body,date,page,text,path
CityCouncil,2011-03-15,1,"MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY--MARCH - - 15, 2011--7:00 - P.M.
Mayor Gilmore convened the meeting at 7:12 p.m. Councilmember deHaan led the
Pledge of Allegiance.
ROLL CALL -
Present:
Councilmembers Bonta, deHaan, Johnson, Tam and
Mayor Gilmore - 5.
Absent:
None.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY & ANNOUNCEMENTS
(11-121) Proclamation Declaring the Month of March ""Women's History Month."" Not
heard.
(11-122) Proclamation Declaring March 14-21 as Women's Military History.
Mayor Gilmore read and presented the proclamation to Mildred Nolan, World War II
Veteran.
Ms. Nolan thanked the Council for the proclamation and invited everyone to attend a
celebration on March 19th at the United Methodist Church.
ORAL COMMUNICATIONS, NON-AGENDA
None.
CONSENT CALENDAR
Mayor Gilmore announced that the paratransit service matter [paragraph no. 11-127
was removed from the Consent Calendar for discussion.
Councilmember Tam moved approval of the remainder 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.]
(*11-123) Minutes of the Special City Council Meeting Held on February 19, 2011; the
Special and Regular City Council Meeting held on March 1, 2011; and the Special City
Council Meeting Held on March 2, 2011. Approved.
Regular Meeting
Alameda City Council
1
March 15, 2010",CityCouncil/2011-03-15.pdf
CityCouncil,2011-03-15,2,"(*11-124) Ratified bills in the amount of $4,899,097.07.
(*11-125) Recommendation to Award a Contract in the Amount of $69,390 Annually for
a Period of Five Years to Accela, Inc. for Accela Automation Land Management and
Citizen Access Software Licenses and Managed Service Fees, and Authorize the Acting
City Manager to Execute the Contract and Related Documents. Accepted.
(*11-126) Recommendation to Award a Contract in the Amount of $279,000, and
Authorize a $40,000, Approximately Fourteen Percent Contingency, to Urban Metro
Environmental, Inc. for the Demolition of Boarded and Vacant Structures at 136, 140,
144, 146 & 148 Barbers Point Road & 104 Glenview Road and 105 & 106 Norfolk Road
and Authorize the Acting City Manager to Execute the Contract and Related
Documents. Accepted.
(11-127) Recommendation to Approve Modifications to the Paratransit Shuttle Service,
Appropriate $24,000 in Measure B Funds and Authorize the Acting City Manager to
Execute all Necessary Documents; and
(11-127A) Recommendation to Approve Modifications to the Paratransit Taxi Service,
Appropriate $5,000 in Measure B Funds, and Authorize the Acting City Manager to
Execute all Necessary Documents.
The Transportation Coordinator gave a brief presentation.
Councilmember deHaan inquired whether the eligibility age for the shuttle service would
be reduced from 62 to 55, to which the Transportation Coordinator responded in the
affirmative.
Speaker: Michael John Torrey, Alameda.
In response to Mr. Torrey's comments, the Transportation Coordinator stated currently,
the West Loop recommendation does not include the Main Street ferry stop; hopefully,
the stop will be included in the future.
Councilmember deHaan stated that he is impressed; indications show great success.
Councilmember Tam moved approval of the staff recommendation.
Councilmember deHaan seconded the motion, which carried by unanimous voice vote
-
5.
(*11-128) Recommendation to Adopt Plans and Specifications and Authorize a Call for
Bids for Otis Drive Rehabilitation, No. P. W. 08-10-2. Accepted.
(*11-129) Recommendation to Adopt Plans and Specifications, and Authorize a Call for
Regular Meeting
Alameda City Council
2
March 15, 2010",CityCouncil/2011-03-15.pdf
CityCouncil,2011-03-15,3,"Bids for Park Street Streetscape, Lincoln Avenue to Webb Avenue and Central Avenue
to San Jose Avenue, No. P.W. 10-09-30; and
(*11-129A) Resolution No. 14555, ""Authorizing the Selection of Holophane Streetlights
and a Call for Bids to Holophane Distributors for Park Street Streetscape, Lincoln
Avenue to Webb Avenue and Central Avenue to San Jose Avenue, No. P.W. 10-09-30.'
Adopted.
(*11-130) Resolution No. 14556, ""Ratifying the Public Utilities Board's Approval of
Amendment Two to Agreement for Construction, Operation and Financing of
Geothermal Project Number 3; Amended and Restated Geothermal Project Operating
Agreement between Northern California Power Agency (NCPA) and the Geothermal
Project Participants; and Amendment Number One to NCPA Facilities Agreement.""
Adopted.
(*11-131) Resolution No. 14557, ""Appropriating $1.3 million in Federal HOME Funds
and Authorizing the Acting City Manager to Negotiate and Execute the Necessary
Documents to Complete the Loan to Resources for Community Development for the
Rehabilitation of 2428 Central Avenue (Islander Motel). Adopted.
REGULAR AGENDA ITEMS
(11-132) Public Hearing to Consider Introduction of Ordinance Amending the Alameda
Municipal Code to Amend Chapter XIII (Building and Housing) by Repealing Article I
(Uniform Codes Relating to Building, Housing and Technical Codes) in its Entirety and
Adding a New Article I (Uniform Codes Relating to Building, Housing and Technical
Codes) to Adopt the 2010 California Building Code, the 2010 California Residential
Code, the 2010 California Historical Building Code, the 2010 California Electrical Code,
the 2010 California Plumbing Code, the 2010 California Mechanical Code, the 2010
California Energy Code, the 2010 California Green Building Standards Code, the 1997
Uniform Housing Code, and the 1997 Edition of the Uniform Code for the Abatement of
Dangerous Buildings, and Amend Chapter XV (Fire Prevention) by Repealing Section
15-1 in its Entirety and by Adding a New Section 15-1 to Adopt the 2010 California Fire
Code. Introduced.
The Chief Building Official gave a presentation.
In response to Mayor Gilmore's inquiry, the Chief Building Official stated current
[electrical] codes apply to a house built after May 2, 1989 or remodeled since 1989.
Mayor Gilmore inquired how codes are communicated to the public, specifically the
realty community.
The Chief Building Official responded handouts are provided; stated the proposed
ordinance has very few changes; the new Green Residential Building Code is
mandatory now; information could be posted on the City's website; noted that he
Regular Meeting
Alameda City Council
3
March 15, 2010",CityCouncil/2011-03-15.pdf
CityCouncil,2011-03-15,4,"regularly meets with realtors.
Councilmember Johnson inquired how the 1989 date was selected, to which the Chief
Building Official responded the 1989 date was the last time electrical requirements were
changed.
Councilmember Johnson stated most complaints come from Harbor Bay residents;
inquired how many Harbor Bay homes would need to have [electrical] kitchen updates.
The Chief Building Official responded houses built in the 1980's would need to upgrade
to the Ground Fault Circuit Interrupter (GCFI); stated spacing [between outlets] went
from six feet to four feet in the early 1990's.
Councilmember Johnson inquired whether the spacing is a health and safety issue.
The Chief Building Official responded the real issue is the GFCI, which has proven to be
a life safety issue.
Councilmember Tam stated a dedicated, high voltage garage circuit is needed for
electric cars; inquired whether staff is preparing for issuing permits, to which the Chief
Building Official responded said permits are addressed in the Electrical Code.
Councilmember Tam responded what is the cost, to which the Chief Building Official
responded approximately $75.
The Acting City Manager noted electric car manufacturers are encouraging residents to
do electrical upgrades.
Mayor Gilmore stated Alameda Municipal Power (AMP) is systematically
undergrounding older Alameda areas; electrical service upgrades are required; inquired
whether or not upgrades would be enough to plug in an electrical car.
The Chief Building Official responded perhaps not; stated the issue may be the same as
for hot tub installation, which might require an upgrade.
Mayor Gilmore stated people interested in getting an electric car should talk to AMP.
The Chief Building Official stated people should talk to the Building Department also.
Councilmember deHaan stated retrofitting permit costs have been a concern in the past;
reducing electrical permit costs should be considered.
The Chief Building Official stated the cost is relatively low.
Councilmember Tam noted Nissan has 32,000 Leaf electric cars on order.
Regular Meeting
Alameda City Council
4
March 15, 2010",CityCouncil/2011-03-15.pdf
CityCouncil,2011-03-15,5,"Vice Mayor Bonta inquired whether permits are valid for twelve months, to which the
Chief Building Official responded the permits are valid for three years, which has helped
in this economy.
Councilmember deHaan inquired whether a permitting process has been implemented
for spacing outlets four feet apart instead of six feet, to which the Chief Building Official
responded the proposed amendment would be less stringent than what is currently
done.
Councilmember Johnson inquired whether some cities just require a GFCI and not four
foot spacing.
The Chief Building Official responded that he will look into the matter; stated
adjustments could be made if necessary.
Councilmember Tam moved introduction of the ordinance.
Vice Mayor Bonta seconded the motion, which carried by unanimous voice vote - 5.
(11-133) Introduction of Ordinance Amending the Alameda Municipal Code by
Repealing Article II (Boards and Commissions) of Chapter Il (Administration) in Its
Entirety and by Repealing Subsection 30-65.7 (Public Art Commission) of Chapter XXX
(Development Regulations) in Its Entirety and Adding a New Article Il (Boards and
Commissions). Introduced.
The Senior Management Analyst gave a presentation.
Mayor Gilmore requested an explanation on term expirations.
The City Clerk stated the remainder of a term would be filled if there is a vacancy so
that terms remain staggered; the person would serve a partial term and would still be
eligible to serve two full terms; all terms would end July 31st but in different years.
Councilmember Johnson inquired whether Section 2-6.2 [Membership; Appointment;
Term of Office; Removal; Vacancies] is the same as the Charter language.
The Senior Management Analyst responded the language is similar; stated additional
language has been added.
Councilmember Johnson inquired whether the language is consistent with the Charter,
to which the Senior Management Analyst responded in the affirmative.
Councilmember Tam stated the Disaster Council is being proposed for elimination
because of the Emergency Operations Plan (EOP).
The Senior Management Analyst stated Disaster Council functions have been replaced
Regular Meeting
Alameda City Council
5
March 15, 2010",CityCouncil/2011-03-15.pdf
CityCouncil,2011-03-15,6,"by the EOP, which has been approved by the Council and meets current State and
federal requirements.
The Acting City Manager stated the Disaster Council enabled the Fire Department to
convene meetings; the City has an active Disaster Preparedness program; the
Community Emergency Response Team (CERT) Program is very active within the
community.
The Senior Management Analyst stated disaster preparedness constantly evolves and
needs to evolve more quickly than the ability to amend the Municipal Code let alone the
Charter.
Councilmember Tam stated future consolidation or re-morphing of the ten Commissions
has been discussed.
The Acting City Manager stated an analysis is being conducted; staff resources for
supporting all the Commissions have declined; staff is reviewing the matter to see if
some Commission duties can be subsumed by other Commissions or Boards; bringing
the matter back before adopting the Fiscal Year 2011-2012 budget would make sense.
Councilmember Tam stated that she would like more input on how the matter could be
more interactive with the community.
Vice Mayor Bonta stated a core issue would be the level of public engagement; that he
would advocate for public participation in crafting the overall look; an ad hoc
commission could review the Commissions and make suggestions on the most efficient
way to have public participation and engage the community.
Mayor Gilmore stated having public participation would be good but should come later
rather than earlier because staff resources are limited; members of the public would not
necessarily understand resource limitations; that she would prefer to have staff take the
first step and then have the public provide feedback.
Councilmember deHaan concurred with Mayor Gilmore; stated appointing ad hoc
committees has been very successful in the past and should be considered as a fall
back position.
Councilmember Johnson stated that she understands the idea of eliminating the Cable
Television Committee and Disaster Council; more public involvement is needed for
disaster preparedness; that she has never been totally satisfied with the emergency
response plan; the plan is not where it needs to be; public involvement is important so
that the public is aware and understands the process; that she does not think the CERT
Program fulfills the roll; perhaps the public could sit in on the meetings that the Fire
Department organizes.
The Acting City Manager stated that she would talk to the Interim Fire Chief.
Regular Meeting
Alameda City Council
6
March 15, 2010",CityCouncil/2011-03-15.pdf
CityCouncil,2011-03-15,7,"Councilmember Johnson stated that she is not convinced that the City has adequate
evacuation routes.
The Acting City Manager stated that she would look into the matter.
Councilmember Johnson stated scientists must know whether or not water would rise in
the Bay even though the City would not get a main part of a tsunami and whether
people would need to be evacuated.
The Acting City Manager stated that she would get back to Council on the matter; the
Board and Commission item could be brought back as a discussion item, not an action
item; emails could be sent out to the Boards and Commissions and other community
groups to allow public input; recommendations could be brought back to Council.
Mayor Gilmore stated staff was on top of the game after the tsunami hit Japan; the
Interim Police Chief advised her that staff was in contact with East Bay Regional Park
District, School District, Public Works, and the County; things were being monitored and
staff was prepared.
Councilmember deHaan stated the public wants to be engaged in the process but may
not understand the involvement.
Councilmember Johnson moved introduction of the ordinance.
Vice Mayor Bonta seconded the motion, which carried by unanimous voice vote - 5.
CITY MANAGER COMMUNICATIONS
(11-134) Presentation on the Abatement Fund
The Building Official gave a Power Point presentation.
Councilmember Johnson requested an explanation on the economics of the Abatement
Fund.
The Chief Building Official stated first the City would spend money to abate a property;
then the City would lien the property to the County through tax rolls; the County would
collect the money, the City would be repaid, and the money would go back into the
revolving Abatement Fund.
Councilmember Johnson inquired whether the County is successful in getting liens paid.
The Chief Building Official responded in the affirmative; stated the City is paid up front.
Councilmember Johnson inquired whether staff would need to get permission [to do
Regular Meeting
Alameda City Council
7
March 15, 2010",CityCouncil/2011-03-15.pdf
CityCouncil,2011-03-15,8,"abatement] from the property owner.
The Chief Building Official responded in the negative; stated all due processes would be
completed prior to proceeding with abatement.
Vice Mayor Bonta inquired whether the lien would be added to the property owner's
property tax bill and would appear on the next tax roll, to which the Chief Building
Official responded in the affirmative.
Councilmember deHaan inquired whether certain properties have been earmarked, to
which the Chief Building Official responded in the affirmative.
Councilmember Johnson stated in the past, the court system was unfamiliar with the
process.
The Chief Building Official stated staff did a receivership in 2007 for 865 Cedar Street;
the judge finally ordered that the house be sold after over thirty court appearances; the
house is now being renovated; the courts now understand the process.
Vice Mayor Bonta inquired how many properties would be eligible.
The Chief Building Official responded approximately thirty buildings have citations;
stated ten of the buildings would be inexpensive to abate.
Councilmember Johnson stated property at 300 or 500 Central Avenue is a good
example of needed abatement.
The Chief Building Official stated the property would be out of the initial City investment
[$25,000 to $50,000] range.
ORAL COMMUNICATIONS, NON-AGENDA
None.
COUNCIL REFERRALS
None.
COUNCIL COMMUNICATIONS
(11-135) Vice Mayor Bonta stated the School District's Measure A passed; Council
unanimously voted to support the Measure; the community came together and took
pride in investing in children.
Councilmember Tam concurred with Vice Mayor Bonta; congratulated the business
community in coming forward with an alternative.
Regular Meeting
Alameda City Council
8
March 15, 2010",CityCouncil/2011-03-15.pdf
CityCouncil,2011-03-15,9,"Mayor Gilmore congratulated everyone who worked so hard; stated the job was well
done.
ADJOURNMENT
(11-136) There being no further business, Mayor Gilmore adjourned the meeting at 8:19
p.m. in memory and honor of those lost and suffering from the natural disaster in Japan.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown Act.
Regular Meeting
Alameda City Council
9
March 15, 2010",CityCouncil/2011-03-15.pdf
CityCouncil,2011-03-15,10,"announced regarding Alameda Gateway, Council was briefed on the lawsuit and
provided direction to the Acting City Attorney; regarding case number CV 10-5178, the
attorneys provided a briefing on the federal lawsuit; regarding case number RG
10537988, the attorneys provided a briefing on the State litigation.
Adjournment
There being no further business, Mayor/Chair Gilmore adjourned the meeting at 7:11
p.m.
Respectfully submitted,
Lara Weisiger, City Clerk
Secretary, CIC
The agenda for this meeting was posted in accordance with the Brown Act.
Special Joint Meeting
Alameda City Council, Alameda Reuse and
Redevelopment Authority, and Community
Improvement Commission
March 15, 2011",CityCouncil/2011-03-15.pdf
CityCouncil,2011-03-15,11,"MINUTES OF THE SPECIAL JOINT CITY COUNCIL,
ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY (ARRA), AND
COMMUNITY IMPROVEMENT COMMISSION (CIC) MEETING
TUESDAY--MARCH - 15, 2011-- -7:01 P.M.
Mayor/Chair Gilmore convened the meeting at 8:20 p.m.
ROLL CALL -
Present:
Councilmembers / Board Members / Commissioners
Bonta, deHaan, Johnson, Tam and Mayor/Chair
Gilmore - 5.
Absent:
None.
CONSENT CALENDAR
Councilmember/Board Member Tam announced that she would recuse herself from the
EBMUD JPA [paragraph no. 11-138 CC/11-11-030 ARRA], which was removed from
the Consent Calendar.
Councilmember/Board Member/Commissioner Johnson announced that she would
abstain from voting on the March 8th minutes.
Councilmember/Board Member/Commissioner deHaan moved approval of the
remainder of the Consent Calendar.
Vice Mayor/Board Member/Commissioner Bonta seconded the motion, which was
carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an
asterisk preceding the paragraph number.]
(*11-137 CC/11-029 ARRA/11-018 CIC) Minutes of the Special Joint City Council,
ARRA, and CIC Meeting Held on February 15, 2011; the Special Joint City Council,
CIC, and Housing Authority Board of Commissioners (HABOC) Meeting Held on March
1, 2011; the Special CIC and HABOC Meeting Held on March 2, 2011; and the Special
Joint City Council and CIC Meeting Held on March 8, 2011. Approved.
[Note: Councilmember/Board Member/Commissioner Johnson abstained from voting on
the March 8th minutes.]
(11-138 - CC/11-030 ARRA) CC Resolution No. 14558/ARRA Resolution No. 53,
""Authorizing the Acting City Manager and the Acting Executive Director to Execute the
Joint Exercise of Powers Agreement to Inspect, Operate, and Maintain the Alameda
Point Water System in Preparation for Transfer of Potable Water Infrastructure with
East Bay Municipal Utility District."" Adopted.
Special Joint Meeting
Alameda City Council, Alameda Reuse
and Redevelopment Authority, and
1
Community Improvement Commission
March 15, 2011",CityCouncil/2011-03-15.pdf
CityCouncil,2011-03-15,12,"Councilmember/Boaro Member Tam left the dais at 7:06 p.m. and returned at 7:08 p.m.
Councilmember/Board Member deHaan moved adoption of the resolution.
Vice Mayor/Councilmember Bonta seconded the motion, which carried by the following
voice vote: Ayes: Councilmembers/Board Members Bonta, deHaan, Johnson and
Mayor/Chair Gilmore - 4. Abstention: Councilmember/Board Member Tam - 1.
AGENDA ITEMS
(11-139 CC/11-031 ARRA) Recommendation to Authorize the Acting Executive Director
and Acting City Manager to Bind Pollution Legal Liability Insurance Coverage for
Alameda Point with XL Environmental for a Cost of $720,112.
The Acting City Attorney/Legal Counsel gave a brief presentation.
Vice Mayor/Board Member Bonta inquired whether XL Environmental would not cover
anything that was previously covered.
Patrician Blau, Marsh Risk Services, responded unfortunately, in the last ten years,
insurance carriers have found that the loss has not been favorable so no market is
offering coverage.
Councilmember/Board Member deHaan inquired whether any claims have been filed, to
which the Risk Manager responded not at Alameda Point.
Councilmember/Board Member Johnson inquired whether the new policy would have
additional exclusions that were not in the previous policy.
The Risk Manager responded some additional exclusions would be overridden through
endorsements, such as an early transfer restriction; under an early transfer, XL
Environmental would not be responsible to clean up anything that is known, only what is
unknown.
Councilmember/Board Member Johnson inquired whether the Navy still considers the
transfer an early transfer.
The Acting City Attorney/Legal Counsel responded the Navy would still be on the hook
for clean up.
Councilmember/Board Member Johnson inquired whether the insurance would cover a
privatized clean up.
Special Joint Meeting
Alameda City Council, Alameda Reuse
and Redevelopment Authority, and
2
Community Improvement Commission
March 15, 2011",CityCouncil/2011-03-15.pdf
CityCouncil,2011-03-15,13,"The Deputy City Manager - Development Services responded the policy would not
have a cost-cap and would not cover clean up of known substances.
Councilmember/Board Member Johnson questioned whether staff is being careful
regarding early transfer language; stated the Navy still refers to the entire transfer as an
early transfer.
The Acting City Attorney/Legal Counsel responded early transfer was excluded all
together; the [proposed] coverage is better now and there would only be an exclusion
for some situations of early transfer; a known condition that the transferee plans to
clean up would be excluded.
Councilmember/Board Member Johnson inquired whether there are any other additional
exclusions.
The Risk Manager responded the marsh crust; stated XL Environmental would pay for
any accidental penetration and subsequent pollution but would not pay for anything
intentional or willful.
Councilmember/Board Member deHaan inquired whether staff delineated what to
include in the policy and Chubb just missed it; further inquired whether staff provided
Chubb with an opportunity to update the policy.
The Risk Manager responded many opportunities were provided; stated Chubb would
not come to the table with respect to asbestos and lead paint which would be the more
likely scenarios for future property damage and bodily injury.
Councilmember/Board Member Johnson moved approval of the staff recommendation.
Councilmember/Board Member deHaan seconded the motion, which was carried by
unanimous voice vote - 5.
ADJOURNMENT
There being no further business, Mayor/Chair Gilmore adjourned the meeting at 8:34
p.m.
Respectfully submitted,
Lara Weisiger, City Clerk
Secretary, CIC
The agenda for this meeting was posted in accordance with the Brown Act.
Special Joint Meeting
Alameda City Council, Alameda Reuse
and Redevelopment Authority, and
3
Community Improvement Commission
March 15, 2011",CityCouncil/2011-03-15.pdf