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2004-03-02 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - MARCH 2, 2004 - - 7:30 P.M. Mayor Johnson convened the regular meeting at 8:11 p.m. ROLL CALL - Present: Councilmembers Daysog, Gilmore, Kerr, Matarrese and Mayor Johnson - 5. Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (04 -082) Cultural Arts Presentation by Poet Laureate Mary Rudge and Alameda City Arts Council. Lisa Piatetsky, Alameda City Arts Council, outlined the role and activities of the City's Poet Laureate and submitted a list of activities to Council. Mary Rudge, Poet Laureate, read a poem she wrote entitled This is the Day. Mayor Johnson thanked Ms. Rudge for serving as the City's first Poet Laureate. Councilmember Kerr thanked the volunteers on the Arts Council. Vice Mayor Daysog thanked the Library Director for coming up with the idea to have a Poet Laureate. (04 -083) Mayor Johnson introduced Professor Koji Kanagawa, Fukuoka Institute of Technology, who was in attendance as part of his visit from Japan. CONSENT CALENDAR Mayor Johnson announced that the recommendation to accept report on banning investments [paragraph no. 04 -085] and the recommendation to endorse revised Legislative Policy Positions [paragraph no. 04- 086] were removed from the Consent Calendar for discussion. Councilmember Kerr moved approval of the remainder of the Consent Calendar. Regular Meeting Alameda City Council 1 March 2, 2004 Councilmember Gilmore seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *04 -084) Minutes of the Special City Council Meeting, the Special Joint City Council, Alameda Public Improvement Corporation and Alameda Public Financing Authority Meeting, and the Regular City Council Meeting held on February 17, 2004. Approved. (04 -085) Recommendation to accept report on banning investments in Corporations that derive any portion of revenues from alcohol, tobacco or gambling. Councilmember Kerr stated the City Treasurer's report highlights some of the problems with restricting investments; noted that she [Councilmember Kerr] would have a long list of items to add [restrict] if the City decided to start limiting investments; however, imposing her own political and philosophical views on the people of Alameda is not necessarily appropriate. Councilmember Matarrese stated that he raised the issue because public health money is spent on alcohol and tobacco related disease; tobacco lawsuit money is spent to mitigate the effect of the product; therefore, investing in said companies seems incongruous; thanked the City Treasurer for the report; inquired how much revenue the Local Area Investment Fund (LAIF) derives and how much investment the fund has in said types of business. Kevin Kennedy, City Treasurer, submitted a copy of the December LAIF report outlining holdings; stated that the investment policy has been tightened since he was elected Treasurer; the 150 level was selected intentionally; limiting investments narrows diversity and could increase the risk or lower the return of the portfolio; the LAIF fund is used for cash management; the City does not have input into how LAIF invests money; activism is best achieved by ownership of companies; however, the City does not own stock in its investment portfolio, does not have voting power and cannot direct decision making; urged Council to maintain the current policy. Councilmember Matarrese stated cities banding together might be a way to influence the investments LAIF chooses. Councilmember Matarrese moved approval of the staff recommendation. Vice Mayor Daysog seconded the motion, which carried by unanimous voice vote - 5. Regular Meeting Alameda City Council 2 March 2, 2004 (04 -086) Recommendation to endorse revised Legislative Policy Positions and to authorize the City Manager to direct the preparation of letters of support or opposition consistent with policies. Councilmember Kerr stated the recommendation needs work; under housing, the policy suggests supporting low- income homeownership programs; however, many homeownership programs provide assistance without subsidy; the City Manager and Mayor would be authorized to send letters unilaterally without a vote of the Council; whether the Council should support funding for the School District would depend on the funding source; suggested that the Council create a list, which could be circulated for review and to provide more explicit language; some topics are too broad. Councilmember Gilmore stated the finance and local control section is not clear whether "legislation supporting a level playing field for internet sales of products" is addressing levying sales tax on internet sales. The City Manager stated the policy positions could be circulated to provide Council an opportunity for closer review; most policies are a reflection of the League of California Cities' positions; the policy allows the City to support or oppose legislation in concert with the League as it is introduced; staff would circulate the policy, allow comment, and circulate a final draft before the matter returns within the next two Council meetings. Vice Mayor Daysog stated lobbying agencies in Sacramento turn to cities to support legislation; often requests are not made with sufficient time for review; in addition to the policy, the Council should consider formulating a strategy to deal with making rushed decisions. Councilmember Kerr stated the League could be a little more prompt in its requests at times; that she would request that the League provide information to cities as soon as possible. The City Manager stated that he would contact the League's Executive Director to explain information is needed more quickly; the level of legislation introduced on a regular basis is challenging. Councilmember Kerr stated bills can be gutted and entirely new bills can be introduced under the same number; with limited staff, the League catches almost every piece of pertinent legislation. Regular Meeting Alameda City Council 3 March 2, 2004 ( *04 -087) Recommendation to accept the work of Buestad Construction for City Hall West Elevator Project, No. P.W. 06 -01 -18 and allocate an additional $35,000 in Community Development Block Grant Funds. Accepted. ( *04 -088) Recommendation to authorize the City Manager to execute a Construction Agreement for the demolition of 2310 Lincoln Avenue (LinOaks), No. P.W. 08- 03 -16. Accepted. ( *04 -089) Resolution No. 13688, "Authorizing the Application for Federal FY 2005 Office of Traffic Safety Funds to Purchase Six Pole - Mounted Radar Speed Displays." Adopted. ( *04 -090) Resolution No. 13689, "Amending Exhibit A - Compensation Plan Established by Resolution No. 13545 to Adjust Benefits Provided to Deputy City Manager Classification Assigned to the Alameda Point Project Manager Position." Adopted. ( *04 -091) Ratified bills in the amount of $3,183,589.71. REGULAR AGENDA ITEMS (04 -092) Resolution No. 13690, "Appointing Margaret McNamara as a Member of the Planning Board." Adopted. Vice Mayor Daysog moved adoption of the Resolution. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office and presented Ms. McNamara with a certificate of appointment. (04 -093) Public Hearing to consider an Appeal of the Planning Board decision to approve Minor Design Review MDR03 -0256 to allow construction of an approximately 360- square -foot, second -story room addition. The property is located at 116 Brunswick Road. Applicant: Todd Meagher. Appellant: Paula Kindrachuk; and (04 -093A) Resolution No. 13691, "Denying the Appeal and Upholding the Planning Board's Approval of Minor Design Review, MD03 -0256 at 116 Brunswick Road." Adopted. The Planner II gave a brief presentation on the project. Mayor Johnson opened the Public Hearing. Regular Meeting Alameda City Council 4 March 2, 2004 Proponents (In favor of appeal) : Paula Kindrachuk, Appellant; Robert Kindrachuk, Appellant; and Nadine Marasti, Alameda. onents (Not in favor of appeal): Todd Meagher, Applicant. Neutral: Lee Harris, Harbor Bay Isle (HBI) Homeowners Association; and Debbie Pollart, HBI Community Architectural Committee. There being no further speakers, Mayor Johnson closed the public portion of the Hearing. Councilmember Matarrese inquired whether the homeowners association's upcoming arbitration on the project has any impact on the Council's decision. The Acting City Attorney responded there is no impact on the City's decision; however, should the City decide to deny the Appeal and the homeowners association comes to a different conclusion, the Applicant would have a conflict with the homeowners association. Councilmember Matarrese inquired whether the project still would have been considered a minor design review if the homeowners association had not approved the project. The Planner II responded in the negative; stated the project would have been a major design review; when the project was presented to the City, the homeowners association had not approved it and it was processed as a major design review; after the homeowners association reviewed the shade study, the City took action [changed the process to minor design review]. Councilmember Kerr stated the view from the Appellant's window would be severely restricted by the addition; the area is crowded. Councilmember Gilmore noted that the Planning Board came to its own conclusions about shading. Councilmember Gilmore moved adoption of the resolution denying the appeal and upholding the Planning Board's decision. Vice Mayor Daysog stated that he would like more information on the impact of the suggestion to move the addition over five feet; without said information, he supports the Appellant. Mayor Johnson seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Gilmore, Matarrese and Mayor Johnson - 3. Noes: Councilmembers Daysog and Kerr - 2. Regular Meeting Alameda City Council 5 March 2, 2004 Councilmember Gilmore stated the Applicant complied with all the standards and did not request any variances; the property owner has property rights and has complied with everything the City requires; if problems persist, the Code or homeowner association's Covenants Conditions and Restrictions should be reviewed. Mayor Johnson stated the Harbor Bay process gives close scrutiny to projects. Vice Mayor Daysog noted the Appellant should keep their view of sunsets. (04 -094) Public Hearing to consider an Appeal of the Planning Board conditioned approval of Planned Development Amendment and a Major Design Review for 3241 Garfield Avenue to allow: 1) the construction of a 150 square -foot single -story rear addition; 2) the construction of a maximum 24 -inch tall deck with an attached hot tub; and 3) the construction of a six -foot fence around the side and rear property lines; and adoption of related Resolution. This site is located within the R -1 -PD, One Family Residence Planned Development Zoning District. Continued to March 16, 2004. (04 -095) Recommendation to approve final design for the Main Library Building. The Library Director gave a brief presentation on the Library design. Mayor Johnson inquired whether there are showers in the library. The Library Director responded in the affirmative; stated the shower is adjacent to the staff restrooms; the Library Building Team and the public are interested in a "green" [environmentally friendly] building and Leadership in Energy and Environmental Design (LEED) certification; LEED has a structured process; points are gained by including various features; to receive the point for alternative transportation credit, there must be long term bicycle parking and a changing and shower room; staff would be encouraged to walk or ride bicycles to work. In response to Mayor Johnson's inquiry regarding points, the Library Director stated both the long -term bike parking and shower are required to receive one LEED point. Mayor Johnson inquired how much the shower would cost to construct, to which the Library Director responded approximately $3,000. Councilmember Kerr inquired why one LEED point would be awarded for Regular Meeting Alameda City Council 6 March 2, 2004 a shower for staff and bike parking for the public. The Library Director responded the point is for encouraging employees to use alternative transportation; the shower is not intended to be public. In response to Councilmember Kerr's inquiry regarding the number of employees at the main library, the Library Director responded 35 to 40 employees. Mayor Johnson inquired how many employees are present at one time, to which the Library Director responded up to 14 employees might be present at one time. Councilmember Matarrese stated spending $3,000 might be worth keeping a car off the street; the public should understand the rationale for expenditures. Councilmember Kerr stated there seems to be an incredible amount of seating for children and a small proportion of seating for adults near the fiction section on the first floor. The Library Director stated additional adult seating is upstairs. Councilmember Kerr noted people browsing fiction like to sit down and read; having children's seating adjacent to the adult fiction seating might not be best since children tend to have different needs than adults; having a quiet area for adults, without children running around, would be nice. The Library Building Team Chair gave a brief presentation on proposed public art for the new library building. Richard Neveln, Alameda, stated drive - through service, a commercial first floor and other innovations should have been considered. Mayor Johnson noted many suggestions were reviewed during the long public process. Jon Spangler, Alameda, stated that the shower cost should be compared to a single parking space, which costs $20,000, and other road maintenance costs; the 1999 Bicycle Plan recommended long -term bicycle parking with shower facilities. Lucy Gigli, Bike Alameda, thanked the Library for including showers and long -term bike parking, which give employees incentive to bicycle to work. Regular Meeting Alameda City Council March 2, 2004 Bill Smith, Alameda, discussed the library. Marilyn Ezzy Ashcraft, Library Building Team, stated the adult seating on the first floor has comfortable, upholstered seating with coffee tables; people can take materials into the caf6; there is a quiet reading room upstairs; noted LEED points would be awarded for use of solar panels, which could save the library $30,000 in energy costs. Councilmember Matarrese moved approval of the staff recommendation. Vice Mayor Daysog seconded the motion, which carried by unanimous voice vote - 5. (04 -096) Recommendation to approve strategy to prepare a Citywide Transportation Master Plan. Councilmember Kerr stated the plan would cost $400,000; money should not be spent until the City knows what will happen at Alameda Point and given the State budget crisis. Mayor Johnson inquired whether the plan would include a range of options for the former base, including the possibility of the land not being conveyed to the City. The Public Works Director responded in the affirmative; stated that he is working with City staff involved with Alameda Point to ensure the Transportation Master Plan (TMP) is consistent with development; the TMP would incorporate whether the base is developed; the cost would be over a four -year period; over $100,000 was authorized in the current fiscal year for staff to work on transportation issues at the TC and Transportation Technical Team level; the proposal is a more coordinated, comprehensive and proactive method, which will be more cost effective. The City Manager noted work must be done on a preliminary basis while negotiations are continuing with the Navy and Master Developer. Mayor Johnson inquired whether transportation studies completed in connection with the former base would be included in the TMP. The Public Works Director responded in the affirmative; noted boards and commissions with interest in transportation would have input. Councilmember Kerr stated $100,000 has been spent and an additional $400,000 would be spent in the next four years; there is a big hole Regular Meeting Alameda City Council 8 March 2, 2004 in the planning [due to Alameda Point development unknowns] and it is not the right time to go forward. The Public Works Director stated the work completed has been through staff working with the TC; the $100,000 allocated for work with the TC has not been spent; the TC believes the best way to spend said money is to begin the TMP; the total cost would be $400,000. John Knox White, Transportation Commission Chair, stated the TC wants to be proactive with development coming forward; a plan needs to be established to dictate transportation needs and goals for planning development; studies being conducted at Alameda Point are going to meet the needs of the TMP; the TMP can be used to update the Transportation Element of the General Plan. Vice Mayor Daysog inquired whether Measure A and high- density housing issues were clear; and how said matter would be treated within any transportation plan. Mr. Knox White responded the TC would step outside of Measure requirement and discussing the purview. would not address anything that A; Measure A is the City's matter is not within the TC's The City Manager stated staff is very clear about adhering to the tenets of Measure A as articulated in the Charter. Richard Neveln, Alameda, stated the Public Transit Committee established a Public Transit Plan; said Plan should be referred to as the TMP is developed; suggested that TC provide monthly reports to the City Council. Bill Smith, Alameda, discussed transportation. Jon Spangler, Alameda, stated the City's Long Range Transit Plan was helpful in keeping transit services in Alameda; the Bicycle Master Plan must be updated for the City to qualify for grant funds; said update will cost $50,000, which is included in the $400,000 budget; development issues related to transportation need to be handled comprehensively. Councilmember Matarrese stated the City has dealt with many transit issues, e.g. preserving AC Transit services and traffic mitigations; now is the time to plan; the money will be well spent. Councilmember Matarrese moved approval of the staff recommendation. Regular Meeting Alameda City Council 9 March 2, 2004 Councilmember Gilmore seconded the motion. Under discussion, Councilmember Gilmore stated residents have been complaining about traffic and speeding on particular streets; when the City takes action to calm traffic on a particular street, it moves to another street and other residents are up in arms; a comprehensive plan is needed for instituting traffic calming measures to ensure a problem is not being created elsewhere and to ensure the load is being balanced throughout the City. Mayor Johnson stated there has not been a uniform approach to transportation issues; transportation issues are very important since Alameda is an island; one of the public's biggest concerns is traffic and transportation. Vice Mayor Daysog stated there have been injuries and deaths due to increased speeding traffic; some streets have been disproportionately impacted by traffic accidents; the Plan that emerges will benefit Alameda Point; the TMP should be judged by its ability to get people out of the single occupancy mode of transit and into alternative modes. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Daysog, Gilmore, Matarrese and Mayor Johnson - 4. Noes: Councilmember Kerr - 1. (04 -097) Recommendation to approve Enhanced Public Notification Procedures. Councilmember Kerr stated a considerable amount of money was spent on newspaper ads; inquired the percent spent on large ads versus mailing to neighbors within 100 feet. The Interim Assistant City Manager responded the amounts were listed in the table attached to the staff report. Councilmember Kerr stated mailing costs are worth the expense; only sending notices to neighbors within 100 feet was ill planned; expanding mailings to 300 feet was important; adding a second story or building in backyards affects neighbors further away than 100 feet; the 20 -day notification is sufficient. Councilmember Gilmore stated the 30 -day notice was difficult for staff; thanked the Senior Clerk for handling the task; inquired whether the 20 -day notice requirement lessens the load on the Planning Department. The Development Review Manager responded in the affirmative; noted Regular Meeting Alameda City Council 10 March 2, 2004 that generally matters under the 30 -day notice category require either more than one hearing or study sessions. Councilmember Gilmore moved approval of the staff recommendation. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON- AGENDA (04 -098) Richard Neveln, Alameda, encouraged the installation of bus shelters and the use of speed bumps to slow traffic. (04 -099) Bill Smith, Alameda, discussed Alameda's resources. (04 -100) Jamie Rosman, Alameda, stated that he is concerned about excessive speeding and wakes on the estuary; the Transportation Commission (TC) addressed the issue; last spring, a speeding boater struck and killed a Grand Marina resident; the boaters would like the City to address the matter with the same level of concern as other traffic calming measures; requested that the City Council place the matter on an agenda. The City Manager noted that City staff has been working with the boating community and would be presenting a report to Council. (04 -101) Jon Spangler, Alameda, stated the TC suggested formation of a task force to address estuary speeding; however, due to lack of funding, other agencies would not agree; additionally, the TC's role is not enforcement; urged Council to provide guidance and include the estuary in the City's circulation plan. In response to Mayor Johnson's question regarding enforcement jurisdiction, the Public Works Director stated Alameda, Oakland and the Coast Guard have shared jurisdiction. The Public Works Director stated the TC recommended a task force be created; other agencies told the Police Department agencies they are not interested in creating a task force; staff suggested signs be provided to marinas regarding wakes. Mayor Johnson inquired whether the Coast Guard participates in enforcement on the estuary, to which the Public Works Director responded the Coast Guard has the authority, but is not active in enforcement. (04 -102) Elaine Lutz, Grand Marina, stated that she introduced the Regular Meeting Alameda City Council 1 1 March 2, 2004 wake issue to the TC last year; the issue has been ongoing; last summer, the City's Police boat was used to enforce laws on the estuary, which was very successful; last spring, the Marina began repairs on the outer dock on the estuary and uncovered damage from wake stress; City staff directed her to approach the TC to request expanded enforcement of wake laws and traffic calming measures, such as signs; the TC studied the issue and offered signs to marinas, which will be very helpful; the City of Alameda is the only agency doing anything about wake enforcement; requested the Mayor and Council to encourage other agencies to get involved in enforcement of wake laws. Mayor Johnson stated the City of Alameda should not have sole responsibility; suggested reviewing whether there is funding for enforcement on waterways. The City Manager stated suggesting an increase in a particular service is difficult when the City might face layoffs; that he is disappointed in other agencies; the City does not have funding to address the matter alone. Vice Mayor Daysog requested the report to Council include the amount of fines for speeding on the estuary. Councilmember Kerr stated destruction on land would be addressed; since destruction is on the water, it has not received attention; destruction of taxpayers' property by lawbreakers is a serious matter, which should be addressed. Ms. Lutz stated several Coast Guard boats and the Alameda County Sheriff's boat patrol the estuary every day. Mayor Johnson inquired whether said boats are active with enforcement, to which Ms. Lutz responded in the negative. COUNCIL COMMUNICATIONS (04 -103) Councilmember Matarrese stated that he has heard concerns about people affixing yard sale signs on public property; requested a report on the matter. The City Manager stated a report would be provided. Mayor Johnson inquired whether there is a fine, to which the City Manager responded fines would be included in the report. Regular Meeting Alameda City Council 12 March 2, 2004 ADJOURNMENT There being no further business, Mayor Johnson adjourned the regular meeting at 10:43 p.m. Respectfully submitted, Lara Weisiger City Clerk The Agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council 13 March 2, 2004