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2008-06-03 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -JUNE 3, 2008- -7:30 P.M. Mayor Johnson convened the Regular Meeting at 9:30 p.m. ROLL CALL - Present: Councilmembers deHaan, Gilmore, Matarrese, Tam, and Mayor Johnson - 5. Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS None. CONSENT CALENDAR Councilmember Matarrese moved approval of the Consent Calendar. Vice Mayor Tam seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *08 -233) Minutes of the Regular City Council Meeting held on May 6, 2008, and Regular City Council Meeting held on May 20, 2008. Approved. ( *08 -234) Ratified bills in the amount of $2,312,913.93. ( *08 -235) Recommendation to set June 17, 2008, as Hearing date for Fiscal Year 2008 -2009 Proposition 4 appropriation limit. Accepted. ( *08 -236) Recommendation to approve an Agreement with Holland and Knight in the amount of $96,000 for federal legislative advocacy services. Accepted. ( *08 -237) Report on proposed PERS Golden Handshake Retirement under California Government Code Section 20903. Moved to paragraph no. nR - ?5ni ( *08 -238) Recommendation to award a Contract in the amount of $3,571,810, including contingencies, to Darcy & Harty Construction, Inc., for Cyclic Sewer Replacement, Phase 5, No. P.W. 10- 06 -22. Accepted. Regular Meeting Alameda City Council 1 June 3, 2008 ( *08 -239) Recommendation to allocate $1,210,409 in Proposition 1B Local Streets and Roads Funds, and award a Second Amendment to the Contract in the amount of $2,965,000, including contingencies, to Gallagher & Burk, Inc., for the repair and resurfacing of certain streets, Phase 28, No. P.W. 04- 08 -12. Accepted. ( *08 -240) Recommendation to accept the work of Bay Line Concrete, Cutting, Coring, and Drilling, Inc. for the Grand Street Bridge and Ballena Boulevard Bridge Repair and Resurfacing, No. P.W. 11- 06 -24. Accepted. ( *08 -241) Recommendation to accept the work of Golden Bay Construction, Inc. for the replacement of curb, gutter, and related improvements to address street ponding Citywide, No. P.W. 02- 07 -04. Accepted. ( *08 -242) Recommendation to accept the work of Power Engineering Contractors, Inc., for the Grand Street Sewer Pump Station, No. P.W. 04- 07 -16. Accepted. ( *08 -243) Resolution No. 14214, "Approving a Third Amendment to the Agreement for Additional Funding from the State California Coastal Conservancy in an Amount up to $57,000 to Implement Spartina Eradication and Mitigation Measures, and Authorizing the City Manager to Execute All Associated Agreements and Documents." Adopted. ( *08 -244) Resolution No. 14215, "Requesting and Authorizing the County of Alameda to Levy a Tax on All Real and Personal Property in the City of Alameda as a Voter Approved Levy for the General Obligation Bonds Issued Pursuant to a General Election Held on November 7, 2000." Adopted. REGULAR AGENDA ITEMS (08 -245) Public Hearing to consider collection of delinquent business license fees via the property tax bills. The Finance Director provided an updated list and a brief presentation. Councilmember deHaan inquired whether the amount of uncollected business license fees is typical, to which the Finance Director responded in the affirmative. Councilmember deHaan inquired whether reimbursement comes from the County, to which the Finance Director responded in the affirmative. Regular Meeting Alameda City Council 2 June 3, 2008 Councilmember deHaan inquired whether the City needs to do anything else after the letter is sent, to which the Finance Director responded in the negative. Bill Smith, Alameda, discussed home businesses. Councilmember Gilmore moved approval of the staff recommendation. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. (08 -246) Public Hearing to consider collection of delinquent administrative citation fees via the property tax bills. The Code Compliance Officer gave a brief presentation. Mayor Johnson inquired what is the normal process if an appeal is not filed. The Code Compliance Officer responded the process depends on the complexity of the case; stated sometimes a courtesy call is made or another citation is issued. Mayor Johnson inquired whether the Municipal Code addresses what to do if an appeal is not filed. The Code Compliance Officer responded in the negative; stated the Municipal Code simply states that an appeal can be filed within ten days. Councilmember deHaan inquired how often citations can be given and whether there is a maximum. The Code Compliance Officer responded most citations are issued every thirty days; stated citations can be issued every seven to ten days if there are safety issues. Councilmember deHaan inquired whether the Municipal Code allows staff to continue enforcement every seven days. The Code Compliance Officer responded in the affirmative; stated another option would be to hire a contractor for abatement. Councilmember deHaan stated that he has not received a copy of the ordinance he requested. The Building Official stated no minimum or maximum timeframe was set when the ordinance was written; the Administrative Citation fee Regular Meeting Alameda City Council 3 June 3, 2008 provides an enforcement tool. Mayor Johnson inquired whether staff has worked with the Lafayette Street property owner to remove the trailers since 2001, to which the Building Official responded in the affirmative. Mayor Johnson inquired whether the trailers have been occupied since 2001. The Code Compliance Officer responded staff was not aware that anyone was occupying the trailers until today. Councilmember deHaan inquired when the trailers appeared on the property, to which the Code Compliance Officer responded 2001. Councilmember deHaan stated that he does not recall seeing the trailers on the property. The Code Compliance Officer stated twenty -seven calls have been received for Police service since 2007. Mayor Johnson inquired what the response has been for code enforcement. The Code Compliance Officer responded the son of the deceased owner has never responded; stated the daughter of the deceased owner is in charge of the estate; the estate's attorney has responded. Lance Russum, Attorney for the Estate of Juanita Ogle, stated the son is not a tenant of the estate but has occupied the property without permission; the son has been evicted but has come back; the son's appeal rights expired on May 8; the administrator has control of the property because of the eviction and is trying to determine the best way to dismantle the containers; combustible materials are on the property; the Fire Department should inspect the property as soon as possible. Mayor Johnson inquired when the owner passed away. Mr. Russum responded June 2007; stated letters were issued in August 2007; he does not think the estate has a responsibility to pay for the citations. Mayor Johnson inquired whether the property has a mortgage, to which Mr. Russum responded in the negative. Mayor Johnson inquired whether the estate has assets, to which Mr. Russum responded the estate has no liquid assets now. Regular Meeting Alameda City Council 4 June 3, 2008 Mayor Johnson stated the house is an asset of the estate. Mayor Johnson suggested continuing the item and setting deadlines; stated the estate has a responsibility not to create blight in the neighborhood; the goal is to get rid of the blight. The Code Compliance Officer stated staff has agreed to cease issuing additional citations until August. Mayor Johnson suggested tabling the matter for three months until the trailers are gone, and then address the issue of accumulated fines. The Code Compliance Officer stated the lien is a judgment lien and would be payable at the time sale. Councilmember deHaan inquired whether verification can be made on whether anyone is living in the trailers. Mr. Russum responded the son enters the trailers in the evenings; stated the Police Department has intervened on a regular basis. Mayor Johnson stated taxpayer resources are protecting the property. Vice Mayor Tam inquired whether the estate is current with property tax payments, to which Mr. Russum responded the daughter advanced money for property tax payments. Vice Mayor Tam inquired whether it would be less expensive for the estate if the City did the abatement now versus collecting the fines. Mr. Russum responded breaking up the trailers for scrap would be easier. Councilmember deHaan stated that he has concerns with health and safety issues. The Code Compliance Officer stated blight has become a health and safety issue. Mayor Johnson inquired why the trailers cannot be removed tomorrow; stated a crane could load the trailers onto a large truck. Councilmember Gilmore stated the Building Official stated code enforcement would continue, but citations would not be issued Regular Meeting Alameda City Council 5 June 3, 2008 through the end of August; suggested that staff continue to work with the estate and levy fines on the property tax bill to help the City recover costs incurred. Mayor Johnson stated that the matter should be brought back at the first City Council meeting in September; Council expects blight and health and safety issues to be remedied by September. The Building Official stated that citations stop if property owners work with the City. Councilmember Matarrese requested that staff research the cost of bringing in a crane and semi -truck to remove the trailers; stated a decision could be made in August on whether to continue to fine or attach the abatement cost [to the lien]. Mayor Johnson stated Council should consider removing the trailers sooner than August because of health and safety issues. Mr. Russum stated the administrator's resources could be used to remove the trailers if costs are provided. Mayor Johnson stated the estate has the responsibility to deal with the blight and danger, not the City. Councilmember Gilmore moved approval of creating a lien on both properties and not issuing any more citations on the Lafayette Street property until the matter is brought back at the first City Council Meeting in September for review. Mayor Johnson stated Council would expect the daughter to take care of removing the trailers in the near future. Councilmember deHaan stated that he is not comfortable with assessing the entire $9,750 on the Lafayette Street property; intervals of the citations are peculiar. Mayor Johnson stated the case initiated in 2001; the property has had a lot of neighbor complaints; the Police and Fire Departments have been called numerous times; inquired whether citations were issued in compliance with the ordinance. The City Attorney responded in the affirmative; stated citations could have been issued more frequently. Councilmember Matarrese seconded the motion. Under discussion, Councilmember Matarrese stated that further Regular Meeting Alameda City Council 6 June 3, 2008 citations would not be issued; direction should include removing the trailers as soon as possible and not waiting ninety days for a solution; the issue should come back if not abated; the issue should come back sooner than ninety days if the health hazard continues. The City Manager clarified that the approach would be to work with the Police Department to make sure that the son is no longer on the property; staff would request a bid for removal of the trailers; the property owner would abate the trailers; updates would be provided before the first City Council Meeting in September if other issues arise. Councilmember deHaan stated the property owner would need to determine what to do once the bid is received; the City should pay to remove the trailers and encumber the property if the property owner does not agree to remove the trailers; inquired why citations were stopped on the San Jose Avenue property. The Code Compliance Officer responded a Police Officer encouraged the property owner to start working on plans to convert the unit back into a basement; stated the property owner stopped working with staff once demolition costs were provided; citations stopped because the property was not occupied. Councilmember deHaan inquired whether citations could continue on the San Jose Avenue property, to which the Code Compliance Officer responded in the affirmative. Vice Mayor Tam stated that the Lafayette Street and San Jose Avenue citations stopped at the same time. Mayor Johnson inquired whether the San Jose Avenue property owner intends to abate the unit, to which the Code Compliance Officer responded in the negative. Mayor Johnson inquired when was the last time staff worked with the property owner, to which the Code Compliance Officer responded prior to July 11, 2007. Councilmember deHaan requested that the motion be amended to include that both properties be fined $6,750. Councilmember Gilmore stated that one property [San Jose Avenue] is more egregious; that she would not accept the proposed amendment to the motion. Councilmember deHaan requested further information on the San Jose Regular Meeting Alameda City Council 7 June 3, 2008 Avenue property and administrative citation process. On the call for the question, the motion carried by unanimous voice vote - 5. (08 -247) Public Hearing to consider Resolution No. 14216, "Confirming the Business Improvement Area Report for FY 2008 -09 and Levying an Annual Assessment on the Alameda Business Improvement Area of the City of Alameda for FY 2008 -09." Adopted. The Development Services Director gave a brief presentation. Mayor Johnson opened the public portion of the Hearing. Proponents (In favor of resolution) : Robb Ratto, Park Street Business Association (PSBR); Kathy Moehring. There being no further speakers, Mayor Johnson closed the public portion of the Hearing. Mayor Johnson inquired which funds pay for the maintenance, to which the Development Services Director responded Landscape and Lighting District funds. Mayor Johnson inquired how much is collected. Ms. Moehring responded approximately $32,000; stated maintenance costs are approximately $54,000. Mayor Johnson stated Webster Street property owners are not paying for the [entire] maintenance; stated the public invested several million dollars and the investment should be maintained. Ms. Moehring concurred with Mayor Johnson; stated there was not enough time to educate property owners. Mayor Johnson stated that an attempt was made three years ago to increase the assessment. Mr. Ratto stated an attempt was made to increase the Business Improvement Assessment (BIA) boundaries; the vote failed. Ms. Moehring stated the number one priority is to work with property owners to help them understand the importance of increasing the Landscape and Lighting District fees. Councilmember deHaan moved adoption of the resolution. Regular Meeting Alameda City Council 8 June 3, 2008 Vice Mayor Tam seconded the motion, which carried by unanimous voice vote - 5. (08 -248) Recommendation to allocate $99,218 in Measure B - Transbay Ferry Funds, and approve a Second Amendment to the Contract in the amount of $99,218 to Marine Express, Inc. for the Main Street Ferry Terminal Barge Maintenance Project. The Ferry Services Manager gave a brief presentation. Councilmember deHaan inquired whether the additional work would bring the Main Street Ferry Terminal Barge up to a satisfactory standard; further inquired whether staff anticipates any further corrections to the barge. The Ferry Services Manager responded no further work is required; stated the final work would include lifting up the west end of the 70 -foot gangway approximately six inches. Vice Mayor Tam moved approval of the staff recommendation. Councilmember deHaan seconded the motion, which carried by unanimous voice vote - 5. (08 -249) Recommendation to establish a Fiscal Sustainability Committee. The Development Services Director gave a brief presentation. Councilmember Matarrese stated a ten -year plus horizon should be considered; the City of Vallejo is comparable to Alameda and provides a good, real life case study; large and small business expertise is valuable because said businesses have real experience in managing budgets; someone with some actuarial experience could fill the financial seat; the six -month period is aggressive, is meant to start after budget approval and anticipates that the State budget will not be approved in June; the committee would make recommendations regarding the pros and cons of deferring payment and long -term obligations to retirees. Councilmember deHaan stated the committee would provide a golden opportunity to have highly skilled individuals look at best business practices; the ten -year budget model can be a good tool; good direction would be provided to build on policy; the City Auditor and City Treasurer picked up the challenge; a financially experienced facilitator could be brought in to bring the committee up to speed. Regular Meeting Alameda City Council 9 June 3, 2008 Mayor Johnson inquired what would be the size of the committee, to which Councilmember Matarrese responded eight. Mayor Johnson inquired whether eight members would be enough. Councilmember Matarrese stated that he does not have any objections to broadening the committee as long as the focus is kept on the goal. Mayor Johnson stated the committee is a way to get the public involved in the City's financial issues; questioned whether every member should be required to be a resident; stated Alameda business owners, who are not residents, could be valuable; the committee should decide on whether a facilitator is needed. Councilmember deHaan stated the intention would be to have a facilitator gather data. Councilmember Matarrese stated the Chair would drive the meeting, not the facilitator. Mayor Johnson stated that she is thinking of a secretary. Councilmember Matarrese stated that he is fine with having an Alameda business owner serve on the committee; the number of members should be set now. Councilmember Gilmore recommended that the committee not exceed ten. Councilmember deHaan recommended that the committee not exceed eleven. Councilmember Matarrese stated that the committee would not be a consensus committee. Mayor Johnson and Councilmember Matarrese recommended that the committee consist of eleven members. Vice Mayor Tam inquired whether the labor member would not be someone associated with the City. Councilmember Matarrese stated that his intention is to include a labor union representative who does not represent City employees because of contract issues and a vested interest. Vice Mayor Tam stated having a public safety union representative participate would be good because public safety unions make up 600 Regular Meeting Alameda City Council 10 June 3, 2008 of the General Fund budget; the Climate Protection Task Force meetings were open to the public. Councilmember Matarrese stated the committee meetings would be public and noticed. Mayor Johnson stated educating the public is one of the purposes of the committee; concerted efforts should be made to let the public know about the committee. Councilmember Gilmore thanked the sub - committee and staff; suggested having someone from the real estate community serve on the committee or be used as a consultant. Councilmember Matarrese concurred with Councilmember Gilmore. Councilmember deHaan stated that heavy financial expertise is needed; tax experts could provide briefings. Councilmember Gilmore stated that the real estate representative would not have to be on the committee, but could be a consultant. Councilmember Matarrese stated a real estate representative could be used from a financial standpoint. Mayor Johnson stated looking longer than ten years is important. Councilmember Matarrese stated the committee would look at a long horizon, which would not be less than ten years. Mayor Johnson suggested membership be placed on the next Council agenda. The Development Services Director stated that she is not sure whether the matter could be brought to Council that fast. Mayor Johnson stated recommendations could be brought to Council at the first meeting in July and voted on at the same meeting. Councilmember deHaan stated that Council would hand select the members. Bill Smith, Alameda, discussed involvement in the community. Kevin Kennedy, City Treasurer, stated the proposed committee is a good idea; times are tough right now; distinguishing between formal and informal members is important; encouraged Council to keep the committee small and nimble so that things can be accomplished. Regular Meeting Alameda City Council 1 1 June 3, 2008 Mayor Johnson stated the committee would need to be high profile and should be used to educate the public about budgeting and economic realities. Kevin Kearney, City Auditor, stated some ideas are already in place; reinventing the wheel is not necessary; information needs to be updated; the main goal is to educate the public. Councilmember deHaan stated past, good faith decisions are starting to bite the City today; future needs should be reviewed; having everyone [committee members] show up for every meeting would be difficult. Mayor Johnson stated the committee would not have quorum requirements. Councilmember Matarrese stated the members should understand that there are expectations to meet twice a month, more or less, and deliver a product within the six -month timeframe. Councilmember Gilmore thanked the City Treasurer and City Auditor for taking charge and being excited; stated that she agrees educating the public is an important function; citizens do not understand fund source restrictions. The City Treasurer stated committee members should be tasked with addressing revenues and expenditures; members would gather information independently; members should have no vested interest in issues being discussed; issues need to be reviewed impartially. Councilmember Gilmore moved approval of moving forward with the Fiscal Sustainability Committee along the lines set out in the staff report; limiting the membership to eleven; and removing the requirement that members be Alameda residents. Mayor Johnson inquired whether a non - resident 25% cap should be included in the motion. Councilmember Gilmore stated that she would rather leave the cap up to the committee; the committee should have the flexibility to get the job done. Vice Mayor Tam seconded the motion. Under discussion, Vice Mayor Tam stated nominated experts would be performing a community service, which would be greatly appreciated. Regular Meeting Alameda City Council 12 June 3, 2008 (08 -250) Report on proposed PERS Golden Handshake Retirement under California Government Code Section 20903. Withdrawn. ORAL COMMUNICATIONS, NON- AGENDA (Public Comment) (08 -251) Michael John Torrey, Alameda, stated that the Federal Emergency Management Agency (FEMA) would perform a disaster preparedness demonstration in the City of Oakland on June 25, 2008, between 10:00 a.m. and 3:00 p.m. COUNCIL REFERRALS None. COUNCIL COMMUNICATIONS None. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Regular City Council Meeting at 11:40 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 13 June 3, 2008