2002-07-02 Regular CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
TUESDAY - - JULY 2, 2002 - - 7:30 P.M.
Mayor Appezzato convened the Regular Meeting at 7:30 p.m.
ROLL CALL - Present: Councilmembers Daysog, DeWitt, Johnson,
Kerr, and Mayor Appezzato - 5.
Absent: None.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(02 -295) Proclamation declaring Kun D. Chin to be 2001 Section 8
Landlord of the Year.
Mayor Appezzato read the proclamation and presented it to Kun D.
Chin.
Kun D. Chin, Landlord of the Year, thanked Council for the
Proclamation.
Art Kurrasch, Chair, Housing Commission, stated the City of Alameda
has dedicated Section 8 landlords and staff.
(02 -296) Proclamation declaring the Month of July, 2002 as
Recreation and Parks Month in the City of Alameda.
Mayor Appezzato read the proclamation and presented it to Kirk
Elliot, Chair, Recreation and Park Commission.
Kirk Elliot, Chair, Recreation and Park Commission, thanked Council
for the Proclamation and stated the Commission is committed to
maintaining the best Recreation and Park Programs in the Bay Area.
(02 -297) Presentation by East Bay Municipal Utility District on
the District entering into the power business.
Mike Wallace, Director of Operations and Maintenance, EBMUD,
submitted a brochure to Council and gave a brief presentation on
the District entering the power business.
Mayor Appezzato stated PG &E opposes acquisition of PG &E resources,
stated Alamedans should be excluded from any costs incurred during
the process.
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Mr. Wallace responded that the EBMUD Board of Directors is
addressing the issue.
Councilmember Johnson inquired whether EBMUD will arrange financing
to prevent Alameda residents from funding a feasibility study.
Mr. Wallace responded that the EBMUD Board of Directors is
addressing the issue.
CONSENT CALENDAR
Mayor Appezzato announced that the recommendation to authorize
Amendment to City Manager and City Attorney Employment Agreement
[paragraph no. 02 -299], the recommendation to accept the Eleventh
Annual Report on Implementation of the Housing Element [paragraph
no. 02 -300], the Resolution Approving and Adopting the Operating
Budget [paragraph no. 02 -301], and the Resolution Amending Master
Fee Resolution No. 12191 [paragraph no. 02 -303] were removed from
the Consent Calendar for discussion.
Vice Mayor DeWitt moved approval of the remainder of the Consent
Calendar.
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote - 5.
[Items so enacted or adopted are indicated by an asterisk preceding
the paragraph number.]
( *02 -298) Minutes of the Special Joint City Council and Alameda
Reuse and Redevelopment Authority Meeting held on June 5, 2002, the
Special and Regular City Council Meetings held on June 18, 2002,
and the Special City Council Meeting held on June 19, 2002.
Approved.
(02 -299) Recommendation to authorize Execution of Fourth Amendment
to City Manager Employment Agreement and Seventh Amendment to City
Attorney Employment Agreement.
Councilmember Kerr stated the recommendation extends the City
Manager and City Attorney's severance pay from six months to one
year, which is not fiscally appropriate.
Vice Mayor DeWitt stated the recommendation is not effective unless
the City Council fires the City Manager or City Attorney.
Vice Mayor DeWitt moved approval of the staff recommendation.
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July 2, 2002
Councilmember Johnson stated the Contract Amendments only apply to
the City's current City Manager and City Attorney; stated the
benefit is consistent with other cities policies.
Councilmember Johnson seconded the motion, which carried by the
following voice vote. Ayes: Councilmember Daysog, DeWitt, Johnson,
and Mayor Appezzato - 4. Noes: Councilmember Kerr -1.
(02 -300) Recommendation to accept the Eleventh Annual Report on
Implementation of the Housing Element.
Vice Mayor DeWitt requested staff to provide a summary presentation
on the Housing Element at a future City Council Meeting to keep the
community informed.
Councilmember Kerr stated that 100 of the units in Alameda are
subsidized; concurred with Vice Mayor DeWitt's request.
Vice Mayor DeWitt moved approval of the staff recommendation.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
(02 -301) Resolution No. 13479, "Approving and Adopting the
Operating Budget and Capital Improvements for Fiscal Year 2002 -03,
and Appropriating Certain Moneys for the Expenditures Provided in
Fiscal Year 2002 -03." Adopted.
Councilmember Daysog reviewed the budget; stated the importance of
reserves should be noted; there is a target of 250 [reserves] ,
which the City has exceeded; half of the reserves are liquid cash;
the other half is tied up in redevelopment bonds; that he would
like to have a plan to increase liquid reserves; the area is prone
to disasters; the City needs to be prepared; having a healthy
reserve is a way to be prepared; there should be a plan to increase
liquid reserves above 140 of the total budget; further stated that
he reviewed the budgets for the last ten years; the City is good at
hitting revenue targets; there should be a plan and review for
meeting revenue estimates; past budgets reflect expenditures have
been above estimates by 20; the City should review keeping
expenditures in -line with estimates; staff should come up with
plans to hold firm to estimates.
Mayor Appezzato noted reserves, which are loaned out, obtain more
interest than liquid reserves.
Councilmember Daysog stated redevelopment funds cannot be used for
disasters or emergencies.
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July 2, 2002
Councilmember Johnson stated reserves are being used as investment
opportunities for the future of Alameda; inquired whether the
reduction in City Council administrative positions is due to a
shifting of positions, to which the City Manager responded in the
affirmative.
Councilmember Johnson further inquired whether the eleven positions
being cut from the Police Department were unfilled positions, to
which the City Manager responded the City will not be filling six
sworn officer positions.
The Chief of Police noted that the Police Department has cut seven
[officer] positions; two positions have been eliminated from the
dispatch center because Fire Department Dispatch is being
contracted by another entity.
Councilmember Johnson further inquired whether there would be any
further reductions to sworn officer positions, to which the Chief
of Police responded in the negative.
The City Manager stated all budget issues would be addressed again
at a Budget Workshop in January.
Councilmember Kerr stated the City of Alameda Police Department
ensures the quality of life for Alamedans; Alameda is surrounded by
high crime areas; Police Department staffing issues should be
addressed at the Mid -Year Budget Review in January.
Councilmember Kerr inquired whether the improperly handled 911 call
was dispatched out of Livermore, to which the City Manager
responded that police dispatch is handled by the Alameda Police
Department.
Councilmember Daysog noted the City Manager's Office budget jumped
from $600,000 to $900,000.
Councilmember Johnson inquired whether there will be staffing
reductions at Alameda Point (Development Services) when the Master
Developer takes over responsibility. The City Manager responded
positions have been eliminated; more positions might be eliminated
in the future; however, Police and Fire positions at Alameda Point
will not be eliminated.
Councilmember Daysog moved adoption of the resolution.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
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July 2, 2002
( *02 -302) Resolution No. 13480, "Submitting Request to the
Metropolitan Transportation Commission for the Allocation of Fiscal
Year 2002 -03 Transportation Development Act (TDA), Article 3 for
Pedestrian /Bicycle Project Funding." Adopted.
(02 -303) Resolution No. 13481, "Amending Master Fee Resolution No.
12191 Establishing Fees for Field Preparation." Adopted.
Mayor Appezzato stated Don Sherratt, General Manager Babe Ruth
Program, requested the item be pulled and addressed by the City
Council.
Councilmember Kerr stated the Recreation and Park Commission
reached a fair compromise.
Councilmember Johnson stated $23.00 is a reasonable amount to
charge for field preparation.
Councilmember Daysog concurred with Councilmember Johnson;
encouraged the Recreation and Park Department to remain within
expenditure estimates.
Councilmember Johnson stated the fee is not mandatory; groups can
prepare their own fields.
Councilmember Johnson moved adoption of the resolution.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
( *02 -304) Introduction of Ordinance Authorizing Execution of
Agreements between the City of Alameda and Alameda County
Industries AR, Inc., for Solid Waste, Recyclable Materials and
Organic Materials Services entered into as of July 3, 2002 and
between the City of Alameda and Waste Management of Alameda County,
Inc. for Solid Waste Disposal Services entered into as of July 3,
2002. Introduced.
( *02 -304A) Resolution No. 13482, "Implementing Provisions of
Article 7 of that Certain Agreement between the City of Alameda and
Alameda County Industries AR, Inc. for Solid Waste, Recyclable
Materials and Organic Materials Services entered into as of July 3,
2002 and Rebating a Portion of the Infrastructure Impacts
Mitigation Fee for the 2002 -03 Fiscal Year. Adopted.
( *02 -305) Ratified Bills in the amount of $ 864,657.40.
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July 2, 2002
REGULAR AGENDA ITEMS
(02 -306) Public Hearing to Consider Resolution No. 13483,
"Approving Engineer's Report, Confirming Diagram and Assessment and
Ordering Levy of Assessments, Island City Landscaping and Lighting
District 84 -2." Adopted.
Mayor Appezzato stated Alameda has a Landscape and Lighting
District comprised of seven zones; each zone provides for enhanced
services for the business districts and main commercial areas;
before approving the annual levy of an assessment, the law requires
that we hold a public hearing to take public comment on the
assessments for the 2002/2003 tax year.
Mayor Appezzato opened the public portion of the hearing.
There being no speakers, Mayor Appezzato closed the public portion
of the hearing.
Mayor Appezzato stated because there are no increases to Assessment
beyond which were previously established, no vote is required.
Councilmember Daysog moved adoption of the resolution.
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote - 5.
(02 -307) Resolution No. 13484, "Appointing Shirley Clem as a
Member of the Transportation Commission." Adopted.
(02 -307A) Resolution No. 13485, "Appointing John W. Knox -White as a
Member of the Transportation Commission." Adopted.
(02 -307B) Resolution No. 13486, "Appointing Michael J. Krueger as a
Member of the Transportation Commission." Adopted.
(02 -307C) Resolution No. 13487, "Appointing Robert L. McFarland as
a Member of the Transportation Commission." Adopted.
(02 -307D) Resolution No. 13488, "Appointing Pattianne N. Parker as
a Member of the Transportation Commission." Adopted.
(02 -307E) Resolution No. 13489, "Appointing Robert S. Ratto, as a
Member of the Transportation Commission." Adopted.
(02 -307F) Resolution No. 13490, "Appointing Eric B. Schatmeier as a
Member of the Transportation Commission." Adopted.
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July 2, 2002
(02 -307G) Resolution No. 13491, "Appointing Jon M. Spangler as a
Member of the Transportation Commission." Adopted.
Councilmember Johnson moved adoption of the resolutions appoint
Transportation Commission members.
Councilmember Kerr stated she is abstaining from voting on
appointment of Transportation Commission Members; the Commission
needs more representation from people who use public transportation
on a daily basis; a ferry rider is needed; that she is concerned
about all Members having the same four year term and having a
Member serve on two boards.
Vice Mayor DeWitt inquired whether there is a prohibition on
serving on two boards, to which the City Attorney responded in the
negative.
Vice Mayor DeWitt stated the Commission should address all transit
issues.
Councilmember Johnson stated the Transportation Commission should
focus on every mode of transportation
Vice Mayor DeWitt seconded the motion, which carried by the
following voice vote. Ayes: Councilmember Daysog, DeWitt, Johnson,
and Mayor Appezzato - 4. Abstentions: Councilmember Kerr - 1.
The City Clerk administered the Oath and presented certificates of
appointment to the Transportation Commission members.
(02 -308) Resolution No. 13492, "Appointing Roberto A. Rocha as a
Member of the Civil Service Board." Adopted; and
(02 -308A) Resolution No. 13493, "Appointing William J. Smith as a
Member of the Civil Service Board." Adopted.
Vice Mayor DeWitt moved adoption of the resolutions.
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 5.
The City Clerk administered the Oath and presented certificates of
appointment to the Civil Service Board members.
(02 -309) Resolution No. 13494, "Appointing Robert B. Hessler as a
Member of the Economic Development Commission." (Retail /Commercial
Seat with partial term expiring 8/31/2002) Adopted.
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July 2, 2002
Councilmember Daysog moved adoption of the resolution.
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote - 5.
The City Clerk administered the Oath and presented certificates of
appointment to Mr. Hessler.
(02 -310) Resolution No. 13495, "Appointing Randall S. Miller as a
Member of the Historical Advisory Board." (Member -at -Large Seat
with partial term expiring 6/30/2002) Adopted; and
(02 -310A) Resolution No. 13496, "Reappointing Benjamin D. Tilos as
a Member of the Historical Advisory Board." (Contractor Seat)
Adopted.
Councilmember Daysog moved adoption of the resolution.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
The City Clerk administered the Oath and presented certificates of
appointment to Historical Advisory Board members.
(02 -311) Resolution No. 13497, "Reappointing Michael J. Torrey as
a Member of the Housing Commission." (Tenant Seat) Adopted; and
(02 -311A) Resolution No. 13498, "Appointing Billie Trujillo as a
Member of the Housing Commission." (Member -at- Large) Adopted.
Councilmember Johnson moved adoption of the resolution.
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 5.
The City Clerk administered the Oath and presented certificates of
appointment to the Housing Commission members.
(02 -312) Resolution No. 13499, "Reappointing Karen Butter as a
Member of the Library Board." Adopted.
Councilmember Johnson moved adoption of the resolution.
Councilmember DeWitt seconded the motion, which carried by
unanimous voice vote - 5.
The City Clerk administered the Oath and presented certificates of
appointment to Ms. Butter.
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July 2, 2002
(02 -313) Resolution No. 13500, "Reappointing Andrew J. Cunningham
as a Member of the Planning Board." Adopted; and
(02 -313A) Resolution No. 13501, "Reappointing Frank Mataresse as a
Member of the Planning Board." Adopted.
Councilmember Johnson moved adoption of the resolution.
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 5.
The City Clerk administered the Oath and presented certificates of
appointment to the Planning Board members.
(02 -314) Resolution No. 13502, "Reappointing Ann L. McCormick as a
Member of the Public Utilities Board." (Engineer Seat) Adopted.
Councilmember Johnson moved adoption of the resolution.
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 5.
The City Clerk administered the Oath and presented certificates of
appointment to Ms. McCormick.
(02 -315) Resolution No. 13503, "Appointing Stephanie J. Meyers -
Umoja as a Member of the Social Service Human Relations Board."
(Partial term expiring 6/30/2004) Adopted.
Councilmember Daysog moved adoption of the resolution.
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote - 5.
The City Clerk administered the Oath and presented certificates of
appointment to Ms. Meyers- Umoja.
(02 -316) Ordinance No. 2882, "Amending the Alameda Municipal Code
by Amending Subsection 27- 3.5(d) (Citywide Development Fee
Established) of Section 27 -3 (Citywide Development Fees), of
Chapter XXVII (Development Fees) Amending the Citywide Development
Fees." Finally passed.
Councilmember Johnson moved final passage of the Ordinance.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
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July 2, 2002
(02 -317) Ordinance No. 2883, "Granting Conditional Consent for a
Proposed Merger of Comcast Corporation and AT &T Corporation, Parent
of the Cable Television Franchise Holder, United Cable Television
of Alameda."
Councilmember Kerr moved final passage of the Ordinance.
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote - 5.
ORAL COMMUNICATIONS, NON- AGENDA
None.
COUNCIL COMMUNICATIONS
(02 -318) Written Communication from the League of California
Cities requesting designation of Voting Delegate for the League's
Annual Conference.
Mayor Appezzato nominated Councilmember Kerr as Alameda's Voting
Delegate.
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote - 5.
(02 -319) Consideration of Mayor's nomination for appointment to
the Housing and Building Code Hearing and Appeals Board.
Mayor Appezzato nominated Jeff Cambra for appointment to the
Housing and Building Code Hearing and Appeals Board.
(02 -320) Consideration of Mayor's nomination for appointment to
the Housing Commission.
Mayor Appezzato nominated Pedro V. Toledo for appointment to the
Housing Commission
(02 -321) Consideration of Mayor's nomination for appointment to
the Library Board. (Partial term expiring 6/30/2003)
Mayor Appezzato nominated Mark A. Schoenrock for appointment to the
Library Board.
(02 -322) Councilmember Daysog requested staff to review whether
loud motorized scooters are covered under the noise ordinance
similar to leaf blowers.
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July 2, 2002
(02 -323) Councilmember Kerr inquired whether tall dangerous trees
on private property are the City's responsibility, to which the
Assistant City Manager, Operations responded in the negative.
(02 -324) Councilmember Johnson requested staff to review safety
regulations concerning motorized scooters.
(02 -325) Councilmember Johnson reminded everyone to attend the
Fourth of July Parade.
ADJOURNMENT
There being no further business, Mayor Appezzato adjourned the
Regular Meeting at 8:29 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 l l
July 2, 2002