{"body": "CityCouncil", "date": "2013-06-18", "page": 1, "text": "MINUTES OF THE SPECIAL CITY COUNCIL MEETING\nTUESDAY-JUNE 18, 2013--6:00 P.M.\nMayor Gilmore convened the meeting at 6:02 p.m.\nRoll Call -\nPresent:\nCouncilmembers Chen, Daysog, Ezzy Ashcraft, Tam and\nMayor Gilmore - 5.\n[Note: Councilmember Daysog arrived at 6:03 p.m.]\nAbsent:\nNone.\nThe meeting was adjourned to Closed Session to consider:\n(13-295) Public Employee Performance Evaluation (54957); Title and name: City Clerk\nLara Weisiger\nFollowing the Closed Session the meeting was reconvened and Mayor Gilmore\nannounced that there was nothing to report.\nAdjournment\nThere being no further business, Mayor Gilmore adjourned the meeting at 7:08 p.m.\nRespectfully submitted,\nLara Weisiger\nCity Clerk\nThe agenda for this meeting was posted in accordance with the Sunshine Ordinance.\nSpecial Meeting\nAlameda City Council\nJune 18, 2013", "path": "CityCouncil/2013-06-18.pdf"}
{"body": "CityCouncil", "date": "2013-06-18", "page": 2, "text": "MINUTES OF THE REGULAR CITY COUNCIL MEETING\nTUESDAY-JUNE - 18, 2013- 7:00 P.M.\nMayor Gilmore convened the meeting at 7:04 p.m. Councilmember Tam led the Pledge\nof Allegiance.\nROLL CALL -\nPresent:\nCouncilmembers Chen, Daysog, Ezzy Ashcraft, Tam\nand Mayor Gilmore - 5.\nAbsent:\nNone.\nAGENDA CHANGES\nNone.\nPROCLAMATIONS, SPECIAL ORDERS OF THE DAY & ANNOUNCEMENTS\n(13-296) Proclamation Declaring June 22 and 23 as Relay for Life of Alameda Days.\nMayor Gilmore read and presented the proclamation to Lisa Leverton.\nThanked the City for the Proclamation: Michael John Torrey, Alameda.\nORAL COMMUNICATIONS, NON-AGENDA\n(13-297) Michael John Torrey, Alameda, announced upcoming events.\nCONSENT CALENDAR\nMayor Gilmore noted that she would recuse herself from voting on the amendment to\nthe agreement with Waterworks Engineers [paragraph no. *13-302].\nVice Mayor Ezzy Ashcraft moved approval of the remainder of the Consent Calendar.\nCouncilmember Tam seconded the motion, which carried by unanimous voice vote - 5.\n[Items so enacted or adopted are indicated by an asterisk preceding the paragraph\nnumber.]\n(*13-298) Minutes of the Special and Regular City Council Meetings Held on May 21,\n2013. Approved.\n(*13-299) Ratified bills in the amount of $1,554,376.11.\n(*13-300) Recommendation to Approve Contract with Alameda Journal for Legal\nAdvertising. Accepted.\nRegular Meeting\nAlameda City Council\n1\nJune 18, 2013", "path": "CityCouncil/2013-06-18.pdf"}
{"body": "CityCouncil", "date": "2013-06-18", "page": 3, "text": "(*13-301) Recommendation to Approve a First Amendment to the Landscape\nMaintenance Management Agreement in the Amount of $301,701 to Marina Village\nCommercial Association to Maintain the Landscape and Lighting District, Zone 6,\nMarina Village. Accepted.\n(*13-302) Recommendation to Approve a First Amendment to Agreement in the Amount\nof $57,000 to Waterworks Engineers for the Preparation of Engineering Documents for\nthe Relocation of the Lagoon Seawall and the Clinton Avenue Extension, No. P.W. 01- -\n12-03. Accepted.\n[Note: Mayor Gilmore recused herself from voting on the matter.]\n(*13-303) Recommendation to Award a Contract in the Amount of $122,055 to SAK\nConstruction to Perform a Cured-in-Place Pipe Sewer Pipe Lining, Allocate $27,945 in\nContingencies, and Authorize the City Manager to Execute All Necessary Documents.\nAccepted.\n(*13-304) Recommendation to Award a Contract in the Amount of $224,422 and\nAllocate $44,885 in Contingencies to National Plant Services, Inc. for Citywide Sewer\nMains Video Inspection and Cleaning, Phase 6, No. P.W. 01-13-01. Accepted.\n(*13-305) Recommendation to Accept the Work of Suarez & Munoz, Inc. for the Park\nStreet Streetscape Project, No. P.W. 10-09-30. Accepted.\n(*13-306) Recommendation to Accept the Work of Columbia Electric for Streetlight\nInstallation and Planting of Trees within the Woodstock to Webster Neighborhood\nImprovement Project Area. Accepted.\n(*13-307) Recommendation to Authorize the City Manager to Execute an Amendment to\nan Agreement with Russell Resources for Environmental Consulting Services for\nAlameda Point Extending the Term for 12 Months and Adding $144,500 to the Project\nBudget. Accepted.\n(*13-308) Resolution No. 14819, \"Amending the Memorandum of Understanding\nBetween the City of Alameda and the Alameda Fire Chiefs Association, June 30, 2013 -\nJune 24, 2017, and Approve First Amended Appendix A, Salary Schedule.\" Adopted.\nREGULAR AGENDA ITEMS\n(13-309) Resolution No. 14820, \"Appointing Zara Santos as a Member of the Civil\nService Board\" Adopted;\n(13-309 A) Resolution No. 14821, \"Appointing Nielsen Tam as a Member of the\nCommission on Disability Issues\". Adopted;\n(13-309 B) Resolution No. 14822, \"Appointing Ethel Warren as a Member of the\nRegular Meeting\nAlameda City Council\n2\nJune 18, 2013", "path": "CityCouncil/2013-06-18.pdf"}
{"body": "CityCouncil", "date": "2013-06-18", "page": 4, "text": "Commission on Disability Issues\". Adopted;\n(13-309 C) Resolution No. 14823, \"Appointing Wendy Wilkinson as a Member of the\nCommission on Disability Issues\". Adopted;\n(13-309 D) Resolution No. 14824, \"Appointing Donna Rauk as a Member of the\nHistorical Advisory Board\". Adopted;\n(13-309 E) Resolution No. 14825, \"Appointing Nancy Lewis as a Member of the Library\nBoard.' Adopted;\n(13-309 E) Resolution No. 14826, \"Appointing Suzanne Whyte as a Member of the\nLibrary Board\". Adopted;\n(13-309 G) Resolution No. 14827, \"Reappointing John Knox White as a Member of the\nPlanning Board\". Adopted;\n(13-309 H) Resolution No. 14828, \"Reappointing Lorre Zuppan as a Member of the\nPlanning Board\". Adopted;\n(13-309 !) Resolution No. 14829, \"Appointing Ann McCormick as a Member of the\nPublic Utilities Board\". Adopted;\n(13-309 J) Resolution No. 14830, \"Appointing Nicole Blake as a Member of the Social\nService Human Relations Board\". Adopted;\n(13-309 K) Resolution No. 14831, \"Appointing Sonia Xu as a Member of the Youth\nAdvisory Commission\". Adopted.\nCouncilmember Tam moved adoption of the resolutions.\nCouncilmember Daysog seconded the motion, which carried by unanimous voice vote -\n5.\nThe City Clerk administered the Oath of Office and presented Certificates of\nAppointment to Zara Santos, Nielsen Tam, Nancy Lewis, Suzanne Whyte, John Knox\nWhite and Nicole Blake.\n(13-310) Introduction of Ordinance Amending Municipal Code Section 5-7.1 - Penalty\nfor Nonpayment of Annual, Quarterly or Semi-Annual Business License. Introduced.\nThe Controller gave a brief presentation.\nVice Mayor Ezzy Ashcraft moved introduction of the Ordinance.\nCouncilmember Tam seconded the motion, which carried by unanimous voice vote - 5.\n(13-311) Resolution No. 14832, \"Approving the Engineer's Report, Confirming Diagram\nand Assessment, and Ordering the Levy of Assessments, Island City Landscaping and\nLighting District 84-2, All Zones\". Adopted.\nRegular Meeting\nAlameda City Council\n3\nJune 18, 2013", "path": "CityCouncil/2013-06-18.pdf"}
{"body": "CityCouncil", "date": "2013-06-18", "page": 5, "text": "The Public Works Coordinator gave a brief presentation.\nVice Mayor Ezzy Ashcraft inquired whether power washing would remove gum, to which\nthe Public Works Coordinator responded in the affirmative; noted power washing is\ncostly.\nCouncilmember Daysog recused himself and left dais.\nCouncilmember Tam moved adoption of the resolution.\nVice Mayor Ezzy Ashcraft seconded the motion.\nUnder discussion, Councilmember Chen stated that he would abstain from voting on the\nmatter since his wife has a business in the District.\nOn the call for the question, the motion carried by the following voice vote: Ayes:\nCouncilmembers Ezzy Ashcraft, Tam and Mayor Gilmore - 3. Abstentions:\nCouncilmembers Chen and Daysog - 2.\n(13-312) Resolution No. 14833, \"Approving the Engineer's Report, Confirming Diagram\nand Assessment, and Ordering the Levy of Assessments, Maintenance Assessment\nDistrict 01-01 (Marina Cove)\". Adopted.\nThe Public Works Coordinator gave a brief presentation.\nCouncilmember Tam moved adoption of the resolution.\nCouncilmember Daysog seconded the motion, which carried by unanimous voice vote -\n5.\n(13-313) Resolution No. 14834, \"Tentative Subdivision Map Applications Located\nAdjacent to 2700 Fifth Street. Applicant: BKF Engineering on Behalf of TriPointe\nHomes and Catellus. A Proposed Tentative Map Application to Develop Two\nSubdivisions: a 108-Lot, 199-Unit Subdivision on a 19.1-Acre Property; and a 9-Lot, 56-\nUnit Subdivision on a 4.2-Acre Property\". Adopted.\nThe City Planner gave a brief presentation.\nCouncilmember Tam moved adoption of the resolution.\nVice Mayor Ezzy Ashcraft stated seeing the project move along is exciting.\nCouncilmember Chen inquired whether the project is subject to affordable housing, to\nwhich the City Planner responded in the affirmative; stated 15% affordable housing\nwould be spread throughout the project.\nRegular Meeting\nAlameda City Council\n4\nJune 18, 2013", "path": "CityCouncil/2013-06-18.pdf"}
{"body": "CityCouncil", "date": "2013-06-18", "page": 6, "text": "Councilmember Daysog stated the project started in 1997; thanked staff for meeting\nwith him to address questions; stated there should be some kind of commemoration of\nDon Parker for his contributions.\nCouncilmember Tam thanked staff; stated the community is interested in tempering the\namount of asphalt; two Planning Board members are addressing street width with the\nFire Department; work will be done to enhance walkability.\nCouncilmember Tam moved adoption of the resolution.\nMayor Gilmore thanked staff and the public; stated the project would not be where it is\ntoday without the amount and quality of public input; the City will be proud of the project;\nthat she is pleased walkability is being addressed at the beginning of the process.\nVice Mayor Ezzy Ashcraft seconded the motion, which carried by unanimous voice vote\n- 5.\n(13-314) Public Hearing to Consider the Collection of Delinquent Administrative Citation\nFees, Vacant Building Monitoring Fees, Administrative Penalties and Abatement Costs\nVia the Property Tax Bills for the Subject Properties.\nThe Building Official gave a brief presentation.\nCouncilmember Chen inquired how long it takes staff to investigate from the time a\ncomplaint is filed.\nThe Chief Building Official responded the amount of time depends on the severity of the\ncomplaint; stated life safety issues are addressed within days; other issues might take\nlonger.\nCouncilmember Chen inquired whether there is a backlog, to which the Chief Building\nOfficial responded there are approximately 1,000 cases.\nIn response to Councilmember Chen's inquiry, the Chief Building Official stated five\ncases are before Council; noted some cases have been ongoing for a number of years\nand compliance has not been gained.\nIn response to Councilmember Chen's inquiry regarding staffing, the Chief Building\nOfficial stated hundreds of cases are resolved every year; noted Code Enforcement is\ntime intensive.\nCouncilmember Chen inquired whether other cities have similar backlogs, to which the\nChief Building Official responded in the affirmative; stated Alameda does not seek out\ncases; all cases are driven by complaints.\nRegular Meeting\nAlameda City Council\n5\nJune 18, 2013", "path": "CityCouncil/2013-06-18.pdf"}
{"body": "CityCouncil", "date": "2013-06-18", "page": 7, "text": "Councilmember Chen inquired how many years it would take to resolve all cases, to\nwhich the Chief Building Official responded some cases would take years even with\nadditional staff.\nCouncilmember Chen stated that he is concerned about having safety issues addressed\npromptly.\nThe Chief Building Official stated life safety cases are addressed first, along with work\nwithout permits.\nVice Mayor Ezzy Ashcraft inquired where the money goes from placing a lien on the\nproperty, to which the Chief Building Official responded the money goes to Code\nEnforcement.\nVice Mayor Ezzy Ashcraft inquired when staff expects the Roosevelt Drive case to be\nresolved.\nThe Chief Building Official responded the Roosevelt Drive case is unique; stated the\nproperty owner is not allowed in the building; the building is vacated and boarded; the\nCity could do a receivership and take over the property, which is very time consuming\nand has only been done twice before.\nVice Mayor Ezzy Ashcraft inquired whether there have been more cases due to the\ndownturn in the economy, to which the Chief Building Official responded in the negative.\nMayor Gilmore noted cases seem to be constantly cycling through Code Enforcement;\nthanked staff for the detailed information on each case.\nIn response to Councilmember Chen's inquiry regarding continuing to cite the violation,\nthe Chief Building Official stated the process continues; staff has continued to issue\nviolations for one property after presenting the staff report; the matter is presented to\nCouncil in June in order to forward the assessment to the County by July.\nVice Mayor Ezzy Ashcraft noted health and safety issues put occupants and neighbors\nin danger.\nProvided handouts and discussed 1523 Pacific Avenue: Randolph Villapando,\nRepresenting Property Owner.\nMayor Gilmore inquired whether Mr. Villapando is disagreeing with the violations or the\nfines.\nMr. Villapando responded the only violation which did not have a permit is the rear deck\nexpansion; disagreed with the framing and two water heaters claims.\nMayor Gilmore noted there are pictures documenting the violations.\nRegular Meeting\nAlameda City Council\n6\nJune 18, 2013", "path": "CityCouncil/2013-06-18.pdf"}
{"body": "CityCouncil", "date": "2013-06-18", "page": 8, "text": "Mr. Villapando stated the framing openings are not for windows and doors; the wood is\nnew because rotted out wood was replaced; the framing has been there for years.\nMayor Gilmore stated the openings appear to be for windows.\nMr. Villapando stated windows located on the property were for another project.\nMayor Gilmore inquired whether Mr. Villapando is claiming the framing has been in\nplace since the 1980s, to which Mr. Villapando responded in the affirmative; stated\nwood was only replaced.\nVice Mayor Ezzy Ashcraft outlined other violations, including theft of power; inquired\nwhether Mr. Villapando is contesting each violation, to which Mr. Villapando responded\nin the affirmative; stated that he has a rebuttal for each violation.\nVice Mayor Ezzy Ashcraft stated the Council gave 90 days to resolve the matter at the\nHearing last year and staff attempts to work with the property owner have been\nunsuccessful; inquired whether Mr. Villapando could address said matter.\nMr. Villapando responded permits exist for everything.\nMayor Gilmore stated Mr. Villapando is claiming no work has been done; inquired about\nconverting the garage and basement to habitable space.\nMr. Villapando responded there are permits and plans for said construction.\nMayor Gilmore inquired whether Mr. Villapando admits said work has been done.\nMr. Villapando responded the remodeling was done in 1976 with permits.\nMayor Gilmore inquired whether the construction was completed, to which Mr.\nVillapando responded that he does not have the final approval; stated staff is alleging\nthe work has been done without permits, but there are permits; that he would get\npermits and work with the City if he could work with a different inspector.\nCouncilmember Tam stated on September 26, 2012, the attorney indicated that he was\nno longer representing the property owner; inquired whether there was any\ncommunication with City staff regarding the permits.\nMr. Villapando responded a complaint was filed against the attorney; stated that he\nwants to work with the City.\nMayor Gilmore noted nine months have gone by with no contact.\nMr. Villapando stated that he has been compiling information.\nRegular Meeting\nAlameda City Council\n7\nJune 18, 2013", "path": "CityCouncil/2013-06-18.pdf"}
{"body": "CityCouncil", "date": "2013-06-18", "page": 9, "text": "The Chief Building Official stated the action before Council tonight is whether or not to\nlien the property; the owner has been issued 25 citations and each citation was\nappealable.\nVice Mayor Ezzy Ashcraft inquired whether the City would have a copy of any permit\nissued to a property owner, to which the Chief Building Official responded in the\naffirmative.\nVice Mayor Ezzy Ashcraft inquired whether the Building Department would not have\nissues citations if building permits had been issued, to which the Chief Building Official\nresponded staff would not have done so.\n***\nCouncilmember Daysog left the dais at 8:08 p.m. and returned at 8:09 p.m.\n*\nMayor Gilmore stated permits are available electronically and automatically pop up for\nany address searched; inquired about permits which pre-date the computer system.\nThe Chief Building Official responded permits prior to 1980 are not in the computer, but\nare available on microfilm.\nMayor Gilmore stated there is new construction at the property; therefore looking back\nfurther would not be necessary.\nThe Chief Building Official stated permits exist for work done on the house in 1976;\nhowever, the framing is brand new.\nIn response to Mayor Gilmore's inquiry regarding permit expiring, the Chief Building\nOfficial stated building permits expired within 180 days in 1976 and now expire after\nthree years.\nMayor Gilmore inquired whether permits would have expired, to which the Chief\nBuilding Official responded in the affirmative; stated a County Assessor's report\nindicates work done in the late 1960s early 1970s was abandoned.\nRequested a reduction in penalty for the property at 389 Driftwood Lane: Mogeeb\nWeiss, Alameda.\nVice Mayor Ezzy Ashcraft outlined the violations.\nMr. Weiss stated everything already existed and was simply replaced.\nVice Mayor Ezzy Ashcraft inquired whether Mr. Weiss has applied for a permit, to which\nMr. Weiss responded in the negative.\nRegular Meeting\nAlameda City Council\n8\nJune 18, 2013", "path": "CityCouncil/2013-06-18.pdf"}
{"body": "CityCouncil", "date": "2013-06-18", "page": 10, "text": "Vice Mayor Ezzy Ashcraft stated an inspection revealed the stop work order was\nremoved and another later inspection showed additional work had been done; inquired\nwhether said statements are true.\nMr. Weiss responded the statements are correct; nothing new was built; everything was\nreplaced.\nVice Mayor Ezzy Ashcraft inquired whether two years has gone by, to which Mr. Weiss\nresponded in the affirmative.\nMayor Gilmore stated Mr. Weiss is requesting fees be reduced; however, the only\naction before Council tonight is whether or not to place an assessment on the property;\na permit was pulled on December 20, 2011 and the property owner committed to return\nwith payment in two days, which did not occur; no response was received to a series of\ncitations; on July 2, 2012 the City Council granted some leniency and Mr. Weiss still did\nnot pull a permit or contact the Building Department; Mr. Weiss does not seem like he is\ninterested in working with the City; the fees are so high because citations continue to be\nignored; requesting a fee reduction is bold.\nMr. Weiss stated imposing a fee is beyond a 1 to 10 ratio, which the Supreme Court has\nsaid is not allowed; stated that he will file a declaratory relief if the City tries to collect\nthe hefty penalty.\nVice Mayor Ezzy Ashcraft inquired whether Mr. Weiss received the 16 notices of\nviolations.\nMr. Weiss stated the issue is the hefty penalty, not whether he was informed; imposing\n$12,000 for something which would have cost several hundred dollars will have to be\njustified in Court.\nProvided background information for the property at 1523 Pacific Avenue: Anita\nLongoria, property owner's granddaughter.\nIn response to Ms. Longoria's comments, Mayor Gilmore explained the permit process;\nstated the family disagreeing how to handle the matter is not the City's responsibility;\nthe only thing before Council tonight is whether or not to lien the property.\nVice Mayor Ezzy Ashcraft urged working with the Building Department to get the house\nin compliance.\nMs. Longoria stated the amount of the fines and the rate at which the fines were\nassessed were never explained by City staff; that she does not understand why such a\nlarge amount was assessed in such a short period of time.\nCouncilmember Tam stated the question is valid and should be addressed.\nRegular Meeting\nAlameda City Council\n9\nJune 18, 2013", "path": "CityCouncil/2013-06-18.pdf"}
{"body": "CityCouncil", "date": "2013-06-18", "page": 11, "text": "Ms. Longoria expressed concern about the matter being complicated.\nVice Mayor Ezzy Ashcraft stated the total amount due as of June 18th is $27,750.\nIn response to Councilmember Tam's inquiry regarding the proposed lien and back\nproperty taxes, the Chief Building Official stated back property taxes were not related to\nthe City; last year, staff presented the lien to Council, which was delayed to allow 90\ndays to work with the property owner; no contact was made during the 90 days; a\ncitation was sent after the 90 days; there is $27,000 in outstanding liens on the property;\ncitations are issued on a fairly regular basis when life safety issues exist.\nVice Mayor Ezzy Ashcraft inquired what the assessment amount was one year ago.\nThe Chief Building Official responded that he does not have said amount; stated the\namount has probably increased by $7,000 or $8,000.\nMayor Gilmore stated Council directed staff to work with the property owner last year;\nnotices were sent to the property owner and there was no response.\nCouncilmember Chen inquired whether the penalty has to be cleared before permits\ncan be issued, to which the Chief Building Official responded in the affirmative.\nIn response to Councilmember Chen's further inquiry, the Chief Building Official stated if\nthe City Council liens the property, the penalty amount is cleared and permits can be\npulled.\nCouncilmember Chen inquired whether the City informs property owners that the\namount will increase, to which the Chief Build Official responded every citation issued\nincludes an explanation of the violation, the amount, and provides a time period to\ncomply prior to the amount being enforced; stated in the Pacific Avenue case, the\namount is $1,000 and 30 days were given to comply; as soon as a property owner\ncomes in and starts to work with the City, Code Enforcement stops the citation process.\nCouncilmember Chen stated people are aware of the amount; inquired whether the\n$1,000 amount is similar to other cities, to which the Chief Building Official responded\nthat he believes so; stated the first citation is $250, the second is $500 and the third and\nsubsequent citations are $1,000.\nIn response to Vice Mayor Ezzy Ashcraft's prior question, the Acting City Manager\nstated the assessment amount last year was $16,750.\nCouncilmember Tam stated the amount increased by $11,000.\nVice Mayor Ezzy Ashcraft inquired whether the citations show the total amount due, to\nwhich the Chief Building Official responded past due amounts are not included on\nRegular Meeting\nAlameda City Council\n10\nJune 18, 2013", "path": "CityCouncil/2013-06-18.pdf"}
{"body": "CityCouncil", "date": "2013-06-18", "page": 12, "text": "citations.\nCouncilmember Tam inquired whether permits cannot be pulled unless a $27,000 lien is\nplaced on the property if the owners cannot pay.\nThe Chief Building Official stated permits can be pulled after a lien is placed on the\nproperty; property owners have requested the lien be placed on the property in order to\nstart the permit process.\nMayor Gilmore inquired whether a property owner could pull permits if a payment plan is\nset up, to which the Chief Building Official responded in the affirmative; stated citations\nare issued when the City cannot gain compliance.\nIn response to Mayor Gilmore's inquiry regarding the Pacific Avenue case, the Chief\nBuilding Official stated the City would have issued permits to address the significant life\nsafety issues immediately; additional work would have had to wait until the fines were\npaid.\nVice Mayor Ezzy Ashcraft stated the Council direction last year was to work out a\npayment plan.\nIn response to Councilmember Tam's inquiry, the City Attorney stated a lien was not\nplaced last year; the property owner did not work with staff, so citations were issued to\ntry to gain compliance; direction could be given to not assess the lien again this year.\nVice Mayor Ezzy Ashcraft inquired how the lien is assessed, to which the City Attorney\nresponded there are two options: the Council could choose to levy an assessment,\nwhich would be collected with the property taxes; the other option is to impose a lien\nagainst the title, which is collected when the property is sold or foreclosed upon; staff is\nrecommending levying an assessment; the City receives payment from the County for\nassessments.\nCouncilmember Tam stated the City's objective is to get properties safe; making it\ndifficult for people to get a permit does not achieve said objective; requiring payment of\nthe fines prior to issuing a permit creates a burden; that she is not inclined to penalize\nsomeone for losing their attorney; inquired whether the property owner could get the\nproperty to meet safety codes if the lien is reduced or modified.\nMs. Longoria stated $7,500 was due in past property taxes not related to the City; the\nfamily has paid said amount and is willing to work something out with the City; that she\nthought there had been communication with the City.\nCouncilmember Tam inquired who would work with the Building Department to get the\npermits, to which Ms. Longoria responded that she would do so.\nCouncilmember Tam inquired why no one started to work with the Building Department\nRegular Meeting\nAlameda City Council\n11\nJune 18, 2013", "path": "CityCouncil/2013-06-18.pdf"}
{"body": "CityCouncil", "date": "2013-06-18", "page": 13, "text": "after the Attorney quit last September, to which Ms. Longoria responded that she\nthought Mr. Villapando was working with the City; stated she thought the City was\npreparing an explanation of the fines as well.\nThe Assistant City Manager stated the matter had been on-going prior to being\npresented to Council last year; the fact that there are six cases indicates the system is\nworking well; the same process should be followed for everyone; a lien can be removed;\nthe City received no response in the last 12 months; the family can begin to work with\nthe Building Department tomorrow.\nCouncilmember Tam inquired the process for removing a lien, to which the City Attorney\nresponded a lien is like a mortgage on the property; stated the amount would not be due\nwith property taxes; the lien would have to be paid off when the property is sold; the City\ncould rescind the lien at any time.\nCouncilmember Tam inquired whether the City Council would have to take action to\nremove the lien, to which the City Attorney responded a Council action would not be\nrequired; stated the lien could be removed if staff works with the property owner through\nthe normal process.\nCouncilmember Chen noted the slate would have been wiped clean if the lien had been\nassessed last year; a permit can be pulled and a payment plan can be started if Council\nplaces the lien.\nMs. Longoria stated there could be issues with getting the permits and the family would\nhave to pay for the permits.\nVice Mayor Ezzy Ashcraft stated the amount is a lot less.\nCouncilmember Chen stated the permit fees are a standard, set amount.\nThe City Attorney stated the property has to be brought into compliance; the family has\nto pull the permits and get the work done.\nVice Mayor Ezzy Ashcraft inquired whether the Building Department would not receive\npayment if a lien is placed on the property, to which the City Attorney responded in the\naffirmative; noted the Building Department operates on cost recovery.\nThe Assistant City Manager stated that he suggests Council give staff the authority to\nproceed; the family could come in and work out a payment plan.\nThe City Attorney stated the City would not rescind the lien after payments are made\nover time.\nVice Mayor Ezzy Ashcraft inquired whether Council took the same action last year, to\nwhich Mayor Gilmore responded in the negative; stated Council chose not to file a lien\nRegular Meeting\nAlameda City Council\n12\nJune 18, 2013", "path": "CityCouncil/2013-06-18.pdf"}
{"body": "CityCouncil", "date": "2013-06-18", "page": 14, "text": "or assessment last year.\nVice Mayor Ezzy Ashcraft stated what can be done to ensure the case does not end up\nin the same place next year.\nMayor Gilmore stated that she is troubled that there was no response to the notices;\ninquired whether Ms. Longoria lives at the property.\nMs. Longoria responded that she does not live at the property; stated that she did not\nsee any notices; she thought everything was moving forward; she was not aware new\namounts were being assessed.\nMayor Gilmore inquired about Mr. Villapando's role, to which Ms. Longoria responded\nMr. Villapando has been representing her grandmother since he understands\nconstruction.\nMr. Villapando stated that he likes the plan to place a lien on the property and get\npermits immediately.\nMayor Gilmore inquired whether Mr. Villapando saw the notices from the Building\nDepartment since last September, to which Mr. Villapando responded in the affirmative;\nstated that he saw some of the notices.\nMayor Gilmore stated that she does not want the matter to come back in a year with\nclaims that there have been communication issues.\nMr. Villapando stated that the family did not have money to pay the fines.\nMayor Gilmore stated there has been no communication with the property owner for\nnine months; that she does not want to be in the same situation next year.\nVice Mayor Ezzy Ashcraft stated that she would want to set a certain amount of time,\nnot more than 90 days, to allow the permits to be pulled and work started before a lien\nis placed.\n***\nCouncilmembers Chen and Tam left the dais at 9:05 p.m. and returned at 9:08 p.m.\nMayor Gilmore stated the lien has to be levied by July 1st.\nThe Acting City Manager stated the July 1st deadline is to have an assessment placed\non the tax rolls, but a lien could be levied at any time.\nCouncilmember Daysog stated that he does not know who the City is working with; that\nhe has questions about Mr. Villapando.\nRegular Meeting\nAlameda City Council\n13\nJune 18, 2013", "path": "CityCouncil/2013-06-18.pdf"}
{"body": "CityCouncil", "date": "2013-06-18", "page": 15, "text": "Mr. Villapando stated that he was in constant communications with an Inspector.\nMayor Gilmore stated that Mr. Villapando indicated that he was in constant\ncommunications with an Inspector, and then there was no communication for nine\nmonths.\nMr. Villapando explained that he had medical issues; stated that he would like to be\nable to get permits right away; the family does not have the money to pay the fine right\naway.\nCouncilmember Chen stated giving an exception to one family is not fair to others; that\nhe is comfortable moving forward with a lien.\nMayor Gilmore inquired whether the lien is upon sale or transfer.\nThe City Attorney responded the City could opt to collect at any time after placing a lien\non the property; stated any transfer or sale would reveal there is a lien, which would\nhave to be accepted or paid off.\nVice Mayor Ezzy Ashcraft stated a cloud was placed on the property in 2011.\nThe Chief Building Official stated a Notice of Violation was filed with the County, which\nwould come up if someone did a title search.\nVice Mayor Ezzy Ashcraft inquired whether action is required by the property owner, to\nwhich the Chief Building Official responded in the affirmative; stated the City would not\nremove the notice until the violations are corrected.\nVice Mayor Ezzy Ashcraft stated that she concurs with Councilmember Chen; she is\nhaving a hard time understanding throwing away $1,000 per month by choosing to\nignore the situation; the City has to be aware of the message being sent; that she wants\nto get the work done.\nMayor Gilmore inquired what tools the City has to ensure the work is done after a lien is\nplaced on the property.\nThe Chief Building Official responded the citation process would start again if the\nproperty owner does not comply within a certain timeframe.\nMayor Gilmore inquired whether the City could assess the property next year if the work\nis not done; further inquired if the lien would have to be removed.\nThe Chief Building Official responded the City could do a combination of a lien and an\nassessment.\nRegular Meeting\nAlameda City Council\n14\nJune 18, 2013", "path": "CityCouncil/2013-06-18.pdf"}
{"body": "CityCouncil", "date": "2013-06-18", "page": 16, "text": "Vice Mayor Ezzy Ashcraft inquired whether there is a difference between this case and\nthe Driftwood Lane property, to which the Chief Building Official responded the\ngranddaughter seems to want to work with the City unlike the Driftwood Lane property\nowner.\nMayor Gilmore stated the fine amount is not being changed.\nVice Mayor Ezzy Ashcraft stated a payment plan is being discussed; inquired whether\nthe Driftwood Lane property was before Council last year.\nThe Chief Building Official responded the assessment was placed against the Driftwood\nLane property last year.\nVice Mayor Ezzy Ashcraft stated that she would like the Council to consider allowing the\nproperty owner a specific amount of time to come up with a payment plan.\nThe Assistant City Manager stated all six property owners have the same opportunity to\ncome in and work with the City.\nMayor Gilmore moved approval of the staff recommendation, with the exception of the\nPacific Avenue property, which would have a lien rather than an assessment; and\ndirection be given to staff to obtain multiple points of contact, with specific names and\naddresses, where notice will be sent.\nCouncilmember Daysog seconded the motion.\nUnder discussion, Councilmember Daysog stated that the contact should have some\nauthority and he is not certain Mr. Villapando or Ms. Longoria have authority.\nMs. Longoria stated that she would consult her grandmother.\nCouncilmember Chen inquired why the City should not issue liens since liens are more\nbeneficial for property owners.\nThe Chief Building Official responded the City does not receive payment for liens.\nIn response to Councilmember Tam's inquiry regarding the Driftwood Lane property, the\nChief Building Official stated an assessment was placed on the property last year and\nanother assessment would be placed on the property again this year.\nVice Mayor Ezzy Ashcraft stated that she would advocate for placing a lien on the\nDriftwood Lane property since the property owner made the effort to come to the\nmeeting; inquired whether the property would be assessed if a payment plan is not\nestablished.\nThe Chief Building Official inquired whether the Council is establishing a timeframe for\nRegular Meeting\nAlameda City Council\n15\nJune 18, 2013", "path": "CityCouncil/2013-06-18.pdf"}
{"body": "CityCouncil", "date": "2013-06-18", "page": 17, "text": "the Pacific Avenue property.\nMayor Gilmore inquired whether the Council could provide direction; stated the\ntimeframe is not included in the current motion.\nThe Chief Building Official stated having Council establish a timeframe would be helpful.\nThe City Attorney stated placing a lien on the property wipes the slate clean; an\nassessment would have to be approved when staff comes back next year.\nIn response to Councilmember Chen's inquiry, Mayor Gilmore stated Council is\nconsidering giving a certain amount of time to obtain permits and fix the property.\nThe Chief Building Official suggested a 90 day period be offered to gain compliance\nbefore violations begin to be issued again.\nThe Council concurred with said suggestion.\nMayor Gilmore restated the motion: approval of the staff recommendation to assess\nproperties, with exception of the Pacific Avenue property; and the Pacific Avenue\nproperty representatives have 90 days to work with the Planning and Building\nDepartment, pull permits and start corrective work on health and safety violations.\nThe Acting City Manager inquired whether the motion includes placing a lien on the\nPacific Avenue property, to which Mayor Gilmore responded in the affirmative.\nVice Mayor Ezzy Ashcraft inquired whether the motion could be amended to include the\nDriftwood Lane property, to which Mayor Gilmore responded in the negative.\nCouncilmember Daysog stated that he still seconds the motion, due to the Pacific\nAvenue owner's granddaughter and the Driftwood Lane owner not remaining at the\nmeeting.\nOn the call for the question, the motion carried by the following voice vote: Ayes:\nCouncilmembers Chen, Daysog and Mayor Gilmore - 3. Noes: Councilmembers Ezzy\nAshcraft and Tam - 2.\n(13-315) Public Hearing to Consider Collection of Delinquent Business License Taxes\nand Delinquent Integrated Waste Management Accounts Via the Property Tax Bills.\nThe Controller gave a brief presentation and provided a handout.\nCouncilmember Chen inquired how many payments have to be missed before placing\na\nlien, to which the Controller responded ample time is provided; stated one case has\ncontinued for several years.\nRegular Meeting\nAlameda City Council\n16\nJune 18, 2013", "path": "CityCouncil/2013-06-18.pdf"}
{"body": "CityCouncil", "date": "2013-06-18", "page": 18, "text": "Vice Mayor Ezzy Ashcraft stated staff does an good job tracking down businesses that\nare operating without licenses.\nCouncilmember Daysog inquired whether a business license is required for renting out\na room, to which the Controller responded in the affirmative.\nIn response to Mayor Gilmore's inquiry regarding the 3334 Fir Avenue business, the\nAssistant City Manager stated staff is recommending offering a payment plan.\nMayor Gilmore stated the U.S. Government is listed as being behind in garbage bill\npayment; inquired whether the City could lien the U.S. Government, to which the\nController responded in the negative.\nThe Public Works Program Specialist stated the U.S. Government leases property and\nthe bills have been submitted to City staff overseeing the lease for payment.\nCouncilmember Daysog moved approval of the staff recommendation.\nCouncilmember Chen seconded the motion, which carried by unanimous voice vote - 5.\nCITY MANAGER COMMUNICATIONS\n(13-316) The Acting City Manager announced the Library Food for Fines program will\ncontinue through July 8th; the Mif Golf Course is under construction through September\nand the newly renovated driving range is open; summer recreation programs are\nunderway and it is the 60th Anniversary of Alameda Day Camp.\nORAL COMMUNICATIONS, NON-AGENDA\nNone.\nCOUNCIL REFERRALS\nNone.\nCOUNCIL COMMUNICATIONS\n(13-317) Councilmember Chen announced that he would miss the conveyance\nceremony because he would be attending an Asian Pacific American training for elected\nofficials.\n(13-318) Councilmember Tam announced that she and Councilmember Daysog\nattended the League of California Cities (LCC) Policy Committee meeting; outlined\nissues addressed.\n(13-319) Councilmember Daysog outlined the sessions he attended at the LCC Policy\nRegular Meeting\nAlameda City Council\n17\nJune 18, 2013", "path": "CityCouncil/2013-06-18.pdf"}
{"body": "CityCouncil", "date": "2013-06-18", "page": 19, "text": "Committee meeting.\n(13-320) Mayor Gilmore invited the community to attend the Conveyance Ceremony.\n(13-321) Mayor Gilmore announced that a hold was placed on Assembly Bill 935 related\nto the Water Emergency Transit Authority governance.\nADJOURNMENT\nThere being no further business, Mayor Gilmore adjourned the meeting at 9:47 p.m.\nRespectfully submitted,\nLara Weisiger\nCity Clerk\nThe agenda for this meeting was posted in accordance with the Sunshine Ordinance.\nRegular Meeting\nAlameda City Council\n18\nJune 18, 2013", "path": "CityCouncil/2013-06-18.pdf"}