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CityCouncil,2012-07-03,1,"MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY--JULY 3, 2012--7:00 P.M.
Mayor Gilmore convened the meeting at 7:16 p.m. Councilmember deHaan led the
Pledge of Allegiance.
ROLL CALL -
Present:
Councilmembers Bonta, deHaan, Johnson, Tam, and
Mayor Gilmore - 5.
Absent:
None.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY & ANNOUNCEMENTS
(12-352) Presentation of Certificates of Service to Harry Dahlberg, Economic
Development Commission; Peter Holmes, Public Utilities Board; and Kathy Moehring,
Transportation Commission.
Mayor Gilmore presented certificates to Mr. Holmes and Ms. Moehring.
(12-353) Proclamation Recognizing the City's Antique Fire Apparatus Volunteers.
The presentation was postponed, recipients were not in attendance
ORAL COMMUNICATIONS, NON-AGENDA
(12-354) Michael John Torrey, Alameda, made an announcement regarding an
upcoming blood drive. with American Red Cross on the 21st of July.
(12-355) Ken Peterson, Alameda, discussed budget shortfalls.
(12-356) Diane Lichtenstein, Alameda, did not speak.
CONSENT CALENDAR
Councilmember Tam moved approval of the Consent Calendar.
Vice Mayor Bonta seconded the motion, which carried by unanimous voice vote - 5.
[Items so enacted or adopted are indicated by an asterisk preceding the paragraph
number.]
(*12-357) Minutes of the Special City Council Meetings Held on May 29, 2012; the
Special and Regular City Council Meetings Held on June 6, 2012, and the Special City
Council Meeting Held on June 12, 2012. Approved.
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CityCouncil,2012-07-03,2,"(*12-358) Ratified bills in the amount of $4,115,712.05.
(*12-359) Recommendation to Approve an Additional Advance and Modification
Agreement for the Alameda Islander Motel Project Adding $120,000, for a Total HOME
Loan Amount of $1.42 Million and Authorize the City Manager to Execute the
Agreement and Related Documents. Accepted.
(*12-360) Recommendation to Approve the Housing Authority Board of Commissioners'
Recommendation that the Islander Motel be Renamed ""The Park Alameda Apartments.""
Accepted.
(*12-361) Recommendation to Award a Contract in the Amount of $246,500, Including
Contingencies, to Engineered Soil Repairs, Inc. for Walnut Street Seawall Repair, No.
P.W. 01-12-02. Accepted.
(*12-362) Resolution No. 14714, ""To Approve an Agreement with the Alameda County
Flood Control Water Conservation District Providing for Implementation of the Alameda
Countywide Clean Water Program and Authorize the City Manager to Execute all
Required Documents."" Adopted.
(*12-363) Resolution No. 14715, ""Authorizing the City Manager to Renew an Agreement
with Carducci Landscape Architects to Provide the Design and Project Management
Services for the Renovation of Krusi Park, in an Amount Not to Exceed $320, 188.'
Adopted.
(*12-364) Resolution No. 14716, ""Declaring the Canvass of Returns and Results of the
Consolidated Special Municipal Election Held on Tuesday, June 5, 2012."" Adopted.
(*12-365) Ordinance No. 3050, ""Amending the Alameda Municipal Code by Amending
Article Il (Boards And Commissions) of Chapter Il (Administration) and by Amending
Section 2-12.2(A) to Revise the Membership of the Recreation and Park Commission.""
Finally passed.
(*12-366) Ordinance No. 3051, ""Amending the Alameda Municipal Code by Adding
Section 2-67 Relating to Prevailing Wages."" Finally passed.
REGULAR AGENDA ITEMS
(12-367) Resolution No. 14717, ""Accepting Parks Master Plan and Technical Studies for
Urban Greening Plan."" Adopted.
Linda Gates, Gates & Associates, gave a Power Point presentation about Parks Master
Plan
Councilmember deHaan inquired how School District assets and playing fields are
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CityCouncil,2012-07-03,3,"incorporated.
Ms. Gates responded standards are set for the number of fields; Stated the plan shows
how many fields can be accomplished at different sites; the Recreation and Parks
Department wants to continue to work with the School District to meet needs, yet not be
dependent on each other; standards are the most important thing.
Councilmember deHaan inquired why certain fields are not available in the equation.
Ms. Gates responded the guidelines show the ratios used to determine hours of play
needed; the ratios are adapted for types of fields; and public and private facilities and
hours of play can be pro-rated.
Councilmember deHaan inquired whether regional needs were considered.
Ms. Gates responded in the affirmative, stated staff talked to the East Bay Regional
Park District about Alameda Point meeting the need for trails and open space; the
location has challenges because of lease agreements and tideland trust; however, there
are multiple ways to close gaps.
Councilmember Johnson inquired whether the use of the swimming pool at the Base is
too expensive to consider.
Ms. Gates responded in the affirmative; stated School pools were also too expensive.
Councilmember Johnson inquired whether the Base pool was worthwhile keeping for
other recreational uses.
Ms. Gates responded there are opportunities for public private partnerships with
revenue generation.
The Recreation and Park Director stated staff is working with an organization called
Ramprats; the group is getting an inspection to determine the feasibility of using the
pool for a skate and BMX facility.
Ms. Gates noted there are challenges in putting active recreation in tideland trust land;
however, existing structures can be reused.
Councilmember Johnson inquired staff is recommending moving the Teen Center out of
the Veterans building, which is not an ideal space.
Ms. Gates responded in the affirmative, stated renovation does not make sense due to
cost.
Vice Mayor Bonta inquired if analysis was done regarding the possibility of hosting
tournaments.
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CityCouncil,2012-07-03,4,"inquired whether the need for quality softball facilities was addressed.
Ms. Gates stated the recommendation is one 90 foot diamond filed and three 60 foot
diamond fields are needed; one 60 foot diamond filed could be dedicated to softball.
Councilmember Johnson requested staff to ensure there is at least one quality facility
for the girls.
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CityCouncil,2012-07-03,5,"Urged consideration of previous ideas for use of the Beltline property: Jim Sweeney,
Alameda; Dorothy Freeman, Alameda; and Aaron Thies, Alameda.
The City Manager stated decisions regarding open space have been made; the Beltline,
would be brought to the Recreation and Park Commission for a discussion; California
Environmental Quality Act (CEQA) review would be needed; accepting the report does
not endorse details.
Vice Mayor Bonta moved adoption of the resolution.
Councilmember Johnson seconded the motion.
Under discussion, Councilmember deHaan stated acceptance should include following
the spirit of Jean Sweeney's ballot measure regarding open space.
The City Manager stated Jean Sweeney elaborated on different designs, including BMX
trails and pools; Mrs. Sweeney clearly wanted a lot of open space, which is probably the
direction the City will follow; a healthy vigorous debate should be informed and inspired
by what Jean Sweeney did; everyone is thankful for all she did.
Mayor Gilmore stated the motion was to accept the staff recommendation.
On the call for the question, the motion carried by unanimous voice vote - 5.
(12-368) Recommendation to Approve an Amended and Restated Legally Binding
Agreement (LBA) Between the City of Alameda, Housing Authority of the City of
Alameda, Alameda Point Collaborative and Building Futures with Women and Children
for a Homeless Accommodation at the North Housing Parcel.
The Housing Development Program Manager gave a brief presentation.
Councilmember Johnson inquired whether the City's environmental liability issues have
changed, to which the Housing Development Program Manager responded in the
negative; stated the City retained the provision that requires environmental insurance be
secured at a reasonable cost prior to taking title; if the City is unable to do so, there is
no obligation or requirement to accept title.
Councilmember Johnson inquired whether the City taking title is necessary, to which the
Housing Development Program Manager responded in the affirmative; stated the
homeless accommodation title goes from the Navy to the local Reuse Authority and
then on to the homeless service providers; transfer is simultaneous, the City would own
the property for an instant.
Councilmember deHaan inquired where the North Housing Parcel is located.
The Housing Development Program Manager responded the location of the North
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CityCouncil,2012-07-03,6,"Housing parcel is east of Main Street across from the Base; stated there are 282
boarded-up units previously occupied by the Coast Guard.
Councilmember deHaan inquired whether or not the Agreement would provide any
financial stream for basic City services, to which the Housing Development Program
Manager responded the accommodation is intended to be a 90-unit project that would
provide permanent affordable housing to formerly homeless people.
Urged approval of the staff recommendation: Doug Biggs, Executive Director of
Alameda Point Collaborative.
Vice Mayor Bonta moved approval of the staff recommendation.
Councilmember Johnson seconded the motion, which carried by unanimous voice vote
- 5.
(12-369) Resolution No. 14718, ""Approving Amendments to the Housing Element of the
General Plan."" Adopted; and
(12-369 A) Introduction of Ordinance Amending Alameda Municipal Code Section 30
Development Regulations to Ensure Consistency between the Alameda Municipal
Code, the Alameda General Plan, and State of California Government Code Pertaining
to the Regulation of Housing Development. Introduced.
The Planning Services Manager gave a Power Point presentation.
Mayor Gilmore stated the pictures are very helpful.
Councilmember deHaan stated the big elephant in the room is Measure A, and inquired
the Housing Element coincides with the Charter.
The Planning Services Manager responded the situation is similar to the density bonus
ordinance; stated federal law generally trumps State law and State law generally trumps
local law if there is conflict; the State says cities have to provide housing and cannot
have a local ordinance prohibiting housing. State law does not say there is a problem
with Measure A zoning; every city in California has something like Measure A; State law
is saying Measure A cannot apply to the entire City; multifamily residential zoning has to
be permitted in areas; just enough has been provided to meet the regional obligation.
Councilmember deHaan inquired whether the State is dictating Measure A would be
trumped by the Housing Element.
The Planning Services Manager responded just as with State density bonus, the City
has to adopt an ordinance providing a certain amount of affordable housing, which
waives Measure A.
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CityCouncil,2012-07-03,7,"Councilmember deHaan inquired how many stories tall are Summer Homes, to which
the Planning Services Manager responded four stories.
In response to Councilmember deHaan's further inquiry regarding Summer Homes, the
Planning Services Manager stated the density is low because the site is huge; a four
story building on Santa Clara has lower density.
Councilmember deHaan inquired whether Alameda Point is excluded from the Housing
Element.
The Planning Services Manager responded Alameda Point is not addressed because
State law penalizes cities that do not make land available during the period.
Councilmember deHaan inquired how many homes could be built, to which the Planning
Services Manager responded 2,400 units total.
The City Manager stated the City is not committed to building or developing the units;
the City is committed to making the sites available; the seven year Housing Element is
five years late.
Councilmember Johnson stated getting a certified Housing Element is important;
inquired how certain is staff that State law trumps the Charter.
The City Attorney stated the matter is of State-wide, not municipal concern; therefor
State law trumps the City.
The City Manager stated the State can condition money on General Plan and Housing
Element compliance; the State legislature is placing strings on its money.
Councilmember Johnson stated she has no doubt that the State would do so.
Urged the Housing Element be approved: Darin Lounds, Executive Director of the
Housing Consortium of the East Bay and Board President of East Bay Housing
Organizations; Diane Lichenstein, HOMES; Patricia Burke; Marylin Ezzy Ashcraft, Laura
Thomas, President, Renewed Hope Housing Advocates; Austin Tam; Lynette Lee,
Renewed Hope and Buena Vista Methodist Church; Deni Adaniya; Amie Fishman,
Executive Director, East Bay Housing Association; David de la Torre, Gene Oh, Chair,
Buena Vista Community Institute, and owner of Alameda Bicycle; William Smith, Vice
President, Renewed Hope; Alan Pryor.
Urged the Housing Element not be approved: Angela Fawcett, Park Webster
Homeowner Association; Ken Petersen; Darcy Morrison.
In response to the City Manager's request, the Planning Services Manager stated the
City has to show sites for its regional fair share requirement of 2,400 units; the amount
of land and number of units shown in prior Housing Elements is not increasing; the
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CityCouncil,2012-07-03,8,"issue is housing type and density; the same sites can be used for the next round if the
sites are still available.
The City Manager reiterated the sites identified today, unless built out, remain available
again for the next round.
Mayor Gilmore stated the City has gone through the Housing Element process many
times; identified sites might not be built; given the economy, all of the sites are probably
still going to be available in the next cycle.
The City Manager stated projects have to go through the standard regulatory process to
examine impacts, mitigation, CEQA analysis on some level. This all still has to happen
on any given project, so the approval tonight is for the Housing Element General Plan, it
does not dispose of any specific project on any specific site, nor does it preclude the
City from identifying these sites again in 2015, which will have a lower number
apparently than in this particular housing element based on the earlier numbers.
*
Following Corinne Lambden's comments, Councilmember Tam left the dais at 9:26 p.m.
and returned at 9:32 p.m.
Vice Mayor Bonta moved adoption of the resolution and introduction of the ordinance.
Vice Mayor Bonta inquired the last time the City had a certified Housing Element, to
which the Planning Services Manager responded the 1990 Housing Element.
Vice Mayor Bonta inquired whether Measure A still exists in the City no matter what the
Council does tonight.
The City Attorney responded in the affirmative, stated the Housing Element is consistent
with State law requirements and does not eliminate Measure A.
Vice Mayor Bonta stated the City should be compliant with the State laws in order to
eligible for transportation funding; the Housing Element is the right thing to do from a
social and economic justice perspective, housing options should be provided for the
entire population, including affordable housing.
Councilmember Tam seconded the motion.
Councilmember Tam stated the Housing Element is about Alameda planning for a
sustainable future that preserves open space and provides a mix of housing to support
the needs of working families; control over planning, including Measure A, is being
preserved within the City instead of being taken over by the courts like other cities;
noted the City has to start again in two years.
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CityCouncil,2012-07-03,9,"Planning Services Manager responded in the negative, stated the Collins project has
been approved, but not built due to the economy.
Councilmember deHaan stated the amount is being increased to 48 units, which is a
quantum step above 29 units.
In response to Councilmember Johnson's request, the Housing Development and
Programs Manager briefly discussed affordable housing.
Councilmember Tam inquired about affordable housing funding.
The Housing Development and Programs Manager stated Assembly Bill (AB) 1484 was
signed into law on Friday to clean up to AB26; provisions provide a bit of affordable
housing relief; a document transfer tax passed the Senate, but is not out of the
Assembly; hopefully the bill will create a permanent funding source for affordable
housing and replace redevelopment funds.
Councilmember Johnson requested a review of the extensive opportunity for public
input.
The City Manager noted tonight is the fourth public hearing since December.
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CityCouncil,2012-07-03,10,"Councilmember Tam inquired whether there was opposition at the Planning Board
meetings.
The Planning Services Manager responded there has been very little opposition
throughout the process.
Councilmember Johnson inquired whether the configuration is different, but regardless
the City still needs to zone to allow the required number of housing units.
The Planning Services Manager responded in the affirmative; stated the previous
Housing Element for approximately 2,000 housing units was never fully certified by the
State because only one type of housing, single family residential, was included; a full
range of housing types, including the multifamily rental, is included in the proposed
Housing Element; the number of units is 2,400 because the City was not successful in
getting the last round certified; the Housing Element has to be certified before the
statutory deadline because if not, the City will be penalized.
Councilmember deHaan inquired what is the City's obligation to do an Environmental
Impact Report (EIR).
The Planning Services Manager responded an environmental assessment was done;
the 2008 Transportation Element data was used, which reviewed transportation impacts
from building 5,000 housing units Citywide over a 20 year period; the 2003
environmental document for the last Housing Element was also used; every project
would still require environmental and design review, and discretionary approval from
Planning Board.
Councilmember deHaan inquired about the Chinatown agreement.
The Planning Services Manager replied there is no relationship; stated the agreement
only relates to Alameda Point.
Mayor Gilmore stated the City has not had a certified Housing Element during her time
on the Planning Board and Council; the issue involves economic and social justice;
providing housing for range of different families with different housing types is important.
On the call for the question, the motion carried by the following voice vote: Ayes:
Councilmembers Bonta, Johnson, Tam and Mayor Gilmore - 4. Abstention:
Councilmember deHaan - 1.
(12-370) Introduction of Ordinance Approving a Lease and Authorizing the City
Manager to Execute Documents Necessary to Implement the Terms of the Lease with
Delphi Productions, Inc. for Five Years in Building 39 at Alameda Point, 950 West
Tower Avenue. Introduced.
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CityCouncil,2012-07-03,11,"The Economic Development Division Manager gave a brief presentation.
Councilmember deHaan inquired why the term is only five years.
The City Manager responded the City does not want to tie the building down for more
than five years.
Councilmember deHaan stated that he is surprised the renewal is only five years, since
the company is very successful and has been at Alameda Point for a very long period of
time.
The City Manager stated the tenant is very happy with the lease.
Vice Mayor Bonta inquired the length of the prior lease and number of renewals, to
which the Economic Development Division Manager responded the tenant has been at
Alameda Point since 1998 and has had multiple renewals.
Councilmember deHaan stated their initial lease was around 8 to 10 years.
Councilmember Johnson moved introduction of the ordinance.
Vice Mayor Bonta seconded the motion, which carried by unanimous voice vote - 5.
(12-371) Introduction of Ordinance Approving a Lease and Authorizing the City
Manager to Execute Documents Necessary to Implement the Terms of the Lease with
American Bus Repair LLC, Doing Business As Coach Specialties, for Two Years in a
Portion of Building 24 at Alameda Point, 2301 Monarch Street. Introduced.
The Economic Development Division Manager gave a brief presentation.
Councilmember Johnson moved introduction of the ordinance.
Councilmember Johnson inquired why the renewal is only for two years, to which the
Economic Development Division Manager responded the tenant is occupying one of
three bays in Building 24; stated another Building 24 tenant, Rockwall Winery, would
like to expand.
Councilmember Johnson inquired if staff is looking for another facility for American Bus,
to which the City Manager responded in the affirmative; stated staff should be able to
work out something to help everybody expand and create more jobs.
Councilmember Johnson moved introduction of the ordinance.
Councilmember deHaan seconded the motion, which carried by unanimous voice vote
-
5.
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CityCouncil,2012-07-03,12,"CITY MANAGER COMMUNICATIONS
(12-372) The City Manager complimented the Council for tonight.
Mayor Gilmore stated the certified Housing Element should be framed.
ORAL COMMUNICATIONS, NON-AGENDA
None.
COUNCIL REFERRALS
None.
COUNCIL COMMUNICATIONS
(12-373) Councilmember deHaan discussed the Staffing For Adequate Fire and
Emergency Response (SAFER) grant, fire boats, and salt water pumps; inquired if the
SAFER grant would give us two more years.
The Assistant City Manager responded the current grant would expire on September
10th; the grant is for two and half years from September 10th
Councilmember deHaan thanked the Assistant City Manager for the information.
Councilmember deHaan inquired about the fire boat grant from Homeland Security.
The Assistant City Manager responded the City received a security grant from
Homeland Security.
The City Manager stated the estimate is the City would be required to pay 25% match.
Councilmember deHaan inquired if the boat cost $1/2 million, to which the City Manager
responded in the affirmative.
Councilmember deHaan inquired about securing a homeland security grant for salt
water pumps.
The City Manager responded salt water pumps have been addressed; $1/2 million per
pump; the City needs 24 pumps which would cost $12 million; a report on the matter
would come to the Council before the year is over.
Vice Major Bonta inquired whether the fireboat has fire pumping capabilities, to which
the City Manager responded in the affirmative.
Vice Major Bonta stated the grants are great examples of leveraging outside funding to
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CityCouncil,2012-07-03,13,"help with budget challenges.
The City Manager commended staff for the team effort to obtain the grants.
ADJOURNMENT
There being no further business, Mayor Gilmore adjourned the meeting at 10:22 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.
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CityCouncil,2012-07-03,14,"MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY--JULY 3, 2012--6:00 P.M.
Mayor Gilmore convened the meeting at 6:00 p.m.
Roll Call -
Present:
Councilmembers Bonta, deHaan, Johnson, Tam, and
Mayor Gilmore - 5.
[Note: Councilmember Johnson arrived at 6:02 p.m. and Vice
Mayor Bonta arrived at 6:07 p.m.]
Absent:
None.
The meeting was adjourned to Closed Session to consider:
(12-349) Conference with Legal Counsel - Anticipated Litigation (Pursuant to
subdivision (c) of Section 54956.9) Number of Cases: One. Not heard.
(12-350) Conference with Legal Counsel - Existing Litigation (54956.9); Name of Case:
SCC Alameda Point, LLC, et al V. City of Alameda, et al.; U.S. District Court Case No
CV-10-5178; this is to discuss strategy regarding a lawsuit brought by our former
developer, SunCal, based on the Exclusive Negotiating Agreement.
Following the Closed Session, the meeting was reconvened and Mayor Gilmore
announced that regarding Existing Litigation, the Council gave direction to staff.
Mayor Gilmore called a recess at 7:10 p.m. to hold the regular meeting and reconvened
the closed session at 10:24 p.m.
(12-351) Conference with Labor Negotiators (54957.6); Agency Negotiators:
Councilmembers deHaan and Johnson; Unrepresented Employee: City Clerk;
Anticipated Issues: All (Wages, Hours, Benefits, and Working Conditions)
Following the Closed Session, the meeting was reconvened and Mayor Gilmore
announced that regarding Labor, the Council gave direction to the negotiators.
Adjournment
There being no further business, Mayor Gilmore adjourned the meeting at 10:44 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.
Special Meeting
Alameda City Council
July 3, 2012",CityCouncil/2012-07-03.pdf