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2003-01-07 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - JANUARY 7, 2003 - - 7:30 P.M. Mayor Johnson convened the Regular Meeting at 7:41 p.m. ROLL CALL - Present: Councilmembers Daysog, DeWitt, Kerr, Matarrese, and Mayor Johnson - 5. Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS None. CONSENT CALENDAR Mayor Johnson announced that the Introduction of an Ordinance Amending the Alameda Municipal Code by Adding Section 30 -65 to Chapter XXX Relating to Public Art [paragraph no. 03 -0041 was removed from the Consent Calendar for discussion. Vice Mayor Daysog 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.] ( *03 -001) Minutes of the Special and Regular City Council Meetings held on December 17, 2002. Approved. ( *03 -002) Recommendation to authorize execution of Fifth Amendment to City Manager Employment Agreement and Eighth Amendment to City Attorney Employment Agreement. Accepted. ( *03 -003) Recommendation to authorize the issuance of a Request For Proposal for the Telecommunication Enhancement Project. Accepted. (03 -004) Introduction of an Ordinance Amending the Alameda Municipal Code by Adding Section 30 -65 (Public Art in New Commercial, Industrial, Residential and Municipal Construction) to Chapter XXX (Development Regulations) Relating to Public Art. Regular Meeting Alameda City Council January 7, 2003 Introduced. Mayor Johnson requested that the ordinance be revised to have Council make appointments to the Public Art Advisory Committee; inquired whether all fees go into a City fund or if project applicants /developers could create their own art. The Recreation and Parks Director responded that developers have the choice of developing art for their property or paying the public art allocation as an in lieu fee. Mayor Johnson noted that there can be a difference of opinion on what is considered art. The City Attorney stated that there is an extensive application approval procedure for placing public art on private property. The Recreation and Parks Director noted the Recreation and Parks Commission and the Public Art Ad Hoc Committee wanted to simplify the Committee appointment process because of tight resources. Mayor Johnson requested staff to leave the structure of the ordinance as described except the change to have the City Council appoint Committee members. The City Attorney responded Section 30 -65.7a could be changed to read "...members appointed by the City Council... ". Councilmember DeWitt inquired whether the members of the Committee would be citizens of Alameda, to which the Recreation and Parks Director responded in the affirmative. Vice Mayor Daysog stated most appointments are made by the Mayor and the City Council; noted the Recreation and Parks Commission and the Arts Council can make appointment recommendations; suggested establishing an upper threshold for public art fees. The Recreation and Parks Director responded the Recreation and Parks Commission and the Public Art Ad Hoc Committee decided it would be in the best interest of the City to expand public art by not having a cap. Councilmember Kerr stated that she has concerns about smaller businesses bearing a disproportionate share. The City Manager stated 110 of a $2 -4 billion development project at Alameda Point would generate a substantial amount for public art if there were not a limit. Regular Meeting Alameda City Council January 7, 2003 The Recreation and Parks Director stated the Recreation and Parks Commission and the Public Art Ad Hoc Committee recognized that many new developments will have phases; art should be phased in as development phases move forward. Mayor Johnson requested staff to consider lowering the percentage, establishing a graduating scale, or implementing a cap. The Recreation and Parks Director noted that most cities use a to - 2o public art fee. Vice Mayor Daysog suggested changing the funding mechanism; stated that he is concerned about having huge amounts of art funding, while Capital Improvement Projects remain un- funded. The City Manager stated Council can introduce the ordinance as amended [Council appoints Committee] and make modifications in the future. Vice Mayor Daysog stated that he is concerned about losing development projects if a developer is frightened by the 1.50 public art fee; inquired whether the ordinance could be passed except for the section relating to the 1.5% fee. The City Attorney responded that Council's options are: introduce the ordinance and direct staff to make changes before final adoption, refer it back to the Recreation and Parks Commission, table it for further discussion, vote it down, or vote on it as is. Councilmember Matarrese suggesting reducing the percentage to be in scale with other cities. Vice Mayor Daysog suggested that as the value of a project increases, the percentage rate should lower. Councilmember DeWitt noted the purpose of the art fund is to provide artistic renditions to construction, buildings and projects in the City. The Recreation and Parks Director stated the ordinance is the City's first action in the public art arena. Mayor Johnson suggested considering a contribution of to for construction of art on site and 0.5% for in lieu; inquired whether the art fund could partially fund a project. The Recreation and Parks Director responded in the affirmative. Regular Meeting Alameda City Council January 7, 2003 Mayor Johnson inquired whether the appeal process is the same as other Boards and Commissions, to which the Recreation and Parks Director responded in the affirmative. Mayor Johnson requested staff to pay attention to administrative expenses. The City Manager stated the coming years will be a learning process; noted staff will report back to Council for recommendations if necessary. Councilmember Kerr moved introduction of the Ordinance, including that Section 30 -65.7a be amended to have appointments to the Committee made by Council and directed staff to make modifications if requested by individual Councilmembers. Mayor Johnson requested staff to consider the discussion tonight and bring back changes. Councilmember Kerr clarified that her motion included that alternates be brought back to Council for consideration. The City Attorney noted that substantive modifications would require the ordinance to be treated as an introduction. Vice Mayor Daysog seconded the motion, which carried by unanimous voice vote - 5. ( *03 -005) Ratified bills in the amount of $3,089,237.97. REGULAR AGENDA ITEMS (03 -006) Public hearing to consider an Appeal of a Planning Board decision denying two Variances pursuant to Alameda Municipal Code Subsection 30- 5.7(h) and a Major Design Review to allow for the demolition and reconstruction of a nonconforming garage /accessory structure. One Variance is required for a proposed zero -foot side yard setback to the easterly side property line, where a five -foot side yard setback is required for accessory structures located within seventy -five (75'0 ") feet of the front property line. A second Variance is required for a proposed zero -foot separation from the main building, where a five -foot separation is required. The site is located at 1318 Clinton Avenue within the R -1, One - Family Residence District. Applicant /Appellant: Robert & Diane Blackwell; and (03 -006A) Adoption of Resolution No. 13548, "Approving Variance, Regular Meeting Alameda City Council January 7, 2003 V02 -0018, and Major Design Review, DR02 -0121, at 1318 Clinton Avenue, Alameda." Adopted. The Planning and Building Department Planner gave a brief report on the Planning Board decision. Councilmember DeWitt inquired whether there is an existing building present, to which the Planner responded in the affirmative. Mayor Johnson opened the Public Hearing. Proponents: Robert Blackwell, Appellant; and Fred Leitz, Alameda. There being no further speakers, Mayor Johnson closed the public portion of the hearing. Councilmember Kerr stated the application was denied due to the ordinance stating that anything demolished and rebuilt has to comply with existing zoning ordinances; questioned whether the ordinance should apply to rebuilds of the same dimensions on the same footprint; stated the only substantial change is moving the solar panels; Design Review should be necessary for new materials on the new building; requested staff to review the ordinance that requires variances for rebuilds of the same dimensions on the same footprint. Councilmember Matarrese concurred with Councilmember Kerr's request that staff review the ordinance that requires variances for rebuilds of the same dimensions on the same footprint and that Design Review be required; stated variances are granted on a case - by -case basis and balance the improvement against the literal enforcement of the Code. Councilmember DeWitt inquired whether the present building is over forty years old, to which Mr. Blackwell responded in the affirmative. Councilmember DeWitt inquired whether any construction was done after the fire, to which Mr. Blackwell responded the previous owner made the repairs. Councilmember DeWitt inquired about the amount of construction to be done, to which Mr. Blackwell responded everything from the foundation. In response to Councilmember DeWitt's inquiry whether any exterior changes would be made, Mr. Blackwell responded a new roof will be put on the carport. Councilmember Matarrese moved adoption of the resolution granting Regular Meeting Alameda City Council January 7, 2003 the appeal based on the findings: 1) extraordinary circumstances, the lot size is below the minimum lot size; 2) extraordinary circumstances, the literal enforcement of the zoning ordinance would cause a practical difficulty because there is a dilapidated building about to collapse; 3) the construction will not be detrimental to the public welfare or injurious to persons or property within the vicinity, as evidenced by the information that has been provided and testimony from the neighbors, and that the proposed rebuild will be subject to Design Review including a harmonious design to the neighborhood as well as the existing structure of the main house. Councilmember Kerr requested staff to review the ordinance that requires variances for rebuilds of the same dimensions on the same footprint. Vice Mayor Daysog seconded the motion, which carried by unanimous voice vote - 5. (03 -007) Public Hearing on Housing and Community Development Needs. The Community Development Manager gave a brief staff report on Housing and Community Development Needs. Councilmember Kerr inquired whether the public meetings included the food bank clients, to which the Community Development Manager responded in the affirmative. Councilmember Kerr summarized her concerns about the State budget crisis impacting community -based organizations. The City Manager inquired when the grant application is due to Housing and Urban Development (HUD). The Community Development Manager responded the grant application must be submitted to HUD by June 1, 2003; noted the City submits it's application to the Countywide Consortium, which requires extra time. The City Manager inquired about what other local governments are doing as part of this consortium. The Community Development Manager responded the impacts are being discussed by all communities. Mayor Johnson inquired when the Community Development Block Grant (CDBG) applications are due, to which the Community Development Regular Meeting Alameda City Council January 7, 2003 Manager responded in early February, 2003. Mayor Johnson inquired whether Woodstock Child Development Center is eligible for CDBG funding, to which the Community Development Manager responded in the affirmative. Councilmember Kerr inquired whether the Woodstock Child Development Center is staffed by certified teachers, to which the Community Development Manager responded all teachers are either credentialed or certificated. Councilmember DeWitt inquired why the 1990 Census map was used, to which the Community Development Manager responded that HUD has not provided their analysis on the Census 2000 map. Vice Mayor Daysog inquired whether the public housing development located within Tract 4286 is captured in the 1990 Census map, to which the Community Development Manager responded in the affirmative. Vice Mayor Daysog inquired whether the public housing development [in Tract 42861 is eligible for CDGB funding, to which the Community Development Manager responded the individuals within the development are eligible. Vice Mayor Daysog inquired whether community based organizations are eligible for funding, to which the Community Development Manager responded everyone is encouraged to apply. Vice Mayor Daysog noted that past performance is considered when reviewing applications. Mayor Johnson opened the Public Hearing. Jim Pruett, George P. Miller School PTA, urged Council to consider providing funding to the schools playground renovation project. Tim Beloney, Alameda Multicultural Community Center, urged Council to continue funding the Center; outlined the Center's activities. There being no further speakers, Mayor Johnson closed the public portion of the hearing. Councilmember DeWitt moved acceptance of the report on Housing and Community Development Needs. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. Regular Meeting Alameda City Council January 7, 2003 ORAL COMMUNICATIONS, NON- AGENDA None. COUNCIL COMMUNICATIONS (03 -008) Consideration of the Mayor's nomination for appointment to the Planning Board. [Partial term expiring 6/30/20061 Mayor Johnson nominated Anne E. Cook for appointment to the Planning Board. (03 -009) Council approval of Mayor serving on the Water Transit Authority Community Advisory Committee. Councilmember DeWitt moved approval. Vice Mayor Daysog seconded the motion, which carried by unanimous voce vote - 5. (03 -010) Mayor Johnson requested staff place the Congestion Management Agency appointment on an agenda; suggested Councilmembers review the list of liaison seats and inform her of any seats of interest. (03 -011) Vice Mayor Daysog requested staff to provide a report on how redevelopment funds can be designated to keep the State from taking funds. (03 -012) Councilmember Matarrese requested staff to schedule briefings on the status of Bridgeside and Beltline. Mayor Johnson requested a briefing on the Alameda Theatre. (03 -013) Mayor Johnson requested staff to develop training for new Board /Commission Members. (03 -014) Councilmember Kerr wished everyone a Happy New Year. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Regular Meeting at 9:12 p.m. Respectfully submitted, Regular Meeting Alameda City Council January 7, 2003 Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council January 7, 2003