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2007-07-17 SubmittalsRECEIVED AGENDA ITEM #5 -B CITY COUNCILZIMl 07/17/@r CLERKtS OFF CE NORTH WATERFRONT GENERAL PLAN AMENDMENT Members of the City Council: The issues in implementing the work/live ordinance in the Del Monte building which were described to you in the packet for the June 19.2007 meeting remain unanswered. Although a month has passed since the NWGPA was postponed, the Planning and Building staff has not taken any action to correct the misuse of the work/live ordinance at the Clamp /Swing building. Indeed the error has been compounded in the staff report for the Del Monte building. In several places the recommendation is to keep "M -2 zoning designation which has the advantage of conditionally permitting Work//Live." No protection for the surrounding neighborhood, which is entirely residential, has been added. As it stands now, the area not in Work/live in the Del Monte building could be designated a Zen meditation center with no parking required. Then, as soon as a Use Permit is obtained, a Target could be moved in with no parking requirement at all. This is the pattern which was done at the Clamp Swing building. While this may be in accordance with a few other requirements of Chapter 30 of the AMC, it is a direct violation of several sections of the Work/Live ordinance. I detailed these in my letter to the Council for the 6/19 /meeting. They were the "golden rule" provisions that required that uses in Work/Live buildings not cause deterioration in the surrounding neighborhood. Barbara Kerr President, Northside Association barbkerrmindspring.com 522 -0126 07/12/07 Re: Agenda Item #5 -B 07 -17 -07 NWGPA Page 8 Add the following sentence to D -M 6 There will be sufficient parking for the development of the Del Monte building so that the parking will not overflow onto the streets of the adjacent residential neighborhood and Littlejohn Park. Submitted by Barbara Kerr at the 07 -17 -07 Council Meeting Re: Agenda Item #5 -B July 9, 2007 Craig Anderson 2165 San Jose Avenue Alameda, CA. 94501-4915 Ms. Lara Weisiger City of Alameda Office of the City Clerk 2263 Santa Clara Avenue Room 380 Alameda, CA. 94501-4477 Dear Ms. Weisiger, JUL 1 ' ?Q07 CITY OF ALAMEDA CITY CLERK'$ OFHCE P^^ Referencing your letters of June 7, 2007 and June 27, 2007, I am hereby writing to inform you of numerous previous attempts to address and resolve the issue of waste management service at 2165 San Jose Avenue with ACI. I am enclosing a letter, dated September 7, 2006 to Ms. Maria DiMeglio requesting resolution of this matter. All efforts to bring attention to this issue via telephone calls, contacts and correspondence to both ACI and the City of Alameda Public Works Department have been unsuccessful. To date, ACI has refused to pay any attention to the pleas and requests made to them to solve this problem and no response was ever provided to us to the letter written to Ms. DiMeglio nearly one year ago. Despite our tremendous recent hardships and serious family matters, we made a very concerted effort to contact ACI numerous times in order to resolve this matter. Of all the different personnel who were contacted, no one, not even the supervisor, Anna Maria paid any attention to our situation or assisted us in any manner. Now we have to endure being threatened by our City government! This is truly sad and upsetting. As long time residents and property owners of Alameda, we are frankly very disappointed in our City government and the negative treatment that we have received. It is shameful that instead of listening to us and aiding us, our City government engages in tactics, which are high- handed, disrespectful and abusive. Since the letter sent to Ms. DiMeglio in September of 2006, ACI has relentlessly continued to bill us for services that have not been rendered, as well as adding fees and penalties to the amount demanded for payment. The last billing statement from ACI, dated 4/1/07, demands payment for a balance of $512.45. According to your letters, the total amount that ACI is now demanding us to pay is $588.2. This is most definitely false and fraudulent billing since it does not constitute ANY services provided by ACI at this address and therefore, any demands for payment are not valid. No refuse or recycling matters were ever put out for pick up by ACI since there was no refuse or recycling generated at this address. Despite numerous requests for a low- income application for which we are eligible, none was ever sent or provided to us by ACI. Instead, ACI Re: Agenda Item #5 -C 07 -17 -07 randomly chose to drop -of a 32- gallon receptacle on the street in front of the property only after a supervisor, Anna Maria, was notified in July of 2006 that we did not even have any receptacles at the property. We did not want any receptacles until we needed them upon our return. It is important to note that ACI was continually charging us fees as well as penalties and demanding payment even before we were provided with this 32 -gallon receptacle at the end of July 2006. The 32 -gallon receptacle has never been used and remains at the side of the property in its original new condition. As was requested in the letter of September 7, 2006 sent to Ms. DiMeglio, we are, once again, requesting that this matter be addressed and resolved by the City of Alameda immediately. We fully expect that the following actions be taken: 1. The total amount of $588.2, as is indicated in your letter, inclusive of all charges, fees and penalties be reversed for a total balance of $0.00 for this property due to no service provided at any time by ACI. 2. ACI be directed to stop issuing bills, assessing fees and penalties and to cease their threats and demands for payment of services that have not been and are not being rendered. 3. The City of Alameda and ACI stop threatening us to levy the charges for garbage and recycling pickup to our property tax fees. 4. The low - income application form be provided to us immediately as was previously requested from ACI numerous times. 5. Garbage and recycling service be suspended for this address until the property owners return and initiate service. We have patiently waited for City employees and the employees of ACI, a company that the City has hired, to do their jobs, to assist us and to resolve this matter in a proper, good faith and professional manner. We resent and object to being wrongfully accused of avoiding to pay large bogus charges by ACI. We are tired of being ignored, mistreated, harassed and threatened. The actions taken by both the City and ACI have targeted us and smeared our good name and reputation in our small community. We are honest people who always pay their bills and we certainly do not appreciate being treated with such disregard and disrespect. It is our sincere hope that the City of Alameda staff will take the time to read these letters, address this issue in its entirety and resolve this matter completely prior to the public hearing to be held on Tuesday, July 17, 2007. We appreciate your prompt attention to this matter. Sincerely, Attachment: Letter to Ms. DiMeglilo, dated September 7, 2006 cc: The Honorable Mayor Beverly Johnson City Attorney Public Works Director 2 September 7, 2006 Craig Anderson 2 165 San Jose Avenue Alameda, CA. 94501-4915 Ms. Maria DiMeglio City of Alameda Public Works Department Alameda Point, Building 1 950 West Mali Square, Room 110 Alameda, CA. 94501-7575 Dear Ms. DiMeglio, As a follow up to our telephone conversation on Wednesday, August 30, 2006, I am hereby writing to you regarding garbage and recycling pick up service at 2165 San Jose Avenue in Alameda. As was discussed with you in detail, the owners of this property, Mr. and Mrs. Anderson, have been away due to serious family matters. I am presently taking care of their affairs in their absence. The property has not been occupied and has not been rented. Therefore, no garbage or recycling materials have been generated at this address and no pick up service of any such materials has been provided by ACI at this address. Furthermore, no garbage or recycling receptacles were provided to this address until very recently, and only after a woman by the name of Anna Maria of ACI was made aware of this fact via a telephone message left for her on her phone on July 13, 2006. One 32- gallon receptacle was left on the street in front of the property sometime around the end of July 2006. It was unclear who this receptacle belonged to, but when it sat on the street for several days, the assumption was made that this container was left for this address as a result of the telephone message left for Anna Maria of ACI apprising her of the situation. This receptacle has not been used to this day. Curiously and interestingly, charges have been made for service, and fees and penalties have been assessed for a total of $238.70 from January 2006 to date for this address. An explanation is requested from you regarding exactly how garbage and recycling was supposedly picked up at this location without any garbage and recycling containers and receptacles provided by ACI especially since no garbage and recycling was generated at this location at all ! ? How can charges be assessed when no service was rendered? As was discussed and indicated to you, for the past several months, numerous telephone calls and contacts have been made to ACI with detailed explanations about the situation at this address. Many requests and pleas have been made to various individuals at ACI in a concerted and sincere effort to resolve this matter. To date, no one from ACI has provided us with ANY assistance whatsoever. In fact, ACI personnel have ignored every request and every contact that has been made to them by us. They have instead continued to add fees and penalties without providing any solutions. Additionally, as was mentioned to you, repeated requests for an application form for low - income property owners has been completely ignored and disregarded by ACI personnel and to date, this form has not been sent to us. This is indeed a very disturbing pattern in and of itself. One has to wonder what the tax paying residents and property owners of the City of Alameda are forced to contend with as ACI does not appear to be conducting business in a proper, good faith, honorable and honest manner. Even though there is a City of Alameda Ordinance requiring waste pick -up at each property, the request has been made several times that an exception be made and an exemption be granted for 2165 San Jose Avenue, on the basis of the fact that the property is not occupied due to the special circumstances that the owners are experiencing. Furthermore, the present Ordinance pertaining to this issue appears to be very narrow in its scope. Perhaps this Ordinance should be amended and broadened in order to address the needs of the community more comprehensively and take into account circumstances beyond the control of a property owner. Filing the 'Vacant Property Exemption' form, which ACI gives to property owners in cases of limited vacancies, does not appear to be applicable in this situation. This form requires proof that no water or power is used at the property in order to grant a limited exemption of only 30 days for waste pick -up service. This form does not apply to this situation and this issue was discussed at length with the ACI personnel numerous times. In order to avoid deterioration of the property and to prevent the vegetation from dying in their absence, the owners elected to keep the sprinkler systems active. The plants, shrubs and lawns are, therefore, watered regularly. Additionally, for safety reasons, electricity is used to maintain the appearance of activity at this address. Therefore, the owners cannot factually and truthfully submit the very narrowly defined and limited 'Vacant Property Exemption' form to the City of Alameda. It is most certainly hoped that the City of Alameda does not encourage homeowners to neglect the appearance and the safety of their properties by not maintaining them and therefore, promoting deterioration and blight in neighborhoods. The Andersons should be commended for their efforts to maintain a well -kept appearance at their property even though they are not present at the site. It is truly inappropriate, unconscionable, unethical and illegal to keep charging property owners for services that they have not and do not receive. It is unfair and wrong to punish innocent, responsible, tax paying and law abiding residents by continually charging them with unjustified and false fees and penalties and threatening them with legal action for no wrongdoing. These actions are especially cruel and mean - spirited when targeted at people who are already dealing with very difficult and challenging situations as the Andersons have been going through. One has to seriously wonder how many other residents of this community have been put through such an ordeal without just cause. Alameda has been a small and caring community. Whatever happened to the community and humane spirit of our city? It makes people in this city feel that no one in 2 their goverment is listening to them or caring about them. This is not the way the City of Alameda should be treating its residents. It is requested that the following actions be taken immediately regarding the situation with ACI at 2165 San Jose Avenue: 1. The total amount of $235.70, inclusive of all charges, fees and penalties be reversed by ACI for the total balance of $0.00 for this property due to no service provided. 2. ACI be directed to stop issuing bills, assessing fees and penalties and to cease their threats and demands for payment of services that have not been and are not being rendered. 3. ACI be directed to stop threatening the property owners to levy the charges for gar s.: ! e and recycling pickup to their property tax fees. 4. The low- income application form be provided to the property owners immediately as has previously been requested from ACI numerous times. 5. Garbage and recycling service be suspended for this address until the property owners return and initiate service. The City of Alameda should conduct a thorough investigation of ACI regarding its questionable business practices, its very poor customer service and its total lack of assistance to the property owners. It is imperative and crucial that such inferior service, lack of cooperation and uncaring attitudes from ACI towards the residents of the City of Alameda are addressed and corrected promptly. Thank you very much for your kind assistance and attention this matter. It is hoped that you will finally address this issue and provide us with a quick and proper resolution. Very sincerely, Mrs. Martin For Mr. and Mrs. Anderson 3 CITY o f ALAM E DA Memorandum To: Honorable Mayor and Member of the City Council From: Debra Kurita City Manager Date: July 17, 2007 Re: Hold a Public Hearing to Adopt a Resolution Authorizing Collection of Delinquent Integrated Waste Management Accounts by Means of the Property Tax Bills Attached is the updated lien list for the subject City Council action. Provided by Public Works Director at the 0747-07 Council Meeting Re: Agenda Item #5-C 1 2 3 APN Number 072 - 029700300 069 - 009504500 074 - 103911700 Pro • e Owner Name JONES PAMELA Service Address 1730 BUENA VISTA AVE LEVERTON PATRICIA LEVERTON, PATRICIA J. 3261 CENTRAL AVE Balance $ 544.37 $ 601.83 Interest $ 32.66 $ 36.11 Admin Fee $ 35.00 $ 35.00 Filin • Fee $ 10.00 10.00 Total $ 622.03 $ 682.94 4 5 074 - 046301200 071 - 025001400 CID MATTHEW DUNCAN 301 LAGUNARIA LN 319 LINCOLN AVE DULCY, KELLY 2045 LINCOLN AVE $ 547.10 $ 547.10 $ 411.31 6 7 073 - 041700800 074 - 046901100 CHIN, SAMUEL Y. BROWN, CLARENCE F. 729 PACIFIC AVE #A 231 SANTA CLARA AVE $ 506.57 369.36 8 9 10 11 12 13 14 15 16 17 18 19 074 - 125509200 074 - 123507100 070 - 017402800 072 - 030200900 074 - 123500400 073 - 039701503 073 - 038301700 074 - 132106800 071- 023900700 072- 029300400 073 - 042200400 073 - 041700800 GRAHAM, JANICE HALL, DARRELL MADLUNG, JOANNE SINGER, M.A. WOODLIFF, WAYNE A SR C LA YTO R W G I I I 1810 CLINTON AVE #A 2004 CLINTON AVE 1204 REGENT ST 1723 CENTRAL AVE #5 628 SANDALWOOD ISLE 1303 CAROLINE ST $ 601.83 $ 783.47 $ 261.08 $ 434.47 625.30 $ 434.47 KASO JOHN & E K OTTO, JAMES & SALLY 1808 CHAPIN ST 206 PUDDINGSTONE RD $ 599.96 $ 457.63 32.83 $ 32.83 $ 24.68 $ 30.39 $ 22.16 $ 36.11 $ 47.01 $ 15.66 $ 26.07 $ 37.52 $ 26.07 $ 36.00 $ 27.46 $ 35.00 $ 35.00 $ 35.00 $ $ $ 35.00 35.00 35.00 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 1 0.00 ANDERSON, CRAIG & SHABNAM OYEN. NICHOL BAIRD, MARK 2165 SAN JOSE AVE 1900 MINTURN ST 735 TAYLOR AVE 20 21 22 23 071- 023302800 074 - 125509200 072 - 036701600 CHIN, SAMUEL Y. YU, SHERRY & LISA GRAHAM, JANICE 729 PACIFIC AVE #C 1608 WILLOW ST #C 1810 CLINTON AVE #B $ 512.45 $ 523.94 $ 500.78 457.63 $ $ 411.31 $ 411.31 STROUD, JENNIFER 1606 BAY ST #A $ 523.94 24 25 26 27 071 - 027402300 071 - 023302800 074 - 107605300 073 - 039101100 070 - 015100100 DAUGHERTY, SHANELL WILLIAMS, SUZANNE YU, SHERRY & LISA 470 PENSACOLA LANE 1820 ENCINAL AVE #A 1608 WILLOW ST #D $ 288.20 $ 126.31 $ 433.50 SOARES, HENRY 3336 SOLOMON LN 173.22 $ 30.75 $ 31.44 $ 30.05 $ 27.46 $ 24.68 $ 24.68 $ 31.44 $ 17.29 $ 7.58 $ 26.01 $ 10.39 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 28 29 30 31 074 - 044305100 073 - 039106300 071 - 024700300 PRINCE, FREDERICK 1019 TAYLOR AVE AVOI, MELE F. LOPEZ, EMILY N. TODD, VANESSA 1256 BROADWAY 743.47 $ 434.47 $ 44.61 $ 26.07 35.00 $ 35.00 $ 10.00 $ 10.00 $ 624.93 $ 624.93 $ 480.99 $ 581.96 $ 436.52 $ 682.94 $ 875.48 $ 321.74 $ 505.54 707.82 $ 505.54 $ 680.96 $ 530.09 $ 588.20 $ 600.38 $ 575.83 $ 530.09 $ 480.99 $ 480.99 $ 600.38 $ 350.49 $ 178.89 $ 504.51 $ 228.61 $ 833.08 $ 505.54 14165TH ST 944 SANTA CLARA AVE 434.47 126.31 QI, KEVIN 2065 ALAMEDA AVE #A 32 073 - 042301301 ABBOTT, WILLIAM 735 CENTRAL AVE $ $ 457.63 252.12 $ 26.07 $ 7.58 $ 27.46 $ 15.13 $ 35.00 $ 35.00 $ 10.00 $ 505.54 $ 35.00 $ 35.00 $ 10.00 $ 10.00 $ 10.00 $ 178.89 $ 530.09 $ 312.25 $ 14,536.91 $ 872.21 $ 1,120.00 $ 320.00 $ 16,849.12 Resolution From Ad Hoc committee on 6/07/2007 The committee will solicit public suggestions for forum speakers to present on the facts, limitations, and /or benefits of Measure A, in the context of transportation and the Housing element. Public suggestions will be submitted in writing or email to Cathy Woodbury, with name, contact information, and interests, experience and/or qualifications. The committee will select speakers from this list of suggestions by consensus. If, after a period of discussion at the next meeting, consensus cannot be reached on speaker selection, the Planning Board ad -hoc committee members will select half the speakers, and the appellants will select the other half. The speakers will speak on issues suggested by the committee, or any other relevant issues. Submitted by Barbara Kerr at the 07 -17 -07 Council Meeting Under Oral Communications