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2001-11-20 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - NOVEMBER 20, 2001 - - 7:30 P.M. Mayor Appezzato convened the Regular Meeting at 7:37 p.m. Councilmember Daysog led the Pledge of Allegiance. ROLL CALL - Present: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. Absent: None. AGENDA CHANGES (01 -593) Mayor Appezzato announced that the Resolution Amending Resolution No. 11268 and Establishing a Policy for Installation of All Aboveground Equipment Associated with Cable Communications Services [paragraph no. 01 -603] was removed from the agenda and would return at a later date. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (01 -594) Presentation on Emergency Preparedness regarding attacks of terrorism. The Chief of Police and Fire Chief gave a Power Point presentation on the City's and other agencies' readiness and plans for emergencies and terrorist attacks. CONSENT CALENDAR Mayor Appezzato announced that the Guidelines for the Minor Home Repair Program [paragraph no. 01 -596], the Resolution Acknowledging Assistant City Manager, Community and Economic Development [paragraph no. 01 -6001, and the Resolution Supporting the City of Alameda's Participation as a Partner in the "Alameda Enterprise [paragraph no. 01 -6011 were removed from the Consent Calendar for discussion. Councilmember Johnson moved approval of the remainder of the Consent Calendar. Vice Mayor DeWitt seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *01 -595) Minutes of the Special and Regular City Council Meetings held on November 6, 2001. Approved. Regular Meeting Alameda City Council 1 November 20, 2001 (01 -596) Recommendation to approve the Guidelines for the Minor Home Repair Program. Councilmember Kerr stated the program grants up to $1,000 for emergency repairs to correct immediate threats to health and safety in people's homes; to be eligible one must make less than 800 of the area's median income; the program is a lifeline for people who own property and are unable to make repairs, especially senior citizens on fixed income; inquired how many people were helped last year. The Community Development Manager stated about 15 people have been served over the past two years; the County was concerned that the numbers dropped off significantly last year; since the program has been resumed, eight homeowners have been assessed. Mayor Appezzato requested that the numbers be provided to Council. Councilmember Kerr stated the requirements for lead abatement have increased cost; two Councilmembers serve on the Alameda County Lead Abatement Board and could inquire whether the Board could provide support. The Community Development Manager stated projects under $1,000 are exempt from most lead requirements; however, follow -up [with the Lead Abatement Board] would be great. Mayor Appezzato stated there are 16 grants of $1,000 each. Councilmember Kerr moved approval of the staff recommendation. Councilmember Johnson inquired how people are informed of the program; stated many people probably are not aware of the program. The Community Development Manager stated there are three marketing methods: 1) the City's website; 2) television announcements on the local access station and government station; and 3) periodic press releases. Mayor Appezzato inquired how the eight people in the program currently received the information, to which the Community Development Manager responded that she did not know. Mayor Appezzato suggested staff research how people learned of the program and utilize said outreach in the future. Councilmember Johnson seconded the motion, which carried by Regular Meeting Alameda City Council 2 November 20, 2001 unanimous voice vote - 5. ( *01 -597) Recommendation to adopt revised Guidelines for the Microenterprise Assistance Program and authorize the City Manager, or His Designee, to execute related Agreements. Accepted. ( *01 -598) Recommendation to Modify Allocation of Funds for Repair and Resurfacing of Certain Streets, Phase 22, No. P.W. 04- 01 -11. Accepted. ( *01 -599) Recommendation to approve Contract Amendment for a Total Contract Amount of $90,000 to Walther Engineering, Inc. for Construction Management and Contract Administration for Alameda /Oakland Ferry Vessel (Peralta) Purchase, No. P.W. 02- 00 -04. Accepted. (01 -600) Resolution No. 13411, "Acknowledging Assistant City Manager, Community and Economic Development, David A. Berger, for His Contributions to the City of Alameda." Adopted. Councilmember Kerr moved adoption of the resolution. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. Mayor Appezzato read the resolution and presented it to Mr. Berger. Mr. Berger thanked the Council and City Manager for allowing him to serve; stated that it was his pleasure and privilege to play a part in the initial implementation of Alameda's vision for making the closed Navy Base a fully functioning part of the community; that he enjoyed engaging Alameda residents, business people and staff in the process. (01 -601) Resolution No. 13412, "Supporting the City of Alameda's Participation as a Partner in the "Alameda Enterprise." Adopted. Councilmember Daysog stated the Superintendent of the School District is working with important corporations on this program; requested Mr. Johnson from the School District to describe the program. Councilmember Daysog moved adoption of the resolution. Vice Mayor DeWitt seconded the motion, which carried by unanimous voice vote - 5. Mayor Appezzato read the resolution and presented it to Mr. Regular Meeting Alameda City Council 3 November 20, 2001 Johnson. Michael Johnson, Alameda Unified School District, stated members of the government, education and business community are working together towards a vision; on November 28, the partners will publicly announce their commitment to support the Alameda Enterprise; thanked the City Council and Public Utilities Board for supporting the Alameda Enterprise, which is an attempt to connect the whole City and allow all citizens to access knowledge and information any time and any place using any device. Bill Garvine, Marketing Manager, Alameda Power and Telecom (AP &T), stated AP &T was invited to participate in the Alameda Enterprise, which will change the lives of many Alamedans and facilitate the development of AP &T's cable and internet services. ( *01 -602) Resolution No. 13413, "Finding Adequate Environmental Documentation for Phase 8, Infiltration /Inflow Correction Program." Adopted; and ( *01 -602A) Resolution No. 13414, or His Designee, on Behalf of a Financial Application for a Control Board, and Dedicating of the Loan for Infiltration Replacement Project, No. P.W. "Authorizing the City Manager, the City of Alameda, to Sign and File Loan from the State Water Resources a Source of Revenue for the Repayment and Inflow, Phase 8, Sanitary Sewer 04- 01 -12." Adopted. (01 -603) Adoption of Resolution Amending Resolution No. 11268 and Establishing a Policy for Installation of All Aboveground Equipment Associated with Cable Communications Services. Not heard. ( *01 -604) Ratified Bills in the amount of $2,393,220.48. REGULAR AGENDA ITEMS (01 -605) Recommendation to authorize the Mayor to send a letter encouraging the property owners of 1804/1810 Alameda Avenue to comply with the Rent Review Advisory Committee's recommendations regarding rent increases and maintenance concerns. Ed Magalong, Tenant, 1804/1810 Alameda Avenue, stated tenants are seeking assistance with negotiating a fairer rent increase; the 100 increase does not reflect what the tenants are receiving as renters; the landlord has indicated some repairs will not be completed for up to two years; there is not an on -site manager. Councilmember Johnson inquired whether the maintenance issues have been reviewed by Code Enforcement, to which the Community Development Manager responded in the affirmative and noted three Regular Meeting Alameda City Council 4 November 20, 2001 potential problems were identified. Councilmember Kerr stated that she is pleased that Code Enforcement was contacted. Councilmember Kerr moved approval of the staff recommendation. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. (01 -606) Discussion of Committee Appointment Process. Noel W. Folsom, Alameda, stated that he sent a letter to the City Manager raising several concerns about the Solid Waste Management Team; although the Team lacked a quorum, it was asked to take action on an agenda item; staff indicated a quorum was not needed; the City Council should establish boards and commissions; as the elected officials, the Council makes policy, rather than the City Manager and staff; the Council should take command of the appointment process and the makeup of ad hoc teams and public committees, which advise the Council; to address issues which require public input, committees should follow State of California open meeting laws and conform to common procedures, e.g. Roberts Rules of Order; City staff's role is to answer board members questions and facilitate the board's goals and objectives; staff are not board members and should not debate the outcome of votes; urged the Council to take command of the process and make appointments. Mrs. Dawdy, Alameda, stated the Council is elected to set policy; the Council should not hand over its responsibility to staff. Mayor Appezzato stated that he understands his role as Mayor under the City Charter. Councilmember Kerr stated that she became concerned about the process because the tradition in Alameda has been that the Mayor makes nominations and the Council appoints; a couple of years ago, the Housing Forum, which was clearly a policy making committee, was picked by staff; the Housing Forum report is referred to in the Housing Element and General Plan revisions; the Mayor and Councilmembers did not appoint a single [Housing Forum] member; when the Public Transit Committee was formed, Council suggested five or six members; the Committee was expanded to 15 members; although Council defined positions, members were added without Council approval; what happened with the Housing Forum should not happen again; the formation of committees should be brought to Council. Regular Meeting Alameda City Council 5 November 20, 2001 Councilmember Daysog stated civic participation is important; boards and commissions are comprised of residents; on occasion, ad hoc committees are needed; the different ways committees are formed are acceptable; substantial overview and new policies are not needed; a number of committees have had staff as members; policy should not preclude committees in which staff are involved; as ad hoc committees are needed, the matter should be decided on a case - by -case basis; that he prefers the status quo. Mayor Appezzato inquired whether Councilmember Daysog is suggesting that if a Councilmember does not like how a particular committee is formed, the Councilmember could bring the matter to Council, to which Councilmember Daysog responded in the affirmative. Councilmember Johnson stated Council has directed staff to seek community input; staff has done a good job; the process being used has resolved many issues; e.g., Tinker Avenue extension was controversial at the beginning, but everyone was satisfied at the end of the process; when the Council does not approve of a particular case, the matter should be addressed; public input should be encouraged and the community should be engaged in the City process. Vice Mayor DeWitt stated committees, commissions, and boards are established to advise the City Council; the City Council makes policy; the goal is to get public participation; policy is made at the Council level only. Councilmember Johnson stated the specific committee Mr. Folsom mentioned [Solid Waste Management Team] is addressing a matter which will come to Council; Council makes the final decision; Council is not delegating its decision - making authority. Mayor Appezzato stated the community does not lack public participation; there are numerous public hearings and community meetings on almost every issue; over the last couple of years, a major issue has not come before Council without one or more public sessions. Councilmember Kerr stated that prior to selection, most Housing Forum members had indicated that they were in favor of eliminating Measure A; the committee was set up to advert the Charter; a vote of the people is the only way to change the Charter; further stated that by the time an issue comes to Council, it is neatly packaged and is not torn apart and rebuilt by the Council; committee members should be nominated by the Mayor and appointed by the Council; said process is not limiting; that she does not oppose forming Regular Meeting Alameda City Council 6 November 20, 2001 committees. Mayor Appezzato stated Housing Forum members could not claim they were excluded; Council ultimately determines policy; Council can take any action necessary to rebuff a board, commission or ad hoc committee. Councilmember Johnson stated Council has voted contrary to recommendations from boards and commissions. Mayor Appezzato stated boards and commissions should be reminded that the Council is the final arbiter and has been elected to make the final decisions. (01 -607) Final Passage of Ordinance No. 2866, "Amending the Alameda Municipal Code by Amending Subsection 8 -7.9 (Heavy Commercial Vehicles) of Chapter VIII (Traffic and Motor Vehicles) to Restrict Parking of Heavy Commercial Vehicles Along Frontage of City Parks." Finally passed. Councilmember Johnson moved final passage of the ordinance. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. (01 -608) Final Passage of Ordinance No. 2867, "Authorizing Conveyance by Quitclaim Deed of Certain Contingent Interests in Alameda Beltline Railroad Easements to KB Homes." Finally passed. Councilmember Johnson moved final passage of the ordinance. Councilmember Daysog seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Daysog, DeWitt, Johnson and Mayor Appezzato - 4. Noes: Councilmember Kerr - 1. ORAL COMMUNICATIONS, NON- AGENDA (01 -609) Michael John Torrey, Alameda, wished the City Council and staff a Happy Thanksgiving. COUNCIL COMMUNICATIONS (01 -610) Mayor Appezzato stated there have been many rumors about Trader Joe's coming to Alameda; stated Michael Corbett, South Shore Center Assistant Vice President, will publish a letter stating that Trader Joe's is expected as a new tenant at South Shore. (01 -611) Mayor Appezzato announced that the voters of Alameda approved the School Bond Measure by 710 on November 6, 2001. Regular Meeting Alameda City Council 7 November 20, 2001 (01 -612) Councilmember Daysog stated Pedestrian Friendly Alameda (PFA) compiled a survey of children's walk to school day; the survey should be reviewed at a Council Meeting; the PFA would probably be willing to give the presentation. (01 -613) Councilmember Daysog stated that since the School District Bond Measure passed, the Public Utilities Board and staff should review the "round -up" idea [AP &T billing procedure]. (01 -614) Councilmember Kerr stated Senate Bill 974, which was signed into law, raises a problem for Charter cities; the League of California Cities analyzed the Bill and stated: "This bill will undoubtably cause numerous Charter city provisions or ordinances to be rewritten due to State law and will cause unnecessary confusion over which law applies because of rewrites by Charter cities. In order to protect themselves from lawsuits, Charter cities would have to provide expressed exemptions under which they have been operating, which must be adopted by a City Charter provision or ordinance. It is advisable for Charter cities to rewrite their Charters to cover themselves from the provisions of SB 974;" requested the City Attorney to review the matter; stated the City Charter needs to be protected; noted Assemblymember Wilma Chan and State Senator Don Perata supported the anti - Charter City legislation. (01 -615) Councilmember Kerr stated that Council received a brief financial report from Alameda Reuse and Redevelopment Authority; requested a more detailed report, similar to the City's bookkeeping. (01 -616) Vice Mayor DeWitt thanked everyone for sending cards and flowers following his surgery; stated the outpouring of well wishes was amazing; that he is looking forward to a full recovery; urged everyone to be thankful for what we have on Thanksgiving. ADJOURNMENT There being no further business, Mayor Appezzato adjourned the Regular Meeting at 8:50 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council 8 November 20, 2001