2006-10-03 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- - OCTOBER 3, 2006- -7:30 P.M.
Mayor Johnson convened the Regular Meeting at 9:50 p.m.
ROLL CALL - Present: Councilmember Daysog, deHaan, Gilmore,
Matarrese, and Mayor Johnson - 5.
Absent: None.
AGENDA CHANGES
(06 -490) The Proclamation declaring October as Disability Awareness
month [paragraph no. 06 -496] was addressed after the minutes
[paragraph no. 06 -4951.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(06 -491) Proclamation declaring October as National Arts and
Humanities Month.
Mayor Johnson read and presented the proclamation to Debra Owen,
Executive Director, Frank Bette Center for the Arts.
Ms. Owen thanked the Council on behalf of the City's very large and
thriving arts community.
Councilmember Daysog stated Alameda is blessed with an abundance of
artists; he saw art by an Alameda artist displayed in a Washington,
D.C. Art Center.
(06 -492) Proclamation declaring October 4, 2006 as Walk & Roll to
School Day.
Mayor Johnson read and presented the proclamation to Elizabeth and
Sarah Adamson, Earhart Elementary School students.
Audrey Lord - Hausman introduced Gina Adamson, Walk and Roll
Coordinator; stated this year's Walk & Roll to School Day is the
sixth event.
(06 -493) Proclamation declaring October 15 -21, 2006 as National
Business Women's Week.
Mayor Johnson read and presented the proclamation to Kimberlee
Garfinkle and Margaret Seaman with the Isle City of Alameda
Business and Professional Women.
Ms. Garfinkle stated many of the members' relatives have been
Regular Meeting
Alameda City Council 1
October 3, 2006
affected by breast cancer; encouraged support of women -owned
businesses; noted recipients of this year's awards; stated this
year's event takes place on Saturday, October 21, at the Harbor Bay
Community Center.
(06 -494) Library project update.
The Project Manager gave a brief update.
Mayor Johnson thanked the Project Manager for all the efforts to
make the project a big success.
Councilmember Matarrese thanked the Project Manager for the great
job; stated the Library Director has been set up with a great
building; the community is anxious for the opening; construction is
top quality.
Councilmember deHaan thanked the Project Manager for the impressive
tour; inquired how much money will be turned back to the branch
libraries.
The Project Manager responded figures would be assembled and
presented at the first Council meeting in December; stated the
amount should be in excess of the $2 million promised with the
passing of Measure 0.
Councilmember deHaan inquired what is the next project.
The Project Manager responded there would be a community process
for branch libraries; stated the process has not started.
Vice Mayor Gilmore thanked the Project Manager for all the hard
work; stated the project's beginning was frustrating; a lot of
hours were put into value engineering, which made the project
possible.
Councilmember Daysog thanked the Project Manager; stated the
Library looks great on the outside.
The Library Director gave a brief presentation on the Library's
interior design and programs.
In response to Mayor Johnson's request for an explanation of
wireless capabilities, the Library Director stated the entire
building has a free, wireless network; a library card is needed to
connect to the network; the new Library will have 75 computers.
Mayor Johnson stated over 100 years was a worthwhile wait.
Regular Meeting
Alameda City Council 2
October 3, 2006
CONSENT CALENDAR
Mayor Johnson announced that the Minutes [paragraph no. 06 -495] and
Public Hearing [paragraph no. 06 -503] were removed from the Consent
Calendar for discussion.
Councilmember Daysog moved approval of the remainder of the Consent
Calendar.
Councilmember deHaan seconded the motion, which carried by
unanimous voice vote - 5.
[Items so enacted or adopted are indicated by an asterisk preceding
the paragraph number.]
(06 -495) Minutes of the Special Joint City Council and Public
Utilities Board Meeting held on September 14, 2006; the Special
Joint City Council, Alameda Reuse and Redevelopment Authority
(ARRA), Community Improvement Commission (CIC), and Housing
Authority Board of Commissioners Meetings, the Special Joint City
Council, ARRA and CIC Meeting and the Regular City Council Meeting
held on September 19, 2006; and the Special City Council Meeting
held on September 26, 2006.
Councilmember Daysog stated that he provided corrected language for
the September 19, 2006 minutes to the City Clerk; corrected the
September 26, 2006 minutes to reflect that he arrived at 7:45 p.m.
Councilmember Daysog moved approval of the minutes with noted
corrections.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
[Note: Vice Mayor Gilmore and Councilmember Daysog abstained from
voting on the Special Joint City Council and Public Utilities Board
minutes]
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(06 -496) Proclamation declaring October as Disability Awareness
Month.
Mayor Johnson read and presented the proclamation to Ed Cooney,
Chair, Mayor's Committee on Disability Issues and Toby Berger,
Committee Member.
Regular Meeting
Alameda City Council 3
October 3, 2006
Mr. Cooney stated disability is a natural condition and could
happen to anyone; thanked the Council for the proclamation.
CONSENT CALENDAR
( *06 -497) Ratified bills in the amount of $8,039,803.21.
( *06 -498) Resolution No. 14019, "Finding and Determining That a
Project Area Committee Need Not be Formed in Relation to the
Proposed Sixth Amendment to the Community Improvement Plan for the
Business and Waterfront Improvement Project Area." Adopted.
( *06 -499) Ordinance No. 2953, "Amending the Alameda Municipal Code
by Amending Subsection 30- 4.9A.g.8 (Off- Street Parking and Loading
Space) of the C -C Community Commercial Zone of Chapter XXX
(Development Regulations), to Add a Process for Parking
Exceptions." Finally passed.
Councilmember deHaan stated Council requested that the matter be
brought back for review in six months; tweaking can be done if
necessary.
The Planning and Building Director stated that she would be happy
to provide a report as often as necessary.
Councilmember Daysog moved final passage of the ordinance.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
REGULAR AGENDA ITEMS
(06 -500) Resolution No. 14020, "Appointing Robert A. Bonta as a
member of the Economic Development Commission (Banking/ Finance
Seat)." Adopted;
(06 -500A) Resolution No. 14021, "Appointing Cathy Nielsen as a
member of the Social Service Human Relations Board." Adopted; and
(06 -500B) Resolution No. 14022, "Appointing Henry B. Villareal as
a member of the Social Service Human Relations Board." Adopted.
Councilmember Daysog moved adoption of the resolutions.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
The City Clerk administered the Oath TO Ms. Nielsen and Mr.
Villareal and presented certificates of appointment.
Regular Meeting
Alameda City Council 4
October 3, 2006
(06 -501) Resolution No. 14023, "Appointing David J. Burton as a
member of the Climate Protection Campaign Task Force." Adopted;
(06 -501A) Resolution No. 14024, "Appointing Stanley M. Schiffman as
a member of the Climate Protection Campaign Task Force." Adopted;
(06 -502B) Resolution No. 14025, "Appointing Ron Silberstein as a
member of the Climate Protection Campaign Task Force." Adopted;
(06 -501C) Resolution No. 14026, "Appointing Lizette Weiss as a
member of the Climate Protection Campaign Task Force." Adopted; and
(06 -501D) Recommendation to accept report on the membership of the
Climate Protection Campaign Task Force.
The Planning and Building Director stated staff would be able to
start working with the Task Force later in the month to set goals
for the local action plan to reduce emissions and greenhouse gases
with adoption of the resolutions; the project is very exciting.
Councilmember Matarrese moved adoption of the resolutions and
approval of the staff recommendation.
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 5.
Councilmember Matarrese requested that leaf blowers and a vehicle
use plan be added to the list for the Task Force to work on.
The City Clerk administered the Oath and presented certificates of
appointment.
Mayor Johnson stated many highly qualified individuals applied and
were willing to volunteer time to the community; thanked the newly
appointed Task Force members.
Mr. Schiffman stated he sees the Task Force as a stewardship for
the environment; the goal is to leave a cleaner and healthier place
for future generations; he is delighted and honored to serve.
(06 -502) Recommendation to allocate funding for the purchase of
the Beltline property and the park design and development process.
The Recreation and Park Director gave a brief presentation.
Councilmember Daysog stated the park design and development process
seems to be staff driven; inquired whether thought has been given
to a community driven process with staff support.
Regular Meeting
Alameda City Council 5
October 3, 2006
The Recreation and Park Director responded thought has been given
to having a very open and collaborative process, with a great deal
of community involvement.
Mayor Johnson requested that the process be brought back to Council
for approval.
Councilmember deHaan requested an explanation on the dwelling unit
tax fund.
The Finance Director stated the dwelling unit tax fund is a tax
that is assessed at the building permit process stage;
approximately one -sixth goes to the Library construction fund; the
remainder goes to Recreation and Park; there are no requirements
addressing us of the funds; typically, the funds are used for park
construction and revitalization.
Councilmember deHaan inquired how much money is in the fund.
The Finance Director responded she did not know; stated funding
usage depends on the building cycle.
Mayor Johnson stated funding and ballot measure questions have been
raised; she has requested that the City Attorney respond to some of
the questions and provide an overview on the Beltline open space
issue.
The City Attorney provided a brief presentation.
Councilmember Daysog stated ordinances have two readings; inquired
whether the ordinance could be introduced but no finally passed
until the process is completed.
The City Attorney responded the first ordinance reading would not
jeopardize the City's position with on -going litigation; stated
rezoning action would not be taken until the second reading.
Councilmember Daysog left at 8:45 p.m. and returned at 8:47 p.m.
Councilmember deHaan inquired whether money is set aside and
earmarked for Estuary Park.
The Recreation and Park Director responded the money was earmarked
as a match for a grant the City applied for through the State; the
City did not receive the grant.
Regular Meeting
Alameda City Council 6
October 3, 2006
Councilmember deHaan inquired whether the City could pursue another
grant.
The Recreation and Park Director responded the City applied for the
second round of funding; stated the State reduced the total amount
available in the program to $1 million Statewide.
Councilmember deHaan inquired where the Estuary Park funding would
come from.
The Recreation and Park Director responded the City is always
looking for funding opportunities; stated State sources are
unlikely; a definite plan is not in place.
Mayor Johnson stated the Council set aside $1 million in a general
open space fund; Council always has the ability match money for a
grant application.
Mayor Johnson opened the public portion of the hearing.
Debra Arbuckle, Alameda, stated she wants to ensure public
involvement in the process; the public is willing to write grants.
Mayor Johnson suggested a stated a Task Force be established to
formalize community involvement.
Councilmember Daysog stated that he liked the idea of a Task Force.
Mayor Johnson stated Estuary Park and the Beltline are not
competing; Council would find money to match a grant application.
Vice Mayor Gilmore stated the Task Force idea is good and would
help staff identify community resources, particularly grant
writers.
Vice Mayor Gilmore left at 8:58 p.m. returned at 9:00 p.m.
Ms. Arbuckle stated the Skate Park is a good example of community
involvement.
Bill Smith, Alameda, discussed site clean up and open space uses.
There being no further speakers, Mayor Johnson closed the public
portion of the hearing.
Councilmember Matarrese stated the property should have an open
space commitment; he is intrigued with Councilmember Daysog's
Regular Meeting
Alameda City Council 7
October 3, 2006
suggestion regarding the first and second reading of the ordinance;
a legal opinion is necessary while the case is pending; he likes
the idea of a Task Force formalizing a community driven process;
the project's magnitude requires a Task Force in conjunction with
the Recreation and Park Commission; the planning process would be
long; he would like to see the planning process end when the City
takes control of the property.
Councilmember deHaan stated the Beltline is a great opportunity;
Jean Sweeney's efforts were instrumental in the process; requested
more detail on the $98,000 park planning cost; stated the process
was grassroots in nature; the community helped to lessened the
burden.
Councilmember Daysog suggested that the motion address starting the
process, including the first reading of the ordinance, and
addressing the legal issues.
The City Attorney suggested adopting a resolution expressing the
Council's intent to rezone the property to open space, which is
consistent with the voter's Measure E direction, as soon as the
City receives the deed; stated said resolution would not pose any
threat to the pending lawsuit against the City regarding possible
inverse condemnation.
Councilmember Daysog concurred with the City Attorney; stated the
community would understand that the City is moving forward but is
being careful.
Councilmember Matarrese moved approval of the staff recommendation
with direction to 1) allocate funds from Open Space fund and
designate said funds for the purchase of the Beltline, 2) begin the
community planning process with the recommendation that the process
be community driven with a Task Force that would work in
conjunction with the Recreation and Park Commission; and 3) prepare
a resolution that shows Council's intent to rezone the property
upon obtaining the deed.
Vice Mayor Gilmore suggested including the dwelling unit fund.
Councilmember Matarrese amended his motion to include the dwelling
unit tax would augment the funds as described in the staff report.
Councilmember Daysog seconded the amended motion, which carried by
unanimous voice vote - 5.
(06 -500) Resolution No. 14020, "Appointing Robert A. Bonta as a
member of the Economic Development Commission (Banking/ Finance
Regular Meeting
Alameda City Council 8
October 3, 2006
Seat." Adopted.
The City Clerk administered the Oath and presented a certificate of
appointment.
Mr. Bonta thanked Council for the opportunity to serve.
(06 -503) Public Hearing to consider Resolution No. 14027,
"Amending Master Fee Resolution No. 12191 to Revise and Streamline
the Planning and Building, Public Works and Fire Departments Fee
Schedules." Adpoted.
The Building Official gave a brief presentation.
Councilmember Daysog inquired when the current $125 pre -build
conference fee was established.
The Fire Marshal responded the fee was adjusted from $95 to $125
three years ago.
Councilmember Matarrese stated he liked the idea of going to a
time /cost fee versus a project evaluation fee; the office - tenant
improvement fees almost doubled; he does not see a good rational
for doing so; businesses might be discouraged from improving and
reusing empty space; inquired why the fee almost doubled.
The Building Official responded all fees were established by
reviewing the various plan check and inspection components; stated
tenant improvement inspections and plan checks tend to be fairly
complex.
Councilmember Matarrese stated the issue comes back to the rational
of reducing fees below cost recovery when a project is for the
City's general benefit; doubling the fee might not be for the
general benefit because of the large vacancy rate in commercial
spaces.
The Building Official responded the issue could be reviewed; stated
public benefit discussions involved special events for non - profit
groups such as sidewalk permits for homeowners, not necessarily a
property owner developing property; the theory was that property
owners should bear the fee when performing work on their property.
Councilmember Matarrese stated the logic was not used on seismic
retrofit projects.
The Building Official stated the logic was based upon the common
good of seismic retrofitting; the City benefits from not having
Regular Meeting
Alameda City Council 9
October 3, 2006
buildings damaged in earthquakes.
Mayor Johnson inquired whether the office - tenant improvement fee is
for projects over 5,000 square feet.
The Building Official responded the fee was based on a typical
office - tenant improvement cost; stated new fees would be
established based on the type of building construction, occupancy,
and square footage.
Councilmember Matarrese stated he does not see the logic in having
a dramatic increase for a hurting area.
The Building Official stated the logic was based upon cost.
Councilmember Daysog inquired what is the percentage of residential
fees versus commercial, particularly office - tenant.
The Building Official responded permit fees amounted to $180
million last year; $96 million was for residential remodel and
additions, which is approximately 500; new home fees were
approximately 200; commercial fees were approximately 300.
Councilmember Daysog inquired how much of the commercial fees were
office - tenant improvements, to which the Building Official
responded the bulk of the 300.
Councilmember Daysog stated residents would be paying less; the
pre -build conference fee was $125 three years ago; the $125 fee
should be $140 based on a 4% annual inflation rate; the proposed
$144 pre -build conference fee seems reasonable.
Mayor Johnson inquired whether the false alarm fee included burglar
alarms, to which the Building Official responded currently there
are no false alarm fees for Fire Department responses, only Police
responses.
Mayor Johnson inquired how alarms are identified.
The Fire Marshal responded alarms are identified as a burglar or
fire alarm when received at the central station; stated fire alarms
are reported to the dispatch center and triggers the response from
the Fire Department.
Mayor Johnson inquired how the new fee would be applied.
The Fire Marshal responded false alarm fees are not included in
Council action tonight and would be presented at a later date.
Regular Meeting
Alameda City Council 10
October 3, 2006
Councilmember deHaan inquired how Alameda compares to other cities.
The Building Official responded Alameda is in the middle; the
proposed fees would put Alameda closer to the top.
Councilmember deHaan stated the best test would be to implement the
proposed fees; inquired whether feedback was received under the
current distorted fees.
The Building Official responded pros and cons were received; stated
contractors compare Alameda favorably with other cities.
Councilmember deHaan stated fees can be raised but service delivery
becomes the key issue; fees do not become a concerning factor if a
contractor can expedite the process; inquired whether higher
service would be anticipated with the higher fees.
The Building Official responded service would continue to be
maintained at a high level; stated anticipated staffing levels were
cross checked with the cost estimates.
Mayor Johnson inquired whether an overall fee collection increase
is anticipated or whether the increase is more of a refinement.
The Building Official responded the fee increases are more of a
refinement; stated currently $3 million is collected; $3.2 million
would be collected with the new fees.
Mayor Johnson inquired whether an overall, collective fee
comparison has been made.
The Building Official responded an overall fee comparison is
difficult to make with different cities.
Mayor Johnson stated the former Assistant City Manager intended to
review whether the fees were reasonable when added all together;
suggested reviewing the issue.
Councilmember Daysog stated the affordable housing fee was changed
several years ago to take inflation into account; affordable
housing fees started in the early 1990's under former Mayor
Withrow; a framework was instituted to address inflation; inquired
whether the same process should be done for all the other fees.
The Building Official responded fees are assessed upwards every
year.
Regular Meeting
Alameda City Council 1 1
October 3, 2006
Mayor Johnson requested that the matter be brought back to Council
in six months to make sure that the fee schedule works as intended.
Councilmember Daysog read the resolution paragraph addressing
administrative adjustments.
Mayor Johnson stated the intent is to make fees more predictable;
she hopes that the fee schedule works as intended.
Councilmember deHaan stated past, hard issues have been tackled,
particularly the flat rate; he hopes that a proper estimate can be
given for time and materials.
The Building Official responded efforts are made to provide proper
estimates; deposits should cover the full project.
Councilmember Daysog inquired what is the percentage for local fees
on new residential construction.
Te Building Official responded a Bayport home is valued at $350 to
$400 based on square footage; fees are about 40 of the value.
Councilmember Daysog moved adoption of the resolution.
Councilmember deHaan seconded the motion.
Under discussion Councilmember Matarrese stated the motion should
include direction to bring a report back to Council in six months
to make sure that the fee schedule works as intended, especially
with feedback on commercial fees.
The City Manager clarified that the fire inspection and alarm fees
are not included in the resolution.
Councilmembers Daysog and deHaan agreed to amend the motion to
incorporate Councilmember Matarrese's comments and clarification
that fire inspection and alarm fees are not included in the fee
schedule.
On the call for the question, the motion carried by unanimous voice
vote - 5.
ORAL COMMUNICATIONS, NON- AGENDA
(06 -504) Jimmie Lee Marks, Alameda, stated he was representing the
Encinal Alumni Association; the end of 3rd Street has no name;
inquired whom he should speak to regarding naming the end of the
street Don Grant.
Regular Meeting
Alameda City Council 12
October 3, 2006
Mayor Johnson stated the matter would be directed to the City
Manager.
(06 -505) Bill Smith, Alameda, discussed the harvest moon.
COUNCIL COMMUNICATIONS
(06 -506) Consideration of Mayor's appointment to the Rent Review
Advisory Committee.
Mayor Johnson appointed Karen Miller.
(06 -507) Councilmember deHaan stated he would like an internal
audit on inter -fund transfers; a process needs to be in place in
order to move forward with control and management; he would like
some feedback on the ground rules.
(06 -508) Councilmember Daysog stated he attended the League of
California Cities meeting several weeks ago; the hot topic was
redevelopment and why Proposition 90 should be stopped.
ADJOURNMENT
There being no further business, Mayor Johnson adjourned the
Regular Meeting at 9:41 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Regular Meeting
Alameda City Council 13
October 3, 2006