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CityCouncil,2011-05-03,1,"MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- - MAY 3, 2011--7:00 - P.M.
Mayor Gilmore convened the meeting at 8:00 p.m.
ROLL CALL -
Present:
Councilmembers Bonta, deHaan, Johnson, Tam and
Mayor Gilmore - 5.
Absent:
None.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY & ANNOUNCEMENTS
(11-204) Proclamation Declaring the Month of May as Older Americans Month.
Mayor Gilmore read and presented the Proclamation to Nancy Gormley, Mastick Senior
Center Advisory Board President; and Miriam Schiffman, Representing Alameda County
Area Agency on Aging.
(11-205) Proclamation Declaring May 6 through May 15, 2011 as Affordable Housing
Week.
Mayor Gilmore read and presented the Proclamation to Doug Biggs, East Bay Housing
Organization; and Diane Lichtenstein, Alameda Development Corporation.
(11-206) Proclamation Declaring May 12, 2011 as Alameda Bike to Work Day.
Mayor Gilmore read and presented the Proclamation to Jeff Cambra and Patty St.
Louis, Bike Alameda.
ORAL COMMUNICATIONS, NON-AGENDA
(11-207) Red Wetherill, Alameda, discussed Alameda government.
(11-208) Clyde Ryan discussed crossing guard issues on Harbor Bay.
(11-209) Irene Dieter, Alameda, discussed camping at Enterprise Park.
(11-210) Harvey Wilson, Alameda, Alameda Citizens Task Force, discussed the budget.
(11-211) Nancy Hird, Alameda Citizens Task Force, discussed not adopting any
Memorandum of Understandings (MOUs) prior to budget adoption.
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CityCouncil,2011-05-03,2,"(11-212) Gretchen Lipow, Alameda Citizens Task Force, discussed the process to
approve MOUs.
(11-213) Janet Gibson, Alameda, submitted a handout, discussed the naming of the
Housing Authority project for the disabled.
Councilmember Johnson requested that the matter be brought to Council for discussion;
stated that she does not like the like the idea of a contest.
Mayor Gilmore stated naming the facility through a contest does not sit right.
Councilmember Johnson stated the naming process should come to the Housing
Authority Board of Commissioners (HABOC), not the Housing Commission.
Councilmember deHaan stated the City has a policy regarding naming facilities.
The Housing Executive Director stated the project is not owned by the City; the facility
naming policy applies to City owned facilities, not non-profit projects.
Mayor Gilmore stated community outreach does not appear to be very wide.
Councilmember Johnson stated the City came up with the concept for the project, has
been significantly involved and should have input in the naming of the project.
The Executive Director stated the Planning Board and other boards were notified.
Mayor Gilmore stated notifying boards is fine but it depends upon how the notification
was done; sending out an email is inadequate versus an agendized notification.
Councilmember Johnson inquired who owns the property, to which the Housing
Executive Director responded the Housing Authority.
Councilmember Johnson stated the matter needs to come back to Council.
Councilmember deHaan stated the [contest] announcement does not outline criteria.
The Acting City Manager stated staff would discuss the matter with the developer and
bring the matter to the HABOC.
(11-214) Jon Spangler, Bike Alameda, discussed bicycling in Alameda.
CONSENT CALENDAR
Mayor Gilmore announced that item payment of contribution to Associated Community
Action Program [paragraph no. 11-218] was removed from the Consent Calendar for
discussion.
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CityCouncil,2011-05-03,3,"Councilmember Tam moved approval of the remainder of the Consent Calendar.
Councilmember Johnson seconded the motion, which carried by unanimous voice vote
-
5, [items so enacted or adopted are indicated by an asterisk preceding the paragraph
number.]
(*11-215) Minutes of the Special City Council, Alameda Public Financing Authority and
Community Improvement Commission (CIC) Meeting Held on April 6, 2011; the Special
City Council, Alameda Reuse and Redevelopment Authority, and CIC Meeting and the
Special City Council Meeting Held on April 12, 2011; and the Special City Council and
CIC Meeting and the Regular City Council Meeting Held on April 19, 2011. Approved.
Note: Vice Mayor Bonta abstained from voting on the April 19, 2011 meeting.
(*11-216) Ratified bills in the amount of $3,617,052.76.
(*11-217) Recommendation to Set June 7, 2011 for a Hearing to Consider Collection of
Delinquent Business License Fees and Delinquent Integrated Waste Management
Accounts Via the Property Tax Bills. Accepted.
(11-218) Recommendation to Authorize Payment of a Contribution in the Amount of
$75,384.62 to Associated Community Action Program.
Councilmember Tam stated it would be a good idea to discuss what happened to the
program last year and receive periodic updates.
Councilmember deHaan stated a few updates have been provided by the Acting City
Attorney; initially, the $25,000 contributed by each member was used to clear up
payroll; the District Attorney confiscated all records; stimulus money was received but
when stimulus money ran out, the operation continued; a 2009 audit showed that the
Associated Community Action Program (ACAP) should have been in good condition;
the vast majority of services are being provided through other agencies; thankfully,
Dublin's City Attorney and City Manager have taken the lead to unravel the magnitude
of the problem.
Councilmember Tam stated former Councilmember Daysog was the ACAP
representative before she was elected in 2006 but there was no clear handoff; she was
asked to attend one meeting and subsequent meetings kept being cancelled; other
meetings were in conflict with her schedule; that she notified ACAP when
Councilmember deHaan was elected as Vice Mayor; former Mayor Johnson appointed
former Vice Mayor deHaan in August, 2009; at the one meeting she attended, the direct
nexus between what ACAP provided and the benefits to Alameda was not clear; that
she was not clear why Alameda needed to have a representative.
The Acting City Attorney stated other cities were not clear about the connection; the
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CityCouncil,2011-05-03,4,"Joint Powers Authority requires obligations and liabilities to fall on all members equally.
Mayor Gilmore requested an overview on the programs ACAP provided and what
percentage of Alamedans were served.
Councilmember Johnson inquired about ACAP's structure and who hired the Executive
Director; further inquired where the auditors have been for the last few years.
Mayor Gilmore stated something went seriously down hill if ACAP received a clean
audit in 2009; the District Attorney is looking into the issue.
Councilmember Johnson suggested all Joint Powers Authorities be compiled on a list.
In response to Councilmember Johnson's inquiry, the Acting City Attorney stated staff
has sought a more extensive accounting.
Councilmember Tam inquired what would happen if the City refuses to pay, to which
Mayor Gilmore responded the City could be sued for breech of contract.
Councilmember Johnson questioned whether the County appointed the Executive
Director; inquired whether the City would be reserving its right to seek reimbursement if
payment is made reluctantly, to which the Acting City Attorney responded in the
affirmative.
Councilmember Johnson inquired whether other cities have approved payment, to
which the Acting City Attorney responded other cities have paid the initial $25,000 but
she is not sure about the $75,384.62.
Councilmember Johnson stated perhaps the City should pay on the condition that other
cities pay their share.
The Acting City Attorney stated other cities are bringing the Cooperation Agreement to
their respective Councils.
Mayor Gilmore stated the City should move forward with payment as showing good
faith; having all cities united in one voice would be nice if the City files a claim against
the County.
Councilmember Johnson moved approval of the staff recommendation.
Councilmember deHaan seconded the motion, which carried by unanimous voice vote -
5.
Mayor Gilmore requested that the Acting City Attorney continue discussions with other
cities regarding County liability.
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CityCouncil,2011-05-03,5,"(*11-219) Recommendation to Authorize Call for Bids for Legal Advertising. Accepted.
(*11-220) Recommendation to Authorize the Purchase of a Sewer Inspection Cargo
Van in the Amount of $301,000 and Authorize the Acting City Manager to Execute All
Necessary Documents. Accepted.
(*11-221) Recommendation to Authorize the Purchase of a Bio-Diesel Fuel Vactor 2103
Jet-Rodder on an International Chassis in the Amount of $215,085 and Authorize the
Acting City Manager to Execute All Necessary Documents. Accepted.
(*11-222) Resolution No. 14563, ""Preliminarily Approving the Annual Report Declaring
the City's Intention to Order the Levy and Collection of Assessments and Providing the
Notice of Public Hearing on June 21, 2011 - Island City Landscaping and Lighting
District 84-2."" Adopted.
(*11-223) Resolution No. 14564, ""Preliminarily Approving the Annual Report Declaring
the City's Intention to Order the Levy and Collection of Assessments and Providing the
Notice of Public Hearing on June 21, 2011 - Maintenance Assessment District 01-01
(Marina Cove).' Adopted.
(*11-224) Resolution No. 14565, ""Authorizing the Acting City Manager to Submit an
Application for Measure B Para transit Funding in the Amount of $210,625 for Fiscal
Year 2011-2012 and to Execute all Necessary Documents."" Adopted.
(*11-225) Ordinance No. 3031, ""Amending the Alameda Municipal Code by Repealing
Section 12-17 (Preferential Parking Zones) of Article III (Permit Parking) of Chapter XII
(Designated Parking) in Its Entirety, and by Adding a New Section 12-17 (Preferential
Parking Zones) to Modify the Procedures Relating to the Designation of Preferential
Parking Zones."" Finally passed.
REGULAR AGENDA ITEMS
(11-226) Public Hearing to Consider Adoption of the Fiscal Year 2011-2012 Community
Development Block Grant Action Plan and Authorize the Acting City Manager to
Negotiate and Execute Related Documents, Agreements, and Modifications.
The Housing Development and Programs Manager gave a Power Point presentation.
Speakers: Cynthia Wasko, Social Service Human Relations Board (SSHRB) (submitted
correspondence); and Doug Biggs, SSHRB.
Following Ms. Wasko's comments, Mayor Gilmore stated the people in Washington,
D.C. making the cuts do not have to live with the cuts; the City has a lobbying firm in
Washington; Council should discuss how to use said firm to lobby for some compassion
for less fortunate community members.
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May 3, 2011",CityCouncil/2011-05-03.pdf
CityCouncil,2011-05-03,6,"Councilmember Johnson stated every city across the country is united in supporting the
Community Development Block Grant (CDBG) program; for the last eight years, the
federal government has threatened to make cuts to the program; funding has always
been reinstated because all cities are supportive; unfortunately, the same might not
happen this year.
Ms. Wasko stated the City would benefit if the allocation formula was changed and
more control was given at the local level.
Mayor Gilmore stated CDBG was one of the top issues at the Mayor's Conference.
Following Mr. Biggs' comments, Councilmember Tam inquired whether lobbying efforts
have emphasized how money can be spent.
The Housing Development and Programs Manager responded ACAP administers the
Community Service Block Grant (CSBG); stated the federal government has a 15%
allocation cap on CBDG public services because CSBG funds are supposed to go
100% to public service programs.
Councilmember Tam inquired whether the County would get the CSBG allocation if
ACAP were dismantled.
The Housing Development and Programs Manager responded Oakland and Berkeley,
which do not participate in the Joint Powers Authority, have a large enough population
to get CSBG funding directly.
In response to Councilmember deHaan's inquiry, the Housing Development and
Programs Manager stated a book machine was installed at the Alameda Point
Collaborative; a second book dispenser is proposed for Esperanza Housing.
Councilmember deHaan inquired how much flexibility the City has to move funds.
More than 15% [on public services]; The Housing Development and Programs Manager
responded the City cannot spend stated the City has maximized its ability to support
public services; planning and program administration activity is capped at 20%.
Councilmember deHaan inquired whether the 20% cap could be lowered, to which the
Housing Development and Programs Manager responded planning and program
administration activity funding is less than 20%.
Vice Mayor Bonta inquired whether CSBG funding has ever been directed to some of
the same services funded by CDBG, to which the Housing Development and Programs
Manager responded in the negative.
Vice Mayor Bonta inquired whether funding could be redirected, to which the Housing
Development and Programs Manager responded services funded to public services
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CityCouncil,2011-05-03,7,"agencies undertake a range of activities that are eligible for CSBG funding.
Vice Mayor Bonta inquired whether the CSBG funding cycle is the same as CDBG, to
which the Housing Development and Programs Manager responded that she does not
know.
Mayor Gilmore stated staff needs to trace where ACAP funding is going now that it is
not going to ACAP and see how funding gets parceled out.
Councilmember Johnson inquired whether ACAP would be dissolved, to which the
Acting City Attorney responded in the affirmative.
Councilmember Johnson stated staff needs to find out whether CSBG funding can
come directly to the City once the ACAP Joint Powers Authority dissolves.
Councilmember Tam stated poverty and income levels are the issues.
Councilmember Johnson stated the City should get some proportionate share.
Mayor Gilmore stated mechanisms and funds need to be traced to see how the City can
receive some of the funds.
The Housing Development and Programs Manager stated that she would report back to
Council.
Mayor Gilmore stated staff needs to trace funds while ACAP still exists and find out
what will happen once ACAP ceases to exist.
The Acting City Manager stated staff would discuss the matter.
Vice Mayor Bonta stated the SSHRB has been very important in guarding the safety net
and ensuring that Council is informed regarding the status of services; the SSHRB
brainstorms and thinks about different ways to continue to serve vulnerable people in
the community.
Mayor Gilmore stated in tough economic times, there is a tendency to look inward but it
should be the time to look outward for ways to partner with other cities and
organizations.
In response to Councilmember deHaan's inquiry, the Housing Development and
Programs Manager stated redevelopment law requires that 15% of all new housing be
affordable for low and moderate income people; the State's 15% requirement would go
away if redevelopment law goes away; the City has a 15% inclusionary requirement
outside redevelopment project areas; the City might not have the affordable housing
resources to address the legality of an inclusionary requirement for ownership housing.
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CityCouncil,2011-05-03,8,"The Acting City Manager stated any on-going tax increment from the 20% set aside that
goes to affordable housing would disappear.
The Housing Development and Programs Manager stated the City couldn't use CDBG
funds for new, affordable housing construction.
Councilmember Johnson stated affordable housing requires subsidy.
Councilmember Tam moved approval of the staff recommendation.
Vice Mayor Bonta seconded the motion, which carried by unanimous voice vote - 5.
(11-227) Resolution No. 14566, ""Authorizing the Execution of an Agreement between
the City of Alameda and the Board of Supervisors of Alameda County, State of
California, and all Necessary Actions to Purchase Tax-Defaulted Property (APN 71-198-
111) for Economic Development Purposes Pursuant to the Provisions of Division 1, Part
6, Chapter 8 of the Revenue and Taxation Code.' Adopted.
The Acting City Manager gave a brief presentation.
Speaker: Robb Ratto, PSBA.
Councilmember Johnson moved adoption of the resolution.
Councilmember deHaan seconded the motion, which carried by unanimous voice vote -
5.
(11-228) Review and Comment on Staff's Preliminary Responses to the Regional
Sustainable Communities Strategy - Initial Vision Scenario.
The Planning Services Manager gave a brief presentation.
Mayor Gilmore stated the assumptions are unrealistic and unattainable and assume no
fiscal constraints; a lot of things that need to happen would rely on State funding; the
City needs to convey that it needs a more realistic scenario; theory should meet hard-
core practical reality.
Councilmember Johnson stated the City needs to challenge the numbers with the
Association of Bay Area Governments (ABAG); ABAG has admitted that past job
projections have been extremely exaggerated and wrong; housing allocation numbers
are based on job growth; Piedmont should not be exempt because it is residential; the
region has not produced jobs in twenty years; how to bring new jobs needs to be
addressed; the City needs to be aggressive in challenging numbers.
Councilmember Tam stated the issue needs to be addressed from a constructive
criticism standpoint; the City needs to find out what it can afford and see what is
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CityCouncil,2011-05-03,9,"May 3, 2011",CityCouncil/2011-05-03.pdf
CityCouncil,2011-05-03,10,"Marilyn Ezzy Ashcraft, Planning Board President, stated the Planning Board is excited a
about the opportunity to get behind Senate Bill 375; things can be done short of putting
more homes on the Island; VF Outdoor has set a high bar.
The Acting City Manager announced that the City would host an Alameda Point
Financial Basics Webinar on May 18, 2011 at 6:30 p.m. in the Council Chambers.
CITY MANAGER COMMUNICATIONS
(11-229) Receive a Report and Provide Direction on Boards and Commissions
Restructuring Options
The Senior Management Analyst gave a brief presentation.
Speakers: John Knox White, Alameda; Dave Duffin, Film Commission; Ken Dorrance,
Film Commission; Robb Ratto, PSBA; and Jon Spangler, Alameda.
Vice Mayor Bonta stated broader questions need to be addressed regarding how to
maximize efficacy; previously, he suggested creating an ad hoc committee to review
Boards and Commissions; the issue would not need to be addressed if Boards and
Commissions met to do meaningful work each time; finding ways to make Boards and
Commissions more efficient and communicative with Council would be a better
approach; suggested opening up broader, more conceptual fundamental questions.
Councilmember Johnson stated that she has no problem with having a public process to
accomplish goals; the City has had a 10% staff reduction in the last couple of years;
additional staff reductions are likely; most of the cities listed on the chart are larger than
Alameda and have fewer Boards and Commissions; that she does not see how having
fewer members would save money; the Transportation Commission should stay at
seven members; the Youth Commission should stay at eleven members because
having representatives from all of the schools is important; having quarterly meetings is
not often enough; some Boards and Commissions need to meet bi-monthly or monthly.
Councilmember deHaan stated restructuring is the tip of the iceberg; the Film
Commission is an excellent example of helping to generate business within Alameda;
some Boards and Commissions have designated seats; that he does not know the
solution; the City cannot afford what is being done now; more soul searching needs to
be done; most Boards and Commissions have attendance requirements.
The Senior Management Analyst stated eliminating the Film Commission and Public Art
Commission is difficult for some people to hear; this phase is attempting to address low
hanging fruit; the next phase would require a tougher conversation and would address
some of the substantive, paradigm shifts.
Mayor Gilmore stated that she is not in favor of lowering the number of Commissioners
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CityCouncil,2011-05-03,11,"below seven because of quorum issues; having seven members would allow three
people to be in a work group, which does not require noticed meetings; that she is not
sure whether the matter should be sent back to each Board and Commission;
questioned whether a Task Force should be put together with one member from each
commission, whether there should be a series of public meetings, or whether the matter
should be sent back to the Commissions to advise how things are being done now and
how things could be done more efficiently.
Councilmember Tam inquired how Vice Mayor Bonta would envision an ad hoc
committee.
Vice Mayor Bonta responded that he has considered the possibility of some type of
cross section of representation from existing Commissions; stated the Sunshine Task
Force model is good.
Councilmember Tam stated the Sunshine Task Force met ten times; each
Councilmember appointed a person from the community; that she is not sure whether
the number on each Board or Commission would drive Council to have a clear
understanding of possible staff time savings; the goal would be to maximize the
efficacies and efficiencies in providing input to Council.
Mayor Gilmore stated the Boards and Commissions provide input to Council and
provide the community an opportunity to weigh in on issues; the public gets two bites of
the apple by attending the Board or Commission meeting and the Council meeting;
seeing how the two functions can be performed more efficiently needs to be reviewed;
the matter is being discussed now because of resource issues; the Board and
Commission process does not work as efficiently as it should; the mechanism is the
struggle; suggested that a Council Sub-committee come back with a plan and method
for moving forward.
Vice Mayor Bonta stated that he is fine with said idea.
Councilmember deHaan concurred with Mayor Gilmore; stated the process needs to be
considered; more thought needs to be given to the issue.
Mayor Gilmore stated Commissions should be the focus; Board changes would need to
be done through a Charter amendment; a plan should be developed for public input and
moving the process forward for discussion.
Councilmember Tam moved approval of nominating Vice Mayor Bonta and
Councilmember deHaan as Sub-committee members.
The Acting City Manager stated staff would be available to help in any way; the Public
Art Commission has only one member; at some point, a commission would be needed
to discuss the Public Art plan.
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CityCouncil,2011-05-03,12,"Mayor Gilmore suggested sending the Public Art plan to the Planning Board in the
interim; stated the one person on the Public Art Commission should consult with the
Planning Board President; the Planning Board could handle the issue if nothing has
been resolved.
By consensus, the motion carried by unanimous voice vote - 5.
Vice Mayor Bonta stated the City should harness the power of volunteerism in the
community.
Mayor Gilmore suggested creating a database for expert residents and professionals;
stated people could sign up at a central location.
Councilmember Tam stated former School Board Member Bill Schaff does not want to
be on a Board or Commission but would like to offer help in looking at pension reform
and retiree healthcare reform.
The Acting City Manager stated that staff would get the word out on the matter.
ORAL COMMUNICATIONS, NON-AGENDA
(11-230) Michael John Torrey, Alameda, wished everyone a happy Mother's Day.
(11-231) John Knox White, Alameda, discussed informing the Metropolitan
Transportation Commission and other regional bodies about local concerns with the
Sustainable Communities Strategy.
COUNCIL REFERRALS
None.
COUNCIL COMMUNICATIONS
(11-232) Mayor Gilmore discussed a meeting she had with Alameda's East Bay
Regional Park District representative, Doug Siden; stated that she would provide
information for review in the City Clerk's office.
(11-233) Mayor Gilmore inquired when Council would be receiving a report from the
Sub-Committee on the City Clerk Contract, to which Councilmember deHaan responded
soon.
(11-234) Vice Mayor Bonta announced that he attended the League of California Cities
Public Safety Policy Committee meeting.
(11-235) Councilmember Tam suggested forming a Council Sub-committee for City
Attorney recruitment.
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CityCouncil,2011-05-03,13,"Mayor Gilmore stated the matter is agendized for the May 17, 2011 Council Meeting.
(11-236) Councilmember Tam inquired when the Sunshine Ordinance would be coming
to Council, to which the Acting City Manager responded that she would get back to
Council on the matter.
ADJOURNMENT
There being no further business, Mayor Gilmore adjourned the meeting at 11:22 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,2011-05-03,14,"MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- - MAY 3, 2011 - -6:30 P.M.
Mayor Gilmore convened the meeting at 6:40 p.m.
Roll Call - Present:
Councilmembers Bonta, deHaan, Johnson, Tam and Mayor
Gilmore - 5.
Absent:
None.
The meeting was adjournment to Closed Session to consider:
(11-202) Public Employment (Government Code Section 54957); Title: City Manager
*
The meeting was recessed at 7:00 p.m. and reconvened at 7:09 p.m.
Following the Closed Session, Mayor Gilmore announced that Council discussed
negotiations for the hiring of a City Manager.
(11-203) Recommendation to Approve Agreement Appointing John A. Russo as City
Manager.
The Human Resource Director gave a brief presentation.
Speakers: Allen Michaan, Alameda; Robert Sullwold (read Jane Sullwold's statement);
Robb Ratto, Park Street Business Association; Honora Murphy, Alameda; former
Councilmember Lil Arnerich, Alameda; and Kate Quick, Alameda.
The Council made brief comments.
Councilmember Tam moved approval of the staff recommendation.
Vice Mayor Bonta seconded the motion, which carried by the following voice vote: Ayes:
Councilmembers Bonta, Johnson, Tam and Mayor Gilmore - 4. Noes: Councilmember
deHaan - 1.
Mr. Russo made brief comments.
Adjournment
There being no further business, Mayor Gilmore adjourned the meeting at 7:48 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
May 3, 2011",CityCouncil/2011-05-03.pdf