus rules should not be changed.
City Attorney requested a recess.
Mayor Johnson called a recess at 9:15 p.m. and reconvened the
Regular Meeting at 9:27 p.m.
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Mayor Johnson requested a motion to close the Public Hearing.
Vice Mayor Daysog moved approval of closing the Public Hearing.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
The City Attorney requested Council to provide staff with direction
to bring back a resolution incorporating the modifications
including an analysis of the differences and impacts between
Council's direction and the Planning Board's recommendations.
Councilmember Kerr inquired whether substantial changes would have
to go back to the Planning Board, to which the City Attorney
responded in the negative.
The City Attorney further stated the Planning Board considered the
housing advocates suggestions and recommended some changes to the
Housing Element.
Mayor Johnson stated direction from Council is 25% inclusionary
housing in redevelopment areas, 150 [inclusionary housing] in non -
redevelopment areas, and [budgetary direction for] the tax
increment issue.
Special Counsel suggested Council provide staff direction by motion
to incorporate existing recommendations plus the three proposals
for staff to come back with a resolution and analysis for final
action.
Vice Mayor Daysog clarified the motion was to defer action [on a
resolution] and included budgetary language [for tax increment set
aside].
Councilmember DeWitt stated the motion is to direct staff to bring
back the 20% set aside with budgetary language, increasing
inclusionary housing outside redevelopment areas to 150, and
increasing inclusionary housing inside redevelopment areas to 250.
The City Attorney stated the matter would be brought back with
language incorporating the three changes with an analysis of the
changes.
Councilmember Matarrese seconded the modified motion, which carried
by the following voice vote: Ayes: Councilmembers Daysog, DeWitt,
Matarrese and Mayor Johnson - 4. Noes: Councilmember Kerr - 1.
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Councilmember DeWitt requested staff to provide a Measure A
discrimination study as a separate issue from the Housing Element.
The City Manager stated that staff would bring back a
recommendation on how to proceed with the study.
Vice Mayor Daysog stated that the Housing Element is not set in
stone; Council would consider Counsel's legal opinion.
(03 -139) Ordinance No. 2895, "Amending Ordinance No. 2754; and
Approving and Adopting the First Amendment to the Community
Improvement Plan for the Alameda Point Improvement Project."
Finally passed.
Councilmember Kerr moved final passage of the Ordinance.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
(03 -140) Ordinance No 2896, "Amending Ordinance No. 2559, as
Previously Amended; and Approving and Adopting the Fifth Amendment
to the Community Improvement Plan for the Business and Waterfront
Improvement Project." Finally passed.
Councilmember Kerr moved final passage of the Ordinance.
Councilmember DeWitt seconded the motion, which carried by
unanimous voice vote - 5.
(03 -141) Ordinance No. 2897, "Amending Ordinance No. 2141, as
Previously Amended; and Approving and Adopting the Fourth Amendment
to the Community Improvement Plan for the West End Community
Improvement Project." Finally passed.
Councilmember Kerr moved final passage of the Ordinance.
Vice Mayor Daysog seconded the motion, which carried by unanimous
voice vote - 5.
(03 -142) Ordinance No. 2898, "Amending the Alameda Municipal Code
by Amending Subsections 1- 7.1(b) (Applicability), 1 -7.4 (Amount of
Fines), 1 -7.12 (Recovery of Administrative Costs) and 1 -7.13 (Right
of Judicial Review) of Section 1 -7 (Administrative Citations) of
Chapter I (General); Repealing and Adding New Article I (Uniform
Codes Relating to Building, Housing and Technical Codes) of Chapter
XIII (Building and Housing), to Adopt the 1997 Edition of the
Uniform Administrative Code, the 2001 Edition of the California
Building Code, the 2001 Edition of the California Code for Building
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Conservation, the 2001 California Electrical Code, the 2001
California Plumbing Code, the 2001 California Mechanical Code, the
1997 Uniform Housing Code, and the 1997 Edition of the Uniform Code
for the Abatement of Dangerous Buildings; Repealing and Adding a
New Section 13 -21 (Preservation of Historical Monuments and
Cultural Resources), of Article VII (Historical Preservation); and
Repealing and Adding a New Section 15 -1 (Alameda Fire Code) to
Adopt the 2001 Edition of the California Fire Code and Approving
Certain Amendments Thereto." Finally passed.
Christopher Buckley, Alameda Architectural Preservation Society
(RAPS), stated RAPS supports adopting the ordinance; urged Council
to adopt the ordinance as presented; stated RAPS supports the
provisions concerning review of demolition permits for pre -1942
buildings.
David Baker, Alameda, stated that he supports AAPS's comments; that
he is interested in preserving Alameda's architectural heritage.
Councilmember Kerr suggested placing a moratorium on citations
until an appeal process is in place; stated no one can appeal
decisions of the Housing and Building Code Hearings and Appeals
Board.
Mayor Johnson requested staff to explain the citation process.
The Building Official stated the administrative citation process
follows the normal code enforcement citation process: 1) complaints
are investigated, 2) property owners are notified and given seven
to thirty days to correct the violation, 3) second inspections are
made if the violations are not corrected, 4) citations are issued
at the time of the second inspection; owners can request an
administrative hearing once citations are issued; if owners are
ruled against at the hearing, the owners can appeal to the superior
court; no citations are issued without the approval of the Building
Official and consultation with the City Attorney's office; waivers
may be obtained if the owner is unable to pay for the citation up
front.
Councilmember Kerr inquired when the Housing and Building Code
Hearing and Appeals Board becomes involved in the process.
The Building Official responded the Housing and Building Code
Hearing and Appeals Board is not involved in the code enforcement
process.
Councilmember Kerr stated that seven to thirty days may not be
enough time for an owner to make repairs.
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The Building Official stated owners are encouraged to contact the
City with a plan of action; citations are only issued to owners who
do not respond to letters or refuse to comply.
Councilmember Kerr stated the ordinance does not contain any
language stating owners will not be cited if they notify the City
of a plan of action.
The City Attorney stated attachment one of the staff report is the
administrative citation procedure; the administrative citation
procedure has been in effect since July 1998 to enforce zoning,
planning, litter, graffiti, and animal control; stated Housing and
Building Codes are being included in the procedure.
Councilmember Kerr stated a building violation could cost thousands
of dollars to repair.
Mayor Johnson requested staff to explain enforcement priorities.
The Building Official stated only high- and medium -life safety
issues are investigated; currently an owner can be sited for
failure to obtain design review approval.
Mayor Johnson inquired how many design review citations have been
issued, to which the Building Official responded none.
Mayor Johnson requested staff to provide periodic reports regarding
administrative citations.
Councilmember Matarrese moved final passage of the Ordinance.
Councilmember DeWitt seconded the motion, which carried by
unanimous voice vote - 5.
ORAL COMMUNICATIONS, NON- AGENDA
(03 -143) Bill Smith, Alameda, discussed community involvement.
COUNCIL COMMUNICATIONS
(03 -144) Consideration of placing a Resolution supporting Senate
Bill 204 - Solid Waste: Personal Care Products: Recycling, on a
Council agenda.
Vice Mayor Daysog stated Senator Perata's office requested that
Council consider endorsing Senate Bill (SB) 204; SB 204 was
originally introduced by Senator Perata; the bill addresses how to
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deal with the problem of disposable diapers filling the land fill.
Mayor Johnson inquired about the nature of the opposition to the
bill.
Vice Mayor Daysog stated the East Bay Business Times and Oakland
Tribune stated the bill could be refined; medi -cal would have to
change its policy to reimburse for disposable and reusable diapers
to encourage people to use reusable diapers.
Councilmember Kerr stated disposable diapers comprise only 1.60 of
the waste stream; the State would collect the fees and allocate
funds to communities; fees should be returned on a per capita basis
and require use in a certain manner.
Vice Mayor Daysog stated disposable diapers contribute to the
growing waste stream.
Mayor Johnson requested staff to place the matter on a future
agenda.
The City Manager suggested Council wait for 30 days until the
Alameda County Waste Management Authority Board and the League of
California Cities (LOCO) take a position on the bill.
Vice Mayor Daysog stated the bill would be out of the senate
committee in one month; that he prefers to review and endorse the
bill before the senate committee meeting in late April or early
May.
Mayor Johnson stated that she supports the concept of the bill;
Alameda is a strong recycling town; requested staff to bring the
bill back to Council mid April.
The Assistant to the City Manager stated the Waste Management
Authority staff are recommending that the committee amend the bill.
Councilmember Matarrese stated Council should support the bill with
the amendments.
Mayor Johnson stated Council should support the bill with the
amendments at the next City Council meeting.
The City Manager stated staff would place the issue on the April
15th agenda and incorporate Council recommendations and the League's
position.
Mayor Johnson requested staff to inform Councilmembers if there are
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any modifications to the bill.
The Assistant to the City Manager stated the LOCO has not taken a
position and will not take a position before April 15tH
(03 -145) Consideration of Mayor's nomination for appointment to
the Social Service Human Relations Board. Held over.
(03 -146) Selection of Councilmember alternate for the AC Transit
Inter- Agency Liaison Committee.
Mayor Johnson requested Councilmembers to inform her if interested
in serving as an alternate for the AC Transit Inter - Agency Liaison
Committee.
(03 -147) Councilmember DeWitt requested staff to meet with
Caltrans to review the possibility of temporary lighting in the
Webster /Posey tube; requested a progress report on the pace of the
retrofit work; noted businesses on Webster Street are being
impacted.
(03 -148) Councilmember DeWitt requested Mayor Johnson consider
placing a proclamation supporting the troops, veterans, and
military people on the next Council agenda.
(03 -149) Councilmember Kerr requested a report on testing the
Webster /Posey tube water for pathogens.
(03 -150) Vice Mayor Daysog requested Council to consider adoption
of legislation extending Real Estate Transfer Tax Exemptions to
domestic partners as defined by State law.
(03 -151) Councilmember Matarrese suggested Council consider a
"Blue Star" designation when adopting the proclamation supporting
the troops.
ADJOURNMENT
There being no further business, Mayor Johnson adjourned the
regular meeting at 10:10 p.m.
Respectfully Submitted,
Lara Weisiger
City Clerk
Agenda for meeting was posted in accordance with the Brown Act.
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