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CityCouncil,2012-05-01,1,"MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- - MAY 1, 2012--7:00 P.M.
Mayor Gilmore convened the meeting at 7:39 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
(12-184) The Proclamation for Jimmy Doolittle Day [paragraph no. 12-187 was
withdrawn.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY & ANNOUNCEMENTS
(12-185) Proclamation Declaring the Month of May as Older Americans' Month.
Mayor Gilmore read the proclamation and presented it to Joy Pratt, Mastick Senior
Center Advisory Board President.
(12-186) Proclamation Declaring May 1, 2012 as Alameda Islanders Soccer
Champions' Recognition Day.
Mayor Gilmore read the proclamation and presented it to Peter Holmes, Soccer Club
President, Chris Lonsdale, and many players.
(12-187) Proclamation Declaring May 5, 2012 as the First Annual General Jimmy
Doolittle Day.
The item was withdrawn.
(12-188) Proclamation Declaring May 10, 2012 as Alameda Bike to Work Day. (Public
Works)
Mayor Gilmore read the proclamation and presented it to Bonnie Wehmann and Jeff
Cambra, League of Women Voters.
ORAL COMMUNICATIONS, NON-AGENDA
(12-189) Allan Michaan, Antiques By the Bay, Assembly Bill 391 could put the faire out
of business; the bill would create requirements that would put sellers out of business;
the business pays $500,000 in rent; urged Council to take a position.
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CityCouncil,2012-05-01,2,"Councilmember Johnson the bill sounds prohibitive; inquired wither it would apply to
Craigslist and garage sales, to which Mr. Michaan responded in the affirmative.
Mayor Gilmore inquired whether staff could look into the matter.
The City Manager stated that he is meeting with Mr. Michaan.
The Assistant City Manager stated the matter is not on the legislative list, but the matter
could be placed on the May 15th agenda.
(12-190) Trish Spencer, Alameda, stated the ballot question for Measure C does not
include the words ""30 years;"" reviewed where 30 years appears in sample ballot; stated
many voters do not read the entire materials; that she cannot support the measure
without 30 years; the measure should be withdrawn and placed on the November ballot.
(12-191) Sharan Aminy, Eden I & R, discussed the 2-1-1 program; thank the City for its
continued support.
(12-192) Jane Sullwold, Golf Commission, submitted information; stated the Golf
Commission voted to award the lease to Greenway.
Councilmember Johnson inquired about the Golf Commission's vote, to which Ms.
Sullwold responded the vote was 3 to 2 in favor of Greenway Golf.
Councilmember Johnson questioned whether there was agreement among the golfers
or the Golf Commission.
Ms. Sullwold stated noted Commissioner Ray Gaul would have voted for Greenway if
more financial information was available.
(12-193) Jon Spangler, Alameda, discussed the Golf Commission public meeting and
supports the commission's recommendation
Councilmember deHaan stated that he attended the meeting, which was well done; that
he was very impressed with the Golf Commission and the public.
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.]
(*12-194) Minutes of the Special and Regular City Council Meetings Held on April 3,
2012. Approved.
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CityCouncil,2012-05-01,3,"(*12-195) Ratified bills in the amount of $3,684,521.63.
(*12-196) Recommendation to Authorize Call for Bids for Legal Advertising for Fiscal
Year Ending June 30, 2013. Accepted.
(*12-197) Recommendation to Adopt Plans and Specifications and Authorize a Call for
Bids for Walnut Street Seawall Repair, No. P. W. 01-12-02. Accepted.
(*12-198) Recommendation to Authorize Expenditure of Up to $35,030 from the Public
Art Fund for Consultant Fees for an Update of the City's Public Art Program. Accepted.
(*12-199) Resolution No. 14669, ""To Preliminarily Approve the Annual Report Declaring
the City's Intention to Order the Levy and Collection of Assessments and Providing for
Notice of Public Hearing on June 19, 2012 - Island City Landscaping and Lighting
District 84-2."" Adopted.
(*12-200) Resolution No. 14670, ""To Preliminarily Approve the Annual Report Declaring
the City's Intention to Order the Levy and Collection of Assessments and Providing for
Notice of Public Hearing on June 19, 2012 - Maintenance Assessment District 01-01
(Marina Cove).' Adopted.
(*12-201) Resolution No. 14671, ""Authorizing the City Manager to Submit an Application
for Measure B Paratransit Funding in the Amount of $184,000 for Fiscal Year 2012-
2013 and to Execute all Necessary Documents."" Adopted.
(*12-202) Ordinance No. 3044, ""Extending the Agreement Between the City of Alameda
and Waste Management of Alameda County Inc. for Solid Waste Disposal Services for
a Five-Year Period, Until September 30, 2017."" Finally passed.
REGULAR AGENDA ITEMS
(12-203) Public Hearing to Consider Adoption of the FY12-13 Community Development
Block Grant/HOME Partnership Investment Program Action Plan and Authorize the City
Manager to Negotiate and Execute Related Documents, Agreements, and
Modifications.
The Community Development Program Manager gave a brief presentation,
Expressed appreciation for funding for the Midway Shelter and urged approval: Patricia
Bidar, Building Futures with Women and Children (BFWC) read a letter from Liz Varela,
Executive Director of BFWC, urging council to support staff's recommendation.
Vice Mayor Bonta inquired what principles drove the decision to cut specific programs
due to the limited funding this year.
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May 1, 2012",CityCouncil/2012-05-01.pdf
CityCouncil,2012-05-01,4,"Vice Mayor Bonta inquired whether Alternatives in Action (AIA) would fill its budget gaps
from other funding sources, of if services would be reduced.
The Community Programs Project Manager responded she does not know if AIA was
able to fill the gap; AIA is very successful in fund raising and receives funds from
companies like HBO.
Councilmember deHaan moved approval of the staff recommendation.
Councilmember Johnson seconded the motion, which carried by unanimous voice vote
- 5.
(12-204) Introduction of Ordinance Approving a Lease and Authorizing the City
Manager to Execute Documents Necessary to Implement the Terms of the Lease with
Pacific Shops, Inc for an Initial Term of 25 Years with a 41 Year Option for the
Tidelands Property Located along Clement Street between Alameda Marina Drive and
Willow Street, Generally Known as Alameda Marina. Introduced.
The Community Development Director gave a brief presentation.
Councilmember Johnson stated that she is glad the agreement mutually benefits both
the residents of Alameda and the tenants of the property; inquired what is the current
base rent.
The Community Development Director responded $117,000; stated over five years, the
rent expands to include a percentage of other activities on the site.
Councilmember Johnson inquired if the current lease requires capital improvements, to
which the Community Development Director responded in the negative.
Mayor Gilmore inquired what triggers the lease extension.
The Community Development Director responded development markers have been
designed to ensure there is a development plan; lease extension is important for
financing the project.
Vice Mayor Bonta inquired should whether not meeting the conditions is considered a
material breach of the lease, to which the City Attorney responded in the affirmative;
Regular Meeting
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May 1, 2012",CityCouncil/2012-05-01.pdf
CityCouncil,2012-05-01,5,"stated there would be a breach of the lease and a notice to cure would be issued; if the
cure does not happen, the lease would be terminated.
Councilmember Tam inquired what types of improvements, particularly for America's
Cup, are being considered by year five.
Tim Kelly, Keyser Marston Associates, responded $1.5 million is required to be spent in
the next 15 years; accelerated and up front improvements are primarily dredging and
bulkhead repairs.
Councilmember Johnson stated she is critical of poorly drafted long term leases, but the
lease is a model long term lease and is appropriate.
Councilmember deHaan concurred with Councilmember Johnson and commended both
parties.
Urged approval of the lease: Leslie Cameron, Bay Ship & Yacht, and Noel Wise,
Alameda.
Vice Mayor Bonta inquired if there is a concept for a recreational component or
a
destination for water access.
The Community Development Director responded as part of the planning process,
market conditions will be reviewed and different uses of the site will be considered.
Councilmember Tam moved introduction of the ordinance.
Councilmember deHaan seconded the motion, which carried by unanimous voice vote
-
5.
CITY MANAGER COMMUNICATIONS
(12-205) The City Manager announced that meeting scheduled for tomorrow night has
been moved to May 8th and the budget meeting will be held on May 29th.
ORAL COMMUNICATIONS, NON-AGENDA
(12-206) Michael John Torrey, Alameda, announced that the College of Alameda is
hosting a job fair tomorrow.
(12-207) Ray Gaul, Golf Commission, responded to Ms. Sullwold's comments regarding
the Golf Commission meeting [paragraph no.12-192]; clarified he would not have voted
for Greenway Golf.
(12-208) Jon Spangler, Alameda, invited everyone to attend a bike safety course.
Regular Meeting
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May 1, 2012",CityCouncil/2012-05-01.pdf
CityCouncil,2012-05-01,6,"COUNCIL REFERRALS
(12-209) Consider Directing Staff to Analyze the November 2, 2010 Election Campaign
Financial Activities Using the Campaign Financial Reform Ordinance Proposed by the
Sunshine Task Force and Bring Back the Proposed Ordinance for Council Review and
Final Vote.
Councilmember deHaan submitted information and gave a brief presentation.
Mayor Gilmore questioned the point of the first part of the referral directing staff to
analyze the November 2010 election; stated there are better uses for the City Attorney's
time and resources; several reporters or bloggers have already done analysis.
Councilmember deHaan stated revisiting the 2010 issue is not necessary; urged
revisiting the ordinance proposed by the Sunshine Task force.
Vice Mayor Bonta inquired if Councilmember deHaan is withdrawing the first portion of
the referral, to which Councilmember deHaan responded in the affirmative.
Councilmember Johnson stated that she supports the concept of campaign finance
reform; however disclosure is out of control from a practical standpoint; limiting an
individual's campaign does no good when nothing else is limited.
Councilmember deHaan stated the Council should set standards.
Councilmember Johnson stated so much outside money was spent in the 2010 election;
inquired how money would be tracked if the top donors are Super Political Action
Committees (PACs).
Councilmember deHaan stated the Council has no control over PACs at the local level;
efforts are needed at the State and federal level; moving forward would be in the best
interest of the community.
Councilmember Johnson stated the Supreme Court has allowed spending by outside
organizations.
In response to Councilmember deHaan, Councilmember Johnson stated that she
agrees with the concept 100%; campaigns are out of control; until the [PAC] issue is
resolved, candidates having the only campaigns with limits does no good.
Councilmember deHaan stated other cities in Bay Area have already adopted limits.
Councilmember Johnson stated limits were adopted before the Supreme Court
decision; outside spending needs to be controlled; the larger issue needs to be
addressed.
Regular Meeting
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May 1, 2012",CityCouncil/2012-05-01.pdf
CityCouncil,2012-05-01,7,"Mayor Gilmore stated that she agrees with the concept of campaign finance reform, but
sees it as very elitist; people who can self-fund campaigns and write their own checks,
are much more advantaged because they do not have limits; people who cannot self-
fund cannot afford to run are capped by the proposed ordinance; the ordinance is
additional barrier for people running for office; only the rich, retired people will end up
running for council; other cities with campaign finance ordinances provide public
financing; stated she has a problem with limiting working families in Alameda, such as
union members, teamsters, grocery workers, who voluntarily contribute part of their
paychecks to unions to have a voice in the democratic process; individually, said people
do not have money to make their voices heard; the 99% are involved in the democratic
process and would be silenced by limiting contributions.
Councilmember deHaan disagreed; stated each individual has the opportunity to donate
up to the limit; individuals have made large donations on occasion; unions have had an
influence in past elections.
Mayor Gilmore stated the reporting requirements are incredibly burdensome and force
candidates to hire professional treasurers to prepare the reports.
Councilmember Johnson stated a number of candidates have not been able to comply
with the existing reporting requirements; the biggest issue a couple years ago was the
leading polling calls and television advertisements, which would not be touched; the
League of Women Voters (LWV) proposal only requires disclosure of the two biggest
contributors; committees will be formed to hide donors.
Councilmember Tam stated that she has been a supporter of campaign finance reform,
and, is a signatory for Assembly Bill 1648 being advocated by the LWV at the State and
local level; she is troubled campaign finance reform is being used to encourage
corporate deception, to silence the voices of working families, and targets unions;
turning the Council into an elitist 1% group that can self-fund is not appropriate; workers
contributing money collectively into a union would be silenced by the proposal.
Councilmember deHaan disagreed.
Mayor Gilmore stated as a practical matter, campaign season is midway [for November
2012], which is the same issue with 2010.
Councilmember deHaan stated the ordinance could be moved out to the next cycle.
Mayor Gilmore stated that she supports campaign reform done right; the ordinance is
not done right; recommended input from the Open Government Commission and people
who have actually run campaigns; stated the reporting requirements add another
barrier.
Councilmember deHaan stated good candidates know where funding comes from and
can put proper documentation together.
Regular Meeting
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May 1, 2012",CityCouncil/2012-05-01.pdf
CityCouncil,2012-05-01,8,"Mayor Gilmore stated noted the difficult of reporting depends on the volume of
contributions.
Councilmember Johnson stated smaller outside groups have not been compliant;
onerous reporting requirements are in issue.
Vice Mayor Bonta stated that he supports AB1648, which is a straightforward step in the
right direction; the proposed campaign finance reform does not address corporations
enormous amount of power; ordinary, everyday people having a voice is critical and has
traditionally been done through organized labor; limiting the current regime will
essentially cede power to the wealthy and the large corporations.
Councilmember deHaan stated unions represent hundreds or thousands of people are
being discussed; an individual union made up of 83 people having a major impact on
the City is extremely important; facts are being distorted; the voice of individual people
will be heard; expressed concern that the others are not in support of campaign reform.
Councilmember Johnson stated that she supports campaign finance reform, but it has
to be done in an effective way.
Mayor Gilmore stated everyone supports good campaign finance reform.
Councilmember Tam expressed concern about using campaign finance reform to target
unions and working families.
Councilmember deHaan stated he did not bring up the issue to target unions and
working families.
Discussed the importance of not stifling unions and unknown entities placing attack ads:
Jim Oddie, Alameda.
Vice Mayor Bonta noted in November, there will be a proposition on the ballot regarding
corporate deception; stated attacking on the ability of working people to be involved in
the political process needs to be beat back.
Councilmember Johnson stated that she will analyze the LWV measure, but already
sees loopholes; she supports moving forward to control the big corporate spending and
super PACs, but her first impression is the measure will not solve the problem.
In response to Councilmember deHaan's inquiry, the Council directed staff to bringing
back AB 1648.
COUNCIL COMMUNICATIONS
(12-210) Councilmember Tam announced that she attended the League of California
Regular Meeting
Alameda City Council
8
May 1, 2012",CityCouncil/2012-05-01.pdf
CityCouncil,2012-05-01,9,"Cities Legislative Action Days on April 25 & 26. Our delegation met with Senator Corbitt
and Assembly Members. Discussed AB1585 speakers bill to help reinvent
redevelopment.
(12-211) Councilmember Johnson thanked Mr. Gaul for coming in to comment.
ADJOURNMENT
There being no further business, Mayor Gilmore adjourned the meeting at 9:31 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.
Regular Meeting
Alameda City Council
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May 1, 2012",CityCouncil/2012-05-01.pdf
CityCouncil,2012-05-01,10,"MINTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- - -MAY 1, 2012--6:00 P.M.
Mayor Gilmore convened the meeting at 6:02 p.m.
Roll Call -
Present:
Councilmembers Bonta, deHaan, Johnson, Tam and Mayor
Gilmore - 5.
[Note: Vice Mayor Bonta arrived at 6:10 p.m.]
Absent:
None.
Public Comment on Agenda Items Only
Bill Garvine, Management and Confidential Employees Association (MCEA), discussed
MCEA's past actions; negotiations, and the budget.
Mayor Gilmore adjourned the meeting to Closed Session to consider:
(12-182) Conference with Legal Counsel - Existing Litigation (54956.9); Name of Case:
Anderson V. City of Alameda, Superior Court of California, Alameda County Case No.
RG11565230; Plaintiff (Anderson) seeks $400,000 in damages, of which $300,000 is
sought for pain and suffering, against Defendant (City of Alameda) for broken elbow and
other contusions sustained when Plaintiff fell from her bike in daytime near abandoned
rail line at Clement Avenue and Grand Street. Plaintiff asks for extensive relief from the
City, although Plaintiff is an experienced rider who is at least partially responsible for her
injuries, Plaintiff missed no work as a result of her injury, and Plaintiff seeks minimal
compensatory damages.
(12-183) Conference with Labor Negotiators (54957.6); Agency Negotiators: Holly
Brock-Cohn, Human Resources Director, and Masa Shiohira, Contract Labor
Negotiator; Employee Organizations: Management and Confidential Employees
Association; Anticipated Issues: All (Wages, Hours, Benefits, and Working Conditions)
Following the closed session the meeting was reconvened and Mayor Gilmore
announced regarding Existing Litigation, Council gave direction to staff.
*
Mayor Gilmore called a recess at 7:35 p.m. to hold the regular meeting and reconvened
the meeting at 9:38 p.m.
Following the closed session the meeting was reconvened and Mayor Gilmore
announced that regarding Labor, Council gave direction to staff and continued the
matter to May 8, 2012.
Special Meeting
Alameda City Council
May 1, 2012",CityCouncil/2012-05-01.pdf
CityCouncil,2012-05-01,11,"Adjournment
There being no further business, Mayor Gilmore adjourned the meeting at 10:05 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.
Special Meeting
Alameda City Council
May 1, 2012",CityCouncil/2012-05-01.pdf