2003-10-07 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- - OCTOBER 7, 2003- -7:30 P.M.
Mayor Johnson convened the Regular Meeting at 8:03 p.m.
ROLL CALL - Present: Councilmembers Daysog, Gilmore, Kerr,
Matarrese and Mayor Johnson - 5.
Absent: None.
AGENDA CHANGES
(03 -441) Mayor Johnson announced that final passage of the
ordinance amending Alameda Municipal Code Subsection 30 -57.7
[paragraph no. 03 -457] would be held over to the October 21, 2003
Regular Council Meeting.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(03 -442) Proclamation declaring October 20 through October 24,
2003 as "National Business Women's Week."
Mayor Johnson read the Proclamation and presented it to Kimberlee
Garfinkle, Chair of the Women's Week Event for the Isle Business
and Professional Women.
(03 -443) Proclamation declaring October 2003 as "Disability
Awareness Month."
Mayor Johnson read the Proclamation and presented it to Adrienne
Longley -Cook and Toby Berger of the Mayor's Committee on Disability
Issues.
(03 -444) Proclamation congratulating BANANAS for thirty years of
service to Alameda.
Mayor Johnson read the Proclamation and presented it to Lillian
Chow of BANANAS.
CONSENT CALENDAR
Mayor Johnson announced that the recommendation to adopt Plans and
Specifications for demolition of City -Owned property at 2310
Lincoln Avenue [paragraph no. 03 -448] and the recommendation to
award Contract to Rubicon Enterprises, Inc. [paragraph no. 03 -450]
were removed from the Consent Calendar for discussion.
Councilmember Kerr moved approval of the remainder of the Consent
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October 7, 2003
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.]
( *03 -445) Minutes of the Special Joint City Council and Community
Improvement Commission (CIC) Meeting held on September 2, 2003; the
Special City Council Meeting held on September 15, 2003; and the
Regular City Council Meeting held on September 16, 2003. Approved.
( *03 -446) Recommendation to accept Quarterly Financial Report for
Period Ending June 30, 2003. Accepted.
( *03 -447) Recommendation to accept approximately seven acres at the
Former East Housing /Fleet Industrial Supply Center site via a
Quitclaim Deed from the Community Improvement Commission in
consideration of the Agreement by and between the City of Alameda
and the Alameda Unified School District. Accepted.
(03 -448) Recommendation to adopt Plans and Specifications and
authorize Call for Bids for demolition of City -Owned property at
2310 Lincoln Avenue (Lin -Oaks Motel), No. P.W. 08- 03 -16.
Councilmember Matarrese stated the action is a milestone to a new
main library; thanked staff and the Library Building Team for
keeping the project on target.
Councilmember Matarrese moved approval of the staff recommendation.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
( *03 -449) Recommendation to award Contract in the amount of
$280,809 to Priority Roofing, Inc., for City Hall West Roof
Replacement Project, No. P.W. 12 -02 -10 and Modify Fiscalyear 2003-
2004 Budget. Accepted.
(03 -450) Recommendation to award Contract in the amount of $80,560
to Rubicon Enterprises, Inc., for Landscape Maintenance of Median
Strips and Special Areas for the Period of November 1, 2003,
through June 30, 2004, No. P.W. 06- 03 -13.
Councilmember Matarrese noted landscape maintenance has been a
recent topic of discussion; requested an explanation of the
penalties for lack of performance.
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The Public Works Director stated the Public Works Department worked
with the City Attorney's Office on the Contract; various options
that could be used as penalties for a contractor's non - performance
were reviewed; the process considered the most appropriate for the
type of work was: 1) putting the contactor on notice, 2) requesting
that the contractor remedy the situation, and 3) if the situation
is not remedied, terminating the Contract; liquidated damages were
determined not to be the appropriate vehicle for a maintenance
contract; liquidated damages could be used for capital improvement
projects, which have a targeted construction date; liquidated
damages apply when the targeted construction date is not met;
liquidated damages are not appropriate for landscape maintenance,
which is an annual project with weekly monitoring and monthly
payment.
Mayor Johnson inquired whether the City is being very specific
about its performance standards; stated if there is a problem, the
City should be able to give notice; inquired the amount of time
between giving notice and termination.
The Public Works Director responded there is a seven -day
termination clause.
Mayor Johnson inquired the amount of time the Contract would be
given to have landscape maintenance meet the City's standard if
there is a problem.
The City Attorney responded two days; further stated the Contract
is annual; the City can withhold payments or terminate; the
termination clause is strict and only provides a two -day cure
period; the agreement can be terminated forthwith by giving written
notice; the City can also terminate on seven days' notice without
cause.
The City Manager stated Public Works would actively manage the
Contract.
Councilmember Gilmore inquired whether staff expects to use the
$15,000 being allocated from General Fund reserve.
The City Manager stated the $15,000 was needed to make the Contract
work; noted the matter will be addressed in next budget cycle.
Mayor Johnson inquired whether the City is seeking damages from the
previous contractor that caused problems.
The City Attorney stated that she would provide a report on the
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October 7, 2003
matter.
Councilmember Matarrese stated in the event of non - performance, the
City has to assume the maintenance until a new contractor is hired;
taking Public Works employees from other duties is of concern.
Mayor Johnson stated the contractor should be made aware that the
City is very serious about performance.
Councilmember Matarrese moved approval of the staff recommendation.
Vice Mayor Daysog seconded the motion, which carried by unanimous
voice vote - 5.
( *03 -451) Resolution No. 13635, "Amending Resolution No. 12243 to
Clarify the Implementation of the Storm Water Utility Fees."
Adopted; and
( *03 -451A) Resolution No. 13636, "Amending the Master Fee
Resolution to Establish an Application Fee for a Determination with
Respect to the Storm Water Utility Fee." Adopted.
( *03 -452) Resolution
Submit an Application
Board (CIWMB) for a
Amnesty Day Grant."
No. 13637, "Authorizing the City Manager to
to the California Integrated Waste Management
Local Government Waste Tire Education and
Adopted.
( *03 -453) Introduction of Ordinance Amending Ordinance No. 2776
N.S. and Granting a 5 -Year Extension of Non - Exclusive Cable
Television Franchise to Comcast of Alameda, Incorporated.
Introduced.
( *03 -454) Ratified bills in the amount of $3,023,106.32.
REGULAR AGENDA ITEMS
(03 -455)
Initiative
Take Local
Resolution
No. 13638, "Supporting
to Require Voter Approval Before
Tax Funds." Adopted.
a Statewide Ballot
State Government May
Councilmember Kerr stated the League of California Cities is going
to place a statewide initiative on the ballot next year; the
initiative protects local revenues to allow cities to fund police,
fire, recreation, public works, etc.; the final wording has not
been adopted; the overall purpose of the resolution is to support
the League's efforts; the Education Revenue Augmentation Fund
(ERAF) shift takes $4 million out of the City's budget each year;
most candidates running for governor [in the recall election]
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October 7, 2003
indicated that they plan to repeal the Vehicle License Fee (VLF)
increase; the VLF is constitutionally guaranteed to fund local
services; if the State does not provide backfill, the City will
have serious problems funding public safety; a constitutional
amendment is needed to protect local taxes.
Councilmember Kerr moved adoption of the resolution.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
(03 -456) Introduction of Ordinance Approving and Authorizing a
Purchase and Sale Agreement with Harbor Bay Storage LLC and Joint
Escrow Instructions for Sale of Parcels 109 -5 (Harbor Bay Storage
Leased Fee Interest), Parcel 109 -2 (Old Maitland Drive), and Parcel
109 -4 (a Remainder Parcel). Introduced;
(03 -456A) Recommendation to provide direction regarding deposit of
a specified portion of the Proceeds of Sale into a separate Fund
whose use would be determined by Council at a later time; and
(03 -456B) Resolution No. 13639, "Waving Parcel Map Requirements for
Parcels 109 -2 and 109 -4 (Harbor Bay Parkway /Maitland Drive)."
Adopted.
Councilmember Gilmore stated the appraisal was dated July 24, 2002;
requested confirmation that nothing significant has happened in the
interim which would require an updated appraisal.
The Redevelopment Manager responded in the affirmative; stated
there have been no changes.
Councilmember Matarrese moved approval of the purchase
[introduction of the ordinance].
Councilmember Matarrese stated that he would like to make a
separate motion to give direction on where the proceeds should be
deposited.
Mayor Johnson inquired whether Councilmember Matarrese was
requesting that the matter of the proceeds be placed on a future
Council agenda, to which Councilmember Matarrese responded in the
affirmative.
Mayor Johnson stated the staff recommendation is: "by motion
provide direction regarding deposit of a specified portion of the
sale proceeds into a separate fund whose use would be determined by
Council at a later date."
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October 7, 2003
The City Manager stated Mayor Johnson is correct; how the Council
chooses to spend the funds is a separate issue.
Mayor Johnson stated the matter does not need to be decided
tonight.
Councilmember Matarrese inquired whether Council could provide
direction about the areas that staff should analyze.
The City Attorney responded in the affirmative; suggested that
Council vote on the introduction of ordinance separate from
providing direction.
Councilmember Gilmore seconded the motion, which carried by
unanimous voice vote - 5.
Councilmember Matarrese moved approval of the staff recommendation
regarding deposit of funds with a request that staff prepare a
report with the possibility and impacts of dedicating all of the
proceeds for capital acquisition of open space.
Councilmember Gilmore suggested that the motion be amended to
dedicate the funds to maintenance of open space, in addition to
acquisition; stated there has to be a way to pay for maintenance of
open space; proceeds should not be limited to acquisition.
Mayor Johnson stated Council should be open to consider as many
options as possible; Councilmembers could make suggestions; ideas
should not be restricted; the funds are going into a separate fund
and will not dwindle away.
Councilmember Matarrese stated that he accepted the amendment to
the motion.
Councilmember Gilmore seconded the motion.
Under discussion, Mayor Johnson noted Councilmembers could suggest
ideas that have not been raised tonight.
The City Manager stated staff would schedule a meeting to address
the issue in the next thirty to sixty days; before the matter
returns to Council, Councilmembers have the opportunity to provide
feedback; requested Councilmembers submit suggestions to him.
Mayor Johnson stated staff should also present ideas.
Vice Mayor Daysog requested that the report include existing
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policies that give direction on use of funds.
The City Manager stated the Council has great latitude in deciding
how to spend City resources; financial, park, and General Plan
policies would be included in the report.
On the call for the question, the motion carried by unanimous voice
vote - 5.
Councilmember Matarrese moved adoption of the resolution.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
(03 -457) Final Passage of Ordinance Amending the Alameda Municipal
Code by Amending Subsection 30 -57.7 (Exemptions) of Section 30 -57
(Alameda Water Reuse), of Article IIIA (Alameda Water Reuse) of
Chapter XXX (Development Regulations) Relating to Water Reuse.
Held over.
ORAL COMMUNICATIONS, NON- AGENDA
None.
COUNCIL COMMUNICATIONS
(03 -458) Consideration of Mayor's nomination for appointment to
the Golf Commission.
Mayor Johnson nominated Robert Wood for reappointment to the Golf
Commission.
(03 -459) Consideration of Mayor's nominations (2) for appointment
to the Recreation and Park Commission.
Mayor Johnson nominated Jay Ingram and Bruce Reeves for
reappointment to the Recreation and Park Commission.
(03 -460) Vice Mayor Daysog noted that the early election results
with 50 of the polls in indicated that the voters support the
recall and Arnold Schwarzenegger.
(03 -461) Mayor Johnson noted that the City Clerk would work to
have early voting available in Alameda for future elections.
Councilmember Kerr noted the City Clerk's Office answered over 200
election calls today.
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October 7, 2003
ADJOURNMENT
There being no further business, Mayor Johnson adjourned the
Regular Meeting at 8:40 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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October 7, 2003