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CityCouncil,2008-09-02,1,"MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL MEETING
TUESDAY - -SEPTEMBER 2, 2008- -7:30 P.M.
Mayor Johnson convened the Regular Meeting at 8:09 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
(08-364) Presentation by East Bay Regional Park District regarding
Measure WW on the November 4, 2008 ballot.
Doug Siden, East Bay Regional Park District Board of Director, gave
a Power Point presentation and provided a handout.
Vice Mayor Tam stated there is a correlation between population and
the amount of allocation; inquired whether funds would go into an
earmarked fund within the Park District or whether cities would
select projects for funding.
Mr. Siden responded the process is the same as the State's in terms
of acquisition.
(08 - 365 ) Proclamation declaring the week of September 15 through
21, 2008 as National Pollution Prevention Week 2008 and September
20, 2008 as Coastal Cleanup Day 2008.
Mayor Johnson read and presented the proclamation to Sharol Nelson-
Embry, Supervising Naturalist, East Bay Regional Park District Crab
Cove Visitor Center.
Ms. Nelson-Embry stated that she is pleased to partner with the
City and Alameda County Industries; thanked Council for the
proclamation.
(08-366) Presentation of the official poem commemorating the
reopening of the Historic Alameda Theater, written by Alameda Poet
Laureate Mary Rudge.
The Development Services Manager introduced Poet Laureate Mary
Rudge.
Regular Meeting
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September 2, 2008",CityCouncil/2008-09-02.pdf
CityCouncil,2008-09-02,2,"Poet Laureate Mary Rudge read the poem.
Mayor Johnson thanked Ms. Rudge for the poem.
Ms. Rudge invited all poets to read their poems at the Main Library
on the first Wednesday of every month from 6:00 p.m. to 8:00 p.m.
(08 - 367) Presentation by the West Alameda Business Association on
the Webster Street Jam.
Kathy Moerhing, West Alameda Business Association, presented mugs
and wine glasses and provided a handout. stated the name of the
festival has been changed to Webster Street Jam because Skippy
Peanut Butter is no longer on Webster Street.
(08-368) Presentation regarding the Community Health Action Team
and code compliance activities.
The Code Compliance Officer gave a Power Point presentation.
Mayor Johnson stated different methods have been tried with
blighted properties in the past the receivership process has been
successful; thanked and congratulated everyone who worked on the
matter.
Councilmember Matarrese requested an explanation on decentralized
decision making.
The Code Compliance Officer stated Police and Fire Department staff
are involved in addition to the Senior Code Compliance Officer and
Building Official; a collaborative approach is used for decision
making.
Councilmember Matarrese requested an explanation of the
receivership process.
The Code Compliance Officer stated property owners are given ample
opportunity to comply [with Code Enforcement ] requirements the
Court is petitioned when there is no other available remedy, and
the community is affected; the Court appoints the receiver, who
becomes an agent of the Court; the receiver becomes the master lien
holder and rehabilitates the property to minimum code compliance;
the receiver reports back to the Court on a monthly basis. the
property owner has the opportunity to get the property back, minus
the City's legal costs and the receiver's costs; the Judge could
order the property to be sold if there is not enough equity if
sold; the receiver receives money, the City's legal costs are paid,
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September 2, 2008",CityCouncil/2008-09-02.pdf
CityCouncil,2008-09-02,3,"and the property owner receives any money left over; the City is
not involved once a receiver is appointed.
Mayor Johnson stated the historic Central Avenue structure near
Encinal High School was demolished without permits inquired
whether staff considered a receivership for said property.
The Code Compliance Officer responded that the property owner is
working with the Planning and Building Department; stated staff is
very optimistic that improvements will be made within the next two
or three months.
CONSENT CALENDAR
Councilmember Matarrese moved approval of the Consent Calendar.
Councilmember deHaan seconded the motion, which carried by
unanimous voice vote - 5. [Items so enacted or adopted are
indicated by an asterisk preceding the paragraph number. . ]
(*08-369 - Minutes of the Regular City Council Meeting held on
August 19, 2008. Approved.
(*08-370) Ratified bills in the amount of $3,100,317.95
(*08-371) Recommendation to accept the quarterly progress report on
implementing the local Action Plan for climate protection.
Accepted.
(*08-372) Resolution No. 14263, ""Approving an Amendment of the
Joint Exercise of Powers Agreement for the Alameda County Waste
Management Authority. Adopted.
REGULAR AGENDA ITEMS
(08-373) - Resolution No. 14264, ""Commending Audrey Lord-Hausman for
Her Contributions to the Alameda Community. "" Adopted.
Councilmember Matarrese moved adoption of the resolution.
Vice Mayor Tam seconded the motion, which carried by unanimous
voice vote - 5.
Mayor Johnson read the resolution.
Ms. Lord-Hausman thanked Council for the resolution; stated that
she has had the pleasure of working with so many committed people.
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September 2, 2008",CityCouncil/2008-09-02.pdf
CityCouncil,2008-09-02,4,"(08-374) Recommendation to accept the Quarterly Sales Tax Report
for the period ending March 31, 2008.
The Interim Finance Director gave a brief presentation.
Mayor Johnson stated first quarter 2008 Alameda Towne Centre sales
transactions increased by 11.4% compared to first quarter 2007;
current sales tax revenue is less than in 1999; inquired what was
the reason for the significant drop in first quarter of 2000.
The City Manager responded Lucent Technology left; stated the
numbers are gross sales tax per capita.
Mayor Johnson stated per capita sales tax was $89.00 for the first
quarter in 1998; current per capita sales tax is $76.00; a lot of
work needs to be done; residents are spending money in other
communities.
The Interim Finance Director stated sales leakage is high.
Mayor Johnson stated that she is pleased with the numbers for
Alameda Towne Centre; the City cannot hang its hat on one tenant at
Harbor Bay Business Park.
Councilmember deHaan stated the good news is that business-to-
business has increased.
The City Manager stated that a business relocated from San Leandro
and contributed to the increase.
Councilmember deHaan stated the Bridgeside Center shows a major
increase; the work at Bridgeside has been going on for six years.
Mayor Johnson stated the work at Bridgeside started ten years ago.
The City Manager stated that this is the first time that Alameda
Towne Centre has not been reported as being under construction.
Councilmember Matarrese stated staff should be able to measure some
Theatre and parking structure investment return soon.
The staff recommendation was approved by consensus.
(08-375) Discuss and take a position on Proposition 11, the
California Voters FIRST Act.
The Deputy City Manager gave a brief presentation.
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September 2, 2008",CityCouncil/2008-09-02.pdf
CityCouncil,2008-09-02,5,"Mayor Johnson inquired whether the Proposition has a formula that
the proposed Commission would use to establish districts.
The Deputy City Manager responded the Commission has guidelines.
Mayor Johnson stated the guidelines are vague; that she is not sure
whether the measure would solve the problem.
Ms. Quick, League of Women Voters of Alameda, stated there are a
series of requirements regarding how the districts would be drawn;
districts must be drawn according to clear mapping rules in the
following order : 1) equal population between districts, 2) respect
for the Voting Rights Act, and 3) respect for County, cities, and
communities of interest.
Mayor Johnson inquired whether the Voting Rights Act applies to
federal districts also.
Ms. Quick responded in the affirmative; stated Congressional
representatives do not want to include Congressional districts; the
process is very transparent
Mayor Johnson stated federal districts are as bad or worse than
some of the State districts.
Joanne McKray, League of Women Voters of Alameda, stated the Voting
Rights Act is a result of the Civil Rights era to protect
minorities from abuse; the courts have not been kind to the Act ;
the courts state that legislative privilege takes preference over
the Voting Rights Act; the Voting Rights Act would be strengthened
if the Proposition passes and would be part of the California
constitution for the first time.
Mayor Johnson stated the political system is not working very well;
that she is worried that the system would be substituted with
another political system which would allow people to fight with
communities of interest to create voting districts.
Councilmember Matarrese stated that he supports the measure because
the redistricting process would be open and has rules.
Councilmember deHaan stated gerrymandering has worsened over the
years; that he is surprised that the issue is still discussed.
Ms. McKray stated that California has been dubbed as one of the
dirty dozen.
Ms. Quick stated that Hispanic and African American communities
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Alameda City Council
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September 2, 2008",CityCouncil/2008-09-02.pdf
CityCouncil,2008-09-02,6,"have been cut up because of legislators' self-interests.
Councilmember deHaan stated that he supports the Proposition.
Vice Mayor Tam stated the matter is an issue in Alameda; the
Proposition is a substantial improvement; that she was involved in
the 2000 redistricting processi everything was done behind closed
doors and there was no transparency; the two-thirds vote
requirement is one of Sacramento's gridlock symptoms the
Proposition is a good step forward; San Leandro, Berkeley, and
Hayward are supportive of the Proposition; supporting the
Proposition is appropriate for Alameda.
Vice Mayor Tam moved approval of endorsing Proposition 11.
Councilmember deHaan seconded the motion, which carried by
unanimous voice vote - 5.
Mayor Johnson stated closed-door meetings happen at the State level
all the time; inquired whether anything can be done about the
matter.
Ms. Quick responded the State League of Women Voters addresses the
issue often.
Mayor Johnson stated that she does not understand why governments
are afraid of being open; Alameda is very open.
ORAL COMMUNICATIONS, NON-AGENDA
(08-376) Bill Smith, Alameda, discussed the open meeting process.
(08-377) - Mary Rudge, Alameda, thanked the League of Women Voters
for the hard work; stated women were not able to vote ninety years
ago.
COUNCIL REFERRALS
None.
COUNCIL COMMUNICATIONS
(08-378 ) Consideration of Mayor's nominations for appointment to
the Youth Advisory Commission.
Mayor Johnson nominated Lamont Carter; stated nominations would be
continued for remaining vacancies.
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September 2, 2008",CityCouncil/2008-09-02.pdf
CityCouncil,2008-09-02,7,"(08-379 - ) Councilmember deHaan stated the Buena Vista Commons has
eight new owners as a result of collaborative efforts with Alameda
Development Corporation; Habitat for Humanity was the driving
force; he hopes that additional partnerships will occur in the
future.
ADJOURNMENT
There being no further business, Mayor Johnson adjourned the
Regular Meeting at 9:40 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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September 2, 2008",CityCouncil/2008-09-02.pdf
CityCouncil,2008-09-02,8,"MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND
PUBLIC UTILITIES BOARD (PUB) MEETING
TUESDAY- - -SEPTEMBER 2, 2008- -6:30 p.m.
Mayor Johnson convened the Special Joint Meeting at 6:35 p.m.
ROLL CALL - Present : Councilmembers
deHaan,
Gilmore,
Matarrese, Tam, and Mayor Johnson; Board
Members Hamm, Holmes, Kurita, McCahan,
and McCormick - 10.
Absent :
None.
The Special Joint Meeting was adjourned to Closed Session to
consider:
(08-362) Conference with Legal Counsel - Anticipated Litigation;
Significant Exposure to Litigation Pursuant to Subdivision (b) of
Section 54956.9; Number of cases One.
Following the Closed Session, the Special Joint Meeting was
reconvened and Mayor Johnson announced that Council and the PUB
received a briefing from Legal Counsel and outside Counsel
regarding anticipated litigation; no action was taken.
Adjournment
There being no further business, Mayor Johnson adjourned the
Special Meeting at 7:50 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Special Joint Meeting
Alameda City Council and
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Public Utilities Board
September 2, 2008",CityCouncil/2008-09-02.pdf
CityCouncil,2008-09-02,9,"MINUTES OF THE SPECIAL JOINT CITY COUNCIL, COMMUNITY
IMPROVEMENT COMMISSION (CIC), , AND HOUSING AUTHORITY
BOARD OF COMMISSIONERS (HABOC) MEETING
TUESDAY- - - -SEPTEMBER 2, 2008- - -7:25 P.M.
Mayor/Chair Johnson convened the Special Joint Meeting at 7:55 p.m.
Commissioner Torrey led the Pledge of Allegiance.
ROLL CALL - Present Councilmembers/Commissioners
deHaan,
Gilmore, Matarrese, Tam, Commissioner
Torrey and Mayor/Chair Johnson - 6.
Absent :
None.
AGENDA ITEM
(08-47CIC) Recommendation to approve a long-term Lease of the
Esperanza public housing complex from the Housing Authority of the
City of Alameda to the Community Improvement Commission
(08-47A CIC) Recommendation to approve the Housing Authority to
enter into a Management Agreement with the CIC to manage Esperanza:
(HABOC) Resolution No. 803, ""Regarding Disposition of Public
Housing. Adopted; and
( 08-363CC) Recommendation to authorize the Mayor to Sign a Letter
in support of the disposition of the Esperanza public housing
complex to the CIC through a long-term lease arrangement.
The Housing Authority Executive Director gave a brief presentation.
Mayor/Chair Johnson inquired how long Esperanza has been operating
in a deficit, to which the Housing Authority Executive Director
responded three years.
Mayor/Chair Johnson inquired whether deferred maintenance is the
result of the on-going deficit.
The Housing Authority Executive Director responded in the
affirmative; stated several kitchen cabinets need to be replaced as
well as tub surrounds.
Mayor/Chair Johnson inquired whether deferred maintenance would
continue if the recommendation were not approved.
The Housing Authority Executive Director responded in the
affirmative; stated nationwide, $25 billion is needed in capital
improvements for all public housing.
Special Joint Meeting
Alameda City Council and
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Public Utilities Board
September 2, 2008",CityCouncil/2008-09-02.pdf
CityCouncil,2008-09-02,10,"Bill Smith, Alameda, discussed maintenance and earthquakes.
Vice Mayor/Commissioner Tam stated that the staff recommendation is
appropriate and is a creative conversion to access more funding for
deferred maintenance; opportunities for affordable homes would
increase.
Vice Mayor/Commissioner Tam moved approval of the staff
recommendations and adoption of resolution.
Councilmember/Commissioner deHaan seconded the motion, which
carried
by
the
following
voice
vote :
Ayes:
Councilmembers/Commissioners deHaan, Gilmore, Matarrese, Tam, and
Mayor/Chair Johnson - 5. Abstentions Commissioner Torrey - 1.
ADJOURNMENT
There being no further business, Mayor/Chair Johnson adjourned the
Special Joint Meeting at 8:09 p.m.
Respectfully submitted,
Lara Weisiger, City Clerk
Secretary, Community Improvement
Commission
The agenda for this meeting was posted in accordance with the Brown
Act.
Special Joint Meeting
Alameda City Council and
2
Public Utilities Board
September 2, 2008",CityCouncil/2008-09-02.pdf