2006-05-16 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- -MAY 16, 2006- -7:30 P.M.
Mayor Johnson convened the Regular Meeting at 7:54 p.m.
ROLL CALL - Present: Councilmembers Daysog, deHaan, Gilmore,
Matarrese, and Mayor Johnson - 5.
Absent: None.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(06 -253) Presentation by Alameda Architectural Preservation
Society of a Historic Preservation Award for the storefront
rehabilitation of the Oddfellows Building at 1501 Park Street using
a City facade grant.
Denise Brady, President of the Alameda Architectural Preservation
Society, presented the award to the Mayor.
Mayor Johnson thanked Ms. Brady for the award; acknowledged the
efforts of the Business Development Division Coordinator and
Development Services Director; stated the community realizes the
importance of preserving and restoring historic structures.
(06 -254) Proclamation declaring May 18, 2006 as Bike to Work Day.
Mayor Johnson read and presented the proclamation to Lucy Gigli and
John McNulty with Bike Alameda.
Ms. Gigli thanked the Council for the proclamation; stated the
Alameda Association of Realtors has done a great job to encourage
biking.
CONSENT CALENDAR
Mayor Johnson announced that the recommendation to approve a
Contract with EIP Associates [paragraph no. 06 -258], and Resolution
of Intention to Levy an Annual Assessment [paragraph no. 06 -262]
were removed from the Consent Calendar for discussion.
Councilmember Matarrese moved approval of the remainder of the
Consent Calendar.
Councilmember deHaan seconded the motion, which carried by
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unanimous voice vote - 5.
[Items so enacted or adopted are indicated by an asterisk preceding
the paragraph number.]
( *06 -255) Minutes of the Special and Regular City Council Meetings
held on May 2, 2006, and the Special City Council Meetings held on
May 3, 2006. Approved.
( *06 -256) Ratified bills in the amount of $8,292,392.81.
( *06 -257) Recommendation to accept the Quarterly Sales Tax Report
for the Period Ending March 31, 2006. Accepted.
(06 -258) Recommendation to approve a Contract with EIP Associates,
Inc. in the amount of $173,075 for the preparation of an
Environmental Impact Report for Harbor Bay Associates, Inc.
The Planning and Building Director provided a brief oral report.
Councilmember deHaan stated that the environmental review procedure
is standard and is available to any individual.
Mayor Johnson stated the staff recommendation is to approve having
the Environmental Impact Report prepared and is not project
approval.
The Planning and Building Director stated that the Contract ensures
that the applicant pays for the services.
Councilmember Matarrese inquired whether the City was the owner of
the Contract, to which the Planning and Building Director responded
in the affirmative.
David Kirwin, Alameda, stated past newspaper articles have
indicated that the City could build several thousand homes on Bay
Farm Island because of the reverse commute; the review is the fifth
one that has been performed; the demand to provide public services
and community facilities would increase the tax burden on the City.
Mayor Johnson inquired whether the referenced article addressed a
proposal to build several thousand homes at Harbor Bay.
Mr. Kirwin responded the article noted that building several
thousand homes was possible; the proposed lot size is not the
family neighborhood quality and style of Alameda.
Councilmember Matarrese noted the City does not plan to build
homes; an application to build homes was submitted by the property
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owner.
The City Attorney stated the process is long; studies would be
conducted to provide adequate information to the Planning Board to
consider the application.
Mayor Johnson stated the process is in the early stages; the City
is involved because the City wants to have the consultant perform
the work for the City.
Vice Mayor Gilmore stated an application for 104 homes does not
mean that 104 homes would be built; 104 homes are the maximum but
less could be built; the project may never be built because of
community and City concerns.
Councilmember Daysog stated that he would abstain on the matter; he
is concerned with on -going negotiations with the Port of Oakland;
building additional homes at Harbor Bay could injure the City's
position regarding airport expansion; information is needed to make
an informed decision.
Councilmember Matarrese stated he supports the recommendation in
order to provide current information to the Planning Board.
Councilmember deHaan stated hopefully the report will provide
needed information; the recommendation does not commit the City to
the project; concerns will be aired.
Councilmember Matarrese stated the staff recommendation commits the
City to engage the appropriate firm to conduct the study.
Councilmember Matarrese moved approval of the staff recommendation.
Vice Mayor Gilmore seconded the motion, which carried by the
following voice vote: Ayes: Councilmembers deHaan, Gilmore,
Matarrese and Mayor Johnson - 4. Abstentions: Councilmember Daysog
- 1.
( *06 -259) Recommendation to appropriate $16,000 from the Curbside
Recycling Fund and award a Contract in the amount of $72,582,
including contingencies, to AJW Construction for installation of
Rubberized Sidewalks, No. P.W. 02- 06 -05. Accepted.
( *06 -260) Recommendation to award Contract in the amount of
$436,000, including contingencies, to SpenCon Construction, Inc.
for the Fiscal Year 2005 -06 Repair of Portland Cement Concrete
Sidewalk, Curb, Gutter, Driveway and Minor Street Patching, No.
P.W. 03- 06 -06, and authorize the City Manager to execute up to four
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additional Contract Extensions. Accepted.
( *06 -261) Resolution No. 13952, "Requesting the Metropolitan
Transportation Commission to Allocate $219,186 in Transportation
Development Act (TDA) Article 3 Funding for the Fernside Boulevard
Pedestrian Access Improvements near Lincoln Middle School (Safe
Routes to School), No. P.W. 11- 02 -15." Adopted.
(06 -262) Resolution No. 13953, "Intention to Levy an Annual
Assessment on the Alameda Business Improvement Area of the City of
Alameda for FY 2006 -07 and to Set a Public Hearing for June 6,
2006." Adopted.
Councilmember deHaan inquired whether the annual assessment is only
for Park Street.
The Development Services Director responded the assessment is for
Park Street and Webster Street; the levy rates are different; the
fee is collected along with the business license fee.
Councilmember DeHaan inquired whether businesses have other
assessment.
The Development Services Director responded a City Lighting and
Landscape District is used for maintenance and trash collection;
smaller areas also have individual Lighting and Landscape District
areas.
Councilmember deHaan inquired whether there is a vote for the
assessment.
The Development Services Director responded the assessment was
voted in a long time ago but is not renewed annually; the self -
taxing improvement assessments have an annual review process.
Councilmember deHaan inquired whether Webster Street has a Lighting
and Landscape District.
The Public Works Director responded the City has Landscaping and
Lighting Districts throughout the City, including Webster Street,
Park Street and Bay Street; the fees are set annually; the fees are
used for maintenance, litter collection, and electricity.
Councilmember deHaan inquired whether the City provides the
service, to which the Public Works Director responded the service
is provided by a contractor.
Councilmember deHaan inquired whether the City manages the
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Contract.
The Public Works Director responded in the affirmative; stated he
was unsure whether the City managed the Contract for trash pickup
on Webster Street.
The Development Services Director stated Webster Street has two
zones for the Lighting and Landscaping District; the levy is
$35,000 per year; Park Street has one zone for $61,000 per year;
the Greater Alameda Business Area (GABA) has one zone for
approximately $4,800 per year.
Councilmember deHaan inquired whether the City provides other
funding streams from improvement funds.
The Development Services Director responded in the negative; stated
the City provides support to Webster Street and Park Street through
the Community Improvement Commission.
Councilmember deHaan inquired whether the matter would be addressed
in the budget process.
The Development Services Director responded in the affirmative;
stated the current budget provides $74,000 for Webster Street and
$94,000 for Park Street; next year's budget would provide $94,000
for each.
Councilmember deHaan inquired whether any funding is given to GABA.
The Development Services Director responded that GABA has not
requested any funding since she has worked for the City; a nominal
amount was provided approximately four years ago.
Councilmember deHaan moved adoption of the resolution.
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 5.
( *06 -263) Resolution No. 13954, "Ordering Vacation of an Abandoned
15 Foot Storm Drain Easement within Assessor Parcel No. 074-1360 -
Portion of 24, 25, 27, 29, 125 and 152 and Authorize Recordation of
Quitclaim Deed [ID No. 16]." Adopted; and
( *06 -263A) Resolution No. 13955, "Ordering Vacation of Abandoned 10
Foot Sanitary Sewer Easement within Assessor Parcel No. 074-1356 -
Portion of 12 and 13, and Authorize Recordation of Quitclaim Deed
[ID No. 17] (Catellus /Bayport Residential Project)." Adopted.
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( *06 -264) Resolution No. 13956, "Amending the Management and
Confidential Employees Association (MCEA) Salary Schedule by
Establishing the Salary Range for the Classification of Web
Technical Producer." Adopted.
REGULAR AGENDA ITEMS
(06 -265) Resolution No. 13957, "Appointing Jeanette L. Copperwaite
as a member of the Film Commission." (Historic Experience Seat)
Adopted;
(06 -265A) Resolution No. 13958, "Appointing Kenneth I. Dorrance as
a member of the Film Commission." (Realty/ Property Management
Professional Seat) Adopted;
(06 -265B) Resolution No. 13959, "Appointing David J. Duffin as a
member of the Film Commission." (Film /Video Industry Seat) Adopted;
(06 -265C) Resolution No. 13960, "Appointing Liam Gray as a member
of the Film Commission." (Arts /Cultural Seat) Adopted;
(06 -265D) Resolution No. 13961, "Appointing Orin D. Green as a
member of the Film Commission." (Film /Video Industry Seat) Adopted;
(06 -265E) Resolution No. 13962, "Appointing Patricia A. Grey and a
member of the Film Commission." (Film /Video Industry Seat) Adopted;
(06 -265F) Resolution No. 13963, "Appointing Tamar Lowell as a
member of the Film Commission." (Water /Marina Based Experience
Seat) Adopted; and
(06 -265G) Resolution No. 13964, "Appointing Theatte (Teddy) B.
Tabor as a member of the Film Commission." (Community -at -Large
Seat) Adopted.
Councilmember Matarrese moved adoption of the resolutions.
Vice Mayor Gilmore seconded the motion, which carried by unanimous
voice vote - 5.
The City Clerk administered the Oath and presented certificates of
appointment to Film Commission members.
Mayor Johnson announced that Allison Bliss is the Chamber of
Commerce representative, Tricia Collins -Levi is the West Alameda
Business Association representative, and Robb Ratto is the Park
Street Business Association representative.
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(06 -266) Public Hearing to establish Proposition 4 Limit
(Appropriation Limit) for Fiscal Year 2006 -07; and
(06 -266A) Resolution No.
for Fiscal Year 2006 -07."
13965, "Establishing Appropriations Limit
Adopted.
The Finance Director provided a brief presentation.
Mayor Johnson opened the public portion of the Hearing.
There being no speakers, Mayor Johnson closed the public portion of
the Hearing.
Councilmember Matarrese inquired what the rate would be if based on
increased population in the City instead of the County.
The Finance Director responded the adjusted appropriations limit
would be approximately $71 million instead of $74 million.
Councilmember deHaan moved adoption of the resolution.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
(06 -267) Public Hearing to consider collection of Delinquent
Business License Fees via the Property Tax Bills.
The Finance Director provided an updated, delinquent business
license list.
Mayor Johnson requested that the Finance Director briefly describe
what efforts are made to get delinquent business licenses paid.
The Finance Director stated property owners are billed even though
the Municipal Code states that the property owner is responsible
for applying and paying for a business license; an annual renewal
is sent out in April once a business license is on file; collection
is attempted through July 31, at which time the business license
becomes delinquent; delinquent notices are sent out again in March;
parcels with unpaid business licenses as of June 30 are placed on
the tax roll; Public Hearing notices are also sent.
Mayor Johnson stated the total amount of uncollected license fees
is $5,629.28, $9,536.77 with late charges; efforts are made to work
with the business community; the City appreciates what businesses
do for the community.
Councilmember Daysog suggested researching adding "Important
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Notice" in the top five languages to the notification.
Councilmember deHaan inquired whether most of the people on the
list have paid business licenses in the past.
The Finance Director responded some are continuing business; the
majority took out a business license in 2004 but did not renew in
2005.
Mayor Johnson inquired whether the notification indicates that the
owner needs to advise the City when the business ceases, to which
the Finance Director responded in the affirmative.
Mayor Johnson opened the public portion of the Hearing.
Rupert Davis, Oregon, stated he disagrees with the March 15 letter
he received; his mother -in -law had a business license [for 720
Lincoln Avenue] until 1997; rent stopped for the upper unit in 1997
because of renovation; his mother -in -law was advised by the Finance
Department that a business license is not required if only one unit
is rented; his mother -in -law passed away in 2001, and he and his
wife took ownership; the Finance Department personally informed him
that a business license is not required if only one unit is rented;
an $84 late fee is ridiculous when he was told that he did not need
a business license; only one unit was rented in 1997, 1998, and
1999, and he did not own the property at that time; no units were
rented from 2000 to 2003; rent started in February 2004.
There being no further speakers, Mayor Johnson closed the public
portion of the Hearing.
Mayor Johnson requested that Mr. Davis's case be referred to the
Finance Department to determine whether the fee is valid.
The Finance Director stated she would work with Mr. Davis.
Councilmember Matarrese stated conclusions would be made based upon
the supporting documentation.
Councilmember Daysog moved approval of staff recommendation with
direction to review and determine the validity of Mr. Davis's
complaints and research adding "Important Notice" in the top five
languages to the notification.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
(06 -268) Recommendation to award Contract in the amount of
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May 16, 2006
$1,050,505.00 to McGuire and Hester, and allocate a loo contingency
in the amount of $105,100.00 for the construction of the Bayport 4-
acre park.
The Redevelopment Manager provided a brief presentation.
Councilmember deHaan inquired whether the original bidder or
challenger resubmitted a bid, to which the Redevelopment Manager
responded in the negative.
Mayor Johnson inquired whether the bids were lower.
The Redevelopment Manager responded the bids for the park were
lower; stated the community building bids were higher than the
engineer's estimate; staff will recommend rejecting the bids at the
June 20 City Council Meeting.
The Acting Recreation and Park Director stated he has contacted the
School District to arrange for facilities to run the After School
Playground Program in the fall; field use will be rotated;
renovation of Godfrey Park will start after Bayport Park is opened.
Mayor Johnson inquired when the construction of the community
building would be completed.
The Acting Recreation and Park Director responded the community
building would be re -bid in the fall.
Mayor Johnson inquired whether construction could be done during
the school year, to which the Acting Recreation and Park Director
responded in the affirmative.
The Redevelopment Manager stated the community building is on
school property and is subject to the Department of State Architect
standards, which are higher; the original lowest bid was $730,000;
the re -bid was $850,000; the engineer's estimate was in the
$600,000 range.
Vice Mayor Gilmore moved approval of the staff recommendation.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
Mayor Johnson inquired whether the renovations for Godfrey Park
would start in September, to which the Acting Recreation and Park
Director responded hopefully.
Mayor Johnson inquired when renovations for Woodstock Park would
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May 16, 2006
start.
The Acting Recreation and Park Director responded the City has
until 2012 to spend the grant money; stated Ritler Park would be
renovated after Godfrey Park; Woodstock Park would be renovated
next; the Woodstock Park design is more involved because of
drainage problems in the neighborhood.
Councilmember Matarrese inquired why renovation for Ritler Park
would be before Woodstock Park.
The Acting Recreation and Park Director responded renovation for
Ritler Park would be quicker; stated renovation for Woodstock Park
would start next year in late summer or early fall.
Mayor Johnson stated starting renovation next year makes sense;
Woodstock Park would not be open for the baseball season if work
started next spring.
Councilmember deHaan inquired when the park and facility naming
policy would be brought to Council, to which the Acting Recreation
and Park Director responded June 6.
ORAL COMMUNICATIONS, NON- AGENDA
None.
COUNCIL COMMUNICATIONS
(06 -269) Vice Mayor Gilmore stated there have been various
lobbying efforts to allow triple tractor trailers on California
highways; California currently bans triple tractor trailers;
shipping companies are attempting to get the legislation through
the State; the Governor has indicated some interest last time the
issue was proposed; a subcommittee vote lost by a margin of eight
to five; requested that the matter be placed on the agenda; stated
citizen safety is a concern; there is potential for jackknifing and
major wear and tear on local roads.
Mayor Johnson concurred with Vice Mayor Gilmore; inquired whether
triple tractor - trailers could be restricted in Alameda.
The City Attorney responded probably not; stated there may be State
and Federal preemptions; a number of Alameda streets are considered
State highways.
Councilmember Matarrese stated that the matter should be placed on
the agenda.
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Councilmember deHaan stated eleven states allow triple tractor -
trailers, the Federal government does not.
Mayor Johnson inquired whether double tractor - trailers are
permitted in California and not Oregon, to which Councilmember
deHaan responded in the affirmative.
Vice Mayor Gilmore inquired whether the matter could be placed on
the agenda sooner rather than later, to which the City Manager
responded the matter would be placed on the June 6 City Council
agenda.
(06 -270) Councilmember deHaan stated that the City has easement
rights for streetscaping along Appezzato Way even though
negotiations are being conducted with the Alameda Beltline;
requested an Off Agenda Report on the matter; stated the City is
missing an opportunity to bring the community together; landscaping
should be done sooner rather than later; the Summer House,
previously Harbor Island Apartments and Buena Vista Apartments, is
one of the highest density areas in Alameda, with 41 homes per
acre, and lends itself to a transportation node; the matter should
be brought to the Transportation Commission.
(06 -271) Mayor Johnson requested that the City Council or Planning
Board review office /business conversions in residential areas;
stated the Council set a precedent on the issue several years ago
[June 6, 2000] when a request was made to convert a residential
structure into a law office beyond a business area [2058 Central
Avenue]; she would like to formalize the precedent; previously the
Council stated that no residential conversions would be allowed in
the area.
Vice Mayor Gilmore stated that the Planning Board denied the
request because parking requirements could not be met and a
variance was requested.
Mayor Johnson stated the City should be clear on the matter so that
people do not purchase residential property with the intent to
convert the property to commercial.
The City Manager stated that the matter would be brought back to
Council, including past Council action.
(06 -272) Councilmember deHaan stated the Miracle League provides
an opportunity to establish a baseball field for individuals with
limitations; the School Board reviewed possible fields; endorsement
has been received from the Recreation and Parks Commission; the
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City provides full range sport opportunities; providing baseball
fields for the Miracle League fills the one gap; encouraged the
City to lend a kind ear to the opportunity and move forward.
ADJOURNMENT
There being no further business, Mayor Johnson adjourned the
Regular Meeting at 9:01 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
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May 16, 2006