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2004-06-15 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - JUNE 15, 2004 - - 7:30 P.M. Mayor Johnson convened the regular meeting at 8:13 p.m. ROLL CALL - Present: Councilmembers Daysog, Gilmore, Kerr, Matarrese and Mayor Johnson - 5. Absent: None. AGENDA CHANGES (04 -285) Mayor Johnson announced that the Presentation to Finance Director, Zenda James would be combined with the Resolution Recognizing and Expressing Appreciation [paragraph no.04 -300] and the Resolution of Necessity to Acquire Property by Eminent Domain [paragraph no. 04 -307] would be continued to the July 6, 2004 Regular City Council Meeting. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (04 -286) Proclamation recognizing contributions to the City by our Gay and Lesbian Citizens and encourage the community to recognize these contributions, particularly during the month of June, Gay Pride Month. Mayor read and presented proclamation to Sally Anne Monti and Mickey Neil, and David and Andrew Gunderman. CONSENT CALENDAR Mayor Johnson announced that the Resolution Certifying the Final Focused Environmental Impact Report for the New Alameda Free Library Project [paragraph no.04 -297] would be removed from the Consent Calendar for discussion, and the Resolution of Necessity to Acquire Property by Eminent Domain [paragraph no. 04 -307] would be continued to the July 6, 2004 Regular City Council Meeting. Councilmember Kerr moved approval of the remainder of the Consent Calendar. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. [Items so adopted or enacted are indicated by an asterisk preceding the paragraph number.] ( *04 -287) Minutes of the Special City Council Meetings and the Special Joint City Council, Housing Authority Board of Regular Meeting Alameda City Council 1 June 15, 2004 Commissioners and Community Improvement Commission Meetings of May 20, 2004 and May 27, 2004; the Special and Regular City Council Meetings held on June 1, 2004; and the Special City Council Meetings held on June 3, 2004 and June 8, 2004. Approved. ( *04 -288) Recommendation to award Contract for Legal Advertising for Fiscal Year 2004 -05. Accepted. ( *04 -289) Recommendation to award Contract in the amount of $298,565, including contingencies, to Bosco Oil Inc., dba: Valley Oil Company for Annual Fuel Delivery to various locations within the City for Fiscal Year 2004 -2005, No. P.W. 03- 04 -04. Accepted. ( *04 -290) Recommendation to adopt Plans and Specifications and authorize Call for Bids for the Crosswalk In- pavement Lights to serve Donald Lum Elementary School, Haight Elementary School, Wood Middle School and Chipman Middle School, No. P.W. 01- 04 -01. Accepted. ( *04 -291) Recommendation to accept Residential Phase 2 Demolition Improvements and authorizing the City Manager to enter into a Subdivision Improvement Agreement with Catellus Residential Group (Developer) for Tract 7511; and ( *04 -291A) Resolution No. 13724, "Approving the Final Map and Accepting Certain Easement Vacations Lots)." Adopted. Dedications and Offers of Dedications and for Tract 7511 (Block D and E 155 Individual ( *04 -292) Resolution No. 13725, "Approving the Final Map for Tract 7501, Including Establishment and Acceptance of Certain Easements, and to Execute a Subdivision Improvement Agreement with Resources for Community Development (Subdivider ") for Tract 7501 and Accept Relations Bonds." Adopted. ( *04 -293) Resolution No.13726, "Amending the Conflict of Interest Code by Amending Paragraph Two of Resolution No. 9460 Relative to Disclosure Positions and Disclosure Categories and Rescinding Resolution No. 13597." Adopted. ( *04 -294) Resolution No.13727, "Approving Interim Expenditures Prior to Adoption of Operating Budget for Fiscal Year 2004 - 2005." Adopted. ( *04 -295) Resolution No.13728, "Reappointing Marc Lambert to the Bay Area Library and Information System (BALIS) Advisory Board." Adopted. Regular Meeting Alameda City Council 2 June 15, 2004 ( *04 -296) Resolution No.13729, "Requesting and Authorizing the County of Alameda to Levy a Tax on All Real and Personal Property in the City of Alameda as a Voter Approved Levy for the General Obligation Bonds Issued Pursuant to a General Election held November 7, 2000." Adopted. (04 -297) Resolution No.13730, "Certifying the Final Focused Environmental Impact Report for the New Alameda Free Library Project - Property Acquisition for Parking (State Clearinghouse #2004 - 022 - 105)." Adopted. Marilyn Ezzy Ashcraft, Library Building Team, thanked the Council for their support; stated that a surface parking lot provides a logical, efficient traffic flow; a two -story lot on the LinOaks site would be partially below grade which would result in significant engineering challenges because of the high water table in Alameda; surface parking provides better security and preserves the opportunity to turn Times Way into a pedestrian walkway; the Library Building Team wants to see Gim's Chinese Kitchen continue to be in business. Anna Naruta, Oakland, submitted a letter and an article providing information on the Gim's building dating back to the 1860's; stated the Environmental Impact Report (EIR) is inaccurate and incomplete in its evaluation of the historical resource and mitigation measured proposed. Christopher Buckley, Alameda Architectural Preservation Society (RAPS), stated that the EIR does not fully disclose the environmental consequences and is inadequate; that there are underground hazardous substances due to fuel leaks at the neighboring gas station; the State Department of Toxic Substance Control (DISC) recommended a Phase II study be performed and included in the final EIR along with any remedial actions; that said action should be completed prior to determining whether to acquire the Gim's property; that AAPS's project alternatives recognize the need for 66 parking spaces with 47 to 49 spaces in a surface lot on the existing site rather than the garage; the EIR stated that there is room for 49 spaces; the remaining 17 to 19 would be on neighboring sites; the final EIR misunderstood AAPS's alternatives to mean that all 66 spaces would be on neighboring site. Vice Mayor Daysog inquired whether staff misunderstood the parking space issue. The Planning Manager responded that the final EIR addresses the alternatives for a 66 -space lot in several locations; the staff Regular Meeting Alameda City Council 3 June 15, 2004 report analyzes whether or not 17 spaces could be placed in some alternate locations and determined that another location would not meet the project objectives because it would not provide 66 spaces on site; the only adjacent property that could meet the objectives would be the Times Star parking lot which would require a parking structure. Elizabeth Krase, RAPS, stated that she opposed the change in the Library's plans to build a surface - parking garage. Randy Horton discussed environmental issues; requested Council to reconsider the purchase of Gim's Chinese Kitchen due to the unknown contamination of the property. Betsy Mathieson, Alameda, stated that she opposed surface parking. Robb Ratto, Park Street Business Association (PSBR), stated that the parking structure creates additional traffic problems; PSBA's official policy is that there is no opposition to the parking structure. Mayor Johnson called a recess at 8:40 p.m. and reconvened the Regular City Council Meeting at 8:42 p.m. The Planning and Building Director stated that the City understands that the mitigation alone would not adequately reduce the impacts of the potential demolition to a less than significant level; the EIR concludes that with all the proposed mitigation measures, impacts of the potential demolition of the structure would still remain significant and unavoidable; that with regard to the proposal to relocate the building, the mitigation measure would not be adequate to reduce the impacts to a less than significant level; the certification of the EIR does not commit the Council to any course of action. The Library Project Manager stated a Phase II environmental report has not been ordered because the subject site is not in the City's control; the Phase II environmental report for the LinOaks site indicates that the site is clear. Vice Mayor Daysog stated that there are varied numbers regarding the cost of the parking structure or parking lot; that Council cannot make sound decisions until definitive numbers are given. Councilmember Matarrese moved adoption of resolution. Regular Meeting Alameda City Council 4 June 15, 2004 Councilmember Kerr stated that the EIR is not an authorization for demolition; one end of Times Way could be used as parking with an exit on Lincoln Avenue; that she would like to see alternatives to demolishing historic properties; concurred with Vice Mayor Daysog regarding the need for accurate numbers. Councilmember Gilmore seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Gilmore, Kerr, Matarrese and Mayor Johnson - 4. Abstentions: Vice Mayor Daysog - 1. ( *04 -298) Ratified bills in the amount of $ 3,040,343.02. REGULAR AGENDA ITEMS (04 -299) Resolution No.13731, "Appointing Amanda Flores Witte as a Member of the Social Service Human Relations Board." Adopted. Vice Mayor Daysog moved adoption of the resolution. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath and presented a certificate of appointment to Ms. Flores Witte. (04 -300) Resolution No. 13732, "Recognizing and Expressing Appreciation to Zenda James for Fifteen Years of Dedicated Service as the City of Alameda Finance Director." Adopted; and (04 -300A) Presentation of the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting to Finance Director Zenda James for the City of Alameda's Comprehensive Annual Financial Report for the Fiscal Year ending June 30, 2003. Noel Folsom, Alameda, stated that the Finance Director served professionally and has the ability to make complex issues seem understandable. Councilmember Kerr stated that she was sorry to see the Finance Director leave; that questions have always been answered completely, accurately and thoroughly. Mayor Johnson read the Resolution and Certificate of Achievement. Adoption of the he resolution carried by consensus - 5. (04 -301) Recommendation to appoint Oakland Chinatown Advisory Regular Meeting Alameda City Council 5 June 15, 2004 Committee representatives. Mayor Johnson stated that she received a call from an Oakland Councilmember regarding the committee; Oakland prefers to have elected representatives serve on the committee, however, plans to nominate non - elected members. Councilmember Kerr stated that she is concerned about having elected officials serve because the committee could end up becoming a general discussion committee. Mayor Johnson stated parameters set the scope of the committee. Councilmember Kerr stated two Councilmembers serving on a committee could reach an agreement and only one more vote would be needed to confirm the agreement; that she is not happy with that arrangement. Mayor Johnson noted two Councilmembers attend School District meetings; issues discussed are always brought back to Council. Councilmember Matarrese stated he would oppose appointment of elected officials if discussions could be made on other issues. Mayor Johnson noted that she and Vice Mayor Daysog meet periodically with Councilmembers from Oakland to discuss issues that involve both cities. Councilmember Gilmore stated that an alternative could be to appoint one Councilmember and one non - elected individual. Councilmember Kerr stated that she would like to see individuals with traffic and financial expertise appointed. Mayor Johnson stated Council should select non - elected members to serve on the committee; that Sherri Stieg and Aidan Barry have been recommended to be on the committee. Councilmember Kerr stated that she was concerned with having anyone with financial interests on the committee. Mayor Johnson requested Council to provide her with suggestions for committee members prior to the matter returning at a future Council meeting. (04 -302) Resolution Residential Rebate of Impact Fee for Fiscal No. 13733, "Extending the Single- Family the Solid Waste and Recycling Infrastructure Year 2004 - 2005." Adopted. Regular Meeting Alameda City Council 6 June 15, 2004 Councilmember Gilmore moved adoption of resolution. Vice Mayor Daysog seconded the motion. Under discussion, Councilmember Kerr stated that mitigation and rebate is only given to residents living in single- family dwellings; seniors live in multiple -unit dwellings; single- family residential districts are least able to handle the weight and hardware of the recycling trucks and will be damaged the most. 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 -303) Public Hearing to establish Proposition 4 Limit (Appropriation Limit) for Fiscal Year 2004 -05; and (04 -303A) Resolution No.13734, "Establishing Appropriations Limit for Fiscal Year 2004 -05." Adopted. Mayor Johnson opened the public portion of the Hearing. There being no speakers, Mayor Johnson closed the public portion of the Hearing. Vice Mayor Daysog moved adoption of the resolution. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. (04 -304) Resolution No. 13735, "Approving Engineer's Report, Confirming Diagram and Assessment and Ordering Levy of Assessments, Maintenance Assessment District 01 -01 (Marina Cove)." Adopted. Councilmember Kerr moved adoption of the resolution. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. (04 -305) Resolution No. 13736, "Approving Engineer's Report, Confirming Diagram and Assessment and Ordering Levy of Assessments, Island City Landscaping and Lighting District 84 -2." Adopted. Councilmember Gilmore moved adoption of the resolution. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. Regular Meeting Alameda City Council 7 June 15, 2004 (04 -306) Public hearing to consider appeals of the Planning Board approval of a Use Permit to allow the conversion of a 15,840 square foot industrial building at 2515 Blanding Avenue into seven work /live studios with associated parking and landscaping; and adoption of related resolution. The site is located within the M- 2, General Industrial Zoning District. Applicant: Janet Koike for Cal Vita LLC. Appellants: Ed Murphy and Pat Bail. [Continued to July 6, 2004.1 The Supervising Planner gave a brief presentation on the project. Mayor Johnson opened the public portion of the Hearing. Proponents (In favor of appeal): Michael Kahn, Applied Engineering and Production; Dorothy Boynton, Alameda; Len Grzanka, Alameda; Joseph Wood, Attorney representing Matthew Murphy; Marlene Kerr, Alameda; Jon Janes, Allied Engineering and Production; Pat Bail, Appellant; Helena Lengel, Alameda; and Barbara Thomas (former Councilmember). Opponents (Opposed to appeal): Melissa Harmon, Alameda; Charlene Milgrim, Alameda; Tom Matthews, Renewed Hope; Joan Konrad; Robin Gianattassio- Malle; Lee Smith (deferred time to Stuart Flashman); Pamela Nishiyama, Alameda; Margot Lederer; Robert Bell, Alameda; Carolyn West, Alameda; Barbara Krummel, Alameda; Jon Spangler, Alameda; Stuart Flashmall; Mark Schiess (deferred time to Janet Koike); Michael Schiess, Alameda; and Janet Koike, Applicant. There being no further speakers, Mayor Johnson closed the public portion of the Hearing. Jon Janes, Allied Engineering, stated the Planning Board exempted the project under California Environmental Quality Act (CEQA) regulations Section 15303; environmental concerns dealing with the noise have been ignored; that the Planning Board exempted the conversion under Section 15303B or C; Section 15303B addresses conversion of the building from one use to a six -unit residential use in an urbanized area; that the project is for seven units and does not fall within the CEQA regulation; that by the Work -Live Ordinance, the project does not deal with residences thereby making said section inapplicable to the conversion; Section 15303C addresses conversion of an existing unit to a commercial use; the unit must have 10,000 square feet or less in an urbanized area; the unit has 15,800 square feet and does not fit within the exception; Allied Engineering requests Council to initiate an environmental Regular Meeting Alameda City Council 8 June 15, 2004 study to determine the impact that the noise in the existing area will have on the residents of these units; notice should be given to that effect. The City Attorney stated that the actual CEQA exemption is Section 15332, which addresses infill development projects. The Supervising Planner stated that one of the regulations of the Work -Live Ordinance requires occupants be notified about noise. In response to Councilmember Kerr's inquiry about the 10,000 square -foot limitation, the Supervising Planner stated that a categorical exception under CEQA was used; however, that is not the section that the Planning Board used to exempt the particular project; the section used does not have said [10,000 square -foot] limitation. Councilmember Kerr inquired whether the Planning Board did not depend upon the section of CEQA [Mr. Janes addressed] when the project was approved, to which the Supervising Planner responded that Section 15332 was used by the Planning Board to make its finding. Mr. Janes stated the April 27 Notice of City Council Public Hearing states: "Staff has determined that this project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303;" that he would like to reserve a written response to the Section 15332 exemption. Mayor Johnson inquired whether there was a notice problem. In response to Pamela Nishiyama's comments regarding drug and prostitution activity in the area, Councilmember Kerr inquired whether the area was a red light district. Ms. Nishiyama responded that a couple of homes are questionable on Clement Avenue; stated more people living in the area would result in better monitoring of activity. Councilmember Kerr inquired whether Ms. Nishiyama contacted the Police Department on the questionable dwelling units, to which Ms. Nishiyama responded in the affirmative. In response to Mayor Johnson's inquiry about whether Ms. Nishiyama was certain of the activity, Ms. Nishiyama responded that she suspects prostitution activity. Mayor Johnson suggested that Ms. Nishiyama provide Council with Regular Meeting Alameda City Council 9 June 15, 2004 information regarding the activity. Vice Mayor Daysog stated that he was shocked to hear about said type of activity; enforcement is needed. Mayor Johnson requested that the City Attorney address the notice issue. The City Attorney responded that the Notice of Hearing stated that the staff determined the project to be categorically exempt under Section 15303; the notice was to meet the expanded noticing provision required by the Council; the notice was not required under CEQA and is not a basis for appeal; Mr. Janes has requested that the Hearing be held over for two weeks in order to provide him with an opportunity to address the code section; in order to avoid any possible process argument, she suggests Mr. Janes's request for continuance be met in order to allow him to address the applicable, categorical exemption section. Councilmember Kerr inquired whether Matthew Murphy filed a lawsuit in 1998, to which the City Attorney responded that she would provide an off agenda report on the matter. Councilmember Gilmore inquired whether the Council would be addressing only the CEQA section at the July 6, 2004 City Council Meeting. The City Attorney responded that the Council could request that the speakers stand on their testimony which would be consider as part of the decision; under the Brown Act, the public cannot be prohibited from speaking but can be requested not to speak twice on the same subject; Council would consider that portion of the Public Hearing finalized. Mayor Johnson stated that the Council is concerned that people get adequate notice. Councilmember Kerr moved that the item be continued to the July 6, 2004 City Council Meeting in order to allow sufficient time for renoticing. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. Councilmember Kerr thanked everyone for coming to the meeting and for staying so late. Mayor Johnson apologized that the Council could not finish the Regular Meeting Alameda City Council 10 June 15, 2004 matter at the meeting. (04 -307) Adoption of Resolution of Necessity to Acquire Property by Eminent Domain for Public Use (Library and Public Parking) ; Authorizing Commencement of Litigation to Acquire Property and for Order of Possession; Finding and Determining that All Requirements Have Been Met for Consideration of Adoption of Resolution; Code of Civil Procedure Section 1245.235 et seq.; Adopting Findings and a Statement of Overriding Considerations, Mitigation Measures, and a Mitigation Monitoring Program (2320 -2322 Lincoln Avenue, Alameda). Continued to July 6, 2004. (04 -308) Ordinance No. 2925, "Approving and Authorizing the Execution of a Lease for Real Property Located at 1435 Webster Street (Parking Lot D)." Finally passed. Vice Mayor Daysog moved final passage of the ordinance. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote - 5. (04 -309) Ordinance No. 2926, "Amending the Alameda Municipal Code by Adding Section 30 -16, (Inclusionary Housing Requirement for Residential Projects) to Chapter XXX (Development Regulations)." Finally passed. Councilmember Matarrese moved final passage of the ordinance. Councilmember Gilmore seconded the motion. Vice Mayor Daysog inquired whether the ordinance included a $14,000 fee, to which the Planning Manager responded that there are fees associated with the ordinance; if an affordable dwelling unit is not constructed, the in -lieu fee is available for developments between five and nine dwelling units; if there are more than nine dwelling units, the ordinance requires that the housing units be developed. Vice Mayor Daysog inquired whether the ordinance satisfies the 250 goal set by Council, to which the Planning Manager responded in the negative; stated that the ordinance is Citywide and includes a 150 set aside; the 25% goal is within redevelopment areas; the ordinance satisfies one of the program requirements necessary to finalize the recently adopted Housing Element. Vice Mayor Daysog inquired the amount of the fee, to which the Planning Manager responded that the fee is based upon development cost of a unit. Regular Meeting Alameda City Council 1 1 June 15, 2004 On the call for the question, the motion carried by the following vote: Ayes: Councilmembers Gilmore, Matarrese, and Mayor Johnson - 3. Noes: Councilmembers Daysog and Kerr - 2. ORAL COMMUNICATIONS, NON- AGENDA (04 -310) Bill Smith, Alameda, spoke about community involvement. (04 -311) Betsy Elgar, National Association of Social Workers, spoke about the homeless. (04 -312) Hellena Lengel, Alameda, urged Council to do everything possible to retrieve federal money that has been taken away from Section 8 housing funding. COUNCIL COMMUNICATIONS (04 -313) Consideration of Mayor's nomination for appointment to the Library Board. Mayor Johnson nominated Leslie Krongold for reappointment to the Library Board (04 -314) Consideration of Mayor's nomination for appointment to the Planning Board. Mayor Johnson nominated Patrick Lynch for reappointment to the Planning Board (04 -315) Consideration of Mayor's nomination for appointment to the Public Utilities Board. Mayor Johnson nominated Karin Lucas for reappointment to the Public Utilities Board (04 -316) Consideration of Mayor's nominations (2) for appointment to the Social Service Human Relations Board. Mayor Johnson nominated Robert Bonta and Jim Franz for reappointment to the Social Service Human Relations Board. (04 -317) Councilmember Kerr stated that the Housing Authority acts as a pass through for the federal money that subsidizes the Section 8 program; the Federal Government cut off the money; encouraged political activists to go to the source of the problem and, if necessary, picket the offices of Pete Stark, Barbara Boxer and Diane Feinstein; stated that the Council has considered the issue Regular Meeting Alameda City Council 12 June 15, 2004 at least three times in addition to a Saturday meeting with Pete Stark. Mayor Johnson stated that each of the meetings were open noticed meetings. (04 -318) Councilmember Matarrese requested that the City officially request Alcohol Beverage and Control (ABC) to close down Suzi Q's. The City Manager stated that the item could be placed on the July 6, 2004 agenda. (04 -319) Councilmember Matarrese stated that Applied Engineering's letter makes reference to a barge that is tethered behind their building in the estuary; that one boat yard is being closed because of the cost associated with capturing the runoff from an active boat yard and protecting the waterway; that work is being done on a boat that is suspended out of the water without the benefit of collection of any of the runoff that might occur; requested staff to urge the Coast Guard to take action against the barge. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Regular Meeting at 10:50 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 June 15, 2004