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CityCouncil,2011-09-06,1,"MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- - -SEPTEMBER - 6, 2011--7:00 - P.M.
Mayor Gilmore convened the meeting at 7:04 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
(11-409) Mayor Gilmore announced that the proclamations honoring Dr. Challen
[paragraph no. 11-410 and declaring September 17 as Coastal Clean Up Day
[paragraph no. 11-411 would be addressed prior to the Housing Authority Board of
Commissioners meeting.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY & ANNOUNCEMENTS
(11-410) Proclamation Honoring Dr. Alice Challen.
Mayor Gilmore read and presented the proclamation to Dr. Challen.
Proponents (In Favor of Proclamation): Jean Sweeney, Alameda; and Gretchen Lipow,
Alameda.
Dr. Challen made brief comments.
(11-411) Proclamation Declaring September 17 as Coastal Clean Up Day 2011.
Mayor Gilmore read and presented the proclamation to Doug Siden and Sharol Nelson-
Embry, East Bay Regional Park District.
* *
Mayor Gilmore called a recess at 7:23 p.m. to convene the Housing Authority Board of
Commissioners meeting and reconvened the meeting at 8:03 p.m.
(11-412) Board Referral Regarding Deferred Maintenance at the Historic Municipal
Garage Behind City Hall.
Dennis Owens, Historical Advisory Board Chair, gave a brief presentation.
Proponent (In Favor of Board Recommendation): Christopher Buckley, Alameda
Architectural Preservation Society (AAPS).
Regular Meeting
Alameda City Council
1
September 6, 2011",CityCouncil/2011-09-06.pdf
CityCouncil,2011-09-06,2,"The Public Works Director gave a brief presentation.
Mayor Gilmore stated building deterioration would accelerate if water is not kept away
from the garage.
Councilmember Johnson stated prioritizing limited resources is the issue; efforts should
be made to limit deterioration from the elements; inquired whether a facility status report
has been done.
The Public Works Director responded a spreadsheet has been prepared for every
building to determine costs for establishing a sinking fund; stated over $2 million per
year should be allocated to the fund.
Councilmember Johnson stated that she does not recall a spreadsheet coming back to
Council, to which he Public Works Director stated a matrix has been created.
Councilmember Johnson stated the matrix should come back for Council to see what it
would cost to maintain the City's assets; the thought behind doing an analysis is to
determine what the City can afford and whether to keep some of the assets.
The City Manager stated staff would fold the matrix into the budget session on October
25th.
Councilmember deHaan stated the City still has office space at Alameda Point, which
will be vacated eventually; inquired whether the municipal garage could be utilized as
office space.
The Public Works Director responded that he has not looked at using the garage; stated
the garage is being utilized for police motorcycles, electric vehicles, and police
evidence; providing enough space for people would be a stretch; a previous Public
Works Director looked into the matter and found that having fifteen engineers in the
garage would be tight.
Councilmember deHaan stated the garage will always be there and should be
maintained.
The Public Works Director stated that he is committed to annual maintenance but not
enhancements.
Councilmember Tam stated that she recalls a discussion regarding the ability to secure
grant funding for historic buildings such as the Veterans Building; inquired whether grant
funding would be available and whether the City has actively sought and successfully
secured grant funding.
The Public Works Director responded the City received a grant for retrofitting City Hall
and the Carnegie Building; Jean Sweeney has looked into funding for the Veterans
Regular Meeting
Alameda City Council
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September 6, 2011",CityCouncil/2011-09-06.pdf
CityCouncil,2011-09-06,3,"Building, but funding is not available; Community Development staff has been looking to
see if grants would be available for the garage; that he is not sure what was discovered.
Councilmember Tam noted the roof of the Meyers House needs replacing; improved
plumbing would be very costly; stated Council has to establish priorities.
Vice Mayor Bonta thanked Mr. Owens, the Historical Advisory Board, and AAPS for
sharing concerns; stated that he agrees that issues of critical importance need to be
addressed; issues need to be reviewed in full context of deferred maintenance needs.
ORAL COMMUNICATIONS. NON-AGENDA
(11-413) Mary Johnson, Alameda, discussed establishing smoking regulations in shared
living spaces, such as apartments.
In response to Mayor Gilmore's inquiry about the forthcoming regulations, the Assistant
City Manager stated the ordinance would be presented to Council sometime in the next
month.
CONSENT CALENDAR
Councilmember Tam moved approval of the Consent Calendar.
Vice Mayor Bonta seconded the motion, which carried by unanimous voice vote - 5.
[Items so enacted or adopted are indicated by an asterisk preceding the paragraph
number.]
(*11-414) Minutes of the Special City Council Meeting held on July 12, 2011, the
Special and Regular City Council Meetings Held on July 19, 2011, and the Special City
Council Meeting Held on July 30, 2011. Approved.
(*11-415) Ratified bills in the amount of $11,638,975.86.
(*11-416) Recommendation to Accept the Work of Roto Rooter for Citywide Sewer Main
Video Inspection, Phase 3, No. P.W. 02-10-08. Accepted.
(*11-417) Recommendation to Award Contract in the Amount of $3,442,755, Including
Contingencies, to Ranger Pipelines, Inc. for the Cyclic Sewer Replacement Project,
Phase 9, No. P.W. 03-11-05. Accepted.
(*11-418) Recommendation to Award Contract in the Amount of $270,014, Including
Contingencies, to Sport Court Tennis for Rehabilitation of Tennis Courts (Various
Locations), No. P.W. 05-11-10. Accepted.
(*11-419) Recommendation to Approve a Consultant Agreement for $23,830 with
Thunderbird Communications, Inc. for the City of Alameda's Pump Stations System
Regular Meeting
Alameda City Council
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September 6, 2011",CityCouncil/2011-09-06.pdf
CityCouncil,2011-09-06,4,"Control and Data Acquisition Equipment. Accepted.
(*11-420) Resolution No. 14615, ""Authorizing the City Manager to Submit a Grant
Application for $328,092 to TransForm for the Cycle 4 Safe Routes to Transit Program
and to Execute All Necessary Documents."" Adopted.
(*11-421) Introduction of Ordinance Authorizing the Execution of Lease of Real Property
between the City, as Lessor, and Alameda Swimming Pool Association, as Lessee, for
Swimming Pool Facilities at Lincoln and Franklin Parks. Introduced.
REGULAR AGENDA ITEMS
None.
CITY MANAGER COMMUNICATIONS
(11-422) Update on Upcoming Public Workshops to Address: Labor Negotiations, the
Independent Report on Crown Beach Incident and the Budget
The City Manager and City Attorney gave a brief presentation on workshops that would
be held on September 27th, October 11th, and October 25th
Mayor Gilmore inquired whether current Memorandum of Understandings (MOU's)
would be available to the public.
The Assistant City Manager responded all MOU's are available on the City's website
under the Human Resources section; stated copies could be provided.
The Acting City Attorney stated negotiations would involve four bargaining groups.
Councilmember Johnson inquired whether the contracts have side letters.
The Assistant City Manager responded that she will double check; stated some MOU's
would incorporate language rather than having two separate documents.
Councilmember Johnson stated side letters and past practices should be addressed.
The City Manager stated that staff is aware of Council's concern with the number of side
letters; side letters would be limited in the future.
The Acting City Attorney noted the upcoming Fire Management MOU would have zero
side letters.
The City Manager continued the presentation.
The Assistant City Manager stated on October 25th, staff would present a report on how
Regular Meeting
Alameda City Council
4
September 6, 2011",CityCouncil/2011-09-06.pdf
CityCouncil,2011-09-06,5,"the last fiscal year budget ended; staff does not want to direct the conversation but
would like to open it up to Council and community comments.
Councilmember deHaan inquired whether staff would provide a first quarter review, to
which the Assistant City Manager responded staff would provide whatever information is
available.
(11-423) Introduction of New Community Development Director
The City Manager introduced the Community Development Director.
The Community Development Director stated that she looks forward to working in
Alameda and thanked Council for the opportunity to be part of the team.
ORAL COMMUNICATIONS, NON-AGENDA
None.
COUNCIL REFERRALS
(11-424) Discussion of Confidentiality of Applicants During Recruitments.
Councilmember deHaan made brief comments.
Mayor Gilmore stated that she is unclear on the concept of Councilmember deHaan's
referral.
Councilmember deHaan stated that he is asking Council to recommit to upholding the
confidentiality of what is done in Closed Session and the selection process.
Councilmember Johnson stated that she is offended that Councilmember deHaan is
saying that Council is not committed.
Mayor Gilmore questioned why a recommitment is necessary; stated Council has
affirmed to keep to the strictest dictates of confidentiality; stated that she is unclear why
Council needs to recommit to something that is already being done.
Councilmember deHaan inquired whether there was a breech.
Mayor Gilmore inquired on which occasion, to which Councilmember deHaan
responded the most recent occasion.
Mayor Gilmore requested that the Human Resources Director explain the [recruitment]
process.
The Human Resources Director stated the Human Resources Department keeps
Regular Meeting
Alameda City Council
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September 6, 2011",CityCouncil/2011-09-06.pdf
CityCouncil,2011-09-06,6,"confidentiality for all City positions; applicants apply through the website or regular
mailing; all Human Resources employees understand information cannot be public;
applicants may also apply directly through Human Resources email; for the recent City
Attorney position, many applicants applied through the email process; information was
downloaded and a file was created for Council; resumes were copied and a notebook
was prepared for the Mayor's office for Council; no one was provided with a list of
applicants; that she advised the media that applicant information is not public and
cannot be released; the Council Sub-committee narrowed the applicants down to a
smaller group for interviews; confidentially was kept between the two Sub-committee
members, herself, and another staff person who helped prepare a letter and documents
for the applicants; the applicants were initially called and then a letter was sent stating
that although staff would like to maintain confidentiality, staff cannot always guarantee it
because a public meeting would need to be posted; the public would have the
opportunity to attend the meeting and see the candidates; the list was narrowed down
again for a second interview; that she was the only one in Human Resources that knew
who the candidates were for the second round of interviews; she advised the
candidates once again regarding the confidentiality issue; the City has no way of
preventing candidates from releasing their own names if they choose to do so.
Councilmember deHaan stated that he would leave the issue at that; staff did exactly
what needed to be done; concerns have been expressed by the Mayor and others; a
recommitment is needed at this time.
Councilmember Johnson stated that she is still bothered; Councilmember deHaan's
comments are vague and ambiguous; Councilmember deHaan is accusing Council of
leaking information; Council was very disturbed that information was leaked; that she is
offended that Councilmember deHaan is accusing four Councilmembers of leaking
information.
Councilmember deHaan stated that Mayor Gilmore accused him of leaking information.
Mayor Gilmore stated that she addressed Councilmember deHaan directly.
Councilmember deHaan stated accusations were made without any foundation.
Mayor Gilmore stated that she gave Councilmember deHaan the courtesy of saying
what she thought, listening to what Councilmember deHaan had to say, and apologizing
if she was wrong the same day.
Councilmember Tam stated in both instances [City Manager and City Attorney
recruitment] potential candidates made a declaration and solicited letters of support
from the community, which is part of the public record; suggesting that a
Councilmember provided information is not accurate.
COUNCIL COMMUNICATIONS
Regular Meeting
Alameda City Council
6
September 6, 2011",CityCouncil/2011-09-06.pdf
CityCouncil,2011-09-06,7,"(11-425) Consideration of Mayor's Nomination for Appointment to the Civil Service
Board.
Mayor Gilmore nominated Marguerite M. Malloy.
ADJOURNMENT
There being no further business, Mayor Gilmore convened the meeting at 8:50 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown Act.
Regular Meeting
Alameda City Council
7
September 6, 2011",CityCouncil/2011-09-06.pdf
CityCouncil,2011-09-06,8,"MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- - - -SEPTEMBER 6, 2011-6:30 - P.M.
Mayor Gilmore convened the meeting at 6:35 p.m.
Roll Call - Present:
Councilmembers Bonta, deHaan, Johnson, Tam and Mayor
Gilmore - 5.
Absent:
None.
The meeting was adjourned to Closed Session to consider:
(11-408) Conference with Labor Negotiators (54957.6); Agency Negotiators: Human
Resources Director and Joe Wiley; Employee Organizations: Alameda Fire
Management Association.
Following the Closed Session, the meeting reconvened and Mayor Gilmore announced
that the Labor Negotiator explained the status of negotiations with the Alameda Fire
Management Association; the City Council provided direction.
Adjournment
There being no further business, Mayor Gilmore adjourned the Special Meeting at 6:50
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
September 6, 2011",CityCouncil/2011-09-06.pdf
CityCouncil,2011-09-06,9,"MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND
COMMUNITY IMPROVEMENT COMMISSION (CIC) MEETING
TUESDAY- - -SEPTEMBER 6, 2011--7:01 P.M.
Mayor/Chair Gilmore convened the meeting at 9:08 p.m.
ROLL CALL -
Present:
Councilmembers/Commissioners
Bonta,
deHaan,
Johnson, Tam and Mayor/Chair Gilmore - 5.
Absent:
None.
ORAL COMMUNICATIONS, NON-AGENDA
None.
MINUTES
(11-034 CIC) Minutes of the Special Joint City Council, Alameda Reuse and
Redevelopment Authority and CIC Meeting Held on June 28, 2011; and the Special
Joint City Council and CIC Meeting Held on July 5, 2011. Approved.
Commissioner Tam moved approval of the minutes.
Commissioner Bonta seconded the motion, which carried by unanimous voice vote - 5.
[Items so enacted or adopted are indicated by an asterisk preceding a paragraph
number.]
AGENDA ITEM
(*11-426 CC/*11-035 CIC) Recommendation to Appropriate $237,113 from Community
Improvement Commission West End Community Improvement Project Bond Funds,
$83,416 in Capital Project Fund, $47,000 from Paying In-Lieu Fees, and $130,000 from
the Parking Meter Fund and Award a Contract in the Amount of $1,476,583, Including
Contingencies, to Suarez & Munoz Construction, Inc. for Park Street Streetscape,
Lincoln Avenue to Webb Avenue, and Central Avenue to San Jose Avenue, No. P.W.
10-09-30.
The Public Works Director stated tonight's action only requires Council approval; the
Streetscape Project was listed in the official statement when redevelopment bonds were
issued in 2003 and was also included in the public improvement reimbursement
agreement that was executed between the City and CIC in February of this year; a CIC
vote would be redundant; the project is consistent with the enforceable obligation
payment schedule that would be addressed at the following CIC meeting; in light of the
uncertainty created by the pending redevelopment case before the Supreme Court and
the potential for further changes to redevelopment law Statewide, staff is requesting that
Special Joint Meeting
Alameda City Council and Community
Improvement Commission
September 6, 2011",CityCouncil/2011-09-06.pdf
CityCouncil,2011-09-06,10,"Council authorize staff to have some flexibility to substitute other specified funds such
as Measure B, gas tax, and other non-General Fund transportation related funds should
CIC bond money not be available.
Proponent (In Favor of Staff Recommendation): Robb Ratto, Park Street Business
Association.
In response to Councilmember deHaan's inquiry, the Public Works Director stated work
would be done in the area from Tilden Way to San Jose Avenue.
Councilmember deHaan stated a third phase would need to be done at a later date.
The Public Works Director stated a third phase would be part of the North of Lincoln
Project.
Vice Mayor Bonta moved approval of the staff recommendation with amendments
[Council action only and authorizing staff to have some flexibility to substitute other
specified funds such as Measure B, gas tax, and other non-General Fund transportation
related funds should CIC bond money not be available].
Councilmember Tam seconded the motion, which carried by unanimous voice vote - 5.
In response to Councilmember Johnson's inquiry, the Public Works Director stated
lights have been ordered and should be delivered by late September; installing lights
before the holidays would depend upon the weather.
ADJOURNMENT
There being no further business, Mayor/Chair Gilmore adjourned the meeting at 9:12
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 Community
Improvement Commission
September 6, 2011",CityCouncil/2011-09-06.pdf