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2004-12-21 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- - - DECEMBER 21, 2004- - -7:30 P.M. Mayor Johnson convened the Regular Meeting at 8:19 p.m. ROLL CALL - Present: Councilmembers Daysog, Gilmore, Kerr, Matarrese, and Mayor Johnson - 5. Absent: None. (04 -677) Minutes of the Special City Council meeting of December 2, 2004, the Special and Regular City Council Meetings of December 7, 2004, and the Special City Council Meeting of December 14, 2004. Vice Mayor Daysog moved approval of the minutes. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. Note: Councilmember Gilmore abstained from voting on the December 14 Minutes. (04 -678) Resolution No. 13803, "Commending Barbara Kerr for Eight Years of Service to the City of Alameda as Councilmember." Adopted. Supervisor Alice Lai -Biker read and presented a Resolution from the Board of Supervisors to Councilmember Kerr. Councilmember Matarrese moved adopted on the resolution. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote - 5. Mayor Johnson presented Councilmember Kerr with the Council resolution, a Resolution from Senator Perata and Assemblywoman Chan, a plaque and flowers from the City, and a certificate from Congressman Stark. (04 -679) Resolution No. 13804, "Acknowledging City Manager James Flint for His Contributions to the City of Alameda." Adopted. Mayor Johnson presented the City Manager with a plaque and flowers from the City. Councilmember Kerr moved adoption of the resolution. Vice Mayor Daysog seconded the motion, which carried by unanimous Regular Meeting 1 Alameda City Council December 21, 2004 voice vote - 5. The Councilmembers each made comments and thanked Councilmember Kerr and the City Manager for all of their hard work over the years. Farewell Comments by Council (04 -680) Councilmember Kerr and the City Manager each made comments and expressed their appreciation to the Council. Recess /Refreshments Councilmember Kerr called a recess at 8:47 p.m. and Mayor Johnson reconvened the Regular Meeting at 9:10 p.m. Jean Sweeney, Alameda, commended Councilmember Kerr for all of her hard work. Jim Sweeney, Alameda, thanked Councilmember Kerr for her dedication; stated that Councilmember Kerr was always thoroughly prepared. Mayor Johnson read a letter submitted by Former City Clerk Diane Felsch thanking Councilmember Kerr for her diligence, fair - mindedness and concern for the residents of Alameda. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (04 -681) Proclamation declaring December 21, 2004 as Tap Dancing Christmas Tree Day in Alameda. Mayor Johnson read and presented the proclamation to the members of the Tap Dancing Christmas Tree group. REORGANIZATION OF COUNCIL Installation (04 -682) The Honorable Judge C. Richard Bartalini administered the Oaths of Office to: Office of Citv Councilmember Marie Gilmore Doug deHaan Regular Meeting 2 Alameda City Council December 21, 2004 Office of City Auditor Kevin Kearney Office of City Treasurer Kevin Kennedy Roll Call New Council - Present: Councilmembers Daysog, deHaan, Gilmore, Matarrese, and Mayor Johnson -5. Absent: None. Consideration of Appointment of Vice Mayor (04 -683) Councilmember Daysog moved that Council appoint Councilmember Gilmore as Vice Mayor. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. Mike McMahon, Alameda Unified School District, congratulated Vice Mayor Gilmore and Councilmember deHaan. Comments by New Citv Council (04 -684) Vice Mayor Gilmore and Councilmember deHaan each made comments and thanked their supporters. AGENDA CHANGES (04 -685) Mayor Johnson presented the Proclamation to the Tap Dancing Christmas Trees before the Installation. CONSENT CALENDAR Mayor Johnson announced that the recommendation to approve a Finding [paragraph no. 04 -687], and recommendation approving Revised Memorandum of Understanding [paragraph no. 04 -689] were removed from the Consent Calendar for discussion. Vice Mayor Gilmore moved approval of the remainder of the Consent Calendar. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. Regular Meeting 3 Alameda City Council December 21, 2004 [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *04 -686) Ratified bills in the amount of $2,114,961.34. (04 -687) Recommendation to approve a Finding that repair of the Main Street Ferry Terminal Facility constitutes a great necessity or emergency that requires immediate action without bid; and authorize the Interim City Manager to enter into such an Agreement(s). Councilmember Matarrese stated that the Main Street Ferry Terminal Facility is Alameda's vital link to the rest of the world; moved approval of the staff recommendation. Councilmember deHaan seconded the motion, which carried by unanimous voice vote - 5. ( *04 -688) Resolution No. 13805, "Approving Parcel Map No. 8474 (2430 -2490 Mariner Square Loop) and Accepting Dedication of Electrical Easement and Rights of Access for Operations of Public Safety Vehicles and Emergency Equipment." Adopted. (04 -689) Resolution No. 13806, "Approving Revised Memorandum of Understanding and Salary Resolution Between the Alameda City Employees Association (ACEA) and the City of Alameda for the Period Commencing July 1, 2003 and Ending June 30, 2006." Adopted. Alan Elnick, ACEA, thanked the Council and urged adoption of the resolution. Councilmember Matarrese moved adoption of the resolution. Vice Mayor Gilmore seconded the motion. Under discussion, Councilmember Daysog stated that the report does not identify where the $652,000 in funding would come from to pay for the increases over the next two years. The City Manager stated that about half of the funding would come from the General Fund; budget adjustments would need to be made for the balance; there may be some draw down on the General Fund over the next two years. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Gilmore, Matarrese and Mayor Johnson - 3. Noes: Councilmember Daysog - 1. Abstention: Councilmember deHaan - 1. Regular Meeting 4 Alameda City Council December 21, 2004 REGULAR AGENDA ITEMS None. ORAL COMMUNICATIONS, NON- AGENDA (04 -690) Michael Torrey, Alameda, wished the Council a Merry Christmas and Happy New Year. (04 -691) Deborah James, Alameda, congratulated Councilmember deHaan and spoke on affordable housing funding. (04 -692) Robb Ratto, Park Street Business Association (PSBR), thanked Councilmember Kerr and the City Manager for their support; stated Vice Mayor Gilmore filled some big shoes admirably; congratulated Councilmember deHaan. COUNCIL COMMUNICATIONS (04 -693) Report on Harbor Island Apartments outcome of December 16 Court action, planning and building activity, and negotiations between the City and the Fifteen Asset Management Group. The Housing Authority Director provided an update on the Harbor Island Apartments. Councilmember Matarrese requested that the City Attorney provide a summary of the City's lawsuit. The City Attorney responded that the City filed an action in State court and received permission from the District Attorney's office to file the action on behalf of the State; Fifteen Asset Management Group moved the action to federal court; the City filed a request for a temporary restraining order; the Court allowed the City to bring a motion for preliminary injunction; the Court took the matter under submission and requested that the Fifteen Asset Management Group attorneys work out a reasonable solution with the Harbor Island Apartments Tenants Association; the Court issued a stern order denying the motion for summary judgment and included an expressed finding that the City did not have standing to maintain the action; the City filed a request for dismissal without prejudice and the Court granted the City's motion; the Fifteen Asset Management Group filed a motion for attorney's fees seeking $188,000 from the City, which the City is opposing. Mayor Johnson requested an update on planning and building activity. Regular Meeting Alameda City Council December 21, 2004 The Housing Authority Executive Director responded that the Planning Board conducted a Study Session on December 13 to address design, architecture, landscaping, walls, fences, gating, security, neighborhood connections, the West Alameda Neighborhood Improvement Plan, scope of review under the Planned Development (PD) process, fire sprinklers, seismic and structural upgrade requirements, plumbing and electrical systems, phasing in of renovations, transit accessibility, bicycle and pedestrian improvements, the current location of the Sales Office, parking, and the community building use; the Planning Board urged the Fifteen Asset Management Group to meet with the community and neighborhood groups to discuss the design and scope of the project; there are concerns about the project being piecemealed. Mayor Johnson inquired whether there are any current negotiations with the Fifteen Asset Management Group, to which the City Attorney responded that the City is actively opposing the attorney fees motion; there are staff -to -staff discussions regarding the fire sprinkler and planning and building issues; there are current discussions between the Housing Authority Director and Fifteen Asset Management Group regarding possible ways to resolve Section 8 issues. Councilmember Matarrese requested elaboration on the disposition of the remaining tenants. The Housing Authority Executive Director responded there are no negotiations regarding the remaining tenants; stated that the Mayor urged the Fifteen Asset Management Group to continue dialoguing with tenants and to provide them with as much time as possible to move out. Councilmember Matarrese inquired what the outcome to the request has been, to which the Housing Authority Executive Director responded that the Fifteen Asset Management Group has stated that it would work with anyone who is cooperating and continue to file unlawful detainerd against those who have not cooperated. Speakers: Rev. Pamela Kurtz, Twin Towers United Methodist Church; Dr. Athur Lipow, Alameda; Steven Garner, Alameda; Mary F. Green - Parks, Harbor Island Tenant Association; Charles Monroe, Harbor Island Tenant Association; Yvonne Keel, Alameda; Lorraine Lilley, Harbor Island Tenant Association; Destiny Thomas, Alameda; Gretchen Lipow, Alameda; William Smith, Renewed Hope; Eve Bach, Arc Ecology; Judge C. Richard Bartalini, Alameda; Lynette J. Lee, Renewed Hope; Jason Kcodjian, Fifteen Asset Management Group; C. Landry, Alameda; Reginald Lee James, Alameda; Bill Smith, Alameda; Regina Tillman, Regular Meeting Alameda City Council December 21, 2004 Alameda; Richardo Reynoso, Jr., Harbor Island Tenant Association; Modessa Henderson, Harbor Island Tenant Association; Michael Yoshii, Alameda; and Michael Torrey, Alameda. Mr. Kcodjian, Fifteen Asset Management Group, stated that the last four months have been difficult for all parties, especially the tenants; the Fifteen Asset Management Group met with the tenants in August and shortly thereafter, a tenant assistance program was implemented, which resulted in the majority of the tenants finding relocation housing; over 325 of the original 386 residents have found replacement housing; there is a need to continue to work with the remaining tenants; Fifteen Asset Management Group staff have been at the Apartments to help with housing placement since August; there have been two resident housing faires; some residents have not wanted to take advantage of the resident assistance program; residents' requests for special circumstance extensions were granted; enormous amounts of resources and time have been devoted to implementing the program that the Judge described as being above and beyond what was necessary; approximately half of the 41 remaining tenants have leases that are not due; unlawful detainers have been filed because some tenants have not paid rent; the Fifteen Asset Management Group would like to work with the City to create a quality project for the west end; that he would be happy to stay after the Council Meeting and follow up with tenants to discuss details on matters that have not been addressed. Mayor Johnson inquired what the response would be to a tenant who originally denied assistance but would now like to take advantage of the offer, to which Mr. Kcodjian responded that he would follow up with the Fifteen Asset Management Group. Vice Mayor Gilmore inquired what is Mr. Kcodjian's consultant capacity, to which Mr. Kcodjian responded that he is a Public Affairs Consultant. Mayor Johnson stated that she is disappointed with the manner in which the Fifteen Asset Management Group has handled the fire sprinkler issue and with their objections to permit fees; the Fifteen Asset Management Group does not seem to be working with the City. Vice Mayor Gilmore stated that she appreciates that the Fifteen Asset Management Group is concerned enough to send a representative to the Council Meeting; the community has many questions that were brought up at the Planning Board Public Meeting; the community needs to have a qualified architect or developer answer factual questions. Regular Meeting Alameda City Council December 21, 2004 Councilmember Matarrese inquired what are Fifteen Asset Management Group's remedies and obligations for the protection of the remaining tenants living in boarded up apartments and how the situation could be brought to the attention of the Judge; stated that Fifteen Asset Management Group should be made aware of the disruption they have caused the City. Councilmember deHaan stated that the remaining tenants are spread throughout the units; safety and welfare is of utmost importance; inquired what direction is being taken regarding long -term leases. Mr. Kcodjian responded that he would attempt to get a response to the inquiry. Mayor Johnson encouraged tenants to meet with Mr. Kcodjian to discuss their issues; stated that the manager at the site does not appear to have any authority and that Mr. Kcodjian does not have answers; tenants need to communicate with people that have some authority; Mr. Kcodjian needs to have the owners of the property help the tenants; tenants would not be attending Council meetings if help was being provided. Councilmember deHann questioned what would be the Fifteen Asset Management's rental market point. Councilmember Matarrese stated that he would like to have the following on the January agenda: whether tenant testimony can be submitted to Judge Alsup, a requirement for a certain amount of time to give notice for mass evictions, to connect the Harbor Island Apartment incident to a long -range view on what the West End will look like in the future; and a moratorium on new construction. Mayor Johnson stated that tenants should be given more time if the owners are taking time to argue over permit fees. Vice Mayor Gilmore requested that when the matter returns to Council, information be provided on when a Planning or Development application is deemed complete. Councilmember Daysog stated the City should work with the families that want to find housing in Alameda; false hopes should not be raised; promises that cannot be kept should not be made; the City needs to facilitate housing opportunities for families who want to move; the Fifteen Asset Management Group is not liked or trusted; he would like ideas, thoughts, and plans for the City's role as a resource for rental housing opportunities; he is eager to work with Judge Bartalini on thinking through the best policy that prevents the City from repeating the Harbor Island Apartment situation and Regular Meeting 8 Alameda City Council December 21, 2004 hearing other people's thoughts on the matter. Councilmember Matarrese inquired whether there is a vehicle available to get the Harbor Island Tenants Association testimony before the Judge. The City Attorney responded that the only scheduled court date is on February 10; tenants have the opportunity to file an action seeking damages. Councilmember Matarrese stated that it is very important for the City to exercise a standing. Mayor Johnson stated the Council needs to give direction on the West Alameda Neighborhood Improvement Plan. Councilmember Matarrese stated that he would like to address the situation of remaining tenants at the January 4 meeting. Mayor Johnson stated that the Council should review possible roles that the City can play in finding housing for the current tenants; requested that the matter be brought to Council at the January 4 meeting. Vice Mayor Gilmore inquired when the Fifteen Asset Management Group would respond to questions raised. Mr. Kcodjian responded that he would convey the request to Fifteen Asset Management Group. Councilmember deHaan inquired whether a report could be obtained from Eden I &R quantifying their actions and efforts. Mr. Kcodjian responded that he would follow up on the matter with Fifteen Asset Management Group. The City Attorney stated that a relocation ordinance could be prepared for the January 18 City Council Meeting, if directed by Council. Councilmember Matarrese moved that information regarding the status on what can be done for the remaining tenants and how the City could serve as a resource in providing relocation assistance be placed on the January 4 City Council Meeting agenda. Vice Mayor Gilmore seconded the motion, which carried by unanimous voice vote - 5. Regular Meeting Alameda City Council December 21, 2004 Councilmember Matarrese moved that a draft ordinance regarding reasonable notification and tenant compensation requirements for large property owners be placed on the January 18 City Council Meeting agenda. The City Attorney stated that she could provide the framework for the draft ordinance with blanks to be filled in by Council. Councilmember Matarrese requested that moratoriums on construction be discussed at the January 18 City Council meeting. Vice Mayor Gilmore stated the draft ordinance is just the first step; Council needs to be careful and thoughtful throughout the process to ensure that the ordinance is complete and lasts a long time. (04 -694) Vice Mayor Gilmore moved that the Regular Meeting be continued past midnight. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. Vice Mayor Gilmore seconded the motion, which carried by unanimous voice vote - 5. Councilmember Daysog stated that false hopes should not be raised; Council will do what is in the best interest of the City. Councilmember deHaan concurred with Councilmember Daysog; stated that there may not be relief for current tenants. (04 -695) Councilmember Matarrese congratulated Vice Mayor Gilmore and Councilmember deHaan. (04 -696) Councilmember deHaan stated there has been a $1.4 million financial impact to the School District as a result of the Harbor Island Apartment situation; urged the School District to take necessary action to recover the loss. (04 -697) Councilmember Daysog requested that the Historical Advisory Board review the movie theatre design. Robb Ratto, PSBR, stated that there is no design for the movie theatre. Councilmember Daysog stated the Historical Advisory Board Regular Meeting 1 Alameda City Council December 21, 2004 understands that there is no design but would like to have front end input. The City Manager stated that Councilmember Daysog's request could be incorporated in the process. Mayor Johnson stated that a two- tiered process should be created; requested that the matter return to Council for approval of the process and schedule. Councilmember Daysog stated that members of the Historical Advisory Board want to be a partner of fleshing out concepts. Adjournment (04 -698) There being no further business, Mayor Johnson adjourned the Regular Meeting in memory of Mary Holgerson at 12:05 a.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting 1 1 Alameda City Council December 21, 2004