2007-09-04 PacketCITY OF ALAMEDA • CALIFORNIA
SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY - - - SEPTEMBER 4, 2007 - - - 6 :00 p.m.
Time: Tuesday, September 4, 2007 6 :00 p.m.
Place: gAim1,2924a9.11_chMOLSItSEDE9Intioam, City Hall, corner
of Santa Clara Avenue and Oak Street.
Agenda:
1. Roll Call --- City Council
2. Public Comment on Agenda Items Only
Anyone wishing to address the Council on agenda items only,
may speak for a maximum of 3 minutes per item
3. Adjournment to Closed Session to consider:
3 -A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Properties:
Negotiating parties:
Under negotiation:
1041 W. Midway and Various Easements
in Alameda
City of Alameda and Alameda Power
and Telecom
Price and terms
4. Announcement of Action Taken in Closed Session, if any
5. Adjournment -- City Council
Housing
Authority of the City of Alameda
701 Atlantic Avenue - AIameda, California 94501 -2161 - TEL: (510) 747 -4300 - FAX: (510) 522 -7848 - TDD: (510) 522 -8467
IF YOU WISH TO ADDRESS THE BOARD:
'1. Please file a speaker's slip with the Executive Director, and
upon recognition by the Chair, approach the rostrum and
state your name; speakers are limited to 3 minutes per item.
2. Lengthy testimony should be submitted in writing and only a
summary of pertinent points presented verbally.
3. Applause and demonstrations are prohibited during Board of
Commissioners meetings.
AGENDA
SPECIAL MEETING OF THE BOARD OF COMMISSIONERS
DATE & TIME Tuesday, September 4, 2007, 7:25 PM
LOCATION City Hall, Council Chambers, Room 390, 2263 Santa Clara Ave., Alameda, CA
Welcome to the Board of Commissioners of the Housing Authority of the City of Alameda
meeting. Regular Board of Commissioners meetings are held on the first Tuesday of each
quarter in the Council Chambers at City Hall.
Public Participation
Anyone wishing to address the Board on agenda items or business introduced by
Commissioners may speak for a maximum of three minutes per agenda item when the
subject is before the Board. Please file a speaker's slip with the Housing Authority Executive
Director if you wish to address the Board of Commissioners.
PLEDGE OF ALLEGIANCE
ROLL CALL - Board of Commissioners
2. CONSENT CALENDAR
• Consent Calendar items are considered routine and will be approved or accepted
by one motion unless a request for removal for discussion or explanation is
received from the Board of Commissioners or a member of the public.
2 -A. Minutes of the Regular Board of Commissioners meeting held July 3, 2007.
Acceptance is recommended.
Special Meeting of the Board of Commissioners
September 4, 2007 Page 2
2 -B. Award of Flooring Contract. The Housing Commission and Chief Executive Officer
recommend the Board of Commissioners:
1. Approve awarding a contract to Bay Area Contract Carpets for an amount not to
exceed $1 54,000; and to
2. Authorize the Executive Director to execute the contract.
2 -C. Extend Contract for Tree Maintenance. The Housing Commission and Chief
Executive Officer recommend the Board of Commissioners:
1. Extend the existing contract with Tree Sculpture Group, Inc., for tree maintenance
for two additional years, with the final year contingent upon adoption of a Housing
Authority budget with adequate funding for this work, for an amount not to exceed
$37,220 for the second contract year and $34,206 for the third contract year; and
2. Authorize the Executive Director to execute the amendment to the agreement.
3. AGENDA
None.
4. ORAL COMMUNICATIONS, Non - Agenda (Public Comment)
5. COMMISSIONER COMMUNICATIONS, (Communications from the Commissioners)
6. ADJOURNMENT
* * *
Note:
* Sign language interpreters will be available on request. Please contact Carol Weaver,
Secretary, at 747-4325 voice or 522 -8467 TDD at least 72 hours before the meeting to
request an interpreter.
* Accessible seating for persons with disabilities (including those using wheelchairs) is
available.
* Minutes of the meeting are available in large print.
* Audiotapes of the meeting are available on request.
* Please contact Carol Weaver at 747 -4325 voice of 522 -8467 TDD at least 72 hours
prior to the meeting to request agenda materials in an alternative format, or any other
reasonable accommodation that may be necessary to participate in and enjoy the
benefits of the meeting.
AGENDA
CITY OF ALAMEDA • CALIFORNIA
IF YOU WISH TO ADDRESS THE COUNCIL:
1. Please file a speaker's slip with the Deputy City
Clerk and upon recognition by the Mayor, approach the
podium and state your name; speakers are limited to
three (3) minutes per item.
2. Lengthy testimony should be submitted in writing and
only a summary of pertinent points presented verbally.
3. Applause and demonstration are prohibited during
Council meetings.
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY SEPTEMBER 4, 2007 - - - -- 7 :30 P.M.
[Note: Regular Council Meeting convenes at 7:30 pm, City Hall,
Council Chambers, corner of Santa Clara Ave and Oak St]
The Order of Business for City Council Meeting is as follows:
1. Roll Call
2. Agenda Changes
3. Proclamations, Special Orders of the Day and Announcements
4. Consent Calendar
5. Agenda Items
6. Oral Communications, Non-Agenda (Public Comment)
7. Council Communications (Communications from Council)
8. Adjournment
Public Participation
Anyone wishing to address the Council on agenda items or business
introduced by Councilmembers may speak for a maximum of 3 minutes
per agenda item when the subject is before Council. Please file a
speaker's slip with the Deputy City Clerk if you wish to address
the City Council
SPECIAL MEETING OF THE CITY COUNCIL 6 :00 P.M.
CITY COUNCIL CHAMBERS CONFERENCE ROOM
Separate Agenda (Closed Session)
SPECIAL MEETING OF THE HOUSING AUTHORITY BOARD 7 :25 P.M.
OF COMMISSIONERS, CITY COUNCIL CHAMBERS
Separate Agenda
SPECIAL MEETING OF THE ALAMEDA REUSE AND 7:31 P.M.
REDEVELOPMENT AUTHORITY, CITY COUNCIL CHAMBERS
Separate Agenda
1. ROLL CALL - City Council
2. AGENDA CHANGES
3. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
3 -A. Proclamation declaring September 15, 2007 as Coastal Cleanup
Day and September 16 through 22, 2007 as Pollution Prevention
Week. (Public Works)
4. CONSENT CALENDAR
Consent Calendar items are considered routine and will be
enacted, approved or adopted by one motion unless a request
for removal for discussion or explanation is received from the
Council or a member of the public
4 -A. Minutes of the Special and Regular City Council Meetings held
on August 21, 2007 and the Special City Council Meeting held
on August 27, 2007. (City Clerk)
4 -B. Bills for ratification. (Finance)
4-C. Recommendation to accept the Quarterly Sales Tax Report for
period ending March 31, 2007. (Finance)
4 -D. Recommendation to approve amendment to Consultant Agreement
with Sally Swanson Architects, Inc. to increase the Contract
amount by $5,000 for the update of the City's Americans with
Disabilities Act Transition Plan and Self Evaluation. (City
Attorney)
4 -E. Adoption of Resolution Approving the Appeal of Nissan Saidian
and Leon Zektser and Overturning the Planning Board's Denial
of Use Permit UP06 -0010 for 1310 Central Avenue. (Planning and
Building)
4 -F. Final Passage of Ordinance Amending the Alameda Municipal Code
by Adding Section 2 -19 (Youth Advisory Commission) to Article
II (Boards and Commissions) of Chapter II (Administration),
Establishing a Youth Advisory Commission and Prescribing
Membership and Duties of Said Commission. (Recreation and
Parks)
5. REGULAR AGENDA ITEMS
5 -A. Report on the process for Council -- Initiated City Charter
Amendments; and consideration of creating a City Council Sub-
committee or Ad -Hoc Committee to Review the Charter for
Suggested Amendment of City Charter Provisions. (City
Attorney/City Clerk)
6. ORAL COMMUNICATIONS, NON- AGENDA (Public Comment)
Any person may address the Council in regard to any matter
over which the Council has jurisdiction or of which it may
take cognizance, that is not on the agenda
7. COUNCIL COMMUNICATIONS (Communications from Council)
Councilmembers can address any matter, including reporting on
any Conferences or meetings attended
7 -A. Report on City Priority- Setting Project. [Councilmember
Matarrese] (City Manager)
7 -B. Consideration of Mayor's nomination for appointment to the
Social Service Human Relations Board.
8. ADJOURNMENT - City Council
* * *
• For use in preparing the Official Record, speakers reading a
written statement are invited to submit a copy to the City Clerk
at the meeting or e -mail to: lweisige @ci.alameda.ca.us
• Sign language interpreters will be available on request. Please
contact the City Clerk at 747 -4800 or TDD number 522 -7538 at
least 72 hours prior to the Meeting to request an interpreter.
• Equipment for the hearing impaired is available for public use.
For assistance, please contact the City Clerk at 747 -4800 or TDD
number 522 -7538 either prior to, or at, the Council Meeting.
• Accessible seating for persons with disabilities, including
those using wheelchairs, is available.
• Minutes of the meeting available in enlarged print.
• Audio Tapes of the meeting are available upon request.
• Please contact the City Clerk at 747 -4800 or TDD number 522 -7538
at least 48 hours prior to the meeting to request agenda
materials in an alternative format, or any other reasonable
accommodation that may be necessary to participate in and enjoy
the benefits of the meeting.
AGENDA
Special Meeting of the Governing Body of the
Alameda Reuse and Redevelopment Authority
Alameda City Hall
Council Chamber, Room 390
2263 Santa Clara Avenue
Alameda, CA 94501
1. ROLL CALL
2. CONSENT CALENDAR
Tuesday, September 4, 2007
Meeting will begin at 7:31 p.m.
Consent Calen• ar items are considered routine and will be enacted, approved or adopted by one motion unless a
request for removal for discussion or explanation is received from the Board or a member of the public.
2 -A. Approve the minutes of the Special Meeting of August 7, 2007
2 -B. Approve Two -Year Sublease for Architectural Glass & Aluminum at Alameda Point
2 -C. Approve the Proposed Sale and Disposition of Surplus Property at Alameda Point, Itemized
as Five Rapid Electric Rectifiers, One Industrial Oven, Two Abrasive Blasters, and One
Abar Ipson IVD Machine, for a Total Amount of $84,000 in Revenue to the ARRA
2 -D. Approval to Provide Building 24 for No Cost for Alameda Boys & Girls Club Fundraiser
3. REGULAR AGENDA ITEMS
3 -A. Alameda Point Update -- Presentation of Master Project Schedule Prepared by SCC
Alameda Point LLC
4. ORAL COMMUNICATIONS, NON - AGENDA (PUBLIC COMMENT)
(Any person may address the governing body in regard to any matter over which the
governing body has jurisdiction that is not on the agenda.)
5. COMMUNICATIONS FROM THE GOVERNING BODY
6. ADJOURNMENT
This meeting will be cablecast live on channel 15.
Notes:
■ Sign language interpreters will be available on request. Please contact the ARRA Secretary at 749 -5800 at
least 72 hours before the meeting to request an interpreter.
■ Accessible seating for persons with disabilities (including those using wheelchairs) is available.
■ Minutes of the meeting are available in enlarged print.
• Audio tapes of the meeting are available for review at the ARRA offices upon request.
Housing
Authority of the City of Alameda
701 Atlantic Avenue - Alameda, California 94501 -2161 - TEL: (510) 747 -4300 - FAX: (510) 522 -7848 - TDD: (510) 522 -8467
MINUTES
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
OF THE HOUSING AUTHORITY OF THE CITY OF ALAMEDA
HELD TUESDAY, JULY 3, 2007
The Board of Commissioners was called to order at 7:47 p.m.
PLEDGE OF ALLEGIANCE
1. ROLL CALL
Present: Commissioners deHaan, Gilmore, Matarrese, Tam, Torrey and Chair
Johnson
Absent: None
2. CONSENT CALENDAR
Commissioner deHaan moved acceptance of the Consent Calendar. Commissioner
Matarrese seconded. Motion carried unanimously. items accepted or adopted are
indicated by an asterisk.
*2 -A. Minutes of the Special Board of Commissioners meeting held May 1, 2007. Minutes
were accepted.
*2 -B. Minutes of the Special Joint Meeting of the Board of Commissioners and the Housing
Commission Work Session held June 2, 2007. Minutes were accepted.
*2 -C. Minutes of the Special Board of Commissioners meeting held June 5, 2007. Minutes
were accepted.
*2 -D. Award Contract for Parrot Village Windows Project. The Board of Commissioners:
1. Awarded a contract to replace Parrot Village windows and sliding glass patio doors
to Bay Cities Construction Co. for $198,800; and
2. Authorized the Executive Director to execute the contract and to issue change
orders up to 10 percent of the total contract amount.
3. AGENDA
None.
HABOC
Item #2 -A CC
09 -04 -07
Minutes of July 3, 2007
Regular Board of Commissioner Meeting Page 2
4. ORAL COMMUNICATIONS
None.
5. COMMISSIONER COMMUNICATIONS
Commissioner Torrey provided information on various community events.
6. ADJOURNMENT
There being no further business, Chair Johnson adjourned the meeting at 7:52 p .m.
Attest: Beverly Johnson, Chair
Michael T. Pucci
Executive Director l Secretary
Housing
Authority of the City of Alameda
701 Atlantic Avenue - Alameda, California 94501-2161 - Tel: (510) 747 -4300 - Fax: (510)522 -7848 - TDD: (510) 522 -8467
To: Honorable Chair and
Members of the Board of Commissioners
From: Debra Kurita
Chief Executive Officer
Date: September 4, 2007
Re: Award of Flooring Contract
BACKGROUND
This year's budget includes $162,500 for replacement floor covering at Housing
Authority properties. Floor covering is replaced as needed to prepare a unit for a new
occupant. In addition, floor covering should be replaced on a cyclical basis in all
occupied units. Vinyl flooring in kitchens and bathrooms is scheduled for replacement
every 12 years. Carpeting is evaluated every five years for either cleaning or
replacement.
DISCUSSION
The Housing Authority issued an Invitation for Bids (IFB) for a floor covering contract on
July 5, 2007. Bids were received August 2. The Housing Authority requested bids to
replace carpeting and vinyl in each size of unit, based on the average size of units.
This method is more efficient for the Housing Authority and the contractor who has a list
of properties by unit size with the vinyl and carpeted areas provided. Four bids were
received; three of them were determined to be responsive. The bids were:
Floorcovering
Bay Area Contract
Carpets, Oakland
East Bay Flooring,
. Hayward
Design Flooring
Systems, Hayward
Car et
p
Studio
$ 684.00
$ 744.00
$ 840.00
One
$ 783.75
$ 852.00
$ 962.50
Two
$ 1,140.00
$ 1,240.00
$ 1,516.00
Three
$ 1,453.40
$ 1,582.00
$ 1,932.00
Four
$ 1,738.50
$ 1,891.00
$ 2,311.90
Five
$ 2,009.25
$ 2,185.00
$ 2,670.95
Vin I
y
Studio
$ 411.50
$ 700.00
$ 655.00
One
$ 445.00
$ 735.00
$ 727.50
Two
$ 668.00
$ 750.00
$ 1,300.50
Three
$ 1,058.00
$ 1,008.00
$ 2,023.00
Four
$ 1,232.50
$ 1,260.00
$ 2,528.95
Five
$ 1,256.00
$ 1,296.00
$ 2,670.95
Totals
$ 12,879.90
$ 14,243.00
$ 20,139.25
HABOC
Item #2 -B CC
09-04-07
Honorable Chair and Members September 4, 2007
of the Board of Commissioners Page 2 of 2
Bay Area Contract Carpets of Oakland is the lowest responsive bidder. Based on the
standard due diligence process, this company is qualified to perform this work. The
Housing Commission had the opportunity to review this recommendation at its regular
meeting held on August 15, 2007.
BUDGET CONSIDERATION /FINANCIAL IMPACT
The Housing Authority has $152,500 budgeted for replacement floor covering for this
fiscal year. To date, $4,300 has been expended leaving approximately $154,000
available for the remainder of the fiscal year. During the greater part of the year, the
funds available will be used to prepare vacant units for new occupants. Nearing the
end of the year when a better idea of what funds will be available, units requiring new
floor covering under the cycle schedule will be completed. This ensures that the
budgeted amount is not exceeded.
The proposed contract specifies the dollar amount to be paid for each unit by size in
accordance with the lowest bid submitted. The contract also specifies a not to exceed
amount of $154,000. Additional control of expenditures will be through the purchase
order system which requires management approval on all orders. A copy of the
contract is on file in the City Clerk's Office and in the Housing Authority's public
reference binder.
RECOMMENDATON
The Housing Commission and Chief Executive Officer recommend the Board of
Commissioners:
1. Approve awarding a contract to Bay Area Contract Carpets for an amount not to
exceed $154,000; and to
2. Authorize the Executive Director to execute the contract.
Respectfully submitted
>‘.( -
Michael T. Pucci
Executive Director
't■eee,i.t
By: Eileen Duffy
,-,
ED
Administrative Operations Manager
Attachment:
1. Contract
Dedicated to Excellence, Committed to Service
Housing
Authority of the City of Alameda
701 Atlantic Avenue - Alameda, California 94501-2161 - Tel: (510) 747 -4300 - Fax: (510)522 -784$ - TDD: (510) 522-8467
To: Honorable Chair and
Members of the Board of Commissioners
From: Debra Kurita
Chief Executive Officer
Date: September 4, 2007
Re: Extend Contract for Tree Maintenance
BACKGROUND
The budget for each fiscal year includes maintenance for trees on Housing Authority
properties. With the assistance of an arborist, last year the Housing Authority
conducted an extensive inventory of its trees and determined what work should be done
over a three -year period. In the first year, deferred maintenance was included
increasing the scope of work; years two and three are for ongoing maintenance.
In August 2006, the Housing Authority issued an IFB for tree maintenance requesting
bids for each of the three years. Two responsive bids were received as follows:
BIDDER
YEAR 1
YEAR 2
YEAR 3
Tree Sculpture Group, Inc.,
Oakland
$ 47,874
$ 33,836
$ 31,096
Professional Tree Care,
Berkeley
$ 224,683
$ 215,434
$ 206,662
Tree Sculpture Group was the lowest responsive bidder. To evaluate the accuracy of
the company's bidding and the quality of work, a one -year contract was awarded. The
first year included some deferred maintenance
DISCUSSION
The Housing Authority has found Tree Sculpture's work acceptable. The company also
has stayed within the budgeted amount. As a result of this successful performance, it is
recommended that the contract with Tree Sculpture be extended to include years two
and three for a total contract amount of $84,906. Because of the total dollar amount,
this recommendation was brought to the Housing Commission for review at its regular
meeting of August 15, 2007, before bringing it to the Board of Commissioners for
consideration.
HABOC
Item #2 -C CC
09 -04 -07
Honorable Chair and September 4, 2007
Members of the Board of Commissioners Page 2 of 2
BUDGET CONSIDERATION /FINANCIAL IMPACT
The budget for tree maintenance for the current fiscal year is $41,060. The cost to
extend the contract for an additional year would be $33,836. An additional 10 percent
would provide an amount to cover emergencies, such as the removal of a tree damaged
by a winter storm. The total, including contingency, would be $37,220, well within the
amount budgeted. If approved, the third year would be contingent upon adoption of a
budget with adequate funding.
RECOMMENDATON
The Housing Commission and Chief Executive Officer recommend the Board of
Commissioners:
1. Extend the existing contract with Tree Sculpture Group, Inc. for tree maintenance for
two additional years, with the final year contingent upon adoption of a Housing
Authority budget with adequate funding for this work, for an amount not to exceed
$37,220 for the second contract year and $34,206 for the third contract year; and
2. Authorize the Executive Director to execute the amendment to the agreement.
Respectfully submit
IP-
Michael T. Pucci
Executive Director
ezeA--,
By: Eileen Duffy
Administrative Operations Manager
ED
Attachment(s):
1. Addendum to the Agreement for Tree Maintenance with Tree Sculpture Group, Inc.
AMENDMENT TO AGREEMENT
This Amendment of the Agreement, entered into this day of September,
2007, by and between the HOUSING AUTHORITY OF THE CITY OF ALAMEDA, a
public body corporate and politic (hereinafter "AHA ") and TREE SCULPTURE GROUP,
INC., a California corporation whose address is 463 Roland Way, Oakland, CA 94621,
(hereinafter "Contractor "), is made with reference to the following:
RECITALS:
A. On October 5, 2006, an agreement was entered into by and between AHA
and Contractor (hereinafter "Agreement ").
B. AHA and Contractor desire to modify the Agreement on the terms and
conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned
parties as follows:
1. Paragraph 1 of the Agreement is modified to read as follows: The Contractor
shall begin work in accordance with the schedule outlined in the Scope of Work within
each fiscal year shall diligently prosecute the work to completion, not to exceed the
expiration of this Agreement on June 30, 2008, or June 30, 2009, if an AHA budget is
adopted with sufficient funds to provide for a third year under this contract.
2. Paragraph 3 of the Agreement is modified to read as follows: Contractor
shall be compensated for services performed pursuant to this Agreement in an amount
not to exceed $47,874 for Fiscal Year 2006-2007, $37,220 for Fiscal Year 2007 -2008,
and $34,205 for Fiscal Year 2008-2009, providing an AHA budget is adopted with
sufficient funds to provide for a third year under this contract. Payment will be made in
the same manner that claims of a like character are paid by the AHA, with checks drawn
on the treasury of said AHA, to be taken from the funds as outlined in Exhibit A.
Payment will be made by the AHA in the following manner: On the first day of
each month, Contractor shall submit a written estimate of the total amount of work done
the previous month. Payment shall be made for 90 percent of the value of the work. The
AHA shall retain 10 percent of the value of the work as partial security for the completion
of the work by Contractor. Retained amounts shall not be construed as acceptance of
defective work. No interest will be paid to Contractor on retained funds.
3. Except as expressly modified herein, all other terms and covenants set
forth in the Agreement shall remain the same and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed on the day and year first above written.
TREE SCULPTURE GROUP, INC. HOUSING AUTHORITY OF THE
CITY OF ALAMEDA
By Craig Lundin By Michael T. Pucci
Title: President Title: Executive Director
i
s,
Proc(arnation
WffE1?EAS, Coastal Cleanup Day provides an opportunity to recognize the need to protect the
ecological health and beauty of Alameda. Alamedans take great pride in their
city's natural beauty and support a clean and safe environment in which to live
and raise their children; and
w 1-(E1;?.:EAS, Plastic litter such as food wrappers, beverage containers, cigarettes, and smoking-
related materials comprise up to 80% of the debris found in the past Coastal
Cleanup Day events, represent the majority of trash found in the watersheds and
shorelines, and have repercussions on coastal ecosystems; and
WHEREAS, Plastic debris and cigarette butts, which contain 165 toxic chemicals, threaten
g ,
water quality, public safety, and aquatic ecosystems and are a transport
mechanism for toxic substances in the marine environment, and the ingestion of
this material by animals can cause malnutrition, starvation, and even death; and
WfEgEAS, Coastal Cleanup Day and Pollution Prevention Week will be observed by
other communities and organizations throughout the nation, and this
recognition is an opportunity for the City of Alameda to work with
business, industry, environmental groups, community organizations, and
residents for a prosperous and sustainable future; and
WHEREAS, Coastal Cleanup Day will be the opening event for Pollution Prevention Week,
p y p g
and is a way for all residents of Alameda to join the effort- to protect California's
beautiful coastlines by removing litter from the beaches, shorelines, streets, parks,
and neighborhoods, thereby reducing the harmful impacts caused by both litter
and urban runoff, and restoring the natural beauty of the waterways.
NOW, T*(EgEFo1E $E IT 1ESOLVED, that I, Beverly J. Johnson, Mayor of the City of
Alameda, do hereby declare Saturday, September 15, 2007 as
CotJCleaA1d9qJ Dcy
and recognize the week of September 16 -22, 2007, as National Pollution Prevention Week 2007. I urge all
residents, businesses, civic groups, government agencies, and other organizations to participate in local
and regional celebratory and educational activities, including the Coastal Cleanup Day event that will
take place at both the Robert Crown Memorial State Beach and the Encinal Boat Ramp. This clean-up
effort will begin at 9:00 a.m. and co e at noon at the Robert Crown Memorial State Beach Park.
r
)e ISO
o . on
Mayor
City Council
Agenda Item #3 -A
09 -04 -07
1
UNAPPROVED
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- - AUGUST 21, 2007- -6 :30 p.m.
Mayor Johnson convened the Special Meeting at 6:45 p.m.
ROLL CALL - Present: Councilmembers deHaan, Gilmore,
Matarrese, Tam, and Mayor Johnson - 5.
Absent: None.
The Special Meeting was adjourned to Closed Session to consider:
(07- ) Conference with Legal Counsel - Existing Litigation
(54953.9); Name of Case: Harbor Bay Isle Associates v. City of
Alameda.
(07- ) Conference With Legal Counsel - Anticipated Litigation;
Significant exposure to litigation pursuant to Subdivision (b) of
Section 54956.9; Number of cases: One.
Following the closed Session, the Special Meeting was reconvened
and Mayor Johnson announced that regarding Existing Litigation,
Council gave direction to Legal Counsel and authorized budget for
defense; regarding Anticipated Litigation, Council gave settlement
direction to Legal Counsel.
Adjournment
There being no further business, Mayor Johnson adjourned the
Special Meeting at 7 :30 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Special Meeting
Alameda City Council
August 21, 2007
UNAPPROVED
MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY - -AUGUST 21, 2007- -7 :30 P.M.
Mayor Johnson convened the Regular City Council Meeting at 7:46
p.m. Vice Mayor Tam led the Pledge of Allegiance.
ROLL CALL - Present: Councilmember deHaan, Gilmore, Matarrese,
Tam, and Mayor Johnson - 5.
Absent: None.
AGENDA CHANGES
(07- ) Mayor Johnson announced that Resolutions of Appointment
[paragraph no. 07- ] would be heard first and Introduction of
Ordinance Amending the Alameda Municipal Code by Amending Various
Sections [paragraph no. 07- ] would be continued.
REGULAR AGENDA ITEMS
(07- ) Resolution No. 14140, "Appointing Rod A. Arrants as a
Member of the Public Art Commission ". Adopted; and
(07- A) Resolution No. 14141, "Appointing Nielsen Tam as a Member
of the Transportation Commission (School District Representative)."
Adopted.
Councilmember Matarrese moved adoption of the resolutions.
Vice Mayor Tam seconded the motion, which carried by unanimous
voice vote - 5.
The City Clerk administered the Oath of Office and presented
certificates of appointment to Mr. Arrants and Mr. Tam.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
None.
CONSENT CALENDAR
Mayor Johnson announced that the recommendation to award Contract
in an amount not to exceed $98,000 [paragraph no. 07- ] and
Introduction of Ordinance Amending the Alameda Municipal Code by
Adding Section 2 -19 [paragraph no. 07- ] were removed from the
Consent Calendar for discussion.
Regular Meeting
Alameda City Council
August 21, 2007
1
Regarding the Minutes [paragraph no. *07- ], Councilmember deHaan
made a change to the minutes and Councilmember Gilmore noted that
she would abstain from voting on the minutes.
Vice Mayor Tam moved approval of the remainder of the Consent
Calendar.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5. [Items so enacted or adopted are
indicated by an asterisk preceding the paragraph number.]
( *07- ) Minutes of the Regular City Council Meeting held on
August 7, 2007.
Approved with the following change to Page 10: "...a bio- diesel blend
would be available." [Note: Councilmember Gilmore abstained from
voting on the minutes.]
( *07- ) Ratified bills in the amount of $3,590,952.92.
( *07- ) Recommendation to accept the Quarterly Investment Report
for period ending June 30, 2007. Accepted.
( *07- ) Recommendation to accept the work of Vortex Marine
Construction, Inc., for the repair of the Main Street Ferry
Terminal Pier. Accepted.
( *07- ) Recommendation to award a Contract in the amount of
$714,824, including contingencies, to Power Engineering
Contractors, Inc., for the Grand Street Sewer Pump Station, No.
P.W. 04- 07 -16. Accepted.
(07- ) Recommendation to award Contract in an amount not to
exceed $98,000, including contingencies, to Moore, Icafano,
Goltsman Inc. to provide Master Planning Services for the Alameda
Beltline property.
Former Councilmember Barbara Kerr, Alameda, submitted a handout;
stated the City does not own or have access to the property; legal
settlement could take two years; the money could be more affective
in the purchase price; the Request for Proposal (RFP) and plans do
not reflect the Northern Waterfront Specific Plan Committee
thinking; the Task Force composition should not be the same as the
Specific Plan Committee; Council voted twice to have a community
driven Task Force; it is time that residents on the north side are
considered stakeholders and consulted on the issue.
Regular Meeting
Alameda City Council
August 21, 2007
2
Mayor Johnson inquired what is the timeframe for the litigation.
The City Attorney responded the matter has just been appealed;
stated the Court of Appeal issue will take more than a year to make
a decision.
Mayor Johnson inquired whether the issue is now going to the Court
of Appeal, to which the City Attorney responded in the affirmative.
Debra Arbuckle, Alameda, stated the project has been going on for a
long time; the intended use was a passive open space park; the
railroad has been stonewalling the City; the City does not own the
property; the matter should be postponed; discussion should take
place when the City has the property.
Mayor Johnson inquired whether the City would not receive a
decision from the Court of Appeal for at least a year.
The City Attorney responded in the affirmative; stated a year would
be optimistic; a decision could take a year and a half.
Mayor Johnson inquired why the matter would take so long.
The City Attorney responded the decision of the Trial Court was
reached in November 2006; stated the exact wording of the .Judge' s
order took five or six months; there was a motion for a new trial;
the City prevailed on both matters.
Mayor Johnson inquired whether the City is prepared to oppose time
extensions and delays from the railroad.
The City Attorney responded in the affirmative; stated an appeal
was filed at the end of July; a briefing schedule has not been
established by the Court of Appeal.
Vice Mayor Tam inquired whether the appeal process would be
affected by engaging in a master planning process that solicits
broad community input.
The City Attorney responded it is difficult to say; stated parties
should be restricted to the record established at trial; she
anticipates that the railroad would review the City's proposed
planning activities, read newspaper articles, and bring said
information into the mix as to who should get the property.
Mayor Johnson inquired what is the timeframe for receiving public
Regular Meeting
Alameda City Council
August 21, 2007
3
input.
The Recreation and Park Director responded the goal is completion
by the end of the year.
Councilmember deHaan inquired whether contamination would have any
affect on the characteristic of the land.
The Recreation and Park Director responded the contamination would
have an affect on the ultimate placement of amenities; stated the
Master Plan would identify the types of amenities; amenities could
be interchangeable.
Councilmember deHaan requested an interpretation of what open space
would include.
The Recreation and Park Director stated open space could include
elements of a passive park with bike trails, picnic areas, and
athletic fields.
Councilmember deHaan stated Measure E discussions were headed
toward open space being a passive park area.
Mayor Johnson stated that [a passive park area] was not her
recollection; inquired what is the status on the possession of the
property.
The City Attorney responded the City does not have possession;
stated the Alameda Belt Line [ABL] retains title and possession;
the City has no right to enter the property without ABL's
permission.
Mayor Johnson inquired whether the City has any control of what ABL
can do with the property since the City won the Trial Court
decision.
The City Attorney responded ABL cannot enter into an agreement to
sell the property to someone else; stated improvements would be
done at ABL's own risk.
Mayor Johnson requested that staff investigate whether the City has
control over what ABL can do to the property; stated ABL should be
required to let the City know about any plans so that the City can
challenge said plans since the Trial Court decision states that the
City has the right to buy the property.
The City Attorney stated she would get back to Council on the
Regular Meeting
Alameda City Council
August 21, 2007
4
matter.
Councilmember Gilmore stated that she hopes the City would be
victorious at the appellate level; inquired whether the California
Supreme Court has a statutory timeframe to decide whether a cart
would be granted or denied.
The City Attorney responded in the negative; stated usually a
decision is received within a month to sixty days.
Councilmember Gilmore stated litigation may not be concluded for
two and a half to three years.
Councilmember Matarrese stated Council should not act on the matter
now; he does not want to jeopardize any chance to get the property.
Councilmember Matarrese moved that the matter be tabled until there
is a clearer picture of what is going on in the Courts.
Councilmember Gilmore seconded the motion.
Under discussion, Mayor Johnson stated that she appreciates staff
bringing the matter to Council's attention; staff worked on the
matter at Council's direction; information will be helpful when the
City moves forward on the matter; the entire community needs to be
included in planning what is needed.
On the call for question, the motion carried by unanimous voice
vote - 5.
(07- ) Introduction of Ordinance Amending the Alameda Municipal
Code by Adding Section 2 -19 (Youth Advisory Commission) to Article
II (Boards and Commissions) of Chapter II (Administration),
Establishing a Youth Advisory Commission and Prescribing Membership
and Duties of Said Commission. Introduced.
The Recreation and Park Director gave a brief presentation.
Vice Mayor Tam stated that the administration, operation and
staffing would be absorbed in the Recreation and Park Department
budget; inquired how much time would be devoted to support the
Commission.
The Recreation and Park Director responded the start up time would
be more significant; stated the initial phase could require ten to
fifteen hours per week; the hours would decrease to approximately
five hours per week once everything is up and running.
Regular Meeting
Alameda City Council
August 21, 2007
5
Vice Mayor Tam inquired how much is estimated for a full time
employee.
The Recreation and Park Director responded fifteen hours per week
would equate to half of a full time employee and would cost
approximately $35,000 to $40,000 per year.
Mayor Johnson opened the public portion of the meeting.
Proponents (In favor of the ordinance): Cecilia Martinez, HOME
Project; Audrey Lord - Hausman, Alameda Youth Collaborative; Antonio
Jimenez, HOME Project; Rachel Reed, Alameda Point Collaborative;
Morgan Turner, Alternatives in Action (AIA) ; Patricia Murillo, AIA;
Franklin Hysten, AIA; Alia Sydney Thomas, AIA; Michael John Torrey,
Alameda.
There being no further speakers, Mayor Johnson closed the public
portion of the meeting.
Mayor Johnson stated the language should state that high school age
students should live and be students in Alameda and that high
school graduates should live in Alameda.
Councilmember Matarrese stated the language should be "and/or"
because there are residents who live in Alameda but go to high
school elsewhere ,and there are students in Alameda schools who are
not residents.
Vice Mayor Tam moved introduction of the ordinance.
Vice Mayor Tam stated the Youth Commission should provide input on
the type of support needed and ways to partner to secure funding
for different policy issues; stated her motion includes the
modifications to 2 -19.3 on the Qualifications that states that a
potential commissioner must be a resident of Alameda and/or attend
a school within the City.
Councilmember deHaan seconded the motion.
Under discussion, Councilmember Matarrese stated that the Council
needs to give specific direction on some of the initial activity.
Mayor Johnson stated a joint meeting could be scheduled.
Councilmember Matarrese stated that the Recreation and Park
Department needs to advise Council if more resources are needed.
Regular Meeting
Alameda City Council
August 21, 2007
6
Mayor Johnson thanked the Recreation and Park Department, Ms. Lord-
Hausman, and the Youth Collaborative.
Councilmember deHaan stated youth outreach was not successful with
the Community Reuse Plan for Alameda Point because there was not an
organized body that could speak for the youth; the Youth Commission
would provide a voice.
On the call of the question, the motion carried by unanimous voice
vote - 5.
( *07- ) Ordinance No. 2969, "Authorizing the City Manager to
Execute a Lease of Vacant Properties at 2300 Alameda Avenue, 2304
Alameda Avenue, and 1224 Oak Street with Thompson Properties
(Lessor) for a City Parking Lot." Finally passed.
( *07- ) Ordinance No. 2970, "Amending the Community Improvement
Plan for the West End Community Improvement Project to Extend
Certain Plan Time Limitations by Two Years Pursuant to Senate Bill
1096." Finally passed.
REGULAR AGENDA ITEMS
(07- ) Resolution No. 14142, "Supporting a Diplomatic Approach
to Ending the Iraq War and Bringing Our Troops Home." Adopted.
Councilmember Matarrese stated that the resolution was discussed on
July 3, 2007; tonight's resolution includes additional wording at
the advice of Mayor Johnson and Vice Mayor Tam.
Mayor Johnson opened the public portion of the meeting.
Proponents (In favor of resolution) : Carl Halpern, Alameda Pease
Network; Karen Green, Alameda; Michael John Torrey, Alameda; Pat
Flores, Alameda; Noel Folsom, Alameda; Fern Kruger, Alameda Pease
Network; Paul Owens, Alameda; Mary Abu -Saba, Alameda Pease Network;
Dorothy Kakumoto, Alameda; Gretchen Lipow, Alameda; Ana Rojas,
Alameda; Bonnie Bone, Alameda; Debra Arbuckle, Alameda; Susan
Sperry, Code Pink; Scott Corkins, Alameda; Paula Rainey, Alameda;
Allen Michaan, Alameda; Susan Battaglia, Alameda.
Opponents (Not in favor or resolution) : Ed Abbey, Alameda, Richard
W. Rutter, Alameda; Robert Wood, Alameda.
There being no further speakers, Mayor Johnson closed the public
portion of the meeting.
Regular Meeting
Alameda City Council
August 21, 2007
7
Vice Mayor Tam stated that she supports the resolution; the Council
has a responsibility to speak on behalf of the community; Alameda
should add its voice to the chorus of the nation by asking federal
leaders to bring back federal dollars being spent on the war, bring
back precious resources in Iraq, and provide the best possible care
to veterans upon their return.
Vice Mayor Tam moved adoption of the resolution.
Councilmember Matarrese seconded the motion.
Under discussion, Councilmember Matarrese stated that the
resolution does not just address the situation with the National
Guard leaving the City vulnerable in case of a disaster; the
resolution also addresses the issue of the economic hardship that
the entire country will face as the bill comes due; federal funds
are tax dollars; the war is the wrong war at the wrong time; the
war is costing Alameda directly; he does not want to look back in
ten to twenty years and say that Alameda sat and did nothing; he
has heard that Alameda will become a City like Berkeley; Council
passed a resolution in 2003 to urge a diplomatic approach to
resolving the issue in Iraq before the country went to war; Alameda
did not turn into Berkeley; the resolution would carry more weight
than Berkeley with the congressional delegation; read a portion of
the resolution.
Councilmember deHaan stated that the first year of the Iraq War had
the feeling of the Vietnam War; the voters made a loud statement to
elected officials last year; Congress has changed; critical parts
have been added to the current resolution; Vietnam War veterans
were treated tragically; Alameda could have an opportunity to
provide former Coast Guard housing to returning veterans and their
families; he hopes the Hospital Board and Board of Education step
forward; withdrawal has a draw down period which takes a while;
steps need to be taken to move forward.
Mayor Johnson stated that now is the time for Alameda to weigh in
on the issue; the soldiers are from Alameda's community; the money
comes from Alameda taxpayers for the war; Alameda has a
responsibility to express its position on the war; the resolution
is very well stated; government needs to step up and support the
troops and returning veterans; she supports the resolution.
Councilmember Gilmore stated that the war affects Alameda; one of
the country's proudest traditions is the right to speak out against
what government is doing from a grassroots position; supporting the
Regular Meeting
Alameda City Council
August 21, 2007
8
resolution will send a message to people in power that it is time
to change the course.
On the call of the question, the motion carried by unanimous voice
vote -- 5.
(07- ) Public Hearing to consider an Appeal of a Planning Board
denial of Use Permit UPO6 -0010 to extend the hours of operation for
fuel sales at the Alameda Valero Gas Station located at 1310
Central Avenue within the R -4 Neighborhood Residential Zoning
District. Appellant: L. Zektser and N. Saidian.
The Planner III gave a brief presentation.
Councilmember Gilmore stated the Use Permit was for the auto
repair; inquired whether the need for the Use Permit would go away
if the auto repair goes away.
The Planning Services Manager responded the Use Permit was for auto
repair and restrictions on hours of operation.
Mayor Johnson opened the public portion of the hearing.
Proponents (In favor or Appeal): Del Blaylock, Alameda; Albert
Vierra, San Leandro; Hadi Monsef, Alameda; Susan Battaglia,
Alameda; Charles Dempsy, Alameda; Karen Green, Alameda; Leslie
Fishbach, Alameda; David Bringman, Pastor of Trinity Lutheran
Church; Martin Collins, Trinity Lutheran Church; Eric Scheuermann,
Alameda; Joseph Zadick, Appellent (submitted handout); Allen
Michaan, Alameda.
Opponents (Not in favor of appeal): Philip Gravem, Alameda; Tim
Underwood, Alameda; Gordon Newell, Alameda; Patricia Kinzel,
Alameda; Mariusz Krubnik, Alameda; Donna Gravem, Alameda; Dorota
Krubnik, Alameda.
There being no further speakers, Mayor Johnson closed the public
portion of the hearing.
Mayor Johnson requested that staff review the timing of the signals
at the intersection; stated the requested hours are reasonable; the
owners are offering to close the repair shop on Saturdays; the
trade is reasonable; parking is made available to people on
Sundays; the gas station has a service component which was lost
with the closing of the Weber Chevron gas station on Otis Drive.
Councilmember Gilmore stated that she recalls a discussion
Regular Meeting
Alameda City Council
August 21, 2007
9
regarding Public Works and CalTrans working together with Franklin
School on a Safe Routes to School; inquired whether said issue
affects the intersection.
The Community Development Program Manager responded the
intersection upgrade is at Paru Street and Encinal Avenue near
Jay's Coffee Shop.
Vice Mayor Tam stated that the Planning Board denied the extension
of hours because the additional hours would increase by 38%;
inquired whether Council has the discretion to decide how many
hours are too much.
The City Attorney responded the question of whether a use is
expanded is a factual question first; a non - conforming use cannot
be expanded once a factual determination has been reached that
there is an expansion of use.
Mayor Johnson stated that the question is whether a change is an
expansion of use; there is a balance if the owners close the auto
repair in exchange for additional gas station hours.
The City Attorney stated the request can be granted if a factual
determination is made that there is no net increase or net
expansion; the Municipal Code states that non - conforming uses
cannot be expanded.
Councilmember Matarrese stated that a mini mart or increased square
footage would be an expansion; inquired whether the Municipal Code
distinguishes between expansion and intensification of an existing
use within a Use Permit.
The City Attorney responded there is no express distinction in the
Municipal Code; stated a mini mart or increased square footage
would be prohibited; the Planning Board made a factual
determination that the additional hours would result in an increase
in use.
Councilmember Matarrese stated a new condition is the Applicant's
intent to reduce the sale of diesel.
Councilmember Gilmore stated in 1974 the property was rezoned to R-
4; the gas station operated as a gas station with no restrictions
on hours; the owners wanted to do repair services in 1992; a Use
Permit was required; inquired why the Appellants would still need a
Use Permit if the auto repair is removed.
Regular Meeting
Alameda City Council
August 21, 2007
10
The Planning Services Manager responded unlimited hours of
operation is an expansion of use.
Councilmember deHaan stated that auto repair is a different use.
Councilmember Gilmore stated that restrictions were enacted [or put
in place] because the auto repair service was considered to be
noisier and more intensive.
Councilmember deHaan stated that equations have changed drastically
with gas stations; additional hours would be beneficial to the
business; the gas station has grown.
Councilmember Matarrese inquired whether the gas station had no
repair service between 1974 and 1992.
The Planning Services Manager responded he did not know.
Councilmember Matarrese stated business conditions have changed; he
would be concerned if the gas station closed; inquired whether
diesel sales would be eliminated; further inquired how many diesel
pumps are at the station.
Mayor Johnson stated the Appellants would not have been given a Use
Permit if the gas station was not a permitted use in R -4.
The Planning Services Manager stated all gas stations in Alameda
have Use Permits.
In response to Councilmember Matarrese inquiry, the Appellant
responded the gas station has four diesel pumps; stated all four
pumps would be eliminated.
Councilmember deHaan inquired whether the diesel pumps have been a
major volume of the gas station's business, to which the Appellant
responded the diesel pumps provide approximately 20% of the
business.
Councilmember deHaan inquired how often trucks come in to fill the
diesel pumps.
The Appellant responded the same trucks fill the pumps for gas and
diesel.
Councilmember deHaan inquired what is the likelihood of the gas
station becoming a discount gas station.
Regular Meeting
Alameda City Council
August 21, 2007
11
The Appellant responded the gas station is already a discount
station because gas prices are less.
Councilmember deHaan inquired whether volume is important, to which
the Appellant responded in the affirmative.
Councilmember Gilmore stated that Use Permits run with the land,
not the operator; the current owners took over the gas station and
asked for an extension of hours when she was on the Planning Board;
the previous owner caused a lot of problems for the neighborhood;
the Use Permit was denied because the Planning Board thought that
the current owners had not proven themselves yet; the owners
requested an extension of hours three years later; the neighborhood
complained; the current owners have established a good record for
keeping the place clean and controlling noise; the Planning Board
voted to extend the hours and were overturned on appeal by the City
Council; she has a lot of sympathy for the owners; the owners could
decide to sell the business; she might be more sympathetic to
extend the hours if there was a review period.
Councilmember Matarrese inquired whether Council could grant the
additional hours with a condition that the Use Permit could be
revoked if there was abuse.
The City Attorney responded some unwanted burdens could be drafted
into the conditions; stated a trail period could be established.
Mayor Johnson stated that she likes Councilmember Matarrese's
suggestion [revoking the Use Permit if abused occurs].
Councilmember Gilmore stated the current owners have been under a
trial period; neighborhood impacts of extending the hours are
unknown; the matter should be reviewed after a period of time.
Councilmember Matarrese stated Council could require a review in
six months and also provide a clause that would allow Council to
have the ability to revoke the Use Permit if abuse occurs.
Councilmember deHaan inquired what is the condition of the
intersection.
The Planning Services Manager responded he does not know the Level
of Service; stated the intersection is not critical.
Councilmember deHaan stated the intersection is very accident
prone.
Regular Meeting
Alameda City Council
August 21, 2007
12
The Planning Services Manager stated problems at the intersection
are not due to congestion.
Councilmember deHaan stated that he would like to have the Public
Works Department and transportation specialists review the issue;
additional hours might create an impact at the intersection and
should be reviewed.
Councilmember Gilmore stated the owners are proposing to eliminate
four diesel pumps and auto repair service hours on Saturdays; a
six -month review is needed in addition to reviewing the traffic
impact at the intersection; the Use Permit should include language
regarding revocation upon abuse of conditions.
Councilmember deHaan stated that latitude is needed if owners
change; he would be very concerned if ownership changed to a
company owned gas station that was dedicated to high volume.
Councilmember Gilmore stated traffic impacts should also be
included.
Mayor Johnson stated that traffic impacts could be covered in the
condition for revocation; the site is not large enough to
accommodate a lot of pumps.
Councilmember Matarrese moved approval of granting the extension of
hours with the condition that there will be a six -month evaluation
period to address traffic and operational impacts and that Council
has the ability to revoke the Use Permit if conditions are abused
or neighborhood deterioration occurs, regardless of the owner.
Councilmember deHaan seconded the motion.
Under discussion, Councilmember deHaan stated the goal to get back
to residential zoning is important.
The City Attorney stated a resolution would be drafted that
reflects Council's action tonight; said resolution would be brought
back to Council as a consent item.
Councilmember Matarrese requested that the resolution include
language that the removal of four diesel pumps constitutes a
different condition than what the Planning Board evaluated.
Councilmember deHaan stated the resolution should contain language
noting that the repair activity is light.
Regular Meeting
Alameda City Council
August 21, 2007
13
Councilmember Matarrese stated the resolution should have a
revocation clause that states that the Use Permit can be revoked if
there is abuse or deterioration.
On the call for the question, the motion carried by unanimous voice
vote - 5.
Councilmember Matarrese stated the issue will not go away as long
as there is a gas station with a non - conforming use in a
residential zone, which is the burden of having neighborhood
commercial districts.
Mayor Johnson stated that Council would not allow a gas station to
be developed if the site was empty; Alameda is an old City that
needs to deal with adjacent residential and business areas.
(07- ) Introduction of Ordinance Amending the Alameda Municipal
Code by Amending Various Sections of Chapter II (Administration),
to Address the Transportation Commission's Purpose and Authority,
Repealing and Amending Various Sections of Chapter VIII (Traffic,
Motor Vehicles and Alternative Transportation Modes), and Chapter
XII (Designated Parking) to Reassign the Powers and Duties of the
"Technical Transportation Team" to the Public Works Director and
the Chief of Police, and Also Designate the Transportation
Commission as the Initial Hearing Body for the Administration of
Operational Issues Associated with All City Transportation.
Continued to October 2, 2007.
(07- ) Recommendation to authorize government delegation to
Wuxi, China to attend Sister City forum and designate the Mayor or
other members of the City Council to lead the delegation.
The Community Development Program Manager gave a brief
presentation.
Cynthia Wasko, Social Services Human Relations Board [SSHRB]
President, provided the itinerary and information regarding the
process for attending the trip.
Stewart Chen, SSHRB Sister City Work Group Chair, stated the trip
would provide a good opportunity to showcase Alameda.
Susan Battaglia, Alameda, inquired whether the City would be paying
for the trip, to which Mayor Johnson responded in the negative.
Mayor Johnson stated Alameda has sister cities in Sweden and Japan
and a Friendship City in El Salvador.
Regular Meeting
Alameda City Council
August 21, 2007
14
Councilmember deHaan inquired what other delegations would be
participating, to which Mr. Chen responded he would provide a list.
The Community Development Program Manager stated the recommendation
is to accept the invitation and allow the SSHRB to determine the
official delegation and permit the SSHRB to finalize the trip
details.
Councilmember Matarrese moved approval of accepting the invitation
and authorizing the SSHRB to determine the delegation.
Vice Mayor Tam seconded the motion.
Under discussion, Vice Mayor Tam inquired whether Council needs to
accept the invitation because the cost of the trip would not be
subject to disclosure under the Fair Political Practices Commission
[FPPC] .
The City Attorney responded in the affirmative; stated some of the
trip related costs are being funded by the Wuxi government;
attendees would not need to claim the trip costs on the Form 700 as
long as Council takes an official action to accept the invitation
and takes some action to identify who would attend.
on the call for the question, the motion carried by unanimous voice
vote - 5.
ORAL COMMUNICATIONS, NON- AGENDA
None.
COUNCIL COMMUNICATIONS
(07- ) Councilmember deHaan stated that more than 800 units are
being built at the Gateway Project on the Oakland side of the
estuary near the Park Street corridor; most of Alameda's
intersections are at F condition during peak hours; said build out
needs to be addressed.
(07- ) Mayor Johnson stated that Vice Mayor Tam requested a
Charter review at the last Council meeting; requested that a
Council sub - committee be formed and appointments be brought back
for consideration at the next Council meeting.
Councilmember Matarrese stated that a Charter review is most
appropriately directed to the City Attorney; suggested that said
matter be assigned to the City Attorney and City Clerk.
Regular Meeting
Alameda City Council
August 21, 2007
15
Vice Mayor Tam stated that she requested staff to come back with
guidelines and parameters for forming a Charter Review Committee.
The City Attorney stated a memo is being drafted and could be
provided as a staff report for the next agenda.
(07- ) Councilmember Matarrese requested clarification on the
Strategic Planning and Prioritization Project; stated he is unclear
on the consultant's scope of work and cost; requested a report from
the City Manager; Council should review and discuss the report
before the first workshop, which is tentatively scheduled for
September 11; he would like the matter placed on the September 4
Council meeting agenda.
The City Manager stated the matter would be placed on the Council
agenda prior to the workshop.
(07- ) Councilmember Matarrese stated that he attended a State
Senate Committee hearing on water transportation; the Ferry
Services Manager also attended; handouts were provided; the Ferry
Services Manager will be providing a report to Council on
deliberations of the meeting; the ferries would not be damaged by a
big earthquake; he would like to revisit the discussion held a year
ago regarding funds that are accessible to the Water Transportation
Authority, but not the City.
The City Manager stated staff is in the process of providing a
report on the matter.
ADJOURNMENT
(07- ) There being no further business, Mayor Johnson adjourned
the Regular Meeting at 11:43 p.m. in a moment of silence for Vice
Mayor Tam's father, Thay Tam.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Regular Meeting
Alameda City Council
August 21, 2007
16
UNAPPROVED
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
MONDAY - - - AUGUST 27, 2007 - - - 6:00 p.m.
Mayor Johnson convened the Special Meeting at 6:30 p.m.
ROLL CALL - Present: Councilmembers deHaan, Gilmore, Matarrese,
Tam, and Mayor Johnson - 5.
Absent: None.
The Special Meeting was adjourned to Closed Session to consider:
(07- ) Conference with Legal Counsel - Existing Litigation
(54953.9: Name of Case: Harbor Bay Isle Associates v. City of
Alameda.
(07- ) Conference with Legal Counsel - Anticipated Litigation;
Significant exposure to litigation pursuant to Subdivision (b) of
Section 54956.9;Number of cases: One.
Following the Closed Session, the Special Meeting was reconvened
and Mayor Johnson announced that regarding Existing Litigation,
Council provided negotiating parameters to Legal Counsel; regarding
Anticipated Litigation, Council received a briefing from Legal
Counsel on a potential matter of litigation.
There being no further business, Mayor Johnson adjourned the
Special Meeting at 9:30 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Special Meeting
Alameda City Council
August 27, 2007
August 30, 2007
Honorable Mayor and Councilmembers:
This is to certify that the claims listed on the check register and shown below have been
approved by the proper officials and, in my opinion, represent fair and just charges against the
City in accordance with their respective amounts as indicated thereon.
Check Numbers
201 097 - 201 370
EFT 395
EFT 396
EFT 398
EFT 399
EFT 400
EFT 401
EFT 403
EFT 404
EFT 405
Void Checks:
Amount
$2,212,125.48
$4,090,345.47
$11,244.50
$49,604.31
$5,181.53
$34,546.32
$96,489.33
$999,251.93
$87,011.05
$239,717.78
200291 ($183.00)
200343 ($258.00)
161039 ($345.60)
161010 ($432.00)
GRAND TOTAL
Respectfully submitted,
Pamela J. Sible
Council Warrants 09/04/07
$7,824,299.10
BILLS #4 -B
9/4/2007
CITY OF ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: September 4, 2007
Re: Accept the Quarterly Sales Tax Report for the Period Ending March 31,
2007
BACKGROUND
This report relates to the sales tax transactions during January through March 31 2007.
g ,
These tax transactions are the basis for sales tax revenues received during the g April
p
through June 30, 2007, time period. These transactions and resulting revenues
occurred within the context of a state economy that continues to grow at a slow pace.
Growth statewide slowed to 1.9% measured for the year ending March 31, 2007, as
g f ,
compared to 2.2% for the same period one year ago.
DISCUSSION
Taxable sales transactions in the City of Alameda for the period endin g March 31 2007,
increased 13.8 percent, or $169,537, from the same quarter of the ear
riot year. The key
y y
gains were in new auto sales (80.5 percent, or $121,071) and office (16.3 ment e ui qp
percent, or $11,547 ). The key declines came from business services -46.5 percent, or
$6,851) and light industry ( -7.1 percent, or $4,314 ).
The top 25 businesses represent 49 percent, or $684,899 of the q uarter's sales
transactions. The top 100 businesses represent 75 percent ($1,048,315 ) of the
quarter's sales transactions.
A comparison of the key economic categories follows:
City Council
Agenda Item #4 -C
09 -04 -07
Honorable Mayor and
Members of the City Council
Percent
Change
Total Sales Transactions
Economic Category
1st Quarter 2007
Total
Percent
of Total
September 4, 2007
Page 2 of 3
1st Quarter 2006
Total
Percent
of Total
39.4%
2.3%
4.7%
2.6%
8.8%
- 23.3%
13.8%
Transportation
Food Products
Business -to- Business
General Retail
Construction
Miscellaneous
Total - Quarter
$502,665
$323,456
$257,993
$237,869
$67,529
$8,240
$1,397 753
36.0%
23.1%
18.5%
17.0%
4.8%
0.6%
100.0%
$360,714
$316,293
$246,446
$231,950
$62,071
$10,742
$1,228,216
29.4%
25.8%
20.1%
18.9%
5.1%
0.9%
100.0%
Transportation reflects an increase in the sub - category Auto Sales -New of 80.5% or
$121,071. This increase is primarily due to the inclusion of an additional auto
dealership during the quarter. Other increases were at Service Stations, 13% or
$13,391, and Yachts, 14.6% or $10,057. There was a decline in Auto Sales -Used of
27.6% or $2,693. The increase in Food Products came from Food Markets, 8.1% or
$7,684, with Restaurants flat but holding last quarter's gains. Business -to- Business
reflects gains in Office Equipment, 16.3% or $16,974, and Chemical Products, 23.2% or
$5,287, partially offset by declines in Business Services, 46.6% or $6,851 , and Li ht
o Light
7.1% or $4,314. General Retail was also mixed, with gains in Miscellaneous
Retail, 12.9% or $9,386, and Drug Stores, 5.4% or $2,877. Declines were registered by
y
Apparel Stores, 16.5% or $4,077, and Furniture /Appliance, 20.0% or $3,303.
Construction gains of $5,459 came from Building Materials, with Wholesale posting
g
13.5% or $3,444, and Retail 5.5% or $2,015. A calendar year historical perspective on
category trends is provided as Attachment A.
A comparison of the geographic generation of sales tax for the first quarter of 2007 as
compared to the same period in 2006 follows.
Percent
Change
48.9%
-2.1%
-3.1%
5.6%
-5.8%
8.4%
13.8%
Total Sales Transactions
Geographic Areas
Park - North of Lincoln
Park - South of Lincoln
Alameda Towne Centre
Webster - North of Lincoln
Webster - South of Lincoln
All Other Areas
Total - Quarter
1st Quarter
2007 Total
$411,900
$149,199
$193, 353
$82,040
$27,866
$533,395
$1,397,753
Percent of
Total
29.5%
10.7%
13.8%
5.9%
2.0%
38.2%
100.0%
1st Quarter
2006 Total
$276,677
$152,456
$199,539
$77,687
$29,597
$492,260
$1,228,216
Percent
of Total
22.5%
12.4%
16.2%
6.3%
2.4%
40.1%
100.0%
Honorable Mayor and September 4, 2007
Members of the City Council Page 3 of 3
It is important to note that Alameda Towne Centre has had ongoing major construction
work in progress in both of the comparison quarters above.
BUDGET CONSIDERATION /FINANCIAL IMPACT
The final sales tax revenues appear to be under the year -end forecast by $293,272,
which represents 6 percent of the total. Staff will continue to monitor this revenue
closely in Fiscal Year 2007-2008.
RECOMMENDATION
Accept the Quarterly Sales Tax Report for the period ending March 31, 2007.
Respectfully submitted,
e -Ann Boyer
Chief Financial Officer
by: ' Annette Brisco
JB /dI
Financial Analyst
Attachment A: Alameda Sales Tax Transactions: Ten -Year History
cc: Rob Ratto, PSBA
Kathy Moehring, WABA
Patty Jacobs, GABA
Melody Marr, Alameda Chamber of Commerce
2006 Sales Tax
T RANSPO R•
TATION
29%
Alameda Sales Tax Transactions: Ten -Year History
OTHER
6%
BUSINESS
TO
BUSINESS
20%
GENERAL
RETAIL
20%
FOOD
PRODUCTS
25%
• Rising to a peak of $6.6 million in 1999 from $6.3
million in 1997, then declining to a low of $5.1
million by 2002, sales tax trends reflect mild growth
recovery at $5.4 million by year -end 2006.
• Ranging $1.5 million from high to low, with the
largest one -year drop of $0.631 million in 2002, the
net cumulative decline in sales tax experienced by
the City of Alameda over the 10 -year period is
$908,212, or an average decline in sales taxes of
1.4% per year. A changing mix of businesses
within the City as well as industry and economic
trends account for the remaining variances.
• Business -to- business dropped significantly as a
percent of Alameda's total after 1999 following the
loss of several businesses in this category. In
1997 businesses in this category contributed 44%
of total sales tax, while in 2006 the contribution
was 20 %.
History of Sales Tax by Economic Category
$Millions
• Transportation became the heftiest category from 2001 due to shifts in other categories, contributing 20% in
1997 and growing to 29% of total sales tax in 2006.
• Food products and Other steadily increased over the period. Food rose from 15% to 25% of total Alameda
City Council
Attachment to
Agenda Item #4 -C
09 -04 -07
sales tax, and Other from 3% to 6 %.
$7
$6
$5
$4
$3
$2
$1
$0
.M1
FOOD
PRODUCTS
TOTALS
OTHER
TRANSPORTA
TION
GENERAL
RETAIL
BUSINESS TO
BUSINESS
m 2006
$5.400
$0.313
$1.579
$1.076
$1.334
$1.098
® 2005
$5.417
$0.283
$1.589
$1.109
$1.239
$1.196
t 2004
$5.279
$0.269 4
$1.560
$1.164
$1 .195
$1.092
0 2003
$5.255
$0.288
$1.549
$1.322
$1 .193
$0.903
IC 2002
$5.116
$0.233
$1.535
$1.220
$1.132
$0.995
ID 2001
$5.747
$0.240
$1.630
$1.356
$1.136
$1.384
0 2000
$6.352
$0.222
$1.644
$1.511
$1.083
$1.893
Iii 1999
$6.623
$0.197
$1 .437
$1.298
$0.979
$2.712
. 1998
$6.298
$0.190
$1.325
$1.194
$0.946
$2.643
® 1997
$6.309
$0.189
$1.253
$1 .151
$0.917
$2.799
• Transportation became the heftiest category from 2001 due to shifts in other categories, contributing 20% in
1997 and growing to 29% of total sales tax in 2006.
• Food products and Other steadily increased over the period. Food rose from 15% to 25% of total Alameda
City Council
Attachment to
Agenda Item #4 -C
09 -04 -07
sales tax, and Other from 3% to 6 %.
$7
$6
$5
$4
$3
$2
$1
$0
• General Retail grew as a percent of total sales tax from 18% in 1997 to 20% in 2006, but has not fully
recovered in dollar terms over the period and is likely constrained in recent years due to construction and
development at Bridgeside and Alameda Town Center and other business area improvements.
Graph data source: MuniServices LLP.
Economic Category Definitions:
Transportation: Auto Sales - new and used, Auto parts /repair, Service Stations, Yacht Sales
Food Products: Restaurants, Food Markets, Liquor Stores, Food Processing Equipment
General Retail: Apparel stores, Department stores, Furniture /Appliance, Drug Stores, Recreation
Products, Florist/Nursery, Misc Retail
Business to Business: Office Equipment; Electronic Equipment; Business Services; Energy Sales;
Other: a) Construction: Building Materials --- Wholesale and Retail
b) Miscellaneous: Health & Government, Misc. Other, Adjustments
CITY OF ALAMEDA
MEMORANDUM
To: Honorable Mayor and
Councilmembers
From: Teresa L. Highsmith
City Attorney
Date: September 4, 2007
Re:
Approve Amendment to Consultant Agreement with Sally Swanson
Architects, Inc. to Increase the Contract Amount by $5,000 for the Update of
the City's Americans with Disabilities Act Transition Plan and Self Evaluation
BACKGROUND
On April 17, 2007, Council awarded a $125,000 contract to Sally Swanson Architects
(SSA), as the consultant with expertise in Americans with Disabilities Act (ADA)
compliance. The Council assigned this project to the City Attorney's Office, Risk
Management Division, during the budget process of fiscal year 2006/2007.
Title II mandates that every public entity must periodically re- evaluate its current services,
policies and practices to determine whether they are in compliance with non - discrimination
regulations of the ADA. An updated self - evaluation and transition plan is required and
intended to examine programs, activities and services, identify problems or physical
barriers that may limit accessibility by the disabled and describe potential compliance
solutions.
DISCUSSION
A contract with Sally Swanson Architects (SSA) was entered into on April 18, 2007, for
$125,000 for consultant services to assist with the update of the City's ADA, Title II
Program, Transition Plan and Self - Evaluation project. Field survey work is nearing
completion, database is formatted, data entry is started, and department program
evaluation is in progress. An integral part of the project is facility and building plans
provided by the City to the SSA so survey results can be located on a plan for disabled
access physical barriers. Currently plans are not available for all buildings and facilities. In
order to complete the evaluation, SSA will measure and document buildings for which no
plans were available and create graphic documentation drawings sufficient to afford
locating disabled access barriers identified in the survey report, for a small additional fee.
This will enable the consultant and staff to complete the physical access survey fieldwork.
This constitutes additional work and requires a contract amendment to the Scope of Work
and the compensation. The cost of this additional work will not exceed $5,000, for a total
contract price of $130,000. A copy of the contract is on file in the City Clerk's office.
City Council
Agenda Item #4 -D
09 -04 -07
Honorable Mayor and September 4, 2007
Councilmembers
BUDGET CONSIDERATION /FINANCIAL IMPACT
Page 2
There is no impact to the General Fund. The funding for this project has been previously
appropriated and sufficient funding remains in the project budget to complete this project.
RECOMMENDATION
Approve the Amendment to the Sally Swanson Architects contract to increase the contract
amount by $5,000.
Respectfully submitted,
Teresa L. Highs
City Attorney
B
Lucretia Akil
ADA Coordinator
TH/DH/LA
CADocuments and Setting §catt_usr\My Documents\ Wpdocs\ MISC \SSA_Rpt_Amend.AgrmntFINAL.doc
CITY OF ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: September 4, 2007
Re: Adopt a Resolution Approving Use Permit UPO6 -0010 to Extend the Hours of
Operation for Fuel Sales at the Alameda Valero Gas Station Located at 1310
Central Avenue
BACKGROUND
On August 21, 2007, the City Council unanimously approved Use Permit UPO6 -0010 for
Alameda Valero Gas located at 1310 Central Avenue. The Use Permit allows the limited
expansion of fuel service hours on weekdays; eliminates auto repair on weekends;
eliminates the sales of diesel fuel and related products; requires a six month review; and
establishes standards for permit revocation.
DISCUSSION
The attached resolution includes all the current conditions of approval that govern the use
and the following new or revised conditions:
• Condition #2 addresses the new hours of operation for fuel sales;
• Condition #3 addresses the sales of diesel fuel and related products;
• Condition #4 addresses the new hours of operation for auto repair services;
• Condition #16 addresses the six month review, and
• Condition #17 addresses the revocation procedure.
This Council resolution for Use Permit UPO6 -0010 will supersede and replace all previous
use permits for this subject property. Finally, the Public Works Department will
independently review the adequacy of the signal timing at the Central Avenue /Encinal
Avenue /Sherman Avenue intersection.
BUDGET CONSIDERATION /FINANCIAL IMPACT
No additional funding is necessary related to planning activities for this project.
City Council
Report Re:
Agenda Item #4 -E
09 -04-07
Honorable Mayor and September 4, 2007
Members of the City Council Page 2 of 2
MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE
Alameda Municipal Code §30 -21.3 Use Permits and §30 -20.4 Changes to and Restoration
of Non - conforming Buildings and Uses govern this proposal.
ENVIRONMENTAL REVIEW
No structural or physical alterations are proposed for this project. The project will not have
a significant effect on the environment and therefore is Categorically Exempt from
additional environmental evaluation pursuant to the California Environmental Quality Act
(CEQA) Guidelines, Section 15301- Existing Facilities.
RECOMMENDATION
Adopt the Resolution for Use Permit U PO6 -0010.
Respectfully submitted,
.01/
Cathy 'odbury
Planni �• & Buildin g Di � cto r
Clf
By: Douce Vu
Planner III
CITY OF ALAMEDA RESOLUTION NO.
APPROVING THE APPEAL OF NISSAN SAIDIAN & LEON ZEKTSER,
AND OVERTURNING THE PLANNING BOARD'S DENIAL OF USE
PERMIT UPO6 -OO1 o FOR 1310 CENTRAL AVENUE
WHEREAS, an application was made on May 24, 2006, by Nissan Saidian
& Leon Zektser of 1310 Central Avenue requesting a Use Permit, UPO6 -OO1 g, to
allow extending the hours of operation for gasoline sales to 7:00 am - 8:00 pm
Monday through Friday, and Saturdays 9:00 am - 4:00 pm in exchange for
eliminating auto repair on Saturday at the existing legal nonconforming service
station facility at 1310 Central Avenue; and
WHEREAS, the application was accepted as complete on July 5, 2006; and
WHEREAS, the subject property is designated Medium Density Residential
on the General Plan Diagram; and
WHEREAS, the subject property is located in an R -4 (Neighborhood
Residential) Zoning District; and
WHEREAS, the gas station use on the subject property is a legal
nonconforming use pursuant to Section 30 -20 of the Alameda Municipal Code;
and
WHEREAS, the Board scheduled a public hearing on this application on
August 14, 2006; and
WHERAS, the applicant requested the application be continued to a future
date; and
WHEREAS, the Board held a public hearing on this application on June 11,
2007 and examined pertinent maps, drawings, documents and denied the
application; and
WHEREAS, on June 20, 2007, Nissan Saidian & Leon Zektser fled a timely
appeal with the City requesting that the City Council conduct an appeal hearing;
and
WHEREAS, on August 21, 2007, the City Council held a public hearing and
examined pertinent maps, drawings and documents, as well as the record of the
Planning Board hearings; and
WHEREAS, the City Council considered the staff responses to the bases of
the applicants' appeal as set out in Attachment 1 to the staff report, which
Resolution # 4 -E CC
09 -04 -07
attachment is hereby incorporated by reference, and finds that there is merit in the
bases of appeal; and
WHEREAS, the City Council of the City of Alameda makes the following
findings with respect to the appellant's bases of appeal and relative to the Use
Permit application for extending the hours of operation for fuel sales at the
Alameda Gas Station property:
. The location of the proposed use is compatible with other land uses in the
area. The existing legal non - conforming service station use has been
established since the early 1920's. The site fronts onto two main arterial
streets and AC Transit bus routes are located in close proximity. The
conditions requiring the reduction of auto repair hours and the elimination
diesel fuel sales will ensure that the surrounding residential uses are not
impacted by the limited expansion of fuel service hours.
2. The proposed use will be served by adequate transportation and service
facilities. The project consists of an existing gas station. The site fronts
onto two main arterial streets and AC Transit bus routes are located in
close proximity.
3. The proposed use will not adversely affect other property in the vicinity.
The limited extension of fuel service hours in exchange for a reduction of
auto repair hours and the elimination diesel fuel sales will not result in
negative impacts on adjacent property. The additional fuel service hours
will increase the level of service from this use to the surrounding residents.
4. The proposed use relates favorably to the General Plan. The existing use
is the same or less intensive than the use legally established prior to the
existing zoning and General Plan land use designation. The proposed
modification in hours, reduction in auto repair service use, and elimination
of diesel fuel sales is consistent with General Plan Policy 2.4(h) "Control
nonresidential development on sites adjoining residential neighborhoods to
minimize nuisances."
NOW, THEREFORE, BE IT RESOLVED that the City Council finds that
since no structural or physical alterations are proposed for this project, the project
will not have a significant effect on the environment and therefore is Categorically
Exempt from additional environmental evaluation pursuant to the California
Environmental Quality Act Guidelines, Section 15301 - Existing Facilities.
BE IT FURTHER RESOLVED that the City Council approves the appeal
and overturns the Planning Board's denial of Use Permit, UPO6 -OO10 to extend the
hours of operation for fuel sales, subject to the following conditions:
1. This approval supersedes and replaces the conditions of the previous Use
Permit approval contained in the City of Alameda Planning Board
Resolution No. PB- 99 -60, and Use Permit UP- 99 -10.
2. The gas station fuel service is permitted to operate between the hours of
7:00 am — 8:00 pm, Monday through Friday, between 9:00 am -- 4:00 pm
on Saturday, and shall be closed Sunday.
3. The sale of diesel fuel and related diesel products shall be eliminated within
ten days after this Use Permit approval is granted.
4. The auto repair service is permitted to operate between the hours of 9:00
am --- 6:00 pm, Monday through Friday, and shall be closed Saturday and
Sunday.
5. The automobile repair service shall be limited to light duty repair including
tune -ups, brake work, electrical services, oil changes, and smog control
certification. Automotive overhauling, rebuilding, body work, and painting
are expressly prohibited.
6. All auto servicing work shall be conducted within the interior lube bays of
the structure.
7. No non - automotive goods shall be sold at the site. Particularly, there shall
be no sale of alcoholic beverages.
8. No cars shall be stored overnight, outside the building on the site, or on
adjacent streets at any time.
9. No vehicles shall be offered for sale on the property or on the streets
adjacent to the property.
10. All signs shall be in conformance with the Sign Regulations, Section 30 -6 of
the Alameda Municipal Code.
1 1. All graffiti on the property shall be removed, pursuant to Graffiti Abatement
Procedure, Section 4 -2.4 of the Alameda Municipal Code, within three
days.
12. The applicant shall keep the restroom door in good working condition.
13. The applicant shall continue to notify the gas suppliers, in a written request,
that they use a designated truck route and to not traverse on the smaller
residential streets surrounding the site. The business owner shall provide a
copy of the letter to the Planning & Building Department.
14. The fence that was erected at the rear of the property in conformance with
Section 30 -5.14 of the Alameda Municipal Code to provide a privacy screen
between the subject property and the common boundary residences shall
be properly maintained.
15. This Use Permit shall be subject to a review that shall be initiated six
months from the date the Use Permit approval is granted in order to assess
compliance with the conditions of approval, review any complaints received
regarding its use, and any police activity at the subject property during this
six month period. The cost of review shall be at the property owner's
expense. Review shall be initiated by the property owner providing a report
reviewing the conditions of approval and advising on the compliance and
the payment of a deposit for staff time and expenses to conduct the review.
The review, with staff evaluation, shall be presented to the Planning !Board
at a noticed public meeting. Notice to be given in accordance with noticing
requirements for the hearing of a Use Permit.
16. This Use Permit shall expire one year from the date of approval by the City
Council, unless it is vested prior to that date or, prior to the Use Permit
expiration, an extension is applied for by the applicant and granted by the
Planning Board. Vesting shall consist of operation of a gas station or auto
repair service on or after September 4, 2008. Failure to vest will extinguish
the legal nonconforming use.
17. This Use Permit may be modified or revoked by the Planning Board,
pursuant to Alameda Municipal Code Section 30- 21.3(d) should the Board
determine that: 1) the use or conditions under which it is being operated or
maintained is detrimental to the public health, welfare, or materially
injurious to property or improvements in the vicinity; 2) the property is
operated or maintained so as to constitute a public nuisance; or 3) the use
is operated in violation of the conditions of the Use Permit.
18. The City of Alameda requires that the applicant, or its successors in
interest, defend, indemnify, and hold harmless the City of Alameda or its
agents, officers, and employees from any claim, action, or proceeding
against the City or its agents, officers, and employees to attack, set aside,
void, or annul, an approval of the City concerning this Use Permit approval,
which action is brought within the time period provided for in Government
Code Section 66499.37. The City of Alameda shall promptly notify the
applicant of any claim, action, or proceeding, or if the City fails to cooperate
fully in the defense, the applicant shall not hereafter be responsible to
defend, indemnify, or hold harmless the City.
19. The property owner agrees and shall acknowledge and accept in writing the
conditions of approval set out in the Resolution approving the Use Permit in
order for the Use Permit to be exercised, and shall acknowledge that all
previous Use Permits granted for this property are superseded upon the
vesting of this Use Permit and shall be of no further force and effect.
NOTICE. No judicial proceedings subject to review pursuant to California
Code of Civil Procedure Section 1094.5 may be prosecuted more than ninety (90)
days following the date of this decision plus extensions authorized by California
Code of Civil Procedure Section 1094.6.
1, the undersigned, hereby certify that the foregoing Resolution was duly
and regularly adopted and passed by the Council of the City of Alameda in a
regular meeting assembled on the 4th day of September, 2007, by the following
vote to wit:
AYES
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the
seal of said City this day of September, 2007.
Lara Weisiger, City Clerk
City of Alameda
I
Approved as to Form
CITY OF ALAMEDA ORDINANCE NO.
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY
ADDING SECTION 2 -19 (YOUTH ADVISORY COMMISSION)
TO ARTICLE II (BOARDS AND COMMISSIONS) OF
CHAPTER II (ADMINISTRATION),
ESTABLISHING A YOUTH ADVISORY COMMISSION AND PRESCRIBING
MEMBERSHIP AND DUTIES OF SAID COMMISSION
WHEREAS, the City is dedicated to the service of youth and values their
views regarding municipal services and community needs; and
WHEREAS, the City desires to foster a commitment among its youth to
civic involvement; and
WHEREAS, an advisory body consisting of young people would promote
both objectives.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Alameda that:
Section 1. The Alameda Municipal Code is hereby amended by
adding new Sections 2 -19.1 through 2 -19.6, inclusive, (Youth Advisory
Commission) of Article II (Boards and Commissions) of Chapter II
(Administration) to read as follows:
2 -19 YOUTH ADVISORY COMMISSION.
2 -19.1 Commission Created; Purpose.
There is hereby created a commission which shall be known as the
Youth Advisory Commission of the City of Alameda whose purpose shall be to
provide City policymakers with the unique perspective of the community's youth
on municipal issues and matters of concern to young people, to provide a forum
for discussion regarding how the City can better serve its youth, and to
encourage the participation of youth in local government.
2 -19.2 Membership; Appointment; Removal
a. The Commission shall consist of eleven (11) regular members, and
one (1) ex officio member who shall be the City Manager or his/her
designee and who shall not be entitled to vote at any meetings or
other proceedings.
b. The eleven (11) regular members shall, upon nomination of the
Mayor, be appointed by the City Council. The term of such members
Final Passage of Ordinance # 4 -F CC
09 -04 -07
shall be for (2) years and thereafter until the successor of such
member is appointed and qualified. A vacancy in the office of any
such member shall be filled for the unexpired term by appointment in
the manner hereinabove set forth.
c. A regular member may be removed by the affirmative vote of three
(3) members of the City Council.
2 -19.3 Qualifications
All members of the Commission shall, at the time of their appointment
and continuously during their incumbency, be residents of, or attend a school
within the City, and be at least the age of 14 at the time they take office and no
older than 20 at the time they complete their two year term of office or any
reappointment for additional service.
2 -19.4 Duties of Commission.
The Commission shall have the power and it shall be its duty to:
a. Advise the City Council on all matters pertaining to the programs,
activities, facilities and services of interest or concern to the Youth of
the City of Alameda.
b. Adopt rules for the proper conduct of its affairs.
c. Hold regular meetings for the transaction of its business six times a
year on a schedule provided for in its rules, and special meetings at
such other times as may be appropriate.
d. Prepare a report annually on the Commission's analysis of how well
the City of Alameda is meeting the needs of its youth and what can
be done by the City to better serve the interests of youth.
e. Select from its regular membership a Chairperson and a Vice
Chairperson, who shall serve in such office for a term of one (1) year
commencing October 1, and until their successors are selected and
qualified. The Director of Recreation and Parks shall serve as
Secretary to the Commission.
2 -19.5 Meeting.
All meetings of the Commission shall be open to the public and properly
noticed under the Brown Act.
2 -19.6 QuorumNoting
Six (6) members of the Commission shall constitute a quorum. The votes
of six (6) members of the Commission shall be necessary for any action thereof
Section 3. This Ordinance shall be in full force and effect from and
after the expiration of thirty (30) days from the date of its final passage.
Presiding Officer of the City Council
Attest:
Lara Weisiger, City Clerk
City of Alameda
I, the undersigned, hereby certify that the foregoing Ordinance was duly
and regularly adopted and passed by the Council of the City of Alameda in a
regular meeting assembled on the day of August, 2007 by the following
vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official
seal of said City this day of August, 2007.
Lara Weisiger, City Clerk
City of Alameda
CITY OF ALAMEDA
Memorandum
To: Honorable Mayor and
Councilmembers
From: Teresa L. Highsmith
City Attorney
Lara Weisiger
City Clerk
Date: September 4, 2007
Re: Report on Council- Initiated City Charter Amendment Process;
Creation of Council Sub - Committee or Ad -Hoc Committee to
Review Charter for Suggested Amendment of Charter Provisions
BACKGROUND
At the August 7, 2007 City Council Meeting Vice Mayor Tam requested
information on the process for a Charter amendment and the formation of a
Charter Review Committee to clean up language dating back to 1937 on the
Secret Police Fund, Council compensation, meeting schedules, and the role of
the Public Utilities Board. At the August 21, 2007, Mayor Johnson requested
Council consider forming a City Council sub- committee to address Charter
Review.
DISCUSSION
The City's Charter provides that elections in the City of Alameda are governed by
the California Elections Code. (Charter Section 19 -3). All municipal elections
shall be by either general or special election. General elections must be held
biennially on the date of and consolidated with the statewide general election in
each even - numbered year. All other elections shall be special municipal
elections, which may be called by ordinance or by resolution of the Council.
Elections in 2008 involving statewide matters will occur on February 5, June 3,
and November 4, according to the County Registrar of Voters.
Resolution to Place Charter Amendment on Ballot
The City Council may propose an amendment to the City Charter by enacting a
resolution to place a measure on the ballot. This procedure is consistent with
City Council
Agenda Item #5 -A
09 -04 -07
Honorable Mayor and
Councilmembers
September 4, 2007
Page 2
state election law. (Cal. Elec. Code Secs. 10201 and 12001.) The Council must
allot a period of at least 88 days between its resolution and the date of the
election.
Impartial Analysis of Ballot Measure
Upon direction from the City Council, the City Clerk transmits a copy of the ballot
measure to the City Attorney, who prepares an impartial analysis of the measure,
not exceeding 500 words in length, showing the effect of the measure on the
existing law and the operation of the measure, unless the measure involves the
office of the City Attorney. The analysis by the City Attorney must be either
printed on the ballot, the sample ballot, or be available for mailing to any voter at
his or her request at no charge.
Ballot Arguments (For and Against Measure)
When a measure is placed on the ballot by the City Council, then the Council or
any member or members of the Council authorized by the Council, any individual
voter eligible to vote on the measure, a bona fide association of citizens, or any
combination of voters and associations, may file a written argument, not
exceeding 300 words in length, for or against the measure. (Cal. Elec. Code Sec.
9282.)
Arguments for or against are customarily due 77 days before a general election.
Please note that if the Council chooses to hold a special election, in other words
not consolidated with any other election, for the Charter amendment(s), the
arguments are due 14 days after the city's election official calls the election.
Ballot arguments must be accompanied by the printed name and signature of the
person submitting it, or if submitted on behalf of an organization, the name of the
organization and the printed name and signature of at least one of its principal
officers. (No more than five (5) signatures shall appear with any argument. Any
ballot argument must also be accompanied by a statement that the argument is
true and correct.
if more than one argument for or more than one argument against any City
measure is submitted to the City Clerk within the time prescribed, the Clerk must
select one of the arguments in favor and one of the arguments against the
measure for printing and distribution to the voters based on the following priority:
(1) The City Council, or member or members of the City Council authorized by
that body; (2) The individual voter, or bona fide association of citizens, or
Honorable Mayor and
Councilmembers
September 4, 2007
Page 3
combination of voters and associations, who are bona fide sponsors or
proponents of the measure; (3) Bona fide associations of citizens; and (4)
Individual voters who are eligible to vote on the measure. (Cal. Elec. Code Sec.
9287.)
Rebuttal Arguments
A Council resolution proposing a Charter amendment must provide for rebuttal
arguments to be taken. (Elec. Code Sec. 9285). Then when any person submits
an argument against a city measure where an argument has been filed in favor
that argument must be given to the persons filing the argument in favor of the city
measure, who may submit a rebuttal argument not exceeding 250 words. The
elections official shall send copies of the argument in favor of the city measure to
the persons filing the argument against the city measure, who may submit a
rebuttal to the argument in favor of the city measure not exceeding 250 words.
Creation of a Charter Re vie w Committee
The creation of a committee to propose amendments does not alter the
applicable timelines. Formation of a committee would be the first step, and after
the committee's recommendations are forwarded to Council, a resolution may be
agendized to place desired amendments on the ballot. The Council may create a
Council sub - committee or an ad -hoc Charter Committee by motion. If the
Council wishes to seek ad-hoc committee applications, staff can advertise the
opportunity and members can be named at a subsequent Council meeting.
BUDGET CONSIDERATION /FINANCIAL IMPACT
Council or committee review of the Charter would involve some staff time and
have no impact on the general fund. Placing a measure on the ballot for a
general election, or holding a special election only for charter amendments,
would have a financial impact not yet quantified.
MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE
If charter amendments are subsequently proposed by Council and approved by
voters, there may be minor amendments to the Alameda Municipal Code that
would be necessary for legal consistency.
Honorable Mayor and
Councilmembers
September 4, 2007
Page 4
RECOMMENDATION
Create a sub - committee or ad -hoc committee for Charter Review by motion.
Respectfully subm'tted, --
Teresa L. Highsmith
City Attorney
(49 9/I-7
Lara Weisiger
City Clerk
CITY OF ALAM E DA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: September 4, 2007
Re: Report on City Priority - Setting Project
BACKGROUND
At the August 21, 2007 Council meeting, Councilmember Matarrese requested a report
on the City Priority - Setting Project. The report was to provide information on the
purpose, process, and cost of the project.
DISCUSSION
In 2006, the City Council adopted the City's Proposed Budget and Plan for Fiscal Years
2006-2007 and 2007 -2008. The budget identifies a number of areas of emphasis,
including maintaining the highest quality of public safety services, addressing new or
enhanced service areas, continuing to focus on improvements to the City's
infrastructure, adjusting the reserves, and defining and implementing improvements to
the City's internal operations and systems in order to enhance customer service. At the
same time, the budget also identifies a number of challenges, such as funding recurring
capital improvement projects to bring the City's infrastructure to "good condition" and
maintaining that condition; addressing unfunded capital improvement projects;
redeveloping Alameda Point; and recruiting and retaining a highly skilled workforce.
With limited revenue growth and increasing costs, those budget challenges continue.
In order to begin preparing for the next two -year budget cycle, and to ensure that the
City Council's priorities are incorporated into the development of that budget,
Management Partners has been hired to structure and facilitate a priority - setting
process. Management Partners is a professional management - consulting firm with
expertise in assisting government agencies in increasing their effectiveness by
identifying priorities, issues, and ways to improve operations. This priority - setting
process will provide an opportunity for the City Council to review the work plans of the
departments and confirm current priorities or identify new priorities for staff focus.
The priority - setting project began with an initial planning meeting, followed by individual
interviews with each member of the City Council to hear their suggestions about the
process. Following those interviews, the consultant and staff redesigned the process to
ensure that it would be meaningful for both the City Council and the City staff, who are
City Council
Agenda Item #7 -A
09 -04 -07
Honorable Mayor and September 4, 2007
Members of the City Council Page 2 of 2
responsible for implementing the Council's priorities. The revised scope of work, which
is based on the redesigned process and Councilmember feedback, is attached.
Summary of Process
On September 11, the consultant will facilitate a City Council and Executive
Management Team workshop. During this workshop, which will be open to the public,
staff will provide some context - setting information, and then the consultant will facilitate
a strengths, weaknesses, opportunities, and threats (SWOT) analysis. In addition, the
City Council will have an opportunity to review current work plans, identify other projects
for inclusion in the work plans, and identify their priority projects.
In November, after the staff has had an opportunity to respond to the City Council's
questions and gather any necessary data, the consultant will facilitate a second public
workshop with the City Council. At that workshop, which will be held during the evening
on a date still to be determined, the City Council will review and comment on a revised
draft that is based on the priorities identified at the September 11 workshop. The
consultant will also facilitate a discussion of options for the City Council to add to or
modify these priorities once they are identified. Following the workshop, staff will
finalize a prioritization plan that incorporates the City Council's comments and feedback
from the November workshop. The information in that plan will be incorporated into the
decision- making process for the next two -year budget.
BUDGET CONSIDERATION /FINANCIAL IMPACT
The cost of the contract with Management Partners for the priority - setting project is
$16,200 and is being funded out of the City Manager's office operations in the General
Fund.
MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE
This project does not affect the Municipal Code.
RECOMMENDATION
This report is provided for information only. No action is required.
Respectfully submitted,
L.zt (94R4netz-rt
Lisa Goldman
Deputy City Manager
Attachment: Management Partners scope of work
MANAGEMENT PARTNERS
I N C O R P O R A T E D
August 17, 2007
Ms. Debra Kurita
City Manager
City of Alameda
2263 Santa Clara Avenue
Alameda CA 94501
Dear Ms. Kurita:
Thank you for the opportunity to submit a revised proposal to assist the City of Alameda with
its priority setting needs. Based on the discussions we have had with you and your staff over
the past couple of weeks about the process and the interests expressed by Council members,
we have prepared this revised scope of work.
First, I'd like to provide some background information about our firm. Management Partners
is a professional consulting firm established in 1994 with the sole purpose of helping local
government leaders. City and county governments across the United States are served from
our offices in San Jose, California, and Cincinnati, Ohio. We have a staff of 40 professionals
with expertise in local government, including former city and county managers and technical
specialists in a variety of areas including human resources, finance, planning, information
technology, public safety and public works. In addition to providing quality training and
professional facilitation services for city and county staff and elected officials, Management
Partners' consultants provide expert assistance in the areas of performance management,
process improvement and organizational assessment. Our website provides more information
about our services, clients and team at www.managementpartners.com.
Proposed Project Approach
We understand that the City is interested in assistance facilitating and guiding a priority
setting process and that the City will be writing the document. Our role will be to provide
structure and advice during the entire process, conduct interviews with Council members,
facilitate workshops, and guide the preparation of the document. Throughout the
engagement, we will work collaboratively with the City of Alameda staff to ensure the
desired results are achieved. In our discussions, we discussed the following objectives for
this process:
• Priorities for the next 2 -3 years established by the Council
• A process for reporting progress on the plan
• A process for modifying the plan once adopted to address emerging issues
We are proposing a process that engages the City Council and the executive management
team in developing priorities. With limited resources and competing demands, it is important
City Council
Attachment to
Agenda Item #7 -A
09 -04 -07
2107 North First Street Suite 470 www.managementpartners.com
San Jose, CA 95131
Ms. Debra Kurita Page 2
City of Alameda
that priorities be established by the Council and that staff have a realistic work plan to
implement. The desired outcome of the process is a practical and implementable set of
priorities. The following activities provide the details of our proposed work plan.
Activity 1: Launch Project
Management Partners will begin with an initial planning session with the City's project team.
In that meeting we will review the process, objectives and timeline and the roles of the
parties. We will adjust the process and schedule as needed. We will also review background
materials about the City, such as the budget, objectives, and other items that will help us
learn about and understand the City of Alameda. Management Partners will advise City staff
about preparing an environmental scan, to be presented at the first workshop.
Activity 2: Conduct Council Interviews
We will conduct individual interviews with each Council member to hear their suggestions
about the process. After the interviews, we will meet with the City Manager and project team
to discuss the priority setting process further.
Activity 3: Facilitate Workshop with Council and Management Team
Management Partners will facilitate a workshop with the City Council and executive
management team. The information gained through the City Council interviews will be
important as we design the workshop, since we will understand the Council members'
interests and we can ensure that we build on them as we engage managers in the process. As
part of this workshop, an environmental scan prepared by staff will be presented so that key
factors affecting the City may be considered during goal setting. Additionally, as part of this
workshop, we will facilitate a SWOT analysis (strengths, weaknesses, opportunities, and
threats), which will add to the data presented by staff in the environmental scan.
Following the workshop we will provide a framework for the management team to use in
identifying important data needed about each of the strategies (e.g., whether the project is
underway now, whether resources are currently available or will be needed, who will take the
lead, and other information that will help the Council prioritize projects).
Activity 4: Facilitate Second Council Priority Setting Workshop
We will facilitate a follow-up workshop with the Council and executive management team.
At this workshop we will present the revised draft work plan created by staff, based on the
initial Council priorities identified in the first workshop. The material presented by staff will
inform the Council about resource needs and capacity to successfully implement the
Council's priorities.
Activity 5: Advise the City's Project Team on the Work Plan Document
Management Partners will review and provide advice and guidance to staff on preparation of
the City's document.
Ms. Debra Kurita Page 3
City of Alameda
Consultants
Jan Perkins, Partner, will manage this project and provide primary facilitation. Jan has 30
years of management experience in local government. Before joining Management Partners
she served in several California jurisdictions, including as city manager in Fremont and
Morgan Hill. She also served the cities of Santa Ana, California; Grand Rapids, Michigan;
and Adrian, Michigan. She provides assistance to government leaders in leadership
development, facilitation, coaching, priority setting, visioning and goal setting, community
engagement, teambuilding, organizational analysis, policy board /staff effectiveness, and
executive performance evaluation. Jan has authored a number of articles, including
"Successful Leadership," which appeared in the March 2005 issue of Public Management
Magazine, and "The Value of Going Back to the Basics," co- authored with former Fremont
Mayor Gus Morrison which appeared in the June 2005 issue of Western City Magazine.
Among her clients are the cities of Santa Ana, La Palma, Huntington Beach, Santa Cruz, San
Jose, Sunnyvale, Novato, Livermore, Garden Grove, Stanton, Gilroy, Rancho Cordova,
Vista, and Modesto, the counties of Orange and San Mateo, Orange County Cemetery
District, Contra Costa Transportation Authority, and the Alameda County Congestion
Management Agency.
Nancy Hetrick, Senior Management Advisor, has more than 10 years of local government
experience as a staff member and as a consultant. She was a performance measurement
expert for Management Partners from 1996 to 2001, when she was named principal
management analyst in the San Mateo County (California) Manager's Office. In October
2006, she returned to Management Partners. Nancy has excellent facilitation and training
skills. She has conducted performance measurement training for many jurisdictions, and has
assisted numerous cities and counties in California and Washington develop and implement
performance management systems. During her five years with San Mateo County, she
oversaw criminal justice assignments -- including budget development and oversight — and
was the performance management manager for county departments. In 2006, Nancy was
president of the Municipal Management Association of Northern California (MMANC).
Hours and Cost Proposal
It is anticipated that the scope of this work will require 62 hours of staff time to complete,
which is the minimum amount of time we will spend on the project. The total fee for the work
plan described above is $16,200 which includes all expenses.
References
Management Partners has conducted priority setting and goal setting for numerous public
agencies, including the following.
Ms. Debra Kurita Page 4
City of Alameda
City of Ceres, California
Management Partners assisted the City in preparing a strategic plan. It involved creating an
on -line survey for the management team to provide input, a one -day retreat with the City
council, developing a detailed implementation action plan, and drafting the strategic plan.
Client contact:
Mr. Brad Kilger, City Manager
City of Ceres
2720 Second Street
Ceres, CA 95307
209 -538 -5755
City of Stanton, California
Management Partners facilitated two projects: Goal setting and teambuilding for the City's
management team and goal setting for the City Council. The first workshop was a
combination of teambuilding for the management team, and developing goals and strategies
for discussion in the second workshop with the City Council. At the second workshop the
Council discussed Council protocols, Council /staff relationships, and priorities of the
strategies.
Client contact:
Mr. Jake Wager, City Manager
City of Stanton
7800 Katella Avenue
Stanton, CA 90680
714-379-9222
Orange County Cemetery District, California
Management Partners worked with the General Manager and Board of Trustees of this
special district to develop its first strategic plan. Major activities included researching data
for an environmental scan to identify important trends the district would face over the next
ten years, conducting customer and stakeholder surveys, and facilitating several sessions with
the Board to identify and prioritize goals and present strategies to achieve the goals. The final
activity resulted in an Implementation Action Plan that provides the details to accomplish the
Board's goals. A graphic recorder enhanced the process by providing illustrations of the
Board's decisions.
Client Contact:
Mr. Tim Deutsch, General Manager
Orange County Cemetery District
25751 Trabuco Road
Santa Ana, CA 92630
949 - 951 -9102
Ms. Debra Kurita
City of Alameda
Page 5
Conclusion
We are excited about the possibility of working with the City of Alameda on this important
project. If you have any questions, please feel free to call Jan Perkins at 949.202.8870 or me.
Accepted for the City of Alameda:
Name
Title
Date
Sincerely,
glfc xii---
Andrew Belknap
Regional Vice President
:)•
Justin Harrison
Reginald James
Anthony Lewis
Linda Marcello
Cathy Nielsen
Jim Price
Carole Souza
Henry Villareal
Michael Williams
CURRENT APPLICATIONS
SOCIAL SERVICE HUMAN RELATIONS BOARD
ONE VACANCY
(PARTIAL TERM EXPIRING JUNE 30, 2008)
Council Communication #7 -B
09 -04 -07