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2000-02-01 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- - FEBRUARY 1, 2000- -7:30 P.M. Vice Mayor Daysog convened the Regular Meeting at 7:47 p.m. ROLL CALL - Present: Councilmembers Daysog, DeWitt, Johnson and Kerr - 4. Absent: Mayor Appezzato - 1. AGENDA CHANGES (00 -48) Vice Mayor Daysog announced there was a request [from the Appellant's Attorney] to withdraw the Planning Board Appeal [paragraph no. 00 -581. Councilmember Johnson moved approval [of withdrawing the Planning Board Appeal from the Agenda]. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 4. Absent: Mayor Appezzato - 1. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS None. CONSENT CALENDAR Vice Mayor Daysog announced the Resolution recognizing the first two Green Businesses in Alameda [paragraph no. 00 -53] was removed from the Consent Calender for discussion. Councilmember Johnson moved approval of the remainder of the Consent Calender. Councilmember Kerr seconded the motion which carried by unanimous voice vote - 4. Absent: Mayor Appezzato - 1. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *00 -49) Minutes of the Regular City Council Meeting and the Special Joint City Council and Alameda Public Improvement Corporation Meeting held on January 18, 2000. Approved. ( *00 -50) Recommendation to award Consultant Design and Construction Administration Services Contract in the amount of $143,500 to KPa Consulting Engineers, Inc. for Renovation of Buildings 11 and 400A at Alameda Point, No. P.W. 01- 00 -01. Regular Meeting 1 Alameda City Council February 1, 2000 Accepted. ( *00 -51) Recommendation to accept the work of N. V. Heathorn, Inc. for the Marina Village Stormwater Pump Station Mechanically Cleaned Trash Rack, No. P.W. 07- 98 -19. Accepted. ( *00 -52) Recommendation to authorize Water Main Extension Agreement between the City and East Bay Municipal Utility District for Harbor Bay Parkway Phase 4 Water Main Extension, Assessment District 92 -1. Accepted. (00 -53) Resolution T Businesses in Alameda in Alameda." Adopted. o. 13176, "Recognizing the First Two Green and Encouraging Support of Green Businesses Richard Neveln, Alameda, requested information on the Green Business Program; stated there should be Resolutions about displaced Base workers in Alameda, who lost their jobs as a result of Base closure, on a future agenda. Susan Sakaki, Alameda County Green Business Program, provided the City Council with directories; stated two City of Alameda businesses earned certification in the County's Green Business Program; to earn certification, businesses had to be in compliance with all applicable environmental regulations and demonstrate to regulatory agencies and compliance assistance inspectors completion of energy- and water conservation measures, and solid- and hazardous waste reduction; the two businesses in Alameda which earned the certificate are: RyNck Tire & Auto Center and Allaegra Printing & Imaging; there are 47 certified green businesses throughout the County; thanked City staff members Barbara Frierson and Meredith Owens, and Alameda Journal Editor Gloria Salvante for support of the Program. Councilmember Kerr moved adoption of the Resolution. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 4. Absent: Mayor Appezzato - 1. ( *00 -54) Resolution No. 13177, "Appointing an Engineer and an Attorney for Island City Landscaping and Lighting Assessment District 84 -2." Adopted. ( *00 -55) Resolution No. 13178, "Amending City of Alameda Resolution No. 13168 Establishing 2000, 2001, and 2002 Garbage Rates." Adopted. ( *00 -56) Introduction of Ordinance Approving and Authorizing the Regular Meeting 2 Alameda City Council February 1, 2000 Acceptance of Permanent Utility and Temporary Construction Easements from the U.S. Navy, as Grantor, and the City of Alameda, as Grantee, for the Naval Air Station Alameda Replacement Wastewater Interceptor System Project. Introduced. ( *00 -57) Ratified bills in the amount of $2,453,460.57. REGULAR AGENDA ITEMS (00 -58) Public Hearing to consider an appeal by the Oakland Yacht Club of a Planning Board decision to approve a Mitigated Negative Declaration under the California Environmental Quality Act and to grant Major Design Review approval to construct a 36 -room 3 -level addition to an existing motel located at 1151 Pacific Marina, near Triumph Drive at Atlantic Avenue. Appellant: Timothy DeWitt, Attorney for Oakland Yacht Club. Applicant: Pigman Companies, Marina Village Inn; (00 -58A) Adoption of Resolution Upholding Approval by the Planning Board of the City of Alameda of a Mitigated Negative Declaration and Mitigation Monitoring Program, IS- 99 -07, for Construction of a 3 -Story 36 Room Expansion and Reconfiguration of Parking for the Marina Village Inn at 1151 Pacific Marina Near Triumph Drive at Atlantic Avenue, Alameda. NOT ADOPTED; and (00 -58B) Adoption of Resolution Upholding Approval by the Planning Board of the City of Alameda of a Major Design Review, DR- 99 -33, for Construction of a 3 -Story 36 Room Expansion and Reconfiguration of Parking for the Marina Village Inn at 1151 Pacific Marina Near Triumph Drive at Atlantic Avenue, Alameda. NOT ADOPTED. The matter was withdrawn from the Agenda [see paragraph no 00 -48]. (00 -59) Recommendation from the Rent Review Advisory Committee regarding rent increases and maintenance concerns at 712 Lincoln Avenue. Cheryl Franklin, Tenant at 712 A Lincoln Avenue, stated that she has lived at 712 Lincoln Avenue for over ten years and has a month - to -month rental agreement with Tony Cross, the legal owner of the property; Mr. Case leased the property beginning November 1997; he [Mr. Case] increased the rent by 39% in 1998, and wished to increase the rent another 36% in November, 1999, which represented an 89% increase within a one -year period of time; maintenance has not been performed since she moved in; in November 1999, she contacted the City's Code Compliance Officer, John Cruz; he [Mr. Cruz] inspected the unit on December 1, 1999; there were code violations which Mr. Case is in the process of correcting at this time; there are still major problems with the unit which were not Regular Meeting 3 Alameda City Council February 1, 2000 cited; that she will ask for a re- inspection to have said issues addressed; Mr. Case is asking for an $850 deposit after she has lived in the unit for ten years; when she moved in, the cottage had not been worked on for 23 years and she made it livable in exchange for any deposit; Mr. Case refuses to recognize said arrangement; Ms. Cross [property owner] is aware of the situation; urged City Council to: 1) intervene on the tenants' behalf; 2) inspect the entire property, from the cottages to the Webster Street Hotel; 3) walk through each unit, businesses effected by the lease and the Hotel; 4) look at scaffolding which has been set up for three years, is an eyesore and interferes with businesses on Webster Street; 5) make an informed judgement on the value and condition of the units and property; and 6) recommend Mr. Case abide by the decision of the Rent Review Advisory Committee. Larry Dennis, Tenant at 712 Lincoln Avenue, stated that he is a senior citizen and lives on a fixed income; that he has a month -to- month rental agreement with the property owner, Tony Cross; that he has lived on the property for over eight years; that he has a roommate; his pension is less than the rent; Mr. Case has sent letters stating that he [Mr. Dennis] cannot have a roommate, even though Ms. Cross [property owner] has allowed him to have a roommate since 1993; Mr. Case sent a letter that barbeques are no longer allowed in the yard because of an insurance problem; however, the new tenants in 712 D are allowed to barbeque; he [Mr. Dennis] is being forced out of his home and into the streets; requested Council help him keep his home; further stated Mr. Case continues to raise the rent without working on the unit; that he [Mr. Dennis] cannot afford a rent increase every year because his pension is small. Kendra Halloway, Chair, Rent Review Advisory Committee (RRAC), stated there are four cottages tucked in behind the Webster Hotel at Lincoln Avenue and Webster Street; summer cottages were constructed 70 years ago and probably were not intended to be used as permanent residences; the property owner is Antoinette Cross; Steve Case, doing business as Parco, has a twenty -five year lease on the property; the tenants at 712 A and B were before the RRAC in December 1999; a rent increase complaint was filed after tenants received notice of a 39% increase of $225 per month, which was followed by a 36% increase of $175 per month in 1998; the landlord is also requiring the tenants to provide an $850 security deposit; the tenants have raised habitability issues, e.g. poor plumbing, hazardous electrical conditions, and walls and windows which do not provide protection from the weather; Mr. Case is adamant that the property is worth $850 [per month] because new tenants are paying said amount, and asserts that he has the right to raise the rent as high as he wants; gave a background on the RRAC; further stated the Regular Meeting 4 Alameda City Council February 1, 2000 formal recommendation of the RRAC was to: not require a security deposit, roll back the rent increase to no more than $100 per month, and hold the rent at said rate for 18 months; the RRAC requested Mr. Case to make a commitment at the Hearing to abide by the recommendation, however, he [Mr. Case] stated he had to consult with his partners and he would get back to the RRAC; Mr. Case was then asked to respond in writing or return for negotiations in January; Mr. Case ignored the RRAC and instead wrote to the tenants stating that if they moved out by March 1, 2000, that he would let them stay for $625 per month, otherwise it would cost $850 per month; it is distressing that Mr. Case asserts a right to raise rents whatever amount he wants and disregards his duty to provide a habitable place for people to live; Mr. Case's proposed 36% and 390 increases are excessive and burdensome; the RRAC found $100 was much more equitable, and requested Mr. Case to deal fairly with existing tenants so they are not forced out of their homes; Council is being asked to acknowledge that [rent] increases on the property are excessive and place an undue burden on tenants and authorize the Mayor to send a letter encouraging the landlord and owner to address the habitability issues and abide by the recommendations of the RRAC regarding rent increases. Councilmember Johnson inquired whether there were discussions with the owner on the habitability issues, to which RRAC Chair Halloway stated that the owner has received copies of all reports. Councilmember Johnson inquired whether the owner of the property would be liable for the habitability issues even though there is a sublease. The City Attorney stated the devil is in the details; the specific lease would contain the situation in terms of liability; a net -net lease transfers all of the rights and obligations; absent seeing the specific document, she would hesitate to guess who is ultimately responsible; suggested the City Council pursue the idea of joint notification and holding both people responsible; further stated let them figure out who would be responsible for damages, claims or complaints. Councilmember Johnson stated if the owner is cooperative, there may be sufficient lease violations between the owner and Parco to terminate lease; stated the business [ Parco] is in Alameda; inquired whether there is a business license; further stated perhaps partners should be contacted. The Community Development Manager stated staff understands the lease between Steve Case and Antoinette Cross gives all the power to Mr. Case; Antoinette Cross was notified of the RRAC action, Regular Meeting 5 Alameda City Council February 1, 2000 report to Council and Code violations. Councilmember Johnson stated it would not hurt to get a copy of the lease; the notice should be directed at her [Ms. Cross], not just copied to her; the City should be proceeding against both people and put the burden on them to determine who might be liable, if not both. RRAC Chair Halloway stated there are two separate letters: one to the owner and one to Steve Case. Councilmember Johnson inquired whether they are being notified of Building Code violations because they are both parities to this proceeding and are liable for whatever consequences there might be, to which RRAC Chair Halloway responded in the affirmative. Councilmember DeWitt stated correspondence indicates that requested repairs are almost completed; safety violations, e.g. electrical wiring, have been addressed; problems with the windows are being addressed; liability issues are being addressed; the other issue is financial which is not a liability. RRAC Chair Halloway stated only unit 712 A has been inspected; Mr. Dennis's unit, 712 B, has not been inspected. Councilmember DeWitt inquired whether Council is being asked to address maintenance concerns as well as control rents; stated the units have been there for 70 years and were not originally built to be permanent housing; they are summer cottages; the condition of buildings has not been ignored in just the last three years while Mr. Case has been leasing the building; inquired whether it has taken years for the building to be in the current condition. RRAC Chair Halloway responded in the affirmative. Councilmember Johnson stated there are two separate proceedings: 1) the RRAC addressing the rent issue and 2) Building Code violations which will proceed regardless of Council action; the Mayor will send a letter relating to the RRAC role; Building Code Violations are a separate issue. Vice Mayor Daysog inquired whether the letter would address rent increases for the most part. RRAC Chair Halloway stated the habitability issues were in front of the RRAC; the RRAC cannot take action on said matter; one tenant contacted the Building Department to get an inspection, the other has not. Regular Meeting Alameda City Council February 1, 2000 Councilmember Kerr inquired who [Mr. Case's] partners are. RRAC Chair Halloway responded partners are not known because it is a limited liability corporation; Steve Case is the partner in charge. Councilmember Kerr inquired whether there is documentation for a limited liability partnership. The City Attorney responded partnerships are on file with the County; corporations must file with the Secretary of State. Councilmember Kerr requested staff find out who the partners are. Councilmember DeWitt inquired the reason to do so. Councilmember Kerr responded it was suggested to send the letter to all partners, not just Mr. Case; further stated that she does not have a copy of the letter [to be sent by the Mayor], however, she would support Councilmember Johnson's suggestion that the letter be sent to Ms. Cross as well as Mr. Case; that she [Councilmember Kerr] would add that a letter be sent to all the partners because they may not be fully informed about what is going on; inquired whether there would be Code enforcement on the other units and whether there were complaints about the habitability of other units. The Community Development Manager stated there are two different issues which are being addressed tonight: 1) the rent increase raised by the tenants in 712 A and B, and 2) maintenance concerns regarding units; one tenant made a complaint to the Code Enforcement Division; there were code violations in Unit A, which have been corrected; the RRAC informs tenants of their rights, but does not refer matter directly to Code enforcement; there may be violations in Unit B, however, it has not been inspected. Councilmember Kerr moved that a letter be sent to not only Mr. Case, but to his partners and Ms. Cross. Under discussion, Councilmember Johnson stated when there has been notice of Code violations in one unit, the City should be more proactive and look into Code violations in other units; all tenants should be invited to have inspections; if buildings appear to be in a similar condition, the City should not wait for a tenant to make a complaint, because tenants are intimidated sometimes by the landlord - tenant relationship. The Community Development Manager stated staff could work with the Regular Meeting 7 Alameda City Council February 1, 2000 Building Services Department to establish said type of system. Councilmember DeWitt stated the buildings are an eyesore; inquired whether people should live in the buildings and whether they are legal. The Community Development Manager responded the units are listed on the Assessors Role as residential; until this point, units have been affordable; Council raised the issue of conducting a more intensive inspection, which could be used to determine if the City's habitability requirements are met; on the basis of the inspection of 712 A, the Code Enforcement Officer concluded habitability requirements were met, with the exception of a few repairs; staff can see that other units are inspected; there is a difference between habitability based on Code and habitability based on maintenance issues, comfort and other standards which people want for housing; in rental rehabilitation programs, staff tries to go beyond Code and examine other issues related to habitability. Councilmember Johnson inquired whether the landlord can prevent the tenant from having a roommate. The City Attorney stated once again, the devil is in the detail; it depends on the term of the lease; there is no State- or City laws which would prohibit having a roommate; there is a right of association issue, e.g. children cannot be prohibited; that she would encourage that person to contact an attorney and if cannot afford, her office can provide referrals for assisted or staggered fees. Vice Mayor Daysog requested Councilmember Kerr to repeat her motion. Councilmember Kerr moved that a letter be sent not only to Mr. Case, but to his partners and Ms. Cross, addressed to each one as individuals as suggested by Councilmember Johnson. Councilmember Johnson seconded the motion. Under discussion, Councilmember DeWitt stated Mr. Case is listed as the lessee; looking up the names of the other people is nothing but harassment; the Mayor will send the letter to the owner of the property and the designated lessee, anything else is harassment. Councilmember Johnson stated it might be a courtesy to the partners because they are jointly liable and might not be aware the process is going on; there could be financial penalties attached to the Regular Meeting 8 Alameda City Council February 1, 2000 matter and the City owes them [partners] the duty of notice; when landlords are collecting good rents, they should provide properties and homes which are in good condition; proper maintenance could have prevented dilapidated. Vice Mayor Daysog stated in addition to sending a letter, he would like rental rehabilitation information forwarded. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Daysog, Johnson and Kerr - 3. Noes: Councilmember DeWitt - 1. Absent: Mayor Appezzato - 1. Councilmember DeWitt stated that four years ago when the Base closed, Webster Street looked like a ghost town; Steve Case was one of four people who had a vision for Webster Street; Mr. Case is trying to improve the corner of Lincoln Avenue and Webster Street; to blame everything on Mr. Case would not be right; units were dilapidated and rundown before Mr. Case took over. (00 -60) Resolution No. 13179, "Electing to be Subject to Section 22873 of the Public Employees' Medical and Hospital Care Act (AB 26 Healthcare Coverage for Specified Domestic Partners)." Adopted. Richard Neveln, Alameda, inquired which specific domestic partnerships and living arrangements outside of normal marriage will be able to receive healthcare benefits. The City Manager stated there are two categories to which this would apply: 1) same -sex domestic partnerships for persons over 18 years, and 2) opposite -sex domestic partnerships when persons are 62 years or older. Councilmember Johnson inquired whether the State language was followed, to which the City Manager responded in the affirmative. Councilmember Kerr stated that she receive fear the City's healthcare costs will be Employee Retirement System (PERS) is a retirement system; rates are based on Alameda's rates will not suddenly be driven not effect rates. d calls from people who driven up; the Public Statewide health and Statewide statistics; up; Council action will Councilmember Johnson moved adoption of the Resolution. Councilmember Kerr seconded the motion. Under discussion, Vice Mayor Daysog stated the provision of benefits to domestic partners is something Alameda has been working Regular Meeting Alameda City Council February 1, 2000 on for sometime; recognized former Councilmember Karin Lucas for her work on matter. Councilmember Kerr stated changes were recommended by the Governor; as an employer, action makes benefits available to some employees, the particular employees [who will receive benefits] is not the issue; the issue is that all employees have been supporting PERS with payroll deductions for a long time; to select a particular segment and not allow all benefits which are possible from the system employees pay into would be unjust; employers should not selectively pick one group and not provide benefits which are available. On the call for the question, the motion carried by unanimous voice vote - 4. Absent: Mayor Appezzato - 1. ORAL COMMUNICATIONS, NON- AGENDA (00 -61) Garnetta King, Alameda, stated Alameda recently lost a quality citizen, J.C. Shirriel; Mr. Shirriel was a part of building the Cityview Skatepark; recommended that the City rename the park in honor of Mr. J.C. Shirriel. (00 -62) Richard Neveln, Alameda, stated public transit relieves congestion; urged the public to attend Public Transit Committee meetings. (00 -63) Cheryl Franklin, Alameda, stated that she would like to respond to Councilmember DeWitt comments on the Rent Review Advisory Committee matter [paragraph no 00 -59]. Vice Mayor Daysog inquired whether the matter could be addressed under non - agenda items [Oral Communications]. The City Attorney responded in the negative; stated additional comments on an agenda item can be submitted to the City Clerk to be distributed to the City Council. Ms. Franklin inquired whether she would have to submit comments in writing. The City Attorney stated Ms. Franklin could call the Councilmembers. (00 -64) Richard Armstrong, Alameda, stated that he submitted a letter to the City on bringing a former soviet submarine to the Bay Area to be placed as a tourist attraction next to the USS Hornet; that he is under a time constraint; there are other parties involved; inquired whether or not it is possible. Regular Meeting 1 Alameda City Council February 1, 2000 Vice Mayor Daysog stated the purpose of Oral Communications is to communicate concerns on non - agenda items; at this point the Council's viewpoint cannot be given; suggested Mr. Armstrong meet with each Councilmember privately. The City Manager stated the matter should be addressed on an Alameda Reuse and Redevelopment Authority Agenda; Mr. Armstrong can continue correspondence and discussions with the Deputy City Manager. Mr. Armstrong further stated the City of St. Petersburg, Florida is in a bad position; the submarine did not go where it was supposed to; there have been 55,000 tourists in six months; that he will continue to pursue matter; however, he needs an answer as quickly as possible. COUNCIL COMMUNICATIONS (00 -65) The City Manager stated the Mayor requested that he share idea(s) with the Council; Mayor Appezzato would like staff to look into business classification zoning plan for Park Street and Webster Street. (00 -66) The City Manager stated Mayor Appezzato also would like staff to review the possibility of including an additional Code Enforcement Officer in the next two -year budget. (00 -67) Councilmember DeWitt announced that Thursday, February 3rd, 8:00 p.m., the Oakland East Bay Symphony will have a concert at the Kofman Auditorium. (00 -68) Councilmember Johnson stated that she received a memo from the City Attorney on misdemeanor fines on Building Code violations; requested Ordinance be drafted and brought to Council. (00 -69) Councilmember Johnson stated that she would like the Council to adopt a policy on [lowering] the flag; the matter should be brought to the Council; report should include the technical issues related to lowering the flag, to allow Council to establish a policy. The City Manager stated an Off Agenda Report will be provided; there is an Administrative Instruction /City Manager Instruction regarding said issue; other options will be included; if a Councilmember wishes to place the matter on an agenda, staff will do so. Regular Meeting I 1 Alameda City Council February 1, 2000 (00 -70) Councilmember Johnson stated there have been several appeals lately; the appeal procedure should be reviewed; after an issue is appealed, Council receives a notice that they cannot discuss the matter with people involved; procedure might have been established when Council Hearings were de novo; staff should determine whether it would make sense to allow the City Council to discuss appeals with people they currently cannot communicate with. The City Manager stated Councilmember Johnson is referring to ex parte contact which is proscribed in the current process. Councilmember Johnson responded in the affirmative; stated notices indicate Councilmembers should not communicate with applicants or people directly involved with the project. The City Attorney stated staff will provide a report on the history and options; currently, said communication is prohibited by the Municipal Code. (00 -71) Councilmember Johnson stated as a result of the Planning Board Meeting [on the Catellus Mixed Use Development Draft Environmental Impact Report] on Saturday [January 29, 2000], the issue of establishing a tool library should be reviewed; Berkeley provides said service to help homeowners; the cost of providing tools needed to keep houses in better condition should be reviewed; further stated the City of Berkeley has a site where residents check out tools, basic items, such as ladders. (00 -72) Councilmember Kerr stated that she was pleased to see so many people attend the Planning Board Hearings on the [ Catellus] Draft Environmental Impact Report on Saturday [January 29, 2000]; many people are hopeful about rehabilitating East Housing; the performa from East Bay Asian Local Development Corporation [EBALDC] was millions of dollars too low; the City Manager's staff is working on providing more accurate numbers; the Planning Board asked for a full accounting; the City has entered into an agreement with the Homeless Collaborative which involves financing for various projects and effects what is done with East Housing; the City's course for the property has been pretty much set; the City cannot unilaterally withdraw from its path anymore; there would have to be an Agreement from the Homeless Collaborative to cancel plans; if the City lives up to its agreement, East Housing will have to be demolished. (00 -73) Vice Mayor Daysog stated that he attended the poetry session at the West End Library last week; there was a lot of energy over the idea of having a poet laureate for the City of Alameda; requested staff to research whether the City had a poet laureate in the past; Mayor Appezzato could be encouraged to establish a Regular Meeting 1 2 Alameda City Council February 1, 2000 committee regarding how one might be identified. The City Manager stated staff would provide an Off Agenda Report to identify what other cities have done to establish such a position; predicated on that, Council may wish to take action. (00 -74) Vice Mayor Daysog announced Mayor Appezzato is on the East Coast with his mother who is ill, and also is attending important meetings in Washington D.C. on the Council's behalf. ADJOURNMENT There being no further business, Vice Mayor Daysog adjourned the Regular Meeting at 8:50 p.m. in memory of Recreation and Park Commissioner J.C. Shirriel. Respectfully submitted, Diane B. Felsch, CMC City Clerk The Agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting 3 Alameda City Council February 1, 2000