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2004-12-07 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - DECEMBER 7, 2004 - - 7:30 P.M. Mayor Johnson convened the Regular Meeting at 8:00 p.m. AGENDA CHANGES None. Present: Councilmembers Daysog, Gilmore, Kerr and Matarrese - 5. Absent: None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (04 -645) Proclamation honoring Officer Patrick Wyeth for his military service. Mayor Johnson read the Proclamation and presented it to Patrick Wyeth. The Police Chief presented the flag hung over Officer Wyeth's camp in Iraq. CONSENT CALENDAR Mayor Johnson announced that the recommendation to approve the Planning Board's decision to approve Planned Development PD 0- 004, Use Permit UP 03 -016 and Design Review DR 03 -108 [paragraph no. 04 -648] was removed from the Consent Calendar for discussion. Councilmember Matarrese moved approval of the remainder of the Consent Calendar. Vice Mayor Daysog 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 -646) Minutes of the Special and Regular City Council Meetings held on November 16, 2004. Approved. Regular Meeting Alameda City Council 1 December 7, 2004 ( *04 -647) Ratified bills in the amount of $2,645,353.64. (04 -648) Recommendation to approve the Planning Board's decision to approve Planned Development PD 03 -004, Use Permit UP 03 -016 and Design Review DR 03 -108, with conditions, for the Bridgeside Shopping Center at 2523 Blanding Avenue at Tilden Way. Ken Dorrance, Video Station, urged the Council to amend Section 18 of the Planning Board's draft to prohibit chain video stores in the Bridgeside Shopping Center. Councilmember Matarrese stated that he would like to see the speaker's wishes honored. Councilmember Kerr stated that the speaker's video store is unique. Councilmember Matarrese stated that he would like to add a condition excluding chain video stores from permitted uses. The Development Services Director stated that she does not know whether the condition would violate the terms of the Disposition and Development Agreement (DDA) ; cautioned limiting uses could be problematic with future tenants. Mayor Johnson stated that she was unaware that Blockbuster Video was going into the Center. Doug Wiele, Project Developer, stated there is one signed lease for the Center [grocery store]; no other leases have been executed; there is no deal with Blockbuster Video; there have been several video store proposals but no commitment; stated tenant negotiations are not discussed until the lease is signed. Mayor Johnson inquired whether Mr. Wiele thought about the speaker's request to exclude video chains from the Center. Mr. Wiele responded that he would be happy to have a conversation with the speaker regarding a lease; there are very few independently owned video stores; there are some issues in suggesting to place anything other than a non -chain video store in the Center. Vice Mayor Daysog stated that he would be concerned about acting Regular Meeting Alameda City Council 2 December 7, 2004 on the matter tonight; Council needs to understand the ramifications. Mayor Johnson stated Council needs to be concerned with setting precedents. The City Attorney stated Council could give approval tonight and request a report on the leasing progress; Council could amend the PD to exclude certain uses. Councilmember Kerr stated redevelopment districts should not put existing business out of business. The City Attorney stated the Video Station only has a lease; a permanent condition should not be placed on the PD because the Video Station may not be a permanent use. Councilmember Matarrese moved approval of staff recommendation with the condition to direct staff to: 1) keep Council appraised of leasing progress, and 2) bring the issue back if the Video Station is impacted. Vice Mayor Daysog stated that tough decisions need to be made to ensure the greater good for Alameda; Council needs to move forward. Councilmember Gilmore concurred with Vice Mayor Daysog; that she is heartened with the Developer's willingness to open meaning talks with the Video Station. Vice Mayor Daysog seconded the motion. Under discussion, Councilmember Kerr congratulated the members of the Planning Board for their time and effort throughout the project; stated that she feels that all redevelopment of PD's should come to Council; that she is concerned about the downward directed light in the parking lots; the design of the lighting is being left to the discretion of the Planning and Building Director; at Webster Square, tall, bright downward directed lights shine into the Independence Plaza bedrooms. Mayor Johnson inquired whether there could be better language on the type of lighting. Councilmember Kerr responded language could be added to require Regular Meeting Alameda City Council 3 December 7, 2004 lighting be compatible and kind to the adjacent residential area. Mayor Johnson stated she would like to give specific direction to ensure lighting does not disturb surrounding properties. Councilmember Kerr stated that the lighting issue should be brought back to Council for approval. The Developer stated that he has no issue with demonstrating the lighting design to Council. Mayor Johnson inquired whether there was a plan to put in decorative lighting, to which the Developer responded the plan was to put in decorative lighting fixtures as trim in the pedestrian areas and more functional lighting in the parking areas. The Planning and Building Director stated there is a post installation inspection of lighting; if the lighting does not satisfy the requirements after installation, modifications can be required; a report can be provided to Council. Councilmembers Matarrese and Daysog amended the motion to include that the lighting design plan return to Council. Mayor Johnson thanked the Developer and City staff for all of their hard work on the project. On the call for the question, the motion carried by unanimous voice vote - 5. ( *04 -649) Recommendation to authorize the City Manager to negotiate and execute an Agreement with PPM Energy, Inc. for the purchase of power from wind generation. Accepted. ( *04 -650) Recommendation to adopt Legislation to create the procedure for the establishment of Property -Based Improvement Districts in the City of Alameda. Accepted. ( *04 -651) Recommendation to extend ferry fuel surcharge on the Alameda /Oakland Ferry Service and the Alameda Harbor Bay Ferry Service. Accepted. Regular Meeting Alameda City Council 4 December 7, 2004 ( *04 -652) Resolution P Authorizing Execution Accepting Dedications Way) ." Adopted. >. 13797, "Approving Final of Subdivision Improvement and Easements for Tract Map and Bond, Agreement and 7232 (Winant ( *04 -653) Resolution No. 13798, "Declaring Canvass of Returns and Results of Consolidated General Municipal Election Held on Tuesday, November 2, 2004. Adopted. REGULAR AGENDA ITEMS (04 -654) Resolution No. 13799, "Appointing Alysa Beth Chadow as a Member of the City Commission on Disability Issues." 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. Chadow with a certificate of appointment. (04 -655) Resolution No. 13800, "Appointing Judith A. Lynch as a Member of the City Historical Advisory Board." Adopted. Councilmember Matarrese moved adoption of the Resolution. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office and presented Ms. Lynch with a certificate of appointment. (04 -656) Resolution No. 13801, "Appointing Karen L. Hollinger Jackson as a Member of the Social Service Human Relations Board." Adopted. Councilmember Matarrese moved adoption of the Resolution. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office and presented Ms. Hollinger Jackson with a certificate of appointment. Regular Meeting Alameda City Council 5 December 7, 2004 (04 -657) Update on the new main library project. The Project Manager provided an update on the construction and introduced the proposed construction team. Councilmember Gilmore inquired whether Council came to a consensus regarding removing the open space funds from consideration. Mayor Johnson responded that Council capped the use of contingency at 100. Councilmember Matarrese stated that Council wanted open space funds removed. Councilmember Kerr stated that the additional $2 million funding for Ron Goode Toyota was earmarked as an investment which would bring back the principal and return; that she is concerned with taking money earmarked for an investment and return and using it for a project that would not produce redevelopment money. Mayor Johnson stated reserves are needed; if the $2 million is not used toward the reserve, sources would need to be found elsewhere. Councilmember Kerr stated additional Measure 0 funds could be prioritized above the $2 million in redevelopment money; inquired what amount would be needed to complete the project. The Project Manager responded the Contract would be around $18 million, which portends a contingency of $1.8 million and a reserve contingency of $1.8 million. Councilmember Kerr inquired how much additional funding would be needed to finish the Library. The Project Manager responded there is $15.6 million in the combination of Measure 0 and bond funding for hard construction costs; the $15.6 million would need to be supplemented to reach $18 million. Councilmember Kerr inquired whether LEED certification could be reviewed after the Library is built, to which the Project Manager responded in the negative. Regular Meeting Alameda City Council 6 December 7, 2004 Mayor Johnson stated that Council had given direction to complete the LEED certification components that are good for the project and not spend the money for the certification. The Project Manager provided a handout outlining specific value engineering items proposed for removal; stated all items related to energy savings and comfort of staff and build occupants were retained; Taylor Engineering provided a proposal to complete the commissioning without documentation for $10,000. Councilmember Kerr stated that the Library will be chiefly for children; that she cannot see spending the money for leather. Mayor Johnson inquired whether having different materials in different areas of the Library makes sense, to which the Project Manager responded that the leather upholstery is limited to the adult section. The Interior Designer stated that there would be lounge furniture along the bay windows; the UCSF Medical Library leather furniture has held up well over 14 years. Councilmember Kerr stated that having leather lounge seating may not be the best choice given the fact that money is short. Vice Mayor Daysog stated the Library Board should put together a strategy to have chairs sponsored so there is revenue to replenish the chairs when needed. Councilmember Matarrese stated the question of leather versus vinyl upholstery is premature; that he is leery about commissioning the building for $10,000 without documentation; questioned if there would be balance reports or evidence of inspections; stated that he would like to review whether the LEED process provides value because it ensures that the building is delivered as specified; requested the architect and contractor to provide the technical reasons for the differences between the stacked brick versus the veneer brick; stated that furniture should be addressed once the Library is built. The Architect stated a full brick building with a cavity wall and a concrete wall behind it provides air space which will provide long lasting durability. Mayor Johnson inquired what are all options. Regular Meeting Alameda City Council 7 December 7, 2004 The Architect responded options are: 1) concrete wall with a cavity space and brick, 2) slim brick placed onto the concrete, 3) brick placed next to the concrete wall with a smaller air space without the insulation, and 4) steel frame with brick veneer. The Contractor stated that the least expensive method would be concrete block; this method could not be engineered for portions of the building; the pre -cast panels are not an option because there was no way to tie the panels together; shock creed [spraying dry concrete on a form] generates a savings of over $100,000; stated that placing thick tile on top of the concrete is less expensive but not durable over time; that he proposes brick with an air space and concrete wall. Mayor Johnson inquired what the face brick savings would be, to which the Contractor responded $60,000. Councilmember Kerr stated that she would like to move the spending of the additional Measure 0 funds before the redevelopment funds. Vice Mayor Daysog inquired whether the additional Measure 0 funds would have gone to branch libraries, to which the Project Manager responded in the affirmative. Mayor Johnson stated the Library should be envisioned as a redevelopment project because the project will revitalize the surrounding areas; stated the commitment to the branch libraries should not be forgotten; a final decision does not need to be made tonight. Councilmember Matarrese stated that he has no problem with using a portion or all of the $2 million in redevelopment funds; the project has already improved the downtown area and will add value to downtown once built; the voters approved Measure 0 with the understanding that a certain amount of tax dollars would go to improve branch libraries; that he would hold the Project Manager accountable for managing the project within budget and keeping the Council informed. Mayor Johnson inquired what type of architectural services is expected during the construction process. Regular Meeting Alameda City Council 8 December 7, 2004 The Project Manager responded the Contract includes contract administration services throughout construction in the amount of $363,000. Mayor Johnson inquired whether there could be change orders, to which the Project Manager responded that there will be change orders but they should not be significant. Mayor Johnson requested a monthly report on change orders once construction begins. Vice Mayor Daysog stated that the additional Measure 0 funds promised to branch libraries should be taken out; redevelopment funds are a legitimate source for library funding; additional Measure 0 funds should not be part of the hopper. Councilmember Gilmore inquired where the money to complete LEED certification comes from, to which the Project Manager responded that the majority of the money is coming from the construction budget. Councilmember Gilmore inquired whether any of the money is coming from Alameda Power & Telecom's (AP &T) budget. The Project Manager responded in the negative; stated that AP &T staff have discussed the potential of using grant funding to supplement the budget by approximately $62,000; staff report will be going to the Public Utilities Board on December 20; utilizing any AP &T resources to fund the Library would cut down on any grand funding for private businesses. Councilmember Gilmore inquired whether the assumption would be that money would come out of the construction budget if the City wanted to include the LEED certification, to which the Project Manager responded in the affirmative. Councilmember Kerr stated that the City use of additional Measure 0 funds; $4.2 funds are needed, including the 100 additional Measure 0 funds are not used, million shortfall; noted AP &T is required public benefit projects in the budget. cannot afford to remove million in additional contingency; if the there would be a $1.2 by law to have certain The AP &T General Manager stated four different categories are budgeted for public purpose programs: 1) energy efficiency, 2) Regular Meeting Alameda City Council 9 December 7, 2004 new investments and renewable energy sources, 3) low income programs, and 4) research and development; approximately $370,000 is budgeted annually toward energy efficiency, most of which is forecasted to be spent or already encumbered. Mayor Johnson inquired whether the allocations within the four categories could be adjusted, to which the AP &T General Manager responded that the monies set aside for the public benefit program have already been overspent. Councilmember Matarrese stated there is an option to reduce the contingency to $3 million. Mayor Johnson stated a realistic, sound contingency is needed; some people have stated that the loo contingency is too low. Councilmember Matarrese stated that doing the value engineering process should reduce the reliance on contingency. Vice Mayor Daysog stated that the contingency industry standard is less than 100. Councilmember Matarrese stated that utilizing redevelopment funds to fill the gap is an option; Measure 0 funds need to be protected because of the campaign commitment to branch libraries. Mayor Johnson inquired what direction the Project Manager needed tonight, to which the Project Manager responded that he would like specific direction on the exterior wall cladding, LEED certification, durability of fiver cement counter tops versus pressure laminate, and suitability of leather. Michael Hartigan, Citizen Representative of the Library Building Team (LBT), urged moving forward with the project. Honora Murphy, LBT Chair, urged Council to consider Certificates of Participation when funding is addressed. Mayor Johnson requested clarification on the issue of Certificates of Participation. The City Attorney stated under Proposition 218, Certificates of Participation issued for City Hall required a vote of the people; Certificates of Participation must identify a funding Regular Meeting Alameda City Council 10 December 7, 2004 source and would require a vote of the people. The Finance Director stated that Certificates of Participation are a lease -back; an asset must be in place in order to issue Certificates; in the case of the library, the asset is not built yet; Certificates could be issued by a vote of the people after the building is built; without an asset in place, rates go up. Marilyn Ezzy Ashcraft, LBT, urged the Council not to abandon the LEEDS certification. Vice Mayor Daysog stated that the West End Library is beautiful; that he is willing to move forward on the requested items and discuss funding later. Mayor Johnson inquired how much the savings would be for fiber cement versus laminate countertops; inquired about maintenance. The Project Manager responded the laminate counter tops would last fairly long and could be replaced two to three times prior to reaching the cost of fiber cement; there is a $26,000 saving by going with pressure laminate counter tops in the staff areas only. Councilmember Kerr stated that removing remove the leather versus vinyl option from discussion was fine with her. The Project Manager stated that the leather versus vinyl option is not critical to the construction contract. Mayor Johnson inquired whether LEED certification could be pursued if funding was found within a timeframe that works with the construction schedule, to which the Project Manager responded LEED certification should be decided on tonight. Mayor Johnson inquired whether other utility companies have been contacted for potential funding, to which the Project Manager responded that he has been in communication with Pacific Gas & Electric (PG &E) and they have not offered any supplemental funding. Mayor Johnson inquired whether the City has applied for money through PG &E, to which the project Manager responded that he applied for a program that PG &E has for new commercial structures. Regular Meeting Alameda City Council 1 1 December 7, 2004 Councilmember Gilmore stated that the LEED certification should not be pursued because the design benefits are already in the building; money should not be spent on outside consultants for when the outcome is uncertain. The Project Manager stated that the elements being taken out are clearly detailed; the staff shower, recycled cotton insulation, additional monitoring points, and the CO2 monitoring in the conference room. Mayor Johnson inquired whether LEED certification is a one -time examination, to which the Project Manager responded there is a revisit after the first year. Councilmember Matarrese stated that he is not interested in placing a certificate on a wall for $54,000; he is interested in the outcomes of LEED assessment; inquired whether having the HVAC wired to accept the monitoring points for efficiency is a $54,000 savings. The Project Manager stated that the CO2 monitors could be installed for $2,950. Councilmember Matarrese stated that he has reservations about having the building turned over to the City without a good commissioning document; inquired whether the certification money could be found through grants The Project Manager stated the LEEDS certification has to start the first day of the project. Mayor Johnson stated that component #4 (leather versus vinyl upholstery) would not be addressed. Councilmember Matarrese stated that he was satisfied with the exterior brick wall cladding option. Mayor Johnson stated that she was fine with the pressure laminate counter tops in the staff area, installation of the CO2 monitoring, and not pursuing the LEED certification. The Project Manager stated that he hoped to bring the Contract to Council before the end of the year to lock in 2004 prices; there would be cost escalations immediately in 2005. Regular Meeting Alameda City Council 12 December 7, 2004 Councilmember Matarrese stated that he wants to ensure that benefits are not being given up for $54,000 and assurance that the project is completed as specified. Councilmember Gilmore inquired whether the commissioning of the building for $10,000 involved any written documentation, to which the Project Manager responded that a written report would be issued. Councilmember Gilmore inquired whether there would be any independent checking to ensure that the work was done as specified, to which the Project Manager stated that a third party could be hired; Taylor Engineering could come back in one to three years to ensure that the system is operating efficiently. Vice Mayor Daysog inquired whether State money would be lost by not having LEED certification, to which the Project Manager responded in the negative. Vice Mayor Daysog moved approval of directing staff to move forward with the Contract, including the exterior brick wall cladding, not pursuing LEED certification, and pressure laminate counter tops in the staff areas. Councilmember Kerr seconded the motion. Under discussion, Vice Mayor Daysog stated that he was confident that everything would be done to keep costs down. The Project Manager stated that letters of intent would go out to Amaroso and all subcontractors locking in the prices. Mayor Johnson stated that the cost of materials is not the only cost escalation factor. (04 -658) Public Hearing to consider amending Underground Utility Districts, Phase 6; and (04 -658A) Resolution No. 13802, "Amending Underground Districts, Phase 6." Adopted. Councilmember Kerr moved adoption of the Resolution. Regular Meeting Alameda City Council 13 December 7, 2004 Councilmember Gilmore seconded the motion. Under discussion, a resident from the 2500 block of Webb Avenue urged Council to include the 2500 block of Webb Avenue was included. The Public Works Director stated that Webb Avenue is not included in the District; requests for inclusion were not received; at this time, Webb Avenue cannot be added because noticing was not completed; when a comprehensive, accelerated undergrounding plan is provided to Council, Webb Avenue can be added. Councilmember Matarrese stated Council requested that the money be spent down each year instead of building a surplus. Vice Mayor Daysog inquired what timeline is envisioned for putting a plan together, to which the Public Works Director responded the process would take three to four months. Vice Mayor Daysog requested that Public Works review a comprehensive plan for improving the infrastructure that would allow residents to check progress. On the call for the question, the motion carried by unanimous voice vote - 5. (04 -659) Public Hearing to consider an Appeal of the Planning Board's denial of Major Design Review DR04 -0013 and Variances VO4 -0005, VO4 -0015, VO4 -0016, VO4 -0017 to permit the construction of a rear deck and garage addition completed without City permits; and adoption of related resolution. The rear deck measures thirty inches in height from grade to top surface of deck and is built up to the south (left side) and west (rear) property lines. The garage addition is an expansion of the existing single- family dwelling to the north (right side) and west (rear) property lines. The Applicant is requesting four (4) Variances to permit construction of the work completed without permit including: 1) Variance to Alameda Municipal Code (AMC) Subsection 30- 5.7(c)(2)(6) to construct a rear deck that measures thirty inches in height and is constructed up to the south side and rear property line with zero setback, where a minimum three foot setback is required for decks measuring twelve to thirty inches in height; 2) Variance to AMC Subsection 30- 5.7(e) (1) to construct an unenclosed stair and landing up to Regular Meeting Alameda City Council 14 December 7, 2004 the south side property line with zero setback, where a minimum three foot setback is required for unenclosed stairs and landings; 3) Variance to AMC Subsection 30- 4.4(d)(7) to construct an attached garage addition that extends the main dwelling up to the rear property line with zero setback where a minimum twenty foot setback is required for rear yards; 4) Variance to AMC Subsection 30- 4.4(d) (6) to construct an attached garage addition that extends the main dwelling up to the north side property line with zero setback where a minimum five foot setback is required for side yards. The site is located at 913 Oak Street within an R -4, Neighborhood Residential Zoning District. Applicant: Fred and Ursula Hoggenboom. Continued to January 4, 2005. Councilmember Gilmore moved that the hearing be continued to January 4, 2005. Councilmember Matarrese seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Daysog, Gilmore, Matarrese and Mayor Johnson - 4. Abstention: Councilmember Kerr - 1. (04 -660) 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 Regular Meeting Alameda City Council 15 December 7, 2004 encroachment be withdrawn because encroachment is in compliance, subject to Design Review approval. Applicant /Appellant: Rita Mohlen. Continued to January 18, 2005. Councilmember Kerr moved that the hearing be continued to January 18, 2005. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. (04 -661) Recommendation to accept the City of Alameda Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ended June 30, 2004. The City's External Auditor, Maria Giannell, Maze & Associates, gave a presentation summarizing the financial statements and management recommendations. Vice Mayor Daysog inquired whether the City is anywhere near the unfunded pension liability situation in San Diego, to which the External Auditor responded in the negative. Vice Mayor Daysog requested staff to provide an explanation on the components of the $7 million interfund transfers. Councilmember Matarrese inquired whether the spreadsheet structure could be simplified, to which the External Auditor responded that the City's method for tracking transfers is boiled down fairly well. Vice Mayor Daysog requested the External Auditor to work with the City Auditor and City Treasurer on the 4 to 7 best practices to allow the City to compare same size cities. The External Auditor responded that accountants are precluded from including opinions in financial statements; she could assist staff in developing and analyzing the information to be included in a staff report; it is helpful to put the numbers in context to utilize the financial statements as a tool. Councilmember Matarrese stated the audit report is dated October 15, 2004; inquired why Council is receiving the report now. The External Auditor responded audit standards state the last date of the fieldwork is the date of the audit; after the Regular Meeting Alameda City Council 16 December 7, 2004 fieldwork is completed, the reconciliation is put together for the financial statements; once the upper level consolidation is complete, the draft financial statements can be provided to staff. Mayor Johnson inquired whether a ten -year projection should be implemented, to which the External Auditor responded that she recommends initiating a ten -year projection to enable Council to do long -range planning rather than react to crises that need to be addressed immediately. Mayor Johnson inquired how a ten -year projection could be implemented, to which the External Auditor responded that she could help build a model and provide the tools for staff to manage the operation. Councilmember Kerr stated that the City's pension contributions have gone up by $9 million between 2002 and 2004 and is an example of the serious financial challenges that the City faces. The City Treasurer stated that he encourages Council to move forward with a ten -year projection. The City Auditor stated that it is important to have a ten -year projection for the retirement benefit plan; a ten -year projection for the entire budget would cost significantly more. Vice Mayor Daysog requested a recommendation for providing a structure on how to handle the matter; stated the City does not have a Finance and Budget Commission. Councilmember Kerr stated that the Civil Service Board should be made aware of the situation. The External Auditor stated reviewing pension costs in isolation without reviewing revenues does not allow the Council to see the overall impact on City operations; staff involvement in the project saves time and money and provides staff ownership. Mayor Johnson inquired what the timeframe would be for the project. The External Auditor responded that January or February would be a good time to work on the project with staff. Regular Meeting Alameda City Council 17 December 7, 2004 Councilmember Matarrese stated that he wanted to ensure that the project was well defined with regard to Council's expectations; that he liked the idea of reviewing the pension funds and health benefits. The City Manager inquired whether Council would like staff to work with the External Auditor, City Auditor and City Treasurer in drafting a scope of services for Council review. Mayor Johnson responded in the affirmative; stated that the numbers need to be put in context; requested information on the bond refinancing issue. The City Treasurer stated that money was needed by the City for a project; Council approved the bond issue request; the bond was to be backed by a letter of credit issued by a bank; the letter of credit was pulled due to the underwriting bank having difficulties, which resulted in a bond that did not appear to be as good; the refinancing seemed to unwind the disadvantageous situation. Mayor Johnson inquired how much the refinancing cost the City, to which the City Treasurer responded $3 million. Vice Mayor Daysog inquired which bond was being referenced, to which the External Auditor responded the $18.5 million 2003 Tax Allocation Refunding Bond. Councilmember Matarrese stated there are two issues within the audit observation; one is a question of financial practices within the Finance Department and the other is an issue of governance and policy; approving a refinancing is something that Council should review; that he believes there should be a response to the audit observations which indicates deficiencies in the practice. The Finance Director stated that she could provide an internal control memorandum with an action plan for correction by the first meeting of January. (04 -662) Councilmember Kerr moved that the Regular City Council Meeting be continued to after 12:00 a.m. Regular Meeting Alameda City Council 18 December 7, 2004 Vice Mayor Daysog seconded the motion, which carried by unanimous voice vote -5. Councilmember Gilmore stated that she appreciates the speed in which the Finance Director anticipates getting a corrective action to the Council; she does not want information presented as an Off Agenda Report; she would like to have the matter placed on the agenda to allow Council discussion and direction; that she was gratified to see the External Auditor's recommendation to involve the City Auditor and City Treasurer more on a daily basis; she would recommend Council to have a joint work /study session with the City Auditor and City Treasurer once some of the data comes. Mayor Johnson concurred with Councilmember Gilmore; stated some cities have audit offices; inquired whether it was unusual for a city the size of Alameda not to have an audit staff. The External Auditor responded Alameda is only one of three cities she audits that has an internal auditor. Mayor Johnson stated that there seems to be issues where more on -going audit activities would be beneficial. The External Auditor stated that the Council might want to add an Assistant Finance Director position once there is an improvement in economic conditions. Councilmember Matarrese requested that the audit responses for corrective and preventive action be brought back to Council for approval; stated that the responses also need technical approval by the City Auditor. Mayor Johnson stated that developing an annual plan for auditing issues would be a good idea. (04 -663) Recommendation to appropriate $50,000 for services and supplies necessary to engage the community and analyze potential impacts of the proposed Koi Nation Indian casino in Oakland. Accepted. Councilmember Kerr urged residents to attend a Special Meeting on December 14. Regular Meeting Alameda City Council 19 December 7, 2004 Councilmember Kerr moved approval of staff recommendation. Councilmember Matarrese seconded the motion. Under discussion, Mayor Johnson inquired who was coordinating the meeting, to which the City Manager responded the Assistant to the City Manager. On call for the question, the motion carried by unanimous voice vote - 5. (04 -664) Ordinance No. 2933, "Amending the Alameda Municipal Code by Repealing Subsection 30- 4.2(d)(9) (R -2, Two Family Residence District, Minimum Height, Bulk and Space Requirements) , Subsection 30- 4.3(d)(10) (R -3, Garden Residential District, Minimum Height, Bulk and Space Requirements), Subsection 30- 4.4(d)(10) (Neighborhood Residential District, Minimum Height, Bulk and Space Requirements), 30- 4.5(d)(10) (General Residential District, Minimum Height, Bulk and Space Requirements), Subsection 30- 4.6(d) (10) (Hotel Residential District, Minimum Height, Bulk and Space Requirements), and Section 30 -5.12 (Open Space; Schedule of Required Residential Open Space) of Chapter XXX (Development Regulations) in Their Entirety, and Adding a New Subsection 30- 4.2(d)(9) (R -2, Two - Family Residence District, Minimum Height, Bulk and Space Requirements) , Subsection 30- 4.3(d)(10) (R -3, Garden Residential District, Minimum Height, Bulk and Space Requirements), Subsection 30- 4.4(d)(10) (Neighborhood Residential District, Minimum Height, Bulk and Space Requirements), 30- 4.5(d)(10) (General Residential District, Minimum Height, Bulk and Space Requirements), Subsection 30- 4.6(d) (10) (Hotel Residential District, Minimum Height, Bulk and Space Requirements), and Section 30 -5.12 (Definition of Required Residential Open Space)." Finally passed. Councilmember Kerr moved final passage of the Ordinance. Vice Mayor Daysog seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON- AGENDA (04 -665) Lorraine Lilley, Harbor Island Tenant Association, requested Council to place a fair relocation ordinance on the December 21, 2004 City Council Meeting. Regular Meeting Alameda City Council 2 0 December 7, 2004 (04 -666) Modessa Henderson, Harbor Island Tenant Association, requested Council to review the interim control and place the matter on the December 21, 2004 agenda; inquired how an item could be placed on the agenda. (04 -667) Jean Sweeney, Alameda, submitted a handout the 2004 Alameda Point Environmental Program and reviewed contamination. Councilmember Matarrese stated valuable information was presented; requested an official report on the matter at the next Alameda Reuse and Redevelopment Authority Meeting. Councilmember Kerr stated that staff could reproduce the map presented at no cost. (04 -668) Bill Smith, Alameda, discussed electric bicycles. COUNCIL COMMUNICATIONS (04 -669) Discussion regarding Assembly Bill 2404 (Steinberg) Discrimination: Athletic Programs Councilmember Kerr stated the Bill addresses sports programs discriminating against young women; the legislation is concisely written and has some teeth; the City should review the legislation. Mayor Johnson stated that the City is liable for non - compliance and should take an affirmative measure to ensure compliance; inquired whether the matter should be referred to the Recreation and Parks Commission. Councilmember Kerr responded that the Recreation and Parks Commission would be a good place to start. Mayor Johnson stated organizations which use City facilities were also included. Councilmember Kerr stated that the City is responsible for allocating resources to private organizations. The Recreation and Parks Director stated staff is reviewing the Bill with the City Attorney's office; the City is in better Regular Meeting Alameda City Council 21 December 7, 2004 shape today due to the establishment of the Sports Advisory Committee and a Field Allocation Program. Mayor Johnson stated that some of the sports leagues do not have permits for practice times; there should be a formal signup requirement. The Recreation and Parks Director stated specific age groups and teams need reporting; pier review has been helpful. (04 -670) Councilmember Kerr stated that a Councilmember should be assigned to monitor Oakland Planning Commission meetings; a recycling facility on the estuary near High Street is being proposed; suggested that a member of the Council subscribe to the Oakland Planning Commission agendas. Mayor Johnson requested to start receiving a copy of the Oakland Planning Commission agendas. (04 -671) Councilmember Matarrese stated that the City has a December 16 court date regarding Harbor Island Apartments; requested the matter be placed on an agenda; stated that he is disappointed with the Federal Court's actions. Councilmember Kerr stated City Council action is not needed to pass an ordinance; that she has a negative reaction to punishing every landlord because of the bad acts of one landlord. Vice Mayor Daysog stated that he believes the proposed ordinance is worth reviewing; that he would hate to have to go to court again; that he does not believe the City is ready to have an emergency ordinance at this time. Mayor Johnson stated that there are many organizations in Alameda that would like to provide input; stated that she does not recall any Rent Review Advisory Committee action in the last two years. Councilmember Gilmore concurred with Vice Mayor Daysog; stated that she was concerned that other landlords would watch to see how the City would handle the Fifteen Asset Management Group; the City does not want to be reactive; policies should be in place. Regular Meeting Alameda City Council 22 December 7, 2004 Councilmember Matarrese stated that Council needs an update on what happens at the December 16 hearing; direction needs to be established. Councilmember Matarrese requested a report on planning and building activity, the outcome of the December 16 court date, and any negotiations between the City and the Fifteen Asset Management Group be discussed at the December 21 City Council Meeting. Vice Mayor Daysog stated the discussion should include the next steps to be taken. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Regular meeting at 1:00 a.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 2 3 December 7, 2004