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CityCouncil,2010-10-19,1,"MINUTES OF THE REGULAR CITY COUNCIL MEETING
ESDAY--OCTOBER - 19, 2010- -7:00 P.M.
Mayor Johnson convened the meeting at 7:13 P.M.
ROLL CALL -
Present:
Councilmembers deHaan, Matarrese, and Mayor
Johnson - 3.
Absent:
Councilmember Gilmore and Tam - 2.
AGENDA CHANGES
Mayor Johnson announced that the Resolution appointing Rebecca Holder [paragraph
no. 10-497], the recommendation to accept the Investment Report [paragraph no. 10-
489], and the Council Referral on the Mif Albright Golf Course [paragraph no. 10-499
would be addressed after the proclamation.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY & ANNOUNCEMENTS
(10-496) Proclamation Declaring October 24th as World Polio Day.
Mayor Johnson read and presented the proclamation to Rotary Club Members Jack
Buckley and Barbara Price.
REGULAR AGENDA ITEM
(10-497) Resolution No. 14499, ""Appointing Rebecca Holder as a Member of the Social
Services Human Relations Board."" Adopted.
Councilmember Matarrese moved adoption of the resolution.
Vice Mayor deHaan seconded the motion, which carried by unanimous voice vote - 3.
[Absent: Councilmembers Gilmore Tam - 2.]
Ms. Holder thanked the Council for the opportunity to serve; stated that she looks
forward to working with the Board.
The City Clerk administered the Oath of Office and provided Ms. Holder with a
Certificate of Appointment.
(10-498) Recommendation to Accept the Investment Report.
The City Treasurer and Controller gave a brief presentation.
Councilmember Matarrese stated the City is enjoying a good return now; inquired
whether the return would be used to smooth out the next downturn and the PERS
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CityCouncil,2010-10-19,2,"situation [unfunded liability].
The Interim City Manager responded interest earnings would be allocated at the end of
the year but would not be transferred to reserves; staff is targeting 20% as a goal for
available cash; Council needs to establish policy once the 20% goal is achieved.
The City Treasurer stated the City's portfolio is limited to a maximum five-year maturity
by State law.
Councilmember Matarrese stated the City needs to be very cautious and not fall into the
trap of enjoying a good return without realizing rates go up and down.
Vice Mayor deHaan stated rainy days have not subsided; reserves should be used
cautiously.
Councilmember Matarrese moved approval of the staff recommendation.
Vice Mayor deHaan seconded the motion, which carried by unanimous voice vote - 3.
[Absent: Councilmembers Gilmore and Tam - 2.]
COUNCIL REFERRALS
(10-499) Consider Directing the Interim City Manager to Finalize Negotiations for a
Lease of the Mif Albright Golf Course for Senior and Youth Play, with Designated
Representatives of the Alameda Junior Golf Association (AJGA) and/or Its Working
Subcommittee, Consistent with the Spirit of the Tentative Business Term Sheet Dated
June 3, 2010; and AUTHORIZING Reserving $100,000 from the Golf Course Enterprise
Fund Available Cash Balance to Help Secure the $250,000 Grant Offered by
Wadsworth Golf Charities for Capital Improvements to the Mif Albright Golf Course.
Vice Mayor deHaan stated that he would like to continue the item, but still allow the
speakers to address Council.
Speakers: Jean Ley, Alameda; Glen Van Winkle, Alameda (submitted letter); Robert
Sulwold, Alameda; Joe Van Winkle, Alameda (submitted drawing); Jane Sulwold,
Alameda; Norma Arnerich, Alameda; Jon Spangler, Alameda; Steve Taddy, Alameda;
and the Alameda High Girls Golf Team.
Vice Mayor deHaan stated the City spends $100,000 to $150,000 [per year] on park
maintenance; the City has an opportunity to receive a $250,000 grant for the Mif
Albright Course; hopefully, a commitment to dedicate $100,000 in matching funds will
be made at the next Council meeting.
Mayor Johnson stated the City has been working very closely with the School District on
the swimming pool closure issue; requested staff to provide information.
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CityCouncil,2010-10-19,3,"Councilmember Matarrese stated swimming pool closures are the result of failing to
comply with County-administered regulations.
The Interim City Manager stated the School District decided to close the swimming
pools but did not receive a notice [from the County] to close the pools.
The Recreation and Park Director stated a new State law was enacted on July 1, 2010
which requires swimming pools to be safer; the main problem centers around filtration
and circulation; modern standards require that pools be plumed, filtered, and heated
separately; all three pools are on one system at Encinal High School; both Alameda
High School pools are on one system; that he is trying to schedule a meeting between
the City, School District and County; the City has a meeting with the School District on
Thursday; that he is hoping for an interim solution; the City has hired a consultant to
advise what needs to be done to bring the pools up to code.
Mayor Johnson inquired whether older pools across the State have closed down, to
which the Recreation and Park Director responded in the affirmative.
Mayor Johnson stated pools need to reopen quickly for the water polo season.
Vice Mayor deHaan stated drain cover requirements have been in place for a while;
inquired how long the filtration requirement has been in place.
The Recreation and Park Director responded the pools have not met the requirement
for the past twenty years; the pools were built in the 1950's and 1960's.
Vice Mayor deHaan stated the School District has been aware of the requirement but
has not done a cost assessment.
Councilmember Matarrese stated the matter is urgent; that he appreciates that the City
is helping the School District; working together is important.
Mayor Johnson stated programs outside the School District use the pools.
CONSENT CALENDAR
Mayor Johnson announced that the Resolution Authorizing Award of a Contract
[paragraph no. 10-505 would be continued to November 3, 2010.
Councilmember Matarrese moved approval of the Consent Calendar.
Vice Mayor deHaan seconded the motion, which carried by unanimous voice vote - 3.
[Absent: Councilmembers Gilmore and Tam - 2.] [Items so enacted or adopted are
indicated by an asterisk preceding the paragraph number.]
(*10-500) Minutes of the Special City Council Meeting held on September 25, 2010; the
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CityCouncil,2010-10-19,4,"Special City Council Meeting, the Special Joint City Council, Alameda Reuse and
Redevelopment Authority and Community Improvement Commission (CIC) Meeting and
the Regular City Council Meeting Held on October 5, 2010; and the Special Joint City
Council and CIC Meeting Held on October 6, 2010. Approved.
(*10-501) Ratified bills in the amount of $3,229,174.50
(*10-502) Recommendation to Accept the Work of Valley Power System North, Inc., for
the Provision of Marine Diesel Main Engines for the Bay Breeze. Accepted.
(*10-503) Recommendation to Award a Contract in the Amount of $530,726, Including
Contingencies, to Sun Light & Power to Provide Turnkey Design-Build Services for
Photovoltaic (Solar) Generation System, No. P.W. 05-10-12. Accepted.
(*10-504) Recommendation to Appropriate $30,000 from the Dwelling Unit Tax and
Award a Contract in the Amount of $102,300, Including Contingencies, to Sand Channel
Greens, for the Alameda Point Multi-Use Field Upgrades, No. P.W. 04-09-11. Accepted.
(10-505) Adoption of Resolution Authorizing Award of a Contract Pursuant to Section 3-
15.2 of the Alameda City Charter in the Amount of $223,100, Including Contingencies,
to Mountain Cascade to Pipe burst Existing 14-Inch VCP Storm Drain Pipe and Replace
with a 16-Inch HDPE Pipe on Eighth Street, Between Pacific Avenue and Lincoln
Avenue. Continued to November 3, 2010.
(*10-506) Resolution No. 14500, ""Opposing Proposition 26, a Proposed Constitutional
Amendment Related to Local Fees and Charges."" Adopted.
(*10-507) Resolution No. 14501, ""Supporting Proposition 22, the Local Taxpayer, Public
Safety and Transportation Act of 2010."" Adopted.
(*10-508) Introduction of Ordinance Amending the Alameda Municipal Code by Adding
Subsection 23-8 (Encroachments Upon Public Property Prohibited). Introduced.
(*10-509) Ordinance No. 3022, ""Amending Municipal Code Section 30-17 (Density
Bonus Regulations) of Chapter XXX (Development Regulations) to Provide Limits on
Concessions and/or Incentives for Density Bonus Projects on Sites with a Residential
General Plan or Zoning Designation."" Finally passed.
(*10-510) Ordinance No. 3023, ""Amending Ordinance No. 1277, N.S., to Rezone
Parcels Located at 2229 Through 2235 Clement Avenue, APNS 071-0289-05 and 071-
0290-01 from M-2 General Industrial (Manufacturing) District and R-2/PD (Two Family
Residence Planned Development District) to Open Space (O) and R-2/PD (Two Family
Residence Planned Development District). Finally passed.
***
Mayor Johnson called a recess at 8:11 p.m. and reconvened the meeting 8:12 p.m.
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CityCouncil,2010-10-19,5,"CITY MANAGER COMMUNICATIONS
(10-511) Address Questions from the September 21, 2010 Regular City Council
Meeting Regarding Alameda Fire Department's Emergency Medical Service Delivery.
Continued.
The Interim City Manager suggested that the matter, along with the report on Paramedic
Plus [paragraph no. 10-512], be continued.
(10-512) Receive a Report on Paramedics Plus Value Added Equipment and Services
for Alameda County Advanced Life Support First Responders. Continued.
Councilmember Matarrese requested that previous collection rate data be provided
when information is brought back; further requested that a comparison be provided to
show the trend; inquired whether a Memorandum of Understanding (MOU) is pending
for emergency communications network and amateur radio.
The Acting Fire Chief responded a meeting has been scheduled with amateur radio
operators.
(10-513) Emergency Medical Service District Annexation.
The Interim City Manager gave a brief presentation.
Vice Mayor deHaan inquired whether the City would have latitude to do something
different than a parcel tax.
The Interim City Manager responded the City would not have any other alternative if it
merges into the County's Emergency Medical Service (EMS) District; stated the District
assesses a benefit unit per land use type.
Vice Mayor deHaan stated the County claims the City owes $3.2 million.
The Interim City Manager stated $3.2 million is the cumulative amount for past years;
the County is requiring an immediate payment of $850,000 in January for fiscal year
2010-2011; the $2.4 million balance is for the prior three years.
Mayor Johnson stated the County has proposed applying a credit.
The Interim City Manager stated the County has proposed using the City's first
responder money of $40,000 per year as a credit against the $2.4 million; every year,
the City would be assessed $850,000.
Vice Mayor deHaan inquired whether the amount could be paid from the General Fund.
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CityCouncil,2010-10-19,6,"The Interim City Manager responded the amount could be paid from the General Fund
without a parcel fee.
Mayor Johnson stated the County has proposed using first responder money as a
credit; the City would not pay in cash.
The Interim City Manager stated first responder money would go against the $2.4
million.
Councilmember Matarrese requested that the matter be agendized; stated figures need
to be in writing.
Mayor Johnson stated that she does not know what is the County's process; staff can
ask the County what can be done in terms of putting the proposal in writing.
Vice Mayor deHaan inquired what would be the amount of the parcel tax, to which the
Interim City Manager responded $26 per year for a single, residential house.
Vice Mayor deHaan inquired what would happen if the parcel tax does not pass.
The Interim City Manager responded mechanisms would not be available to pay the
County; stated the County does not have the ability to take the City's money unless the
City agrees; the issue warrants a Closed Session; that she would ask the County to
confirm in writing the $40,000 credit for the past liability and $850,000 due by January.
Vice Mayor deHaan stated the City would be back to square one if the annexation
process is completed and voters do not approve the parcel tax.
The Interim City Manager stated the County's letter indicates that it would decertify the
City if the City did not execute a contact or move forward with annexation.
Vice Mayor deHaan inquired whether the matter would require a two-thirds vote, to
which the Interim City Manager responded that she believes so, but a legal opinion
would need to be provided.
REGULAR AGENDA ITEM
(10-514) Resolution No. 14502, ""Approving the Zero Waste Implementation Plan.""
Adopted.
Ruth Abbe, HDR Engineering, gave a Power Point presentation.
Vice Mayor deHaan stated a lot of grease goes down drains; much of the grease comes
from restaurants.
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CityCouncil,2010-10-19,7,"The Public Works Director stated the City gets grease plugs every so often; the majority
of problems are with multi-family residences; staff has made presentations to Housing
Authority facilities and is working with the Executive Director on the matter; plus are
detected while doing on-going cleaning.
Vice Mayor deHaan stated Alameda Point will be facing deconstruction; inquired
whether a mandate will be in place for deconstruction and recycling.
The Public Works Director responded there is a proposal to increase the 50% mandate
to 75%.
Ms. Abbe stated a new ordinance could require an increased mandate in the recycling
rate; a deconstruction requirement could be considered for reuse versus recycling; staff
could bring back a new ordinance next year.
Councilmember Matarrese stated San Francisco is shipping landfill quite a ways away
from its previous location because capacity has been met; capacity is finite.
Mayor Johnson stated a lot of packaging is not recyclable; potato chip bags are not
recyclable; the United States is behind Europe in automobile manufacturing recycling.
Speakers: Jon Spangler, Alameda; Kevin Good, Alameda; Peter Slote, Alameda; and
Lisa Sweet, Alameda (submitted document).
Vice Mayor deHaan stated fast food establishments generate the most waste; the
biggest establishments should be targeted; McDonald's has been the last one to come
on board regarding the issue; the biggest generators are doing next to nothing.
The Public Works Director stated mandatory requirements could be phased in; staff is
meeting with businesses one on one; staff has been working with the Alameda Theatre
for the last year.
Mayor Johnson inquired whether staff has been reaching out to businesses.
Ms. Abbe responded in the affirmative; stated Park Street has had good participation;
the Zero Waste Plan has support; businesses want voluntary implementation before a
mandate is implemented.
Mayor Johnson stated the schedule could be accelerated; staff should meet with
business communities regarding accelerating the timeframe.
Councilmember Matarrese inquired how long the Styrofoam requirement took, to which
the Public Works Director responded approximately one year.
Councilmember Matarrese stated the timeframe could be cut in half by targeting big
generators.
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CityCouncil,2010-10-19,8,"Mayor Johnson stated the issue should be run by businesses again.
The Public Works Director stated that he would like to try the carrot approach for the
next year; staff could provide a report to Council on how things are going and provide a
recommendation about moving the schedule up to two years if businesses are not
adhering to voluntary implementation.
Mayor Johnson stated during the year, staff needs to meet with and advise businesses
that Council wants to shorten the [mandatory implementation] timeframe.
Vice Mayor deHaan stated big establishments just need to apply existing policy.
Mayor Johnson inquired why MacDonald's has not been targeted; stated streets are
cluttered with fast food garbage.
Ms. Abbe responded the City participates in supporting Community Action for a
Sustainable Alameda (CASA); CASA has received a grant for waste prevention and
recycling programs from the Altamont Education Advisory Board; CASA has identified
eighty-five new businesses to join the program; Alameda County Industries (ACI)
sponsors the Alameda Recycling Coalition and has done outreach to a franchisee; the
franchisee owns two restaurants in town and has expressed interest in joining the
program; the project is in the works.
Mayor Johnson stated a priority list should be in place; fast food restaurants should be
the number one priority.
The Public Works Director summarized that Council direction is to have staff work with
businesses regarding accelerating the mandatory requirement to two years instead of
four years, focus on bigger generators such as fast food restaurants, and report back to
Council within a year regarding progress made.
Councilmember Matarrese moved approval of adopting the resolution with direction to
have staff communicate with the business community regarding Council's intention to
accelerate the [mandatory] timeframe and come back in a year with a status report
regarding having the 2014 date brought in closer.
Mayor Johnson stated that she would like to have Council updated in six months.
The Pubic Works Director stated that he is not sure how much information could be
obtained in six months.
Mayor Johnson stated a report could come back to Council around June.
Vice Mayor deHaan seconded the motion with the caveat that staff could obtain 50% by
working with fast food restaurants; stated the issue needs to be worked from the top
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CityCouncil,2010-10-19,9,"down.
Under discussion, Councilmember Matarrese agreed to amend his motion to include
Vice Mayor deHaan's caveat.
Mayor Johnson stated fast food restaurants do not use recyclable material; Alameda
should get together with other cities to advocate for recyclable packaging.
The Public Works Director stated the Zero Waste Plan addresses the issue at the State
level.
Councilmember Matarrese stated community outreach should address not buying non-
recyclable packaging; consumer behavior needs to change.
Vice Mayor deHaan stated a lot of new products come wrapped in Styrofoam; the
challenge is how to dispose of the Styrofoam.
Mayor Johnson stated consumers can dispose of Styrofoam in Hayward.
On the call of the question, the motion carried by unanimous voice vote - 3. [Absent:
Councilmembers Gilmore and Tam - 2.]
ORAL COMMUNICATIONS, NON-AGENDA
(10-515) Gretchen Lipow, Alameda, stated the Sunshine Task Force did not put out a
flyer; outlined the connection between the Taxpayer's organization that created the flyer
and SunCal.
(10-516) Michael Yoshi, Alameda, discussed the treatment of Councilmember Tam;
stated she has served with integrity.
(10-517) Jon Spangler, Alameda, stated that he severed his relationship with SunCal
after the mailers; discussed Jeff Mitchell's former connection with SunCal.
(10-518) Janet Gibson, Alameda, submitted a mailer and discussed the mailers.
(10-519) Rosemary McNally, Alameda, submitted a handout, discussed SunCal
changing its name to Argent Management and mailing checks to candidates.
COUNCIL COMMUNICATIONS
(10-520) Consideration of Mayor's nomination for appointment to the Planning Board.
Continued.
(10-521) Councilmember Matarrese stated that SunCal promised that it would sue the
City and get involved in the election if an extension was not granted; the issue is vicious
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CityCouncil,2010-10-19,10,"and nasty.
(10-522) Vice Mayor deHaan stated the Adelphian Club is a good example of what the
City has to safeguard against; the building is historical; presently, the building is being
gutted; requirements are lackadaisical; completely changing the interior of a historical
building cannot be done; the ordinance needs to be reviewed.
ADJOURNMENT
There being no further business, Mayor Johnson adjourned the meeting at 9:47 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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CityCouncil,2010-10-19,11,"SPECIAL MEETING OF THE CITY COUNCIL
 UESDAY--OCTOBER 19, - 2010- -6:00 P.M.
Mayor Johnson convened the meeting at 6:00 p.m.
Roll Call -
Present:
Councilmembers deHaan, Matarrese, and Mayor Johnson -
3.
Absent:
Councilmembers Gilmore and Tam. - 2.
The meeting was adjourned to Closed Session to consider:
(10-493) Conference with Legal Counsel - Anticipated Litigation (54956.9(b); Number of
Cases: One.
(10-494) Conference with Legal Counsel - Existing Litigation (54956.9); Name of Case:
AC Transit, et al. V. California Department of Transportation.
(10-495)
Public Employee Performance Evaluation (54957); Titles: City Attorney,
City Clerk and City Manager.
Following the Closed Session, the meeting reconvened and Mayor Johnson announced
that regarding Anticipated Litigation, the City Council met with its Outside Counsel; no
action was taken; regarding Existing Litigation, the City Council received a briefing from
Legal Counsel and provided direction; regarding Performance Evaluation, the matter
was cancelled.
Adjournment
There being no further business, Mayor Johnson adjourned the meeting at 7:05 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown Act.
Special Meeting
Alameda City Council
October 19, 2010",CityCouncil/2010-10-19.pdf
CityCouncil,2010-10-19,12,"MINUTES OF THE COMMUNITY IMPROVEMENT COMMISSION (CIC) MEETING
TUESDAY--OCTOBER 19, 2010- -7:01 P.M.
Chair Johnson convened the meeting at 9:48 p.m.
ROLL CALL -
Present:
Commissioners deHaan, Matarrese, and Mayor
Johnson - 3.
Absent:
Commissioners Gilmore and Tam - 2.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY & ANNOUNCMENTS
(10-73) Presentation on Five-Year Accomplishments of the Community Improvement
Commission Redevelopment Program.
The Economic Development Director gave a Power Point presentation.
Commissioner Matarrese stated that he appreciates the compilation of
accomplishments; he looks forward to the next generation; a good template has been
created to catalogue and measure each project and its impacts; the presentation is a
good lesson on how things should be managed.
Commissioner deHaan stated everyone would love to use the template as part of the
City's resume; a lot has been accomplished; commended everyone involved over the
years.
MINUTES
(10-74) Minutes of the Special Joint City Council, Alameda Reuse and Redevelopment
Authority, and CIC Meeting of October 5, 2010; and the Special Joint City Council and
CIC Meeting of October 6, 2010. Approved.
Vice Mayor deHaan moved approval of the minutes.
Commissioner Matarrese seconded the motion, which carried by unanimous voice vote
- 3. [Absent: Commissioners Gilmore and Tam - 2.]
AGENDA ITEMS
None.
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CityCouncil,2010-10-19,13,"ADJOURNMENT
There being no further business, Chair Johnson adjourned the meeting at 10:12 p.m.
Respectfully submitted,
Lara Weisiger
Secretary
The agenda for this meeting was posted in accordance with the Brown Act.
Special Meeting
Community Improvement Commission
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October 19, 2010",CityCouncil/2010-10-19.pdf