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2003-04-01 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - APRIL 1, 2003 - - 7:30 P.M. Mayor Johnson convened the Regular Meeting at 7:36 p.m. Councilmember DeWitt led the Pledge of Allegiance. ROLL CALL - Present: Councilmembers Daysog, DeWitt, Kerr, Matarrese, and Mayor Johnson - 5. Absent: None. AGENDA CHANGES (03 -128) Mayor Johnson announced that the recommendation to approve Amendment to Consultant Agreement with International Parking Design, Inc. [paragraph no. 03 -132] would be placed on a future agenda. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (03 -129) Proclamation declaring April 22, 2003 as Earth Day. Mayor Johnson read the proclamation and presented it to Suzanne Ota, Recreation and Parks Director, and Maria DiMeglio, Public Works Environmental Services Program Specialist. (03 -130) Proclamation declaring April 11 -13, 2003 as National Youth Service Day. Mayor Johnson read the proclamation and presented it to Rim Gebremarian, Alameda High School and Vidia Quashi, Encinal High School, who accepted the proclamation on behalf of the Alameda Youth Collaborative and Alameda Teen Action Council. CONSENT CALENDAR Mayor Johnson announced that the recommendation to approve Amendment to Consultant Agreement with International Parking Design, Inc. [paragraph no. 03 -132] would be placed on a future agenda. Vice Mayor Daysog moved approval of the remainder of the Consent Calendar. Councilmember Kerr seconded the motion, which carried by unanimous vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding Regular Meeting 1 Alameda City Council April 1, 2003 the paragraph number.] ( *03 -131) Minutes of the Special City Council Meeting held on March 16, 2003; and the Special and Regular City Council Meetings held on March 18, 2003. Approved (03 -132) Recommendation to approve Amendment to Consultant Agreement with International Parking Design, Inc. for Parking Structure Site Selection No. P.W. 08 -02 -12 in the amount of $131,802. Held over. ( *03 -133) Recommendation to Award Contract in the Amount of $219,000 to Ghilotti Brothers, Inc. for Westline Drive (Eighth Street) Corridor Improvements, No. P.W. 05- 02 -06. Accepted. ( *03 -134) Resolution No Fire Engines Using Competitive Bid Award; Agreement with Pierce $674,567." Adopted. 13572, "Authorizing the the City of Oakland and Recommendation to Manufacturing Inc., Purchase of Two New Fire Department's Approve a Purchase in the Amount of ( *03 -135) Resolution No 13573, "Prescribing Membership, Term of Office, Removal, Qualification and Voting Pertaining to the Public Art Advisory Committee." Adopted. ( *03 -136) Resolution No 13574, "Amending the Management and Confidential Employees Association (MCEA) Salary Schedule by Establishing Salary Ranges for the Positions of Emergency Medical Services Education Coordinator and Information Systems Operation Technician." Adopted. ( *03 -137) Ratified Bills in the amount of $5,333,049.26. REGULAR AGENDA ITEMS (03 -138) Public Hearing to consider an Amendment to the City of Alameda General Plan for a new, revised Housing Element (Housing Element 2001 -2006) and an Initial Study with Mitigated Negative Declaration pursuant to the Environmental Quality Act; (03 -138A) Adoption of Resolution Adopting the 2001 -2006 Housing Element of the General Plan of the City of Alameda. Not adopted; and (03 -138B) Adoption of Resolution Adopting a Mitigated Negative Declaration, IS -02 -0002, for the 2001 -2006 Housing Element of the General Plan of the City of Alameda. Not adopted. The Planning Manager gave a brief oral report. Regular Meeting 2 Alameda City Council April 1, 2003 Vice Mayor Daysog requested staff to summarize the Housing Element for the public. The Planning Manager stated the Housing Element is one of the mandatory elements of a General Plan; the Housing Element is the only element reviewed by the State and has certain timelines and requirements; the timeline for the proposed Housing Element is from 2001 -2006; the City identifies programs and policies to create housing and locate sites where housing can be developed in the Housing Element; the Housing Element must be consistent with the other elements of the General Plan. Vice Mayor Daysog stated the Housing Element is one element of the General Plan; the General Plan maps the plan for the community, connecting transportation, land circulation, zoning issues, and housing. Mayor Johnson opened the public portion of the hearing. In favor of Housing Element including six recommendations of Housing Advocates: Peggy Doherty, Renewed Hope Housing Advocates; Irene Dieter, Green Party; Joey Wever, Renewed Hope Housing Advocates; Tom Mathews, Renewed Hope Housing Advocates; William Smith, Sierra Club; Eve Bach, Arc Ecology; Michael Yoshi, Renewed Hope Housing Advocates; Bill Smith, Alameda; Wendy Horikoshi, Alameda; Austin Tam, Renewed Hope Housing Advocates. Vice Mayor Daysog stated the Housing Element and General Plan discussions are organized to meet the needs of residents and future generations. Councilmember Kerr stated the Housing Element would not prevent future additions of affordable housing; how the State will solve its fiscal woes is unknown; the City cannot assume tax increment from redevelopment will be available; that she supports the Housing Element as presented. Vice Mayor Daysog stated the 20% set aside from three redevelopment areas generates $1.35 million in tax increment annually; increasing to 25% set aside would generate $1.68 million in tax increment annually; inquired whether other programs could cover the 50 or $300,000 increase. Councilmember Kerr stated a 5% increase is more than the price of one affordable housing unit; retaining tax increment is an uncertainty. Regular Meeting 3 Alameda City Council April 1, 2003 Vice Mayor Daysog inquired whether $1.35 million is the total tax increment set aside for the three redevelopment areas. The Housing Programs Manager responded the West End Community Improvement Project (WECIP) 20% set aside is currently generating approximately $900,000 in tax increment annually; the Business and Waterfront Improvement Project (BWIP) currently generates approximately $450,000 annually; the Alameda Point Improvement Project (APIP) currently generates approximately $50,000 annually; stated the figures are roughly accurate. Councilmember Kerr stated the APIP has the potential to generate a very large tax increment. Councilmember Matarrese acknowledged staff and everyone who participated in development of the Housing Element; inquired whether the density bonus ordinance could be created in less than one year. The City Manager stated the density bonus ordinance would be created in one year. Councilmember Matarrese stated the Keyser- Marston study of the Housing Element assumed compliance with Measure A; Measure A is part of the City Charter; inquired whether there is a vehicle to examine discriminatory and non - discriminatory housing policies. The City Attorney stated the Housing Element must comply with State law; the alleged discriminatory effects of Measure A are not part of the State law requirements; the City can address the issue of discriminatory housing outside the scope of the Housing Element. Councilmember Matarrese inquired whether housing discrimination can be examined and reported to Council to take action independent of the Housing Element, to which the City Attorney responded in the affirmative. Mayor Johnson inquired whether there is a vehicle to examine the issue of housing discrimination separate from Measure A, to which the City Attorney responded in the affirmative. The City Manager stated a third party could review the City's policies and programs and provide an independent evaluation of whether discriminatory policies exist. Special Counsel Michael Colantuono stated no evidence has been submitted indicating the City consciously discriminated at any time in any of the City's policies; advocates have stated that some of Regular Meeting 4 Alameda City Council April 1, 2003 the City's policies make the provision of housing more expensive and because poor people as a group do not have the same racial and socioeconomic characteristics as rich people, that the City is discriminating against poor people and in so doing discriminating against minorities; the rhetorical argument about why affordable housing is a positive good does not amount to a legal case that there is actual, overt intentional racial discrimination in the City's policies. Councilmember Matarrese stated Measure A is a separate issue; that he supports the 25% inclusionary housing in redevelopment areas to balance the shortfall of tax increment funding and provide fully integrated development of affordable housing; that he does not support increasing tax increment set aside funds; stated he supports increasing the inclusionary housing requirement in non - redevelopment areas to 150. Councilmember DeWitt requested staff to provide a Measure A discrimination study as a separate issue from the Housing Element; questioned how the City would increase affordable housing; stated the Planning Board discussed and reviewed the tax increment issue; he supports moving forward with the Housing Element. Vice Mayor Daysog inquired whether Councilmember DeWitt would like the Measure A study to include options for Alameda Point and redevelopment areas, to which Councilmember DeWitt responded in the affirmative. Vice Mayor Daysog inquired what a modified Measure A might mean to Alameda residents; inquired how transit issues could be mitigated; stated that he supports increasing inclusionary housing in redevelopment areas from 15% to 25% and increasing tax increment set aside from 20% to 250; the $3 Million paid in special pensions annually will decrease over time and completely end by the year 2020; his calculations regarding increasing tax increment support probability; that he supports increasing inclusionary housing in non - redevelopment areas to 150; redoing the Nexus study for linkage requirements is a separate issue; inquired whether Councilmember Matarrese is in favor of increasing inclusionary housing in redevelopment areas to 250, to which Councilmember Matarrese responded in the affirmative. Councilmember Matarrese stated budgetary information would be necessary to increase the tax increment to 250. Vice Mayor Daysog suggested increasing the tax increment set aside to 25% in 2006. Regular Meeting 5 Alameda City Council April 1, 2003 Mayor Johnson stated that she has concerns about increasing the tax increment to 25% unless there is support by individual projects. Councilmember Kerr stated the tax increment from the Fleet Industrial Supply Center (FISC) project disappeared; redevelopment areas are not sources of great wealth. Mayor Johnson stated redevelopment areas need tax increment to get started; that she supports increasing tax increment if projects can support the increase. Councilmember Kerr stated pension actuarial numbers were not accurate; that special pensions are paid from the General Fund and should not be relied on. Councilmember DeWitt requested staff to report on the recommendations made by the Planning Board. The Planning and Building Director stated the State law requirement for inclusionary housing within redevelopment areas is 150; the Planning Board's recommendation is 200 outside of Alameda Point and 25% within Alameda Point; the housing advocates propose 25% in all redevelopment areas. Mayor Johnson inquired about non - redevelopment areas. The Planning and Building Director responded the City currently does not have an inclusionary requirement outside of redevelopment areas; the Housing Element proposes loo and housing advocates are requesting 150. Councilmember DeWitt inquired about the tax increment. The Planning and Building Director responded the State requirement for the tax increment set aside is 200, the City currently sets aside 20% and proposes to keep 20% set aside; the housing advocates are requesting 250; noted the City has the flexibility to allocate tax increment beyond the 20% to affordable housing in the future. Councilmember Kerr moved approval of upholding the recommendation of the Planning Board. [adopting the Resolution as presented]. Councilmember DeWitt seconded the motion, which failed by the following voice vote: Ayes: Councilmember Kerr and DeWitt - 2. Noes: Mayor Johnson, Vice Mayor Daysog, Councilmember Matarrese - 3. Councilmember Matarrese inquired whether staff could determine Regular Meeting 6 Alameda City Council April 1, 2003 whether new projects have the ability to allocate additional tax increment funding when the Disposition and Development Agreements (DDA) are brought to Council for approval, to which the City Attorney responded in the affirmative. Councilmember Matarrese inquired whether Council could adopt a policy to start with 20% set aside tax increment, then reevaluate the percentage after the project starts generating funds. Special Counsel stated the Housing Element could include a policy directing budget staff to include a minimum of 20% set aside and to address the feasibility of increasing the set aside to 25% as part of the budget. Councilmember Matarrese stated that he supports giving budgetary direction and increasing inclusionary percentages to balance affordable and unaffordable housing within the City. Vice Mayor Daysog moved approval of directing staff to bring back the following modifications: 1) increasing the inclusionary housing requirement in redevelopment areas to 250, 2) budgetary direction to increase the tax increment set aside funds above the required 20% in redevelopment areas, and 3) increasing the inclusionary housing requirement in non - redevelopment areas to 150. Mayor Johnson stated the Nexus study should be addressed outside of the Housing Element. Councilmember Matarrese seconded the motion. Councilmember Kerr inquired whether the 25% increase in inclusionary housing requirement in redevelopment areas would extend to the FISC. Vice Mayor Daysog responded the DDA with FISC has already been signed. Councilmember Kerr stated the language would extend the 250 increase to the FISC. Vice Mayor Daysog stated that Catellus rules should not be changed. City Attorney requested a recess. Mayor Johnson called a recess at 9:15 p.m. and reconvened the Regular Meeting at 9:27 p.m. Regular Meeting 7 Alameda City Council April 1, 2003 Mayor Johnson requested a motion to close the Public Hearing. Vice Mayor Daysog moved approval of closing the Public Hearing. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. The City Attorney requested Council to provide staff with direction to bring back a resolution incorporating the modifications including an analysis of the differences and impacts between Council's direction and the Planning Board's recommendations. Councilmember Kerr inquired whether substantial changes would have to go back to the Planning Board, to which the City Attorney responded in the negative. The City Attorney further stated the Planning Board considered the housing advocates suggestions and recommended some changes to the Housing Element. Mayor Johnson stated direction from Council is 25% inclusionary housing in redevelopment areas, 150 [inclusionary housing] in non - redevelopment areas, and [budgetary direction for] the tax increment issue. Special Counsel suggested Council provide staff direction by motion to incorporate existing recommendations plus the three proposals for staff to come back with a resolution and analysis for final action. Vice Mayor Daysog clarified the motion was to defer action [on a resolution] and included budgetary language [for tax increment set aside]. Councilmember DeWitt stated the motion is to direct staff to bring back the 20% set aside with budgetary language, increasing inclusionary housing outside redevelopment areas to 150, and increasing inclusionary housing inside redevelopment areas to 250. The City Attorney stated the matter would be brought back with language incorporating the three changes with an analysis of the changes. Councilmember Matarrese seconded the modified motion, which carried by the following voice vote: Ayes: Councilmembers Daysog, DeWitt, Matarrese and Mayor Johnson - 4. Noes: Councilmember Kerr - 1. Regular Meeting 8 Alameda City Council April 1, 2003 Councilmember DeWitt requested staff to provide a Measure A discrimination study as a separate issue from the Housing Element. The City Manager stated that staff would bring back a recommendation on how to proceed with the study. Vice Mayor Daysog stated that the Housing Element is not set in stone; Council would consider Counsel's legal opinion. (03 -139) Ordinance No. 2895, "Amending Ordinance No. 2754; and Approving and Adopting the First Amendment to the Community Improvement Plan for the Alameda Point Improvement Project." Finally passed. Councilmember Kerr moved final passage of the Ordinance. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. (03 -140) Ordinance No 2896, "Amending Ordinance No. 2559, as Previously Amended; and Approving and Adopting the Fifth Amendment to the Community Improvement Plan for the Business and Waterfront Improvement Project." Finally passed. Councilmember Kerr moved final passage of the Ordinance. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. (03 -141) Ordinance No. 2897, "Amending Ordinance No. 2141, as Previously Amended; and Approving and Adopting the Fourth Amendment to the Community Improvement Plan for the West End Community Improvement Project." Finally passed. Councilmember Kerr moved final passage of the Ordinance. Vice Mayor Daysog seconded the motion, which carried by unanimous voice vote - 5. (03 -142) Ordinance No. 2898, "Amending the Alameda Municipal Code by Amending Subsections 1- 7.1(b) (Applicability), 1 -7.4 (Amount of Fines), 1 -7.12 (Recovery of Administrative Costs) and 1 -7.13 (Right of Judicial Review) of Section 1 -7 (Administrative Citations) of Chapter I (General); Repealing and Adding New Article I (Uniform Codes Relating to Building, Housing and Technical Codes) of Chapter XIII (Building and Housing), to Adopt the 1997 Edition of the Uniform Administrative Code, the 2001 Edition of the California Building Code, the 2001 Edition of the California Code for Building Regular Meeting 9 Alameda City Council April 1, 2003 Conservation, the 2001 California Electrical Code, the 2001 California Plumbing Code, the 2001 California Mechanical Code, the 1997 Uniform Housing Code, and the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings; Repealing and Adding a New Section 13 -21 (Preservation of Historical Monuments and Cultural Resources), of Article VII (Historical Preservation); and Repealing and Adding a New Section 15 -1 (Alameda Fire Code) to Adopt the 2001 Edition of the California Fire Code and Approving Certain Amendments Thereto." Finally passed. Christopher Buckley, Alameda Architectural Preservation Society (RAPS), stated RAPS supports adopting the ordinance; urged Council to adopt the ordinance as presented; stated RAPS supports the provisions concerning review of demolition permits for pre -1942 buildings. David Baker, Alameda, stated that he supports AAPS's comments; that he is interested in preserving Alameda's architectural heritage. Councilmember Kerr suggested placing a moratorium on citations until an appeal process is in place; stated no one can appeal decisions of the Housing and Building Code Hearings and Appeals Board. Mayor Johnson requested staff to explain the citation process. The Building Official stated the administrative citation process follows the normal code enforcement citation process: 1) complaints are investigated, 2) property owners are notified and given seven to thirty days to correct the violation, 3) second inspections are made if the violations are not corrected, 4) citations are issued at the time of the second inspection; owners can request an administrative hearing once citations are issued; if owners are ruled against at the hearing, the owners can appeal to the superior court; no citations are issued without the approval of the Building Official and consultation with the City Attorney's office; waivers may be obtained if the owner is unable to pay for the citation up front. Councilmember Kerr inquired when the Housing and Building Code Hearing and Appeals Board becomes involved in the process. The Building Official responded the Housing and Building Code Hearing and Appeals Board is not involved in the code enforcement process. Councilmember Kerr stated that seven to thirty days may not be enough time for an owner to make repairs. Regular Meeting 10 Alameda City Council April 1, 2003 The Building Official stated owners are encouraged to contact the City with a plan of action; citations are only issued to owners who do not respond to letters or refuse to comply. Councilmember Kerr stated the ordinance does not contain any language stating owners will not be cited if they notify the City of a plan of action. The City Attorney stated attachment one of the staff report is the administrative citation procedure; the administrative citation procedure has been in effect since July 1998 to enforce zoning, planning, litter, graffiti, and animal control; stated Housing and Building Codes are being included in the procedure. Councilmember Kerr stated a building violation could cost thousands of dollars to repair. Mayor Johnson requested staff to explain enforcement priorities. The Building Official stated only high- and medium -life safety issues are investigated; currently an owner can be sited for failure to obtain design review approval. Mayor Johnson inquired how many design review citations have been issued, to which the Building Official responded none. Mayor Johnson requested staff to provide periodic reports regarding administrative citations. Councilmember Matarrese moved final passage of the Ordinance. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON- AGENDA (03 -143) Bill Smith, Alameda, discussed community involvement. COUNCIL COMMUNICATIONS (03 -144) Consideration of placing a Resolution supporting Senate Bill 204 - Solid Waste: Personal Care Products: Recycling, on a Council agenda. Vice Mayor Daysog stated Senator Perata's office requested that Council consider endorsing Senate Bill (SB) 204; SB 204 was originally introduced by Senator Perata; the bill addresses how to Regular Meeting 1 1 Alameda City Council April 1, 2003 deal with the problem of disposable diapers filling the land fill. Mayor Johnson inquired about the nature of the opposition to the bill. Vice Mayor Daysog stated the East Bay Business Times and Oakland Tribune stated the bill could be refined; medi -cal would have to change its policy to reimburse for disposable and reusable diapers to encourage people to use reusable diapers. Councilmember Kerr stated disposable diapers comprise only 1.60 of the waste stream; the State would collect the fees and allocate funds to communities; fees should be returned on a per capita basis and require use in a certain manner. Vice Mayor Daysog stated disposable diapers contribute to the growing waste stream. Mayor Johnson requested staff to place the matter on a future agenda. The City Manager suggested Council wait for 30 days until the Alameda County Waste Management Authority Board and the League of California Cities (LOCO) take a position on the bill. Vice Mayor Daysog stated the bill would be out of the senate committee in one month; that he prefers to review and endorse the bill before the senate committee meeting in late April or early May. Mayor Johnson stated that she supports the concept of the bill; Alameda is a strong recycling town; requested staff to bring the bill back to Council mid April. The Assistant to the City Manager stated the Waste Management Authority staff are recommending that the committee amend the bill. Councilmember Matarrese stated Council should support the bill with the amendments. Mayor Johnson stated Council should support the bill with the amendments at the next City Council meeting. The City Manager stated staff would place the issue on the April 15th agenda and incorporate Council recommendations and the League's position. Mayor Johnson requested staff to inform Councilmembers if there are Regular Meeting 12 Alameda City Council April 1, 2003 any modifications to the bill. The Assistant to the City Manager stated the LOCO has not taken a position and will not take a position before April 15tH (03 -145) Consideration of Mayor's nomination for appointment to the Social Service Human Relations Board. Held over. (03 -146) Selection of Councilmember alternate for the AC Transit Inter- Agency Liaison Committee. Mayor Johnson requested Councilmembers to inform her if interested in serving as an alternate for the AC Transit Inter - Agency Liaison Committee. (03 -147) Councilmember DeWitt requested staff to meet with Caltrans to review the possibility of temporary lighting in the Webster /Posey tube; requested a progress report on the pace of the retrofit work; noted businesses on Webster Street are being impacted. (03 -148) Councilmember DeWitt requested Mayor Johnson consider placing a proclamation supporting the troops, veterans, and military people on the next Council agenda. (03 -149) Councilmember Kerr requested a report on testing the Webster /Posey tube water for pathogens. (03 -150) Vice Mayor Daysog requested Council to consider adoption of legislation extending Real Estate Transfer Tax Exemptions to domestic partners as defined by State law. (03 -151) Councilmember Matarrese suggested Council consider a "Blue Star" designation when adopting the proclamation supporting the troops. ADJOURNMENT There being no further business, Mayor Johnson adjourned the regular meeting at 10:10 p.m. Respectfully Submitted, Lara Weisiger City Clerk Agenda for meeting was posted in accordance with the Brown Act. Regular Meeting 13 Alameda City Council April 1, 2003