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CityCouncil,2011-06-07,1,"MINUTES FOR THE REGULAR CITY COUNCIL MEETING
TUESDAY- - -JUNE 7, 2011- - - -7:00 P.M.
Mayor Gilmore convened the meeting at 7:34 p.m. Vice Mayor Bonta led the Pledge of
Allegiance.
ROLL CALL -
Present:
Councilmembers Bonta, deHaan, Tam and Mayor
Gilmore - 4.
Absent:
Councilmember Johnson - 1.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY & ANNOUNCEMENTS
(11-283) Presentation of Certificates of Appreciation for Neighborhood Library
Improvement Project.
Mayor Gilmore read and presented the certificates to Barbara Hawkins, Eva Volin, Gert
Woods, Jesus Vargas, Laurie Kozisek, Luzanne Engh, Michael Haritgan, Noll & Tam
Architects, and Jane Chisaki.
(11-284) Proclamation Declaring the Month of June as Lesbian, Gay, Bisexual, and
Transgender (LGBT) Pride Month.
Mayor Gilmore read and presented the Proclamation to Leslie Krongold and Allan
Mann.
ORAL COMMUNICATIONS, NON-AGENDA
(11-285) Janet Davis, Alameda, addressed the Animal Shelter.
CONSENT CALENDAR
Councilmember deHaan moved approval of the Consent Calendar.
Councilmember Tam seconded the motion, which carried by unanimous voice vote - 4.
[Absent: Councilmember Johnson - 1.] [Items so enacted or adopted are indicated by
an asterisk preceding the paragraph number.]
(*11-286) Minutes of the Special and Regular City Council Meetings of May 17, 2011;
the Joint City Council and Board of Education Meeting and the Special City Council
Meeting of May 19, 2011; and the Special City Council Meeting of May 24, 2011.
Approved.
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June 7, 2011",CityCouncil/2011-06-07.pdf
CityCouncil,2011-06-07,2,"(*11-287) Ratified bills in the amount of $3,053,457.33.
(*11-288) Recommendation to Award a Contract in the Amount of $84,202 including
Contingencies, to E2 Consulting for the Smoke Testing of the City of Alameda's
Sanitary Sewer System, No. P.W. 03-11-06. Accepted.
(*11-289) Recommendation to Award a Contract in the Amount of $598,000, Including
Contingencies, to Gallagher & Burk, Inc. for Repair and Resurfacing of Certain Streets,
Phase 30, No. P.W. 10-10-26. Accepted.
(*11-290) Resolution No. 14569, ""Requesting and Authorizing the County of Alameda to
Levy a Tax on All Real and Personal Property in the City of Alameda as a Voter
Approved Levy for the General Obligation Bonds Issued Pursuant to a General Election
Held November 7, 2000."" Adopted.
(*11-291) Ordinance No. 3032, ""Amending Ordinance No. 1277, N.S. to Rezone
Approximately .06 Acres located at 1348 Weber Street, APN 073 039702600 from C-1,
Neighborhood Business Zoning District, to R-4, Neighborhood Residential Zoning
Designation."" Finally passed.
REGULAR AGENDA ITEMS
(11-292) Resolution No. 14570, ""Appointing David Burton as Member of the Planning
Board.' Adopted; and
(11-292 A) Resolution No. 14571, ""Appointing Mike Henneberry as Members of the
Planning Board."" Adopted.
Councilmember Tam moved adoption of the resolutions.
Vice Mayor Bonta seconded the motion, which carried by unanimous voice vote - 4.
[Absent: Mayor Johnson -1.]
The City Clerk administered the Oath of Office and presented certificates to Mr. Burton
and Mr. Henneberry.
(11-293) Public Hearing to Consider Resolution No. 14572, ""Confirming the Business
Improvement Area Report for FY 11-12 and Levying an Annual Assessment on the
Alameda Business Improvement Area of the City of Alameda for FY 11-12."" Adopted.
The Deputy City Manager - Development Services gave a brief presentation.
Councilmember Tam moved adoption of the resolution.
Vice Mayor Bonta seconded the motion, which carried by unanimous voice vote - 4.
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June 7, 2011",CityCouncil/2011-06-07.pdf
CityCouncil,2011-06-07,3,"[Absent: Mayor Johnson -1.]
(11-294) Public Hearing to Consider Resolution No. 14573, ""Establishing Integrated
Waste Collection Ceiling Rates and Service Fees for Alameda County Industries, Inc.,
for Rate Period 10 (July 2011 to June 2012) and Allocating $210,000 from the
Integrated Waste Management Account."" Adopted.
The Public Works Director and Rick Simonson, HF&H, gave a brief presentation.
Councilmember deHaan stated some recyclables have a deposit value; inquired
whether a substantial amount of money is generated from said items.
Mr. Simonson responded in the affirmative; stated the commodity market dropped in
2008; the City negotiated a deal for revenue sharing; commodity revenues help offset
rates.
Councilmember deHaan inquired whether ACI receives the face value of what a
container is worth, to which Mr. Simonson responded in the affirmative.
Speaker: Robb Ratto, Park Street Business Association (PSBA).
Councilmember Tam stated the City should take pride in its recycling efforts; Alameda
has the highest rate for recycling in the County; 80% of the City's waste is diverted from
landfills; expressed appreciation for efforts made to manage rates in tough economic
times.
Councilmember Tam moved adoption of the resolution.
Vice Mayor Bonta seconded the motion, which carried by unanimous voice vote - 4.
[Absent: Mayor Johnson -1.]
(11-295) Public Hearing to Consider Collection of Delinquent Business License Taxes
and Delinquent Integrated Waste Management Accounts Via the Property Tax Bills.
The City Controller gave a brief presentation.
Councilmember Tam noted Citibank owes over $3,372.
The City Controller stated business license tax is based on either gross receipts or
number of employees; Citibank's amount is based on gross receipts.
Councilmember deHaan inquired whether the number of delinquent accounts noted in
the staff report are current, to which the City Controller responded the number
of
accounts have gone down slightly.
Vice Mayor Bonta moved approval of the staff recommendation.
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CityCouncil,2011-06-07,4,"Councilmember deHaan seconded the motion, which carried by unanimous voice vote -
4. [Absent: Councilmember Johnson - 1.]
(11-296) Public Hearing on Collection of Delinquent Administrative Citation Fees.
The Chief Building Official gave a brief presentation.
Vice Mayor Bonta stated that he would recuse himself from voting on 1710 Jay Street.
Councilmember deHaan stated the number of citations is significant and appears to be
more than in the past.
The Chief Building Official stated citations are more than in the past; some properties
are repeats.
Speaker: Patrick Petzel, representing 1710 Jay Street.
Mayor Gilmore inquired whether said property has had long-term issues, to which Mr.
Petzel responded in the affirmative.
Councilmember deHaan inquired when liens would be recorded, to which the Chief
Building Official responded June 30, 2011.
Councilmember deHaan inquired whether the 1710 Jay Street issue could be resolved
by then, to which Mr. Petzel responded the issue should be able to be resolved by then.
Mayor Gilmore inquired whether staff is in favor of Mr. Petzel's request [to work with
staff on the issue], to which the Chief Building Official responded in the affirmative.
Councilmember Tam inquired whether other property owners are in a similar situation
[as 1710 Jay Street]; further inquired whether efforts have been made to resolve issues.
The Chief Building Official responded the 1710 Jay Street property owner is the only
one who has come forward to resolve the issue.
Councilmember deHaan inquired how penalties are assessed, to which the Chief
Building Official responded citations start at $250, increase to $500 for the second
citation, $1,000 for the third citation, and $1,000 for each citation thereafter.
Councilmember Tam moved approval of the staff recommendation, with the exception
of 1710 Jay Street.
Councilmember deHaan seconded the motion, which carried by unanimous voice vote -
4. [Absent: Councilmember Johnson - 1.]
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June 7, 2011",CityCouncil/2011-06-07.pdf
CityCouncil,2011-06-07,5,"CITY MANAGER COMMUNICATIONS
(11-297) Crown Beach Incident
The Acting City Manager stated the Fire policy on rescue swimmers has been repealed;
under the new policy that was issued last Tuesday, the on scene Incident Commander
will now have the discretion to send rescue swimmers into the water as appropriate;
thirty members of the Fire Department have volunteered for the Rescue Swimmer
Training Program; sixteen will start water training next week; the website will have a
repository for documents and files regarding the matter and will be available later this
week; documents will be added as they become available; radio transmissions and
phone calls into and out of the Police Department Communications Center will be
available; recordings have been redacted to delete a private cell phone number and
private home addresses; a comment regarding the medical condition of someone other
than Mr. Zack will not be audible; radio communications between the Fire Department
and the County Communication Center will be available; a written transcript will also be
available; a written timeline summary of Alameda Police Department and Alameda Fire
Department responses will be provided; other records relevant to the incident, including
[Fire Department] Information Bulletin 1762, which is the 2009 memo regarding the
status change of the Service Water Rescue Swimming Program, will be available in
addition to [Fire Department] Information Bulletin 1884 issued last week regarding the
operational status change for Service Water Rescue swimmers and [Fire Department]
General Bulletin 146, which is the 2003 policy on water rescue operations which runs
the gamut covering swimmers and boats; other documents will be reviewed for
exemptions from the Public Records Act.
Mayor Gilmore stated the situation is very tragic for Mr. Zach, his family, and members
of the public; there has been a lot of communication via phone calls and emails; the
public is deeply concerned; one reason the matter is on the agenda is because it would
be appropriate for Council to call for an independent review of the situation even though
the Police and Fire Departments are doing their own investigation; an independent
review is warranted; determining what happened and when it happened is extremely
important; timelines will be reviewed in addition to existing documents, policy,
procedures, and protocols so that Council can determine what needs to be changed;
people are very upset about the incident; Council is upset also but needs to wait until
the results of the investigation; scoring political points by making a lot of different
statements, accusations, and placing blame would be easy but will not bring back Mr.
Zach, provide comfort to his family, or ensure that something as terrible as this incident
would not happen again; the only way the City can give its citizens credible assurances
is to find out exactly what happened, when it happened, and continue to make changes
so that this terrible incident does not happen again; when the independent review is
complete, the results will be shared with the community; right now, there is a confidence
problem; that she wants to ensure residents that necessary changes will continually be
made.
Speakers: Liz Williams, Alameda; Denise Lai, Alameda (submitted comments); Janet
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June 7, 2011",CityCouncil/2011-06-07.pdf
CityCouncil,2011-06-07,6,"Waring, Alameda; James Lester, Alameda; Len Grzanka, Alameda (submitted
comments); Peter Aschwanden, Alameda; Patty Rose, Alameda; Rosemary McNally,
Alameda (submitted comments); Adam Gillitt, Alameda; Daniel Lisker; Joyce Carroll,
Alameda; David Howard, Alameda; Robert Todd, Alameda; Jon Spangler, Alameda;
Michael John Torrey, Alameda; Helen Jefferson, Alameda; Alexander Stevens,
Alameda; Gregg deHaan, Alameda; Carol Gottstein, Alameda; Nancy Hird, Alameda
Citizen's Task Force; Joanne Harnett, Alameda; Dawna Dowdell, Alameda; Harriett
Petroelje, Alameda; Alan Pryor, Alameda; Brian Berg, Alameda; Trish Spencer,
Alameda; and Warren Brunetti, Alameda.
Vice Mayor Bonta left the dais at 8:55 p.m. and returned at 8:56 p.m. Councilmember
Tam left the dais at 8:58 p.m. and returned at 9:00 p.m.
Vice Mayor Bonta stated the incident is very emotional and tragic; that his heart goes
out to Mr. Zach and his family; Council has taken and will continue to take steps to
address the incident, not the least of which is the Interim Fire Chief's swift and decisive
action in immediately changing the water rescue policy; in addition, Council will be
initiating a very thorough, independent review of exactly what happened and why and,
while in the process, get to the root cause of the incident; we can do better, must do
better, and will do better; Alameda has always been a very safe community with
dedicated, committed, and hard working public safety employees; Police Officers and
Firefighters have served the community very well for many years and will continue to
serve the community for many years to come; the City's Police and Fire Departments
remain critical and highly valued components of the City and community services.
Councilmember deHaan stated that he has a very heavy heart regarding the matter; the
past week has been a very trying experience for him and his family; that he personally
takes responsibility for oversight of community welfare; he feels that the Council's
commitment has not been fulfilled at this point; he is not comfortable that a resolution
will be made quickly; an external review is needed; the community and Police and Fire
Departments need to consider having a stand down, which involves reviewing all
procedures; that he recommends reviewing all procedures and processes as soon as
possible and moving forward in a good manner to bring the matter to a conclusion.
Councilmember Tam expressed her sympathy; stated her heart goes out to the family of
Mr. Zach, the community, and public safety personnel who felt that they were
handcuffed in doing their job; accurate information needs to be provided; too many
people are second guessing the snippets of hearsay and information; that she has had
the chance to review part of the 911 records which do not seem to be consistent with
comments made this evening; that she is glad the Acting City Manager will ensure that
everything is made public and documents are not hidden; that she does not think the
unjust accusations are warranted; Council will be looking at the incident with an
independent eye and independent review of all protocols and directives to understand
the root cause; Council needs to ensure that all information is readily available.
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June 7, 2011",CityCouncil/2011-06-07.pdf
CityCouncil,2011-06-07,7,"Mayor Gilmore thanked everyone who came out to speak on the incident; stated
comments have been heartfelt; Council has pledged to go forward in a transparent
manner and do an independent review of what happened; that she believes the matter
has been immensely difficult for everyone; it is going to take time for the community to
come back together again and have the same kind of confidence as before; Council is
committed to taking the time and helping the community get through the issue.
*
Mayor Gilmore called a recess at 9:44 p.m. and reconvened the meeting at 10:00 p.m.
(11-298) Receive an Update on the Associated Community Action Program
The Acting City Manager gave a brief presentation.
Vice Mayor Bonta inquired what is the best estimate when people will know all
obligations have been satisfied.
The Acting City Manager responded the final wind down is taking longer than
anticipated; stated September 1st is a good outside date.
(11-299) Acting City Manager Remarks
The Acting City Manager thanked the Council for putting faith in her to serve as Acting
City Manager for the past five and a half months; stated the opportunity has been
invaluable; community support has been wonderful.
Mayor Gilmore thanked the Acting City Manager for stepping up to the challenge and
making her transition to Mayor as painless as possible; stated the Acting City Manager
is an invaluable asset to the City.
Vice Mayor Bonta expressed his deep appreciation for the Acting City Manager's
service; stated he personally appreciates seeing all of her talents first hand.
Councilmember Tam stated the Acting City Manager has demonstrated her ability to
inspire confidence within the team.
Councilmember deHaan stated the Acting City Manager has moved the City forward
during very difficult times.
Speaker: Robb Ratto, PSBA.
ORAL COMMUNICATIONS, NON-AGENDA
None.
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June 7, 2011",CityCouncil/2011-06-07.pdf
CityCouncil,2011-06-07,8,"COUNCIL REFERRALS
(11-300) Provide Direction on the Proposed Next Steps and Public Engagement in
Reviewing Commissions.
Councilmember deHaan and Vice Mayor Bonta gave a brief presentation.
Vice Mayor Bonta suggested folding in Phase 2 [community engagement] and Phase 3
[improve the efficacy and efficiency of the commissions].
Councilmember deHaan stated that he does not have a problem with said suggestion;
that he and Vice Mayor Bonta have met with various business groups; commission
efficiency is very important.
Mayor Gilmore thanked the Subcommittee for all the hard work; stated Council has
been concerned with staff resources; going forward, Council needs to be concerned
about the use of staff resources and the efficiency of how commissions work and
communicate with Council; the commissions are another place for the community to
provide input before coming to Council; knowing how to be lean, mean and efficient
while still maximizing the opportunity for citizen input is important; both ends [staff
resources and citizen input] need to be reviewed; having five members on a
commission might be difficult for getting a quorum.
Councilmember deHaan stated merging commissions might create a problem by losing
a voice.
Mayor Gilmore stated that she is not opposed to merging commissions.
The Acting City Manager stated the Commission on Disability Issues and Youth
Commission have eleven members, which could pose a recruitment problem and an
administrative burden on the City Clerk's office.
Councilmember Tam stated that she would like to maximize staff time and resources; a
skeleton proposal should be provided outlining how staff and the Subcommittee believe
that the roles of the boards and commissions can be more efficient and more effective
in communicating to the Council; input from the community is needed at the front end;
going past September would be okay.
Vice Mayor Bonta stated having a proposal could be helpful when seeking public input;
that he does not want to provide the perception that the proposal has pre-cooked ideas;
that he would like to get a better idea of how the front end concept.
Councilmember Tam stated on-line input would be one of the tools; a workshop or
webinar could be held to solicit input; that she is concerned each board and commission
might not understand rolls and objectives, the vehicle to use to communicate to Council,
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June 7, 2011",CityCouncil/2011-06-07.pdf
CityCouncil,2011-06-07,9,"or whether Council hears input beyond minutes and agendas; effectiveness is going to
be key in terms of understanding how boards and commissions develop work plans and
procedures; the Lawrence Berkeley National Laboratory (LBNL) matter is the first time
she has seen any direct interaction between the Economic Development Commission
and Council.
Councilmember deHaan stated boards and commissions need to refocus on real
missions and how to share information; boards and commissions play a key roll in
putting thought patterns together.
Councilmember Tam stated that she is in agreement with the next steps as outlined in
the Council Referral if her comments are incorporated.
Councilmember deHaan stated that he is in agreement to incorporate Councilmember
Tam's comments.
The Acting City Manager stated the Subcommittee and staff need to meet to see how
Councilmember Tam's comments can be incorporated; staff may need to come back to
Council to ensure that everything is right on track.
COUNCIL COMMUNICATIONS
None.
ADJOURNMENT
(11-301) There being no further business, Mayor Gilmore adjourned the meeting at
10:32 p.m. in memory of Raymond Zack and Brian Sorenson.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown Act.
Regular Meeting
Alameda City Council
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June 7, 2011",CityCouncil/2011-06-07.pdf
CityCouncil,2011-06-07,10,"MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND
PUBLIC UTILITIES BOARD (PUB) MEETING
TUESDAY- -JUNE 7, 2011--6:00 - P.M.
Mayor Gilmore convened the Joint Meeting at 6:00 p.m.
ROLL CALL -
Present:
Councilmembers Bonta, deHaan, Tam and Mayor
Gilmore; Acting Board Member Goldman, Board
Members Deaton, Hamm, Holmes, and McCahan - 9.
Absent:
Councilmember Johnson - 1.
(11-280 CC/PUB) Conference with Legal Counsel - Existing Litigation (Government
Code Section 54956.9); Name of Cases: Vectren Communication Services V. City of
Alameda, Acting By and Through Alameda Municipal Power Bernard A. Osher, Trustee
V. City of Alameda, et al City of Alameda on Behalf of Itself and Alameda Municipal
Power, et al V. Nuveen Municipal High Income Opportunity Fund, et al
(11-281 CC) Conference with Labor Negotiators (54957.6); Agency negotiators: Joe
Wiley and Human Resources Director; Employee organizations: All Public Safety
Bargaining Units.
(11-282 CC) Conference with Legal Counsel - Existing Litigation; (Government Code
Section 54956.9); Name of Case: In re: Estate of William G. Whittier (Case No.
RP10525921)
Following the Closed Session, Mayor Gilmore announced that regarding Vectren, the
Acting Legal Counsel and outside Council briefed the City Council and PUB; the Council
and PUB provided direction; regarding Labor, the labor negotiators briefed Council;
direction was provided to the negotiators; regarding Whittier, the Council was briefed on
the litigation and provided direction.
Adjournment
There being no further business, Mayor Gilmore adjourned the meeting at 7:30 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown Act.
Special Joint Meeting
Alameda City Council and
Public Utilities Board
June 7, 2011",CityCouncil/2011-06-07.pdf