2007-09-04 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- - SEPTEMBER 4, 2007- -7:30 P.M.
Mayor Johnson convened the Regular City Council Meeting at 7:46
p.m.
ROLL CALL - Present: Councilmembers deHaan, Gilmore,
Matarrese, Tam and Mayor Johnson - 5.
Absent: None.
AGENDA CHANGES
(07 -417) Mayor Johnson announced that the Proclamation would be
addressed later in the meeting.
CONSENT CALENDAR
Mayor Johnson announced that the recommendation to accept the
Quarterly Sales Tax Report [paragraph no. 07 -420] and Resolution
[paragraph no. 07 -420] were removed from the Consent Calendar for
discussion.
Councilmember Gilmore 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 -418) 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. Approved.
( *07 -419) Ratified bills in the amount of $7,824,299.10.
(07 -420) Recommendation to accept the Quarterly Sales Tax Report
for period ending March 31, 2007.
Councilmember deHaan stated the report shows an increase in auto
sales tax revenue; inquired when the increase would disappear.
The Finance Director responded somewhere between eighteen and
twenty -four months; stated the revenue was large because of a catch
up from December and the first quarter.
Councilmember deHaan inquired whether said increase was an anomaly,
to which the Finance Director responded in the affirmative.
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Councilmember deHaan inquired whether all sales tax revenue goes to
the General Fund, to which the Finance Director responded in the
affirmative.
Councilmember deHaan stated that sales tax revenue totaled
approximately $6.3 million annually since 1997; today $5.4 million
is generated; other things will erode sales tax revenue.
The Finance Director stated the State engaged in the triple flip in
2004 and took a quarter percent of the sales tax; the City only
receives seventy five percent of one cent in exchange for the
property tax.
Councilmember deHaan inquired how much the City receives.
The Finance Director responded in the neighborhood of $300,000 to
$400,000; stated she would need to verify said amount.
Councilmember deHaan stated sales tax revenue will never be a
strong element in Alameda.
The Finance Director stated historically sales tax revenue has not
been a strong element of the entire General Fund budget; the cure
is more retail, business -to- business, and everyone buying locally;
the City is not dependent on one source of revenue; property taxes
are approximately twenty -five percent of General Fund revenues.
Councilmember deHaan inquired whether the property tax revenue
would become a flat line operation in out years.
The Finance Director responded the City will not see more than a
two percent growth within the next fifteen years; stated every
newly built house and remodel adds to the assessed valuation.
Councilmember Matarrese inquired whether tax is collected on the
former Naval Air Station property; further inquired whether the
City would see a run up when the former Naval Air Station becomes
part of Alameda.
The Finance Director responded property taxes are very small.
Councilmember deHaan stated that he is concerned with the flatness
of a couple of key indicators within the General Fund.
Mayor Johnson stated that sales tax generated north and south of
Lincoln Avenue is almost forty percent of the total sales tax and
is higher than Alameda Towne Centre; auto sales is a key factor;
sales tax has increased slightly from the first quarter of 2006 to
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September 4, 2007
the first quarter of 2007.
The Finance Director stated the increase is an excellent trend if
the trend continues; she does not anticipate that the increase will
continue; some of the larger more substantial sales will be
decreasing; yacht sales have been an increasing trend but may
decrease in the second quarter of 2007.
Councilmember deHaan stated some yacht sales have been closed down
for the Grand Street development.
The Finance Director stated yacht sales would not disappear
completely and would occur in another location.
Mayor Johnson stated that Alameda's sales tax percentage is
significantly lower compared to surrounding communities; people
need to be provided with more opportunities to buy in Alameda.
Councilmember deHaan moved approval of the staff recommendation.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote -5.
Councilmember Matarrese requested that the next Quarterly Report be
placed on the Regular Agenda for discussion; stated the public
needs to see the trends and understand how much money is needed to
fund the Police and Fire Departments, Library and parks.
Councilmember deHaan requested that the staff report provide
background on sales tax proportions in the General Fund along with
a forecast; stated the City will be impacted with situations
occurring on auto row and with property taxes.
Mayor Johnson requested that the report include information on how
much sales tax revenue supports surrounding communities; people
need to know the impact that sales leakage has on the community.
( *07 -421) 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.
Accepted.
(07 -422) Resolution No. 14143, "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." Adopted.
Councilmember deHaan commended staff for including all elements in
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September 4, 2007
the resolution; stated that he hopes that the owners do not
continually request additional hours.
Councilmember Gilmore inquired whether Condition of Approval 16
requires the owners to redo the process in September 2008.
The Planner III responded in the negative; stated the owners will
be able to operate under the conditions of the Use Permit if they
are in compliance with the Conditions of Approval; Condition of
Approval 16 states that the owners have until September 4, 2008 if
they choose not to vest the Use Permit.
Councilmember Matarrese moved adoption of the resolution.
Councilmember deHaan seconded the motion, which carried by
unanimous voice vote - 5.
( *07 -423) Ordinance No. 2971, "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." Finally passed.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(07 -424) Proclamation declaring September 15, 2007 as Coastal
Cleanup Day and September 16 through 22, 2007 as Pollution
Prevention Week.
Mayor Johnson read the proclamation; requested that the City Clerk
forward the proclamation to Doug Siden, Board of Directors, East
Bay Regional Park District; stated the City has battery drop off
locations; the Public Works Department has scheduled an electronic
drop off event for October 20.
Councilmember deHaan stated that the beach is a beautiful City
asset; the shoreline is beginning to gain some character and is
superb; the sand is course and beautiful; he encourages everyone to
help clean up the beach; sand had to be brought in to keep erosion
from occurring in the past; mother nature has done a great job.
Mayor Johnson stated the back page of the Park Street Business
Association newsletter indicates that the electronic drop off
location is at the Towne Centre on the north side of Safeway.
The Environmental Services Manager stated that there would be two
electronic events this year; the Chamber of Commerce and Greater
Alameda Business Association (GABA) event is first; the City event
is October 20 at Alameda Point.
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September 4, 2007
REGULAR AGENDA ITEMS
(07 -425) 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.
The City Attorney provided a brief presentation.
Mayor Johnson stated Charter amendments need to be placed on the
ballot in a certain amount of time before the election; inquired
how much time is needed.
The City Attorney responded legislation would need to be adopted if
Charter amendments are Council initiated; stated the legislation
would need to be adopted 88 days before the intended election.
The City Clerk stated next year's elections are February 5, June 3,
and November 4; the deadlines for adopting a resolution to place
the matter on the ballot are November 9 for the February 5
election, March 7 for the June 3 election, and August 8 for the
November 4 election.
Mayor Johnson stated that Council - initiated Charter amendments have
not been done while she has served.
Councilmember Gilmore stated that the thrust of the Charter review
is to deal with portions of the Charter that are no longer
applicable and to clean up some gender specific language; a list of
more substantive issues would be brought back to the entire Council
for discussion.
Mayor Johnson stated Measure A would not be addressed.
Councilmember Matarrese stated that the scope of review should not
be limited; the process would be to review the entire Charter with
regard to language clean up, State laws and other governing
processes that have changed; a list would be developed and brought
back to Council; Council would pick and choose what to put on the
ballot; the process would take care of what is placed on the
ballot.
Mayor Johnson stated that she does not want to turn the Charter
review clean up into a Measure A debate.
Councilmember deHaan concurred with Mayor Johnson; stated the
Charter review would be a housekeeping effort to clean up language
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September 4, 2007
and cliches the City has been living with continually.
Mayor Johnson stated Alameda Power and Telecom issues need to be
reviewed; the Charter review should be an ongoing process.
Councilmember deHaan stated that the City Attorney should be
involved in the process because she understands the Charter very
well; the City Manager needs to be involved also.
Mayor Johnson stated that Council meeting dates and times should
not be in the Charter.
Councilmember Matarrese stated presupposing what Council will say
when information comes back does a disservice; the list should
start with non - substantive issues and lead up to more substantive
issues; the entire list would not be placed on a ballot; Article 25
addresses Urban Renewal; Urban Renewal is an antiquated phrase;
there would not be an objective review if some sections of the
Charter were overlooked.
Councilmember Gilmore stated that the first step is to form a
Council sub - committee to review the Charter with assistance from
the City Attorney and City Clerk; the sub - committee would list
issues that may need further discussion by Council; the list and
other housecleaning items would come back; Council can decide when,
if, and how to deal with the issues; issues need to be identified
first.
Councilmember deHaan stated that the Charter is awkward at best;
the City Attorney helps Council with interpreting the Charter.
David Howard, Alameda, stated people are concerned that the Charter
review will turn into a Measure A discussion; the process should be
an open process.
Vice Mayor Tam stated that she raised the Charter review issue
after attending a League of California Cities conference; numerous
cities are going through a similar process; issues should be
identified first; she would like to get broad community input on
areas that should or should not be reviewed; other cities have
appointed a committee through an application process or have had
each Councilmember appoint two members from the community; the
committee would work with the City Attorney, City Clerk, and
outside resources to craft specific language that would help with
Charter revisions to provide flexibility and be reflective of broad
community support that will not tie the hands of future Councils;
suggested starting out with a committee that is a little more
advisory in nature.
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Mayor Johnson stated that the process should be open; a Council
sub - committee should deal with cleaning up the Charter first and
working with the City Attorney and City Clerk; public meetings
would occur when items are brought back to Council.
Councilmember deHaan stated hopefully the public will provide
continual feedback.
Mayor Johnson stated that it would be very helpful to have the
public well informed regarding Charter provisions; people do not
understand limitations.
Councilmember deHaan stated the Charter drives many Council
decisions.
Councilmember Gilmore moved approval of Council appointing two
Councilmembers to a sub - committee to review the Charter with input
and advice from the City Attorney, City Clerk, necessary Department
Heads, City Manager and public; the structure would be to clean up
outdated language and issue spot items that the sub - committee feels
would benefit from a floor discussion by the Council and the
public.
Councilmember deHaan seconded the motion, which carried by
unanimous voice vote - 5.
Vice Mayor Tam and Councilmember Gilmore were selected to serve on
the sub - committee.
ORAL COMMUNICATIONS, NON- AGENDA
(07 -426) Dorothy Freeman, Estuary Park Action Committee, submitted
letter; stated the City Council decided to create a Task Force for
the Beltline park development in November 2006; Council decided to
combine the Beltline and Oak Street Estuary Park projects in the
same Task Force; there will be an unnecessary delay in looking for
funds to purchase the Oak Street Estuary Park property if a Task
Force is not formed for two years; a Task Force needs to be created
in order to initiate the work.
Mayor Johnson stated that she does not recall Council deciding to
delay creation of a Task Force for two years.
Councilmember deHaan stated that Council decided to defer the
matter [on August 21, 2007].
Mayor Johnson stated that a Task Force could make recommendations
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September 4, 2007
on ways to raise money to buy the land.
Councilmember deHaan stated he would like Council to review the
minutes addressing establishment of a Task Force.
Mayor Johnson stated that the City has to buy the land first.
Councilmember deHaan stated that he would like an Off Agenda report
on the goals of the Task Force.
Mayor Johnson stated that Council would discuss priority settings;
Estuary Park should be included as a priority.
The City Manager stated that staff would provide Council
information regarding the work plan and direction for Estuary Park.
(07 -427) Marie Kaylar, Alameda, stated the audio signals at
Central Avenue and Broadway have an unbearable sound; the
neighborhood was not informed of the installation of the signals.
Mayor Johnson stated the Public Works Department is reviewing the
volume of the audio signals; inquired whether the audio signals can
be set at an acceptable volume.
Ms. Kaylar responded she spoke with the company that makes the
audio signals; stated information has been provided to the City
Engineer; a neighbor conducted a survey that will be provided to
Council; a button would be a more acceptable option.
(07 -428) James Wullschleger, Alameda, stated twenty -five audio
signals were purchased using Measure B funds; the neighborhood
tried to work with the City on the issue; the audio signals were
turned off and then turned back on a few weeks later; the neighbors
are excited that the audio signals have a manual activation button
option; the neighborhood requested to be included in the process;
buttons could be installed for $1,600 per intersection; the audio
signals get louder when trucks pass; a blind resident wants buttons
installed; requested that the audio signals be turned off for a
period of time in order to review the matter.
Councilmember deHaan inquired whether the rest of the audio signals
have been installed.
The City Manager responded that she would provide a list of
signals; stated other audio signals will not be installed until the
matter is resolved.
(07 -429) Griffith Neal, Alameda, stated that truck traffic through
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September 4, 2007
the Tube has increased; many drivers park over night; suggested
that Council place a moratorium on trucks going through the Tube
during rush hours; restroom facilities should be provided if people
are allowed to stay over night.
Councilmember deHaan inquired whether anyone leases the Fleet
Industrial Supply Center (FISC) property for truck staging.
The Assistant City Manager responded that he is not aware of any;
stated Container Care and Alameda Gateway provide container
storage.
Councilmember deHaan stated City ordinances do not allow drivers to
stay over night.
Councilmember Gilmore stated trucks were parking across the street
from the Coral Reef Hotel on Park Street for a long period of time;
police officers patrolled the area and trucks no longer park at the
site.
Councilmember Matarrese stated an immediate public health issue
exists; there are indications that people are staying over night
without facilities; requested that exact locations be provided and
that the Police Department investigate the matter.
The City Manager requested that Mr. Neal provide the Deputy City
Manager with the exact location.
Mayor Johnson stated that trucks idle for hours in West Oakland.
Mr. Neal stated traffic should be controlled at certain times when
there are other demands on the roads.
Councilmember deHaan stated Encinal Terminals is in the process of
changing entitlements.
(07 -430) David Howard, Alameda, stated California cities are
setting up reciprocal sales tax agreements with neighboring cities;
suggested reviewing the matter; stated retail will not solve all
sales tax problems; encouraged the Council to look at business to
business opportunities.
(07 -431) Bill Smith, Alameda, discussed housing.
COUNCIL COMMUNICATIONS
(07 -432) Report on City Priority- Setting Project.
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Councilmember Matarrese stated that he requested that the matter be
placed on the agenda in order for everyone to understand the scope
of work and intent before the first workshop; requested staff to
provide a background on the project.
The City Manager stated a priority setting workshop would be held
between Council and the Executive Management team on September 11;
staff developed work plans based on Council direction; Council will
have an opportunity to review the plans and discuss priorities;
Management Partners has been hired to structure and facilitate the
process; Council interviews were conducted; environmental
demographics and department interconnect ivity will be discussed;
Council will review Citywide priority objectives.
Councilmember Matarrese stated that he is concerned that the staff
report and consultant's report do not mention public participation;
priority setting is a policy decision; policy decisions need to be
made in public; there is no mention of how the public will be
engaged or whether the workshop would be broadcasted; a daytime
meeting limits the public's ability to participate; his biggest
concern is to focus on a public process; he does not want to end up
with another strategic plan.
Mayor Johnson stated that the workshop would be a public meeting;
another public meeting would be held in November; a report should
be provided on the outcome of the first meeting; said report should
be placed on the internet to allow feedback.
Councilmember Matarrese stated details should include whether
minutes and broadcasting would be provided and how the loop would
be closed to ensure decisions are memorialized.
The City Manager stated a report would be provided; the workshop
would be recorded and the priority setting would feed into the
budget process, which provides an opportunity for public input.
Vice Mayor Tam stated that she is supportive of the process;
thirty -two different priorities were identified when Council had a
joint meeting with the Planning Board; the workshop will help to
bring all departments together in a more cohesive way to directly
hear about priorities.
Mayor Johnson stated that an annual workshop would be a good idea.
Councilmember Matarrese stated that he appreciates tonight's
discussion; he is glad that the workshop will be recorded; he has
reservations regarding a day workshop; there are many challenges
that are not going to go away.
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September 4, 2007
(07 -433) Consideration of Mayor's nomination for appointment to the
Social Service Human Relations Board.
Mayor Johnson nominated Regional James for appointment to the
Social Service Human Relations Board.
(07 -434) Mayor Johnson inquired whether four -way stops signs have
been installed near St. Philip Neri School.
Councilmember Matarrese responded the signs were installed
recently.
(07 -435) Councilmember deHaan questioned when Big Box ordinance
discussions would come to Council; stated that he anticipates that
the matter could come to Council within the next month; further
stated the priority planning process should not preclude Big Box
ordinance discussions; Council was to review other cities'
ordinances and discuss adopting a similar ordinance.
Councilmember Matarrese stated the Big Box Ordinance was to address
super stores that have more than a specific percentage of non-
taxable items.
Mayor Johnson stated Livermore and Dublin have adopted Big Box
Ordinances.
Councilmember Matarrese stated Council also had discussions on a
styrofoam ordinance.
Mayor Johnson stated Council would have an opportunity to discuss a
Green Building ordinance on Tuesday.
(07 -436) Councilmember deHaan stated that he is hearing
repercussions from neighbors regarding parking concerns related to
closing off the street at St. Joseph Notre Dame High School;
requested the City Attorney to provide information about whether
there is a review process; stated another wing has been
established.
Mayor Johnson stated the area used to have all single- family homes;
many of the homes are now subdivided; residents do not have
adequate off - street parking.
Councilmember deHaan stated dialog needs to take place between
neighbors and the school.
(07 -437) Vice Mayor Tam requested an update on the progress that
CalTrans has made on lighting replacement in the Webster Street and
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September 4, 2007
Posey Tubes.
The Assistant City Manager stated lights have been replaced on one
side.
Councilmember Gilmore stated lights were replaced on one side of
the inbound tube; the other side has not been completed; CalTrans
is now taking down the lights in the outbound tube.
The Assistant City Manager stated both tubes will have one set of
lights.
Mayor Johnson requested that CalTrans be invited to the next
Council meeting to explain the situation.
The City Manager noted Supervisor Lai - Bitker is conducting a
meeting with CalTrans on September 10; stated CalTrans would be
invited to the next Council meeting.
(07 -438) Mayor Johnson stated that the City needs to insist that
the County maintain Alameda's bridges; Measure B funds should be
used for streets and roads in Alameda and should not be used to pay
the County's obligation of maintaining the bridges.
Councilmember deHaan inquired whether any City funds were used in
the past.
Mayor Johnson requested that Council be provided a report on the
recent funding history; stated a resolution might be needed
regarding the use of City funding for streets, roads, and County
bridges.
Vice Mayor Tam requested that background information be provided on
whether there have been joint agreements in the past.
Mayor Johnson stated that the bridges should be maintained by the
County; the County contracted with the Army Corps of Engineers to
operate and maintain the railroad bridge.
Councilmember deHaan stated discussions took place ten or fifteen
years ago regarding the County requesting money from the City due
to of lack of funds.
(07 -439) Councilmember Matarrese stated that there are a lot of
on -going issues with AC Transit; a formula has been established for
an Eco Pass system for City employees; sworn police officers and
firefighters can ride buses free and need to be encouraged to do
so; the Public Works Director will be providing a report on the
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matter.
ADJOURNMENT
There being no further business, Mayor Johnson adjourned the
Regular Meeting at 9:34 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
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September 4, 2007