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2004-10-05 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - OCTOBER 5, 2004 - - 7:30 P.M. Mayor Johnson convened the regular meeting at 8:02 p.m. Councilmember Matarrese led the Pledge of Allegiance. 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 -523) Proclamation honoring Amey Stone for her 17 years of dedicated service as a Trustee of the Peralta Community College District. Mayor Johnson read and presented the proclamation to Amey Stone. Ms. Stone thanked the Council for the proclamation and for efforts to develop a closer relationship between the City and the College of Alameda. (04 -524) Certificates of appreciation to staff for serving the City of Alameda and its residents through their extraordinary efforts in addressing the Harbor Island Apartments crisis. Mayor Johnson presented certificates to: Carol Korade, Cheryl Smith, Lori Amaya, Elaine Chueng, Donna Mooney, Lynette Mladnich, Lana Stoker, Kadeane Rowan, Leslie Little, Carol Beaver, Terri Wright, Michele Koka, Gail Patton, Tim Higares, Robert Frankland, Michelle Gitmed, Leon King, Ken Gong, Eddie Dikitanan, Anthony Rolley, and Paul Benoit; and thanked the following employees not present: Agnes Bergez, Mamette Icatar Asuncion, Terri Highsmith, Elizabeth Acord, Mike Pucci, Kara Korbel, Sherri Shefik, Ellen Hernandez, DeeDee Adeosun, Lucy Canlas, Kathy Rayburn, Brenda Wong, Ellen Green, Frani Erwen, Kay Wetherwax, Eric Fonstein, Bruce Knopf, Elizabeth Cook, Emily Parodi, Susie Brown, and Marcia Tsang. The City Attorney noted the tremendous staff effort. (04 -525) New Main Library Project update. The Project Manager gave a brief update and provided a handout Regular Meeting Alameda City Council 1 October 5, 2004 outlining value engineering alternatives. Councilmember Kerr inquired whether deductions for the Library Project were in the amount of $5 million, to which the Library Project Manager responded the proposed deductions total $5,071,000. Councilmember Kerr stated the reductions were good news; inquired whether the Office of Library Construction (OLC) would be favorable to reducing the number of parking spaces. Mayor Johnson responded that the OLC is inclined to be more favorable to alternative parking spaces; the OLC believes parking is important for library accessibility; that she is confident the parking issue will be resolved. The Library Project Manager stated the parking space decision rests with the State Librarian, who is the former San Francisco head Librarian; stated that he is confident there will be a fair hearing. Vice Mayor Daysog inquired whether changes would result in the same type library. The Library Project Manager responded there are no square footage reductions and no impacts on function or operation, with the one exception of eliminating the staff elevator; the staff elevator shaft would be retained for future installation. Vice Mayor Daysog inquired what the savings from eliminating the staff elevator would be, to which the Project Manager responded approximately $150,000. In response to Vice Mayor Daysog's inquiry about the largest savings, the Project Manager stated the largest savings was the parking structure, the second largest was the staircase and the third largest savings was the barrel vault roof on the Lincoln Avenue elevation. Vice Mayor Daysog inquired whether the roof would be flat. The Project Manager responded in the affirmative; noted that shed skylights are proposed. In response to Vice Mayor Daysog's inquiry about the savings from the roof, the Project Manager stated there would be a $300,000 savings. Vice Mayor Daysog inquired the as to the amount of savings from Regular Meeting Alameda City Council 2 October 5, 2004 parking changes, to which the Project Manager responded $676,000. Councilmember Matarrese inquired whether the Library Building Team would review the list and provide comments and dollar values to Council, to which the Project Manager responded in the affirmative. Mayor Johnson inquired whether construction was scheduled to start in December, to which the Project Manager responded construction is weather dependent; that he would be meeting with the soil engineer to discuss on the foundation. (04 -526) The City Auditor stated that he is concerned about not being informed of a theft at the Golf Course and the decision to have an outside auditor review the matter; questioned whether there was a control or accounting issue; requested to see the audit document; stated that he did not believe that the City's policy is to hire outside auditors on a department -by- department basis; the Charter gives him the authority to hire outside auditors; that he should be contacted to decide whether an outside auditor is needed; elected officials are a buffer between City staff and citizens. Mayor Johnson requested that the report be provided to the City Auditor. The City Auditor stated that he does not want to overstep his role and would adhere to the authority the Charter gives him; noted an independent person should be involved in accounting issues; that he is independent from City staff. Mayor Johnson inquired what the Charter provisions are regarding notifying the City Auditor. The City Attorney read the Charter section pertaining to the duties of City Auditor; stated that the Charter does not prevent procedures from being established. Mayor Johnson stated the Council should adopt a policy establishing when the City Auditor should be notified; there should be a more formal policy on audit issues. The City Attorney responded that the Council could adopt a policy or the City Manager could propose management practices. Mayor Johnson stated that Council adopting a policy would be more formal. Vice Mayor Daysog suggested that the City Auditor provide policy recommendations; stated the City Auditor needs to be completely Regular Meeting Alameda City Council 3 October 5, 2004 informed. The City Auditor stated that there should be a policy to ensure that an independent person is involved. Vice Mayor Daysog noted that the City Auditor assisted with a similar instance involving an employee's transactions with WorldTech. Mayor Johnson requested that the City Auditor work with staff to propose a policy to Council. Councilmember Kerr moved that the City Auditor and staff develop a proposed accounting control policy for Council review and approval. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. CONSENT CALENDAR Mayor Johnson announced that the Minutes [paragraph no. 04 -527] and the Resolution Opposing Proposition 68 [paragraph no. 04 -529] were removed from the Consent Calendar for discussion. Councilmember Matarrese moved approval of the remainder of the Consent Calendar. Councilmember Kerr 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 -527) Minutes of the Special Joint City Council and Golf Commission Meeting held on September 15, 2004. Amended. Councilmember Matarrese requested that the minutes for each meeting be voted on separately; requested that Vice Mayor Daysog, Councilmember Gilmore and the City Auditor be provided with the report presented at the Special Joint City Council and Golf Commission Meeting of September 15, 2004. Councilmember Matarrese moved that the Minutes be amended to include that a report on a theft incident and audit was discussed and provided to Council. Councilmember Kerr seconded the motion, which carried by the Regular Meeting Alameda City Council 4 October 5, 2004 following voice vote: Ayes: Councilmembers Kerr, Matarrese and Mayor Johnson - 3. Abstentions: Councilmembers Daysog and Gilmore - 2. (04 -527A) Minutes of Special City Council Meeting of September 16, 2004. Approved. Councilmember Matarrese moved approval of the Minutes. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. (04 -527B) Minutes of Special City Council Meeting of September 21, 2004. Approved. Vice Mayor Daysog moved approval of the Minutes. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote - 5. (04 -527C) Minutes of Regular City Council Meeting of September 21, 2004. Approved. Councilmember Gilmore moved approval of the Minutes. Vice Mayor Daysog seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Daysog, Gilmore, Kerr, and Mayor Johnson - 4. Abstentions: Councilmember Matarrese - 1. ( *04 -528) Recommendation to adopt specifications and authorize call for bids for the purchase of five (5) marked vehicles. Accepted. (04 -529) Resolution 13769, "Opposing Proposition 68, Gaming Revenue Act of 2004, on the November 2, 2004 State -wide Ballot." Adopted. Vice Mayor Daysog stated that he would abstain because he still needed to review Propositions 68 and 70. Councilmember Kerr stated if tribes would accept being taxed 250, the card clubs and race tracks would not be involved; that she is angry about casino gambling coming to California and has a strong objection to Congressman Miller's philosophy; that she does not like life with or without Proposition 68; any revenue from Proposition 68 would go to additional firefighters and police officers; that she would support the Proposition if revenues went to the City's General Fund; however, continued expansion of casino gambling on Indian lands bothers her; several gaming tribes are Regular Meeting Alameda City Council 5 October 5, 2004 getting around the slot machine ban by having video machines. Mayor Johnson stated getting around the 25% tax by having gambling methods not meet the definition is a problem; nothing is being promised in exchange for gambling expansion. Councilmember Kerr stated if Proposition 68 passes and a 25% tax is paid, there would not be more expansion than if the Proposition does not pass; there is no protection against claiming more and more urban land. Mayor Johnson stated Proposition 68 identifies specific gambling locations; one location is Golden Gate Fields; that she does not support Proposition 68. Councilmember Matarrese stated that he would be inclined to have Council not support Proposition 68; Proposition 68 provides structure to make expansion of gambling in California easier; stated that he opposes Proposition 68. Councilmember Gilmore stated that the 25% tax rate is a smoke screen; the exemption from local zoning laws and California Environmental Quality Act bothers her; by having a 25% tax rate, California citizens would not have the option of raising State and local tax if crime costs at gambling facilities is higher; that she opposes the Proposition. Councilmember Matarrese moved adoption of resolution. Councilmember Gilmore seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Gilmore, Matarrese and Mayor Johnson - 3. Abstentions: Councilmembers Daysog and Kerr - 2. ( *04 -530) Ratified bills in the amount of $3,187,423.41. REGULAR AGENDA ITEMS (04 -531) Resolution No. 13770, "Appointing Arthur Kurrasch as a Member of the City Housing Commission." Adopted. Councilmember Matarrese moved adoption of the resolution. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office and presented Mr. Kurrasch with a certificate of appointment. Regular Meeting Alameda City Council 6 October 5, 2004 (04 -532) Resolution No. 13771, "Appointing Jeff Knoth as a Member of the City Transportation Commission." Adopted. Councilmember Matarrese moved adoption of the resolution. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office and presented Mr. Knoth with a certificate of appointment. (04 -533) Public Hearing to consider an Appeal of the Planning Board's denial of Variances, VO4 -0006, 0007, 0008 and 0010, and denial of Major Design Review, DR04 -0026, for all development projects at 3017 Marina Drive; and adoption of related resolution. The site is located within an R -1, Single- Family Residential Zoning District. The development project includes expansion of the residence into the estuary and installation of rear yard decks. Approval is being sought for the following: 1) Variance to AMC Subsection 30- 4.1(d)(3) (Maximum Main Building Coverage exceeding 480); 2) Variance to AMC Subsection 30- 4.1(d)(7) and Section 30 -2 (Rear Yard) because the building extends across the rear property line into the estuary; 3) Variance to AMC Subsection 30- 5.7(a) (Roof Eaves) and 30- 5.7(d) (Bay Windows) because the roof eaves above the bay windows encroach to within 3 feet from the side property line and bay windows are not permitted to encroach into side yards; 4) Variance to AMC Subsection 30- 5.7(c)(1) (Rear Yard), Subsection 30 -2 (Definitions) (Yard -Rear) and Subsection 30- 4.1(d)(7) (Rear Yard) because decks over 36- inches in height extend into the required side and rear yard setbacks; 5) Variance to AMC Subsection 30- 5.14(c) (Barrier Heights) because the windscreens around the patios exceed the maximum permitted 8 -foot height. The Planning Board found that the Variance for the bay window encroachment be withdrawn because encroachment is in compliance, subject to Design Review approval. Applicant /Appellant: Rita Mohlen. Continued to November 3, 2004. (04 -534) Discussion of Section 30 -15, Work Live Studios, of the Alameda Municipal Code. The Supervising Planner gave a brief presentation outlining potential work /live projects. Anne Bevan, Alameda, urged Council to find a way to make work /live studios possible. Pat Bail, Alameda, stated that exceptions to a Charter provision should not be made with an ordinance. Regular Meeting Alameda City Council 7 October 5, 2004 Kame Richards, Pineapple Sails, stated applying [1973] Measure A to residential communities makes good sense; however, industrial neighborhoods are a great location for more dense residences, such as work /live studios. Vice Mayor Daysog stated that it has been almost six years since the work /live ordinance passed; there has been only one project; questioned whether an ordinance should trump a Charter provision; stated ordinance provisions are not consistent; the ordinance passed in May 1973 putting Measure A into effect allows residential units to be combined with commercial sites as long as there are not more than two units; the 1998 work /live ordinance trumped said provision; there is a conflict between the work /live ordinance and the spirit of Measure A; now is the time to reevaluate the work /live ordinance; the community has great ideas to preserve Victorians and historical buildings; the public should review the ordinance, Commissions should make recommendations, and the community should vote on the matter. Councilmember Kerr stated the intent of the work /live ordinance, preservation of historical buildings, is good; however, the work /live ordinance is an ordinance; that she is concerned because developers have discussed new construction of work /live units west of Sherman Street; appropriate wording of the work /live ordinance should be voted on by the people. Councilmember Gilmore inquired whether there were 34 potential buildings or 34 potential work /live units, to which the Supervising Planner responded calculations indicate there could be 35 studios in 7 buildings. Mayor Johnson inquired whether historic preservation is part of the ordinance. The Supervising Planner responded that work /live is not limited to historic buildings; however, one of the purposes of the ordinance is to preserve historic buildings. Vice Mayor Daysog inquired whether work /live eligibility is based on the building being historic or on the study list. Mayor Johnson responded both are eligible; the purpose of the ordinance is preservation of historic structures; inquired whether applying said intent was appropriate for an ordinance. The City Attorney responded applying the work /live ordinance depends upon more than the eligible buildings; staff would only Regular Meeting Alameda City Council 8 October 5, 2004 grant a Use Permit if the terms and conditions of a project were consistent with the purpose of the ordinance. Mayor Johnson stated there should be language changes to make the ordinance more consistent with the intent. Councilmember Gilmore stated if the intent of the ordinance is preserving historic buildings, it has not worked; one application has been submitted since 1998; that she is interested in the historic distinction; many old buildings do not need to be saved; there should be distinction between a historic building that has value and a building that is old and falling down. Mayor Johnson requested that the Economic Development Plan for the Northern Waterfront be brought to Council; stated historic structures continue to deteriorate over time; an aggressive plan is needed to redevelop the Northern Waterfront; there is a limited amount of time when bond financing can be issued. Councilmember Matarrese stated while Measure A was effective in protecting residential areas, a distinction with work /live is that living is incidental; the ordinance is a tool to promote saving old buildings; work /live provides an opportunity to meet other goals, such as taking a commuter car off the street; that he is in favor of reviewing the ordinance; that he is not sure whether the ordinance should be restricted to historic buildings; there are empty buildings in commercial zones that could be put back to commercial use and generate business tax. Mayor Johnson stated the issue should be reviewed in terms of economic development. Vice Mayor Daysog stated other cities do not have Measure A issues; that he is concerned about the work /live ordinance colliding with Measure A; that he would like to rescind the ordinance and start fresh; that he would be willing to have Commissions review the matter as long as there is an understanding that the Council would put the matter to the vote of the people. Councilmember Kerr stated the work /live ordinance extends to CM zoning, not just M -1 and M -2; that she would not want to extend the ordinance to C -1 and C -2 because business districts depend upon retail for vitality. In response to Mayor Johnson's inquiry about the potential new development projects Councilmember Kerr referenced, Councilmember Kerr stated that she would provide the report to Council. Regular Meeting Alameda City Council 9 October 5, 2004 Mayor Johnson inquired whether staff should have the report. Councilmember Kerr responded in the affirmative; stated that work /live was passed to preserve existing buildings and bring new vitality to a certain district and was not meant for new construction. Councilmember Matarrese stated the obvious end product would be to put something in place governing work /live and bring the matter to a vote of the people; public hearings are a deliberate process; the Council has the right and obligation to place the matter on the ballot. Mayor Johnson stated that she views the ordinance even more ineffective now because potential projects could face lawsuits. Vice Mayor Daysog moved that the Historical Advisory Board, Planning Board and Economic Development Commission provide input, advice, and wisdom on the work /live matter to fine -tune the legislation along the numerous lines discussed by the Council tonight, with a stated purpose of ultimately bringing the issue back to Council for incorporation into the Charter [by a vote of the people]. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. (04 -535) Recommendation to authorize execution of Contract with William Norton for Acting /Interim City Manager Services. Councilmember Kerr moved approval of the recommendation. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. (04 -536) Recommendation to approve a Request for Proposal for City Manager recruitment. Councilmember Gilmore moved approval of the recommendation. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON- AGENDA (04 -537) Lorraine Lilly, Harbor Island Tenants Association, stated the eviction process has created an unsafe environment; the Association requests: 1) Alameda Police Department provide 24/7 Regular Meeting Alameda City Council 10 October 5, 2004 police protection and that the police officers walk through the building, 2) the City require the 15 Asset Management security guards to walk through each floor of each building several times per day, and 3) the code enforcement department prevent any further boarding up of the buildings and require the 15 Asset Management to remove existing boards. Mayor Johnson requested Ms. Lilly to provide a copy of her letter to the City Manager and City Attorney for follow up. (04 -538) Jon Spangler, Alameda, thanked staff for their quick response in having the unsafe trees around the Franklin School area removed. COUNCIL COMMUNICATIONS (04 -539) Consideration of Mayor's nomination for appointment to the Civil Service Board. Mayor Johnson nominated Michael Rich for appointment to the Civil Service Board. (04 -540) Consideration of Mayor's nomination for appointment to the Golf Commission. Mayor Johnson nominated Sandre Swanson for reappointment to the Golf Commission. (04 -541) Consideration of Mayor's nomination for appointment to the Planning Board. Mayor Johnson nominated Rebecca Kohlstrand Parsons for appointment to the Planning Board. (04 -542) Councilmember Kerr stated that San Leandro is negotiating with the Oakland Airport to add instrument landing to 27 left [runway]; requested a staff report addressing effects; stated that 27 left is causing enough grief presently. Mayor Johnson inquired whether the matter was brought before the Airport Operations Committee. Vice Mayor Daysog responded in the negative; stated there are a range of issues between the Port of Oakland and San Leandro that the staff and committee members are carefully watching. Mayor Johnson requested that the matter be placed on the Airport Operations Committee agenda. Regular Meeting Alameda City Council 1 1 October 5, 2004 Vice Mayor Daysog stated the matter would be placed on the agenda and that Council would be updated. (04 -543) Councilmember Kerr stated that she attended an ABAG meeting on regional preparedness for disasters; a member of the California State Automobile Association stated that their employees are provided with emergency supplies to restart inoperable vehicles in an emergency situation; the Alameda County Health Director stated that Great Britain had suspended Chiron's business license for three months, which would reduce the County's vaccine availability by 100,000; San Mateo spoke on the necessity of adequate fuel and water supplies; Port security would be discussed tomorrow; stated meeting materials would be left in the bookcase next to Council offices for review. (04 -544) Mayor Johnson requested that Internet golf package fees mentioned at the last Golf Commission meeting be brought back to Council for review. (04 -545) Vice Mayor Daysog stated the commissions and staff should provide work /live recommendations to Council by April, May or June, 2005. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Regular Meeting at 10:01 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 12 October 5, 2004