2001-05-15 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY - - MAY 15, 2001 - - 7:30 P.M.
Mayor Appezzato convened the Regular Meeting at 7:39 p.m.
ROLL CALL - Present: Councilmembers Daysog, DeWitt, Johnson,
Kerr and Mayor Appezzato.
Absent: None.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(01 -232) Mayor Appezzato announced the Alameda Unified School
District is having financial challenges; that he met with the City
Manager, School Superintendent and Assemblywoman Wilma Chan to
discuss what the community can do to help; stated that he requested
the City Manager to work with the Superintendent of Schools to
determine whether there is financial action which the City can
take, e.g. grants or loans, to ease the situation; if appropriate,
the matter should be presented to the City Council at the next
meeting or a special meeting.
Councilmember Daysog requested that when the City Manager reviews
said matter, there also be a report specifically reviewing an
excise tax as a remedy; noted excise taxes require a vote in an
election; stated the District cannot impose an excise tax; the
School District might place a property tax measure on the November
ballot; the City of Vacaville imposed an excise tax in the early
1990s to deal with revenue shortfalls in public services; an
excise tax would have ramifications to the Utility Users Tax.
Councilmember Kerr noted, as a Point of Order, that the matter was
not on the agenda and there should not be discussion.
Mayor Appezzato stated the matter is not being discussed, rather
information is being requested.
(01 -233) Mayor Appezzato stated there may be a Tube closure on
June 15; a public hearing was being held; a couple of movies are
being produced in the community; the movies bring in over $1
Million; the Tube needs to be closed one night for filming.
(01 -234) Mayor Appezzato stated hate fliers have been thrown on
driveways and mailed; that he received one in the mail; in
response, a mailing was sent to citizens explaining there is no
room for hate in Alameda; the matter is not being taken lightly;
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May 15, 2001
information was mailed to the community to ensure everyone
understands the behavior is not acceptable, although it is a matter
of free speech.
(01 -235) Presentation by Alameda Collaborative for Children, Youth
and Families Representatives regarding the "Kids Need Us. Make
Time." Awareness Campaign and Report Card.
Rich Thomas, Alameda Collaborative for Children, Youth and
Families, provided a brief background on the Collaborative; stated
the idea of the Report Card came from Kansas City's successful use
of a Report Card since 1992; outlined the evaluation process used
for the Report Card; further stated participants were not satisfied
with the status quo and think Alameda can do better; the Report
Card is not a comparison with other cities, rather it is a standard
by which evaluators think Alameda can perform; priorities need to
change.
George Phillips, Alameda Collaborative for Children, Youth and
Families, stated the Report Card should be used to: 1) inform the
public of the importance of youth and children needs, and 2) begin
a decision - making process regarding priorities.
(01 -236) Proclamation declaring the week of May 14 -20, 2001 as
"Girls Rights Week."
Mayor Appezzato read the proclamation and presented it to John
Abrate, Girls Inc.
Mr. Abrate introduced girls in attendance and showed a banner
created for Girls Rights Week.
(01 -237) Proclamation declaring May 15, 2001 as "Will C. Wood
Middle School Day."
Mayor Appezzato read the proclamation and presented it to School
Board Members Berresford Bingham, Anna Elefant and Janet Gibson,
Superintendent Dr. Alan Nishino and Wood School Principal Bill
Sonneman.
(01 -238) Proclamation declaring May 20 -26, 2001 as "Emergency
Medical Services Week."
Mayor Appezzato read the proclamation and presented it to Fire
Department Emergency Medical Services Director Doug Clifton,
Prehospital Care Coordinator Luis Diaz, Advanced Life Support
Ambulance Crew Members Christopher Marks and Jeffrey Del Bono, and
Alameda Hospital Emergency Department Nurse Manager Cindy Lamdin.
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Alameda City Council 2
May 15, 2001
CONSENT CALENDAR
Mayor Appezzato announced that the Resolution Affirming Support for
Senate Bill 993 [paragraph no. 01 -241] and the Resolution
Establishing the Affordable Housing Unit [paragraph no. 01 -242]
were removed from the Consent Calendar for discussion.
Councilmember Johnson moved approval of the remainder of the
Consent Calendar.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
[Items so enacted or adopted are indicated by an asterisk preceding
the paragraph number.]
( *01 -239) Minutes of the Special Joint City Council and Alameda
Reuse and Redevelopment Authority Meeting (Closed Session) and the
Regular City Council Meeting held on May 1, 2001. Approved.
( *01 -240) Recommendation to adopt Plans and Specifications and
authorize Calling for Bids for the Carnegie Building Phase I
Improvements - Structural Stabilization (Seismic) and Related
Improvements, No. P.W. 08- 99 -22. Accepted.
(01 -241) Resolution No. 13335, "Adoption of Resolution Affirming
Support for Senate Bill 993: The Early Education and Wage Equity
Act." Adopted; and
(01 -241A) Recommendation to Adopt Resolution Affirming Support for
SB 993. [Social Service Human Relations Board]
Ed Dankworth, Social Service Human Relations Board (SSHRB), stated
without funding from SB 993, Woodstock Child Development Center
might face closure or reduction in services; the SSHRB conducted
needs assessments which indicated child care is too expensive for
low- income families and there are not enough subsidized openings;
urged Council to adopt the Resolution.
Councilmember Daysog requested that the Resolution be transmitted
to the [Senate Health and Human Services] Committee Chair and
Members.
Councilmember Daysog moved adoption of the Resolution.
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote - 5.
(01 -242) Resolution No. 13336, "Adoption of Resolution
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May 15, 2001
Establishing the Affordable Housing Unit and Fee Requirements for
Article 27 -1 of the Alameda Municipal Code and Repealing Resolution
Nos. 11899 and 12075." Adopted.
(01 -242A) Introduction of Ordinance Amending the Alameda Municipal
Code by Repealing the Existing Article 27 -1 and Adding a New
Article 27 -1 (Affordable Housing Unit /Fee Requirements) to Chapter
XXVII (Development Fees). Introduced.
Councilmember Daysog stated the affordable housing fee is being
adjusted for inflation, while remaining competitive with other
communities.
Councilmember Daysog moved adoption of the Resolution and
introduction of the Ordinance.
Vice Mayor DeWitt seconded the motion.
Under discussion, Councilmember Kerr stated the fee includes low -
and very low- income [households] ; inquired whether moderate - income
was not included due to the Clayton - Guyton [lawsuit] Settlement.
The City Attorney responded in the affirmative.
Councilmember Kerr stated the language should be revised; the Court
Order requires money to go to low- and very low- income units; the
[lawsuit] requirements will be satisfied in the future; the
Ordinance should allow fees to go to moderate - income units; the
Court Order is being incorporated in the Alameda Municipal Code;
the Clayton - Guyton lawsuit also required the Redevelopment tax
increment 20% set aside from WECIP [West End Community Improvement
Project] and BWIP [Business and Waterfront Improvement Project] to
go to low- and very low- income; there are over 3,000 units of
subsidized housing in Alameda, of which almost none are for
moderate - income; further stated the Renewed HOPE Settlement left
workforce housing out in the cold and once again the focus became
low- and very low- income; the Ordinance should reflect that someday
funds can be put into moderate - income housing; requested a friendly
amendment [to the motion] to include moderate - income [in the
Ordinance]; stated the City Attorney's Office could incorporate
language which would allow fees to support the moderate - income
group; people who need a moderate amount of help to get housing are
being squeezed out; inquired whether Councilmember Daysog and Vice
Mayor DeWitt would agree to amend the motion to include direction
that the City Attorney's Office incorporate language which would
allow funds to go to moderate - income people.
Mayor Appezzato stated the he did not have a problem with said
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May 15, 2001
amendment; however, questioned why the law could not be changed
after the lawsuit expires.
Councilmember Daysog stated Council should move forward with the
[proposed] Ordinance; the City is still in the process of
fulfilling Clayton - Guyton Settlement obligations; therefore, the
language should remain [as presented]; developers should know what
is expected; language should be precise to ensure the City will not
be subjected to future litigation; if the Ordinance is amended,
Council would have to wait for revised language, which could take
more time.
Councilmember Kerr stated the City Attorney could be directed to
incorporate moderate - income, which could return to the Council at
the second reading; there would not be any delay.
Councilmember Daysog stated there would have to be a first reading
of the revised Ordinance.
Councilmember Kerr requested the City Attorney to address the
matter.
The City Attorney stated the Ordinance will be brought back for a
second reading at the next Council Meeting; if Council desires
language revisions, she can facilitate it; the matter is a policy
decision; the Council's desires can be implemented either way.
Mayor Appezzato stated there is not low- income housing for sale in
Alameda; three homes at the corner of Santa Clara Avenue and Walnut
Street sold for in excess of $150,000; it is expensive to live in
Alameda.
Councilmember Kerr stated there are over 3,000 subsidized units, in
which tenants pay 300 of income as rent; the City has done so much
to subsidize low- and very low- income housing; the lack of support
for the moderate - income range should be reviewed.
Councilmember Johnson requested staff to provide an explanation of
low- and moderate - income.
The Housing Development Manager stated for a family of four,
Housing and Urban Development defines very low- income as not
exceeding $33,800 per year, low- income as not exceeding $50,200 and
moderate - income is considered up to $81,100; depending upon family
size, the annual incomes vary on a graduated scale, e.g. moderate -
income for a six person family is as high as $94,000.
Councilmember Daysog stated the low- income family described seems
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May 15, 2001
to be the workforce families, which Renewed HOPE was addressing;
after language regarding moderate - income is prepared, he would
support it, however, the language presented should move forward.
On the call for the question, the motion carried by the following
voice vote: Ayes: Councilmembers Daysog, DeWitt, Johnson and Mayor
Appezzato - 4. Noes: Councilmember Kerr - 1.
* * *
Mayor Appezzato called a recess at 8:37 p.m. and reconvened the
Regular Meeting at 8:47 p.m.
* * *
( *01 -243) Ratified bills in the amount of $1,912,283.71.
REGULAR AGENDA ITEMS
(01 -244) Public Hearing to consider an Appeal of the Planning
Board's decision approving a Use Permit, UP- 00 -26, to extend the
hours of operation for the sale of gasoline at an existing legal
nonconforming service station to allow operation from 7:00 a.m. to
8:00 p.m., Monday through Friday, from 9:00 a.m. to 7:00 p.m. on
Saturday, and closed Sunday, in exchange for a reduction in hours
for the auto repair portion of the use; and Related Resolution.
The site is located at 1310 Central Avenue, in the R -4
(Neighborhood Residential) Zoning District. Appellant: Patricia
Kinzel, 1307 Central Avenue; and
(01 -244A) Resolution No. 13337, "Approving the Appeal of Patricia
Kinzel, and Overturning the Planning Board's Approval of Use
Permit, UP -00 -26 for 1310 Central Avenue." Adopted.
Mayor Appezzato opened the public portion of the Hearing.
Proponents:
Patricia Kinzel, Appellant;
Donna Gravem, Alameda;
Philip Gravem, Alameda;
John McCabe, Alameda;
Heather Abrams, Alameda;
Gordon Newell, Alameda;
Carlos Olson, Alameda;
Rose Ryan, Alameda;
Ken Carvalho, Alameda;
Marla Daugherty, Alameda;
Dennis Daugherty, Alameda;
Horst Breuer, Alameda;
Janet Gibson, Alameda.
Opponents:
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May 15, 2001
Carroll Tarver, Alameda;
Richard Flynn, Applicant's Representative;
L. Zektser, Applicant;
Maggie Cleveland, Alameda (not present);
Del Blaylock, Alameda;
Art Treadwell, Trinity Lutheran Church;
Paul Poirier, Alameda;
Donna McCaskey, Alameda;
Douglas Haines, Alameda;
Kathy Hanley, Trinity Lutheran Church;
Jon Spangler, Alameda;
Frank Terranova, Alameda;
Alice Wheless, Alameda; and
Mike Gorman, former Councilmember, Alameda.
There being no further speakers, Mayor Appezzato closed the public
portion of the Hearing.
Following Carlos Olson's comments regarding Franklin School
students crossing two streets in succession [Central and Encinal
Avenues], Councilmember Daysog requested the traffic advisory group
review installation of a pedestrian light at the intersection.
Mayor Appezzato stated the decision is very difficult; the Planning
Board's decision was split; the community is also split; the matter
has been before the City Council and Planning Board in the past;
the gas station is being well run, however, he has ruled against
expansion in the past; the owner was aware of [Use Permit]
restrictions.
Councilmember Johnson stated that she supports business, however,
businesses should not interfere with residential neighborhoods;
that she voted against expansion to allow a mini -mart in the past;
everyone, including those in favor of the Appeal, is pleased with
the new operator; however, Use Permits are linked to the parcel,
not the owner; when the new owner purchased the business, he was
aware of the restrictions and numerous past expansion attempts; the
appropriate action is to leave the current restrictions in place
and overturn the Planning Board's approval.
Councilmember Daysog stated conflict is most acute at the edges of
certain land uses; people are supportive of the conveniences
offered by the business right now; however, the business has
changed hands frequently; the Zoning is R -4 [residential], which
suggests that residential concerns should be considered over
business concerns; that he wants to be consistent with his previous
decisions and will support the Appeal.
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May 15, 2001
Councilmember Kerr stated the business is a non - conforming use; the
addition of 23 hours of operation is an intensification of use,
which is against the intent of non - conforming uses going away over
time; the owner was aware of restrictions when the business was
purchased; the owner should be complimented on the manner the
business is run; however, Use Permits go with the property, not the
owner; a gas station and repair shop at the corner of Park Street
and San Jose Avenue was sold to Big 0 Tires, and due to the Use
Permit, homes adjacent to the business now hear air - driven tools
six days a week; that she will support the Appeal.
Vice Mayor DeWitt stated the hours of operation are unreasonable;
the business is closed before people go to work and closed by the
time people get home from work; either the service station should
leave or the owner should be permitted to run the business and make
money; that he would support expansion of hours; there is no
traffic in the area; the gas station was there before many of the
current homeowners moved in; the business owner is not being
provided an ample opportunity to succeed; the small business, which
is not creating a problem in the area, is being hurt.
As a Point of Order, former Councilmember Mike Gorman stated the
authority of the City Council to hear an appeal of the Planning
Board should be based upon the [Planning Board] record;
Councilmembers have given their opinions based on testimony this
evening; however, there has been no reference to the record of the
Planning Board and whether the decision was sound based upon the
evidence and information before the Planning Board; the decision
seems arbitrary and irrelevant to the Planning Board's record.
The City Attorney responded Mr. Gorman is correct as to the former
rules, not the current rules; the rules were revised a number of
years ago; in the past, the record was limited for Appeals; now,
the City Council conducts a du novo hearing; the City Council makes
its own record, testimony and independent decision, which will not
be arbitrary.
Mayor Appezzato stated that he is pro- business; however, there has
to be a balance between business and residential areas; he prefers
to remain progressive, in balance; revenue must be generated to
make the City work; he will support the Appeal because he did twice
before and will remain consistent; everyone knew the rules [Use
Permit restrictions] ; if the neighbors opposed to the station
change their minds, they should let it be known and he would
reconsider the matter.
Councilmember Kerr moved support of the Appeal.
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May 15, 2001
Councilmember Johnson seconded the motion.
Under discussion, the City Attorney stated the Council was provided
with a replacement Resolution [Approving the Appeal of Patricia
Kinzel, and Overturning the Planning Board's Approval of Use
Permit, UP -00 -26 for 1310 Central Avenue]; in said Resolution there
are a number of Conditions which are generally consistent with the
testimony tonight; encouraged adoption of said Resolution if
Council chooses to make the findings [in the Resolution].
Councilmember Kerr stated that her earlier comments support the
finding that the proposed use will adversely affect other property
owners in the vicinity.
Councilmember Kerr moved adoption of the substitute Resolution
[Approving the Appeal of Patricia Kinzel, and Overturning the
Planning Board's Approval of Use Permit, UP -00 -26 for 1310 Central
Avenue].
Councilmember Johnson seconded the motion.
On the call for the question, the motion carried by the following
voice vote: Ayes: Councilmembers Daysog, Johnson, Kerr and Mayor
Appezzato - 4. Noes: Vice Mayor DeWitt - 1.
(01 -245) Resolution No. 13338, "Intention to Levy an Annual
Assessment on the Alameda Business Improvement Area of the City of
Alameda for Fiscal Year 2001 -02 and Set a Public Hearing for June
5, 2001." Adopted.
Councilmember Johnson moved adoption of the Resolution.
Vice Mayor DeWitt seconded the motion, which carried by unanimous
voice vote - 5.
ORAL COMMUNICATIONS, NON- AGENDA
(01 -246) Jon Spangler, Bike Alameda, encouraged everyone to
participate in Bike to Work Week; inquired whether the City has a
set policy regarding Tube closure; further inquired whether Cal
Trans consulted Bike Advisory Committee regarding closure to film a
movie; stated the Tube is the only way for bikers to get from West
Alameda to Oakland; the City should keep said issue in mind when
creating a policy.
Mayor Appezzato stated the Tube is a State route; State laws
require the filming of movies be accommodated; the movie is
bringing about $1 Million to the City.
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May 15, 2001
Mr. Spangler stated that he does not object to the closure, he
objects to there not being a City policy.
Mayor Appezzato stated a policy has been in place since the Tube
has been closed nights Monday through Thursday [for seismic
retrofit]; requested a copy of the policy be provided to Mr.
Spangler.
Councilmember Kerr noted the water taxi is available.
Mayor Appezzato further stated Tube closure will be an
inconvenience; the filming is for Matrix 2 and 3, which will
generate a tremendous amount of revenue for the community; the
filming has not been intrusive; filming will be completed by June
15; other major studios could use hangars and generate revenue to
pay for police services, fill pot holes, and tree trimming.
COUNCIL COMMUNICATIONS
(01 -247) Mayor Appezzato stated hateful fliers have been mailed;
that he received one; it is free speech, however, there is no room
for said activity in the City.
(01 -248) Vice Mayor DeWitt invited the public to attend the
Encinal High School Annual Band Review on Saturday, May 19 starting
at 8:30 a.m.; there will be High School and Junior High School
bands from across the State.
(01 -249) Councilmember Kerr stated in the early 1990s the State of
California got the courts to decide that Proposition 13 allowed the
State to decide how to allocate property taxes; the City only
retains 260 of property taxes; most of the City's property taxes
are going to the ERAF shift, which uses local property taxes to pay
the State's responsibilities to schools; Alameda loses $3.5 Million
annually; $3.5 Million of property taxes which were used by the
City are being sent to the schools of California.
Mayor Appezzato noted the City of Alameda schools are the second
worst funded in the County of Alameda.
(01 -250) Councilmember Daysog stated there will be luncheon
honoring Police Officers; extended regrets that he cannot attend
and congratulations to the honored Officers.
(01 -251) Councilmember Daysog stated that he raised the issue of
ways in which organizations access public facilities, e.g. meeting
space; requested an update on whether the Social Service Human
Relations Board has discussed the matter; stated if discussion has
not occurred, it should be encouraged; everyone should have access
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May 15, 2001
to public facilities on an equal basis.
(01 -252) Councilmember Daysog stated Governor Davis is
substantially cutting the [State] budget; requested information on
how the cuts may impact the City of Alameda.
(01 -253) Councilmember Johnson stated $1 Million for filming of
the Matrix is how much the City receives for rent; there is also a
collateral benefit to businesses.
(01 -254) Councilmember Johnson requested that the list of tree
species suitable for planting [included in the Master Tree Plan] be
reviewed; stated Park Street [Business Association] mentioned there
is only one tree which is acceptable for the business district;
possibly more types of trees could be added.
The City Manager responded staff is updating the list.
(01 -255) Mayor Appezzato stated Warner Brothers, which is
producing Matrix 2 and 3, is bringing every building used for
filming up to code, e.g. installing sprinklers.
Councilmember Daysog stated that he spoke to high school students
in San Lorenzo today; the students were most interested in hearing
about the filming of Matrix 2 and 3.
Mayor Appezzato stated the film is expected to be the number one
grossing movie in history.
The Assistant City Manager Community and Economic Development
stated $32 Million is being spent on production, e.g. purchase of
goods, materials, supplies and services; said money is being spent
in the region, not just Alameda.
ADJOURNMENT
There being no further business, Mayor Appezzato adjourned the
Regular Meeting at 10:39 p.m.
Respectfully Submitted,
Diane B. Felsch, CMC
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
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May 15, 2001