{"body": "CityCouncil", "date": "2009-04-07", "page": 1, "text": "MINUTES OF THE REGULAR CITY COUNCIL MEETING\nTUESDAY - -APRIL 7, 2009- -7:30 P.M.\nMayor Johnson convened the Regular Meeting at 7:43 p.m.\nROLL CALL - Present : Councilmembers\ndeHaan,\nGilmore,\nMatarrese, Tam, and Mayor Johnson - 5.\nAbsent :\nNone.\nAGENDA CHANGES\nNone.\nPROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS\n(09-127) Proclamation declaring the week of April 20 through 25,\n2009 as Earth Week.\nMayor Johnson read and presented the proclamation to Pete\nHalberstadt, President of West Advertising.\nMr. Halberstadt thanked Council for the proclamation; invited\neveryone to attend Earth Day .\nCONSENT CALENDAR\nMayor Johnson announced that the Resolution Authorizing the\nIssuance of City of Alameda Taxable Retirement Funding Bonds\n[paragraph no. 09-131] - was pulled from the Consent Calendar for\ndiscussion.\nCouncilmember Tam moved approval of the remainder of the Consent\nCalendar.\nVice Mayor deHaan seconded the motion, which carried by unanimous\nvoice vote - 5. [Items so enacted or adopted are indicated by an\nasterisk preceding the paragraph number. ]\n(*09-128 - ) Minutes of the Special City Council Meeting, the Special\nJoint City Council and CIC Meeting and the Regular City Council\nMeeting held on March 17, 2009; and the Special City Council\nMeeting held on March 24, 2009. Approved.\n(*09-129) Ratified bills in the amount of $3,861,742.66.\n(*09-130) Recommendation to accept the work of Chrisp Company for\nAnnual Striping, Phase 6, No. P.W. 10-07-31. Accepted.\n(09-131) Resolution No. 14319, \"Authorizing the Issuance of City of\nRegular Meeting\nAlameda City Council\n1\nApril 7, 2009", "path": "CityCouncil/2009-04-07.pdf"} {"body": "CityCouncil", "date": "2009-04-07", "page": 2, "text": "Alameda Taxable Retirement Funding Bonds; Authorizing the Execution\nand Delivery of an Indenture and a Trust Agreement; and Authorizing\nCommencement of a Validation Action Relating Thereto and Approving\nOther Matters Relating Thereto. Adopted.\nCouncilmember Gilmore requested staff to review the matter for the\npublic.\nThe Interim City Manager gave a brief presentation.\nVice Mayor deHaan inquired when 1079 and 1082 Plans would retire,\nto which the Interim City Manager responded 17 or 18 years.\nCouncilmember Tam stated the present value of unfunded accrued\nactuarial liability [for Other Post Retirement Benefits (OPEB) ] is\n$74.5 million; the validation process includes an indenture with\nUnion Bank for $22.2 million; inquired whether the amount is the\npresent value of the 1079 and 1082 Plans.\nThe Interim City Manager responded in the affirmative; stated the\nindenture does not involve the $74.5 million [for OPEB].\nCouncilmember Tam inquired whether the City would still pay the\ndifference between the $22.2 million and $74.5 million.\nThe Interim City Manager responded $2.5 million is being paid on\nthe $22.5 million and $2.1 million to $2.2 million is being paid on\nthe $74.5 million this year.\nVice Mayor deHaan stated that he would like to review escalating\nthe amount in the future.\nThe Interim City Manager stated staff has not abandoned the idea of\nreviewing financing options.\nCouncilmember Gilmore stated the City currently budgets $2.5\nmillion for the 1079 and 1082 Plans and pays $2. 1 million for the\n[OPEB] \"pay as you go\" plan; $4.6 million is paid every year on\nretirement benefits.\nThe Interim City Manager stated the 1079 and 1082 Plans are pension\nbenefits; the [OPEB] \"pay as you go\" cost for medical benefits\nwould grow by approximately $300,000 to $400,000 per year.\nCouncilmember Gilmore moved adoption of the resolution.\nCouncilmember Matarrese seconded the motion, which carried by\nunanimous voice vote - 5.\nRegular Meeting\nAlameda City Council\n2\nApril 7, 2009", "path": "CityCouncil/2009-04-07.pdf"} {"body": "CityCouncil", "date": "2009-04-07", "page": 3, "text": "(*09-132) Resolution No. 14320, \"Authorizing the Acting City\nManager to Submit an Application for Measure B Paratransit Funding\nfor Fiscal Year 2009-2010 and to Execute All Necessary Documents to\nImplement the Project. Adopted.\n(*09-133) Resolution No. 14321, \"Authorizing the Acting City\nManager to Submit a Request to the Metropolitan Transportation\nCommission for the Allocation of Fiscal Year 2009/2010\nTransportation Development Act, Article 3 Funding, in the Amount of\n$68,000 to Fund the Local Match for the Safe Routes to School\nicycle/Pedestrian Improvement Projects and Authorize the Acting\nCity Manager to Execute All Necessary Documents. \" Adopted.\n( *09-134) Ordinance No. 2992, \"Amending the Alameda Municipal Code\nby Adding Section 24-10 (Cost Recovery for Recurring Calls for\nService to Respond to and/or Abate Properties Due to Specified\nConditions or Owner Neglect) to Chapter XXIV (Public Health) . \"\nFinally passed.\nCITY MANAGER COMMUNICATIONS\n(09-135) Mayor Johnson welcomed Interim City Manager Ann Marie\nGallant.\n(09-136) The Fire Chief discussed the recent fire at the\nOld Navy Hospital and Supply Depot.\nVice Mayor deHaan stated the community has concerns regarding the\nashes; requested an analysis be completed.\nThe Fire Chief stated that the Bay Area Air Quality Management\nDistrict (BAAQMD) sampled the air and did not find any asbestos or\nlead in the air; debris has not been sampled; asbestos is not\nairborne, does not burn, and is not in the smoke.\nCouncilmember Tam inquired whether the BAAQMD or County Health\nDepartment could post the results.\nThe Fire Chief responded that he would consult with the BAAQMD ;\nstated BAAQMD furnished raw data but the data was not interpreted.\nCouncilmember Tam stated posting results would be helpful for the\nsake of disclosure.\nThe Fire Chief noted the City Watch system needs to be updated.\nMayor Johnson inquired whether the City pays for the system, to\nRegular Meeting\nAlameda City Council\n3\nApril 7, 2009", "path": "CityCouncil/2009-04-07.pdf"} {"body": "CityCouncil", "date": "2009-04-07", "page": 4, "text": "The Interim City Manager stated staff would evaluate whether the\nsystem is worth upgrading.\nVice Mayor deHaan inquired whether warning sirens are available for\ncertain areas.\nThe Fire Chief responded sirens can be individually activated, but\nwere not activated.\nVice Mayor deHaan inquired whether activation could be considered\nin the future, to which the Fire Chief responded in the\naffirmative.\nREGULAR AGENDA ITEMS\n(09-137) Public Hearing to consider Resolution No. 14322,\n\"Establishing Integrated Waste Collection Ceiling Rates and\nServices for Rate Period 8 (July 2009 to June 2010) \" Adopted;\n(09-137A) Introduction of Ordinance Approving and Authorizing the\nCity Manager to Negotiate and Execute a Second Amendment to Modify\nand Extend the Franchise Agreement with Alameda County Industries,\nInc. Introduced; and\n(09-137B) Introduction of Ordinance Amending the Alameda Municipal\nCode by Amending Various Sections of Chapter XXI (Solid Waste and\nRecycling) to Clarify the Definition of Customer and Customer\nResponsibilities and Allocate $1,052,059 from the City Waste\nManagement Program Fund (Fund 274.1. Introduced.\nThe Interim City Manager and Public Works Director gave a brief\npresentation.\nCouncilmember Matarrese inquired whether the advanced payment is\nnot coming from a non-General Fund set aside fund specifically for\nthe Waste Management Program Fund, to which the Public Works\nDirector responded in the affirmative.\nCouncilmember Matarrese inquired whether the fund is dedicated to\nfunding the liability and the City is just being asked to fund the\nliability earlier, to which the Public Works Director responded in\nthe affirmative.\nVice Mayor deHaan inquired whether Alameda County Industries (ACI)\nwas in jeopardy of closing.\nLouie Pellegrinni, ACI Vice President, responded the catastrophic\nRegular Meeting\nAlameda City Council\n4\nApril 7, 2009", "path": "CityCouncil/2009-04-07.pdf"} {"body": "CityCouncil", "date": "2009-04-07", "page": 5, "text": "events in the worldwide meltdown of commodity values affected ACI;\nstated 10% of the company's revenue disappeared the first week of\nNovember ACI could not meet bank covenants and was in jeopardy of\ndefaulting on loans; ACI had to restructure debt payments and rate\nrelief to make up for the commodities value shortfall the\ncommodities value was previously offsetting the costs of providing\nservice; recyclable materials could and have ended up in the\nlandfill because there is no market. ACI was in jeopardy of\nclosing.\nVice Mayor deHaan inquired whether certain commodities are\ndifficult to get rid of.\nMr. Pellegrinni responded 70% of commodities are moving; stated\nhigh value plastics are moving; lower value plastics have always\nbeen a questionable commodity; value has dropped 50%; diversion\ngoals are being met.\nVice Mayor deHaan inquired whether other cities are facing similar\nsituations, to which Mr. Pellegrinni responded in the affirmative.\nVice Mayor deHaan stated the proposed Agreement extends to 2022;\ninquired whether the proposed Agreement provides latitude for when\nthe market recovers and is best for the City.\nThe Interim City Manager responded small haulers operate by margins\nof 5 to 15% profit stated large carriers operate by a margin of 25\nto 35% profit; small and medium size haulers are affected by the\ndecline in recyclables; small haulers should remain in the market\nfor competition; that she thinks the proposed extension is good for\nboth parties.\nVice Mayor deHaan stated the City contracted with Waste Management\nto dispose of green waste; inquired whether ACI is still\ncontemplating taking over the operation.\nMr. Pellegrinni responded a third party processor accepts organic\nmaterials; stated the County is looking at a processing facility;\nthe City has the right to redirect the material to an in-County\nfacility.\nCouncilmember Gilmore stated an incredible amount of work, effort\nand time went into the proposed Agreement the proposed Agreement\nallows for working with owners of nulti-family units; most resident\ncomplaints are about the number of bins on the street which crowd\nsidewalks; using larger bins would results in getting back parking\nspaces.\nRegular Meeting\nAlameda City Council\n5\nApril 7, 2009", "path": "CityCouncil/2009-04-07.pdf"} {"body": "CityCouncil", "date": "2009-04-07", "page": 6, "text": "Proponents (In favor of staff recommendation) : Robb Ratto, Park\nStreet Business Association; Marilyn Schumacher, Alameda.\nCouncilmember Tam stated the extension ensures competition, which\nkeeps ratepayers from being at the mercy of one monopoly; Alameda\nhas the highest recycling rate; the City would get 75% of revenues\nif the rate goes above $80 per ton, which puts a cap on future\nprofitability.\nCouncilmember Tam moved approval of the staff recommendation\nCouncilmember Matarrese seconded the motion.\nUnder discussion, Councilmember Matarrese stated the benefit of\nextending the term to 2022 allows for alternative fuel vehicles and\nallows potential for capturing future profit sharing when the\nmarket recovers; ACI is a leader in recycling and providing direct\nservice.\nCouncilmember Gilmore stated ACI does not have a seat at the\nbargaining table; bargaining is handled through Waste Management\nACI has a \"me too\" clause and is required to follow whatever Waste\nManagement negotiates.\nCouncilmember Matarrese stated Local 70 sets the prevailing wage\nfor garbage haulers because Waste Management is the prevailing\nprovider.\nCouncilmember Gilmore stated the City has always had a policy of\nencouraging contractors to pay prevailing wage.\nOn the call for the question, the motion carried by unanimous voice\nvote - 5.\nVice Mayor deHaan inquired whether ACI's facility is still open to\nthe public, to which Mr. Pellegrinni responded in the affirmative.\n(09-138 - ) Discussion of alternative uses for the Mif Albright Golf\nCourse and presentation by Kemper Sports Management.\nMayor Johnson stated that matter is on the agenda for discussion\nonly, not action.\nThe Acting Golf Manager gave a brief presentation.\nJim Stegall, Kemper Sports Executive Vice President of Operations,\ngave a Power Point presentation.\nRegular Meeting\nAlameda City Council\n6\nApril 7, 2009", "path": "CityCouncil/2009-04-07.pdf"} {"body": "CityCouncil", "date": "2009-04-07", "page": 7, "text": "Vice Mayor deHaan inquired whether tonight's presentation was\npresented to the Golf Commission, to which Mr. Stegall responded in\nthe negative.\nMayor Johnson recognized the Alameda High Girl's Golf team and\nCoach Burnett, who introduced the members of the team.\nSpeakers Grace Na, Alameda High School Sharon Nam, Alameda High\nSchool; Gina Kabasakalis, Alameda High School Stephen Burnett,\nAlameda High School Golf Coach;Carlos Briones, Junior Golf; Derek\nSchediker, Alameda; John Kabasakalis, Alameda; Joe A. Williams,\nAlameda George Humphreys, Alameda James D. Leach, Chuck Corica\nSenior Men's Club; John Childs, Alameda Junior Golf; Horst Breuer,\nAlameda; Shawn Shelby, Alameda; Ronald Cooper, Alameda; Robert\nSullwold, Alameda; Jane Sullwold, Alameda Golf Commission; Ron\nSalsig; Norma Arnerich, Alameda; Jim Strehlow, Alameda; Christopher\nSeiwald, Alameda Soccer club; Joe Van Winkle, Alameda.\nVice Mayor deHaan inquired whether Mr. Van Winkle's proposal was\npresented to anyone else, to which Mr. Van Winkle responded the\nproposal was presented to the Golf Commission.\nVice Mayor deHaan inquired whether the Golf Commission has had the\nopportunity to review the proposal in depth.\nMs. Sullwold responded the proposal was put together quickly;\nstated the Golf Commission is solidly behind the proposal.\nVice Mayor deHaan stated the proposed approach is not novel.\nMayor Johnson suggested that Mr. Van Winkle work with staff.\nVice Mayor deHaan stated staff should actively pursue looking at\nreactivating the Golf Course well; the Mif Albright Golf Course\nneeds to open as soon as possible; the Mif Albright Golf Course was\nnever meant to be a stand-alone course Mr. Van Winkle's proposal\nshould be reviewed; that he does not want to miss an opportunity by\nover studying the matter; that he hopes Kemper Sports will be\ninvolved; commended Kemper Sports for bringing new quality to the\nGolf Course.\nCouncilmember Gilmore thanked everyone who spoke so passionately\nabout the matter stated the City has to look at all options,\nincluding Mr. Van Winkle's proposal; Kemper Sports indicated that\nthere has been a decline in rounds and discussed evaluating the\nfeasibility of reconfiguring and renovating to meet all of\nAlameda's golf needs; inquired whether consideration has been given\nto having a facility where children can learn to play golf.\nRegular Meeting\nAlameda City Council\n7\nApril 7, 2009", "path": "CityCouncil/2009-04-07.pdf"} {"body": "CityCouncil", "date": "2009-04-07", "page": 8, "text": "Mr. Stegall responded there are a number of options.\nCouncilmember Gilmore stated that she would not pre-judge the\nproposed plan's viability; that she wants as much information as\npossible.\nMr. Stegall stated that he would be happy to review Mr. Van\nWinkle's proposal.\nCouncilmember Tam inquired how much the review would cost.\nMr. Stegall responded that there would not be a cost to review the\nproposal and provide an option.\nCouncilmember Tam stated water is a big issue; 90% of the water is\nimported from the Sierras; inquired whether Mr. Stegall would be\nable to provide information on how much East Bay Municipal Utility\nDistrict (EBMUD) would charge for separating out the Mif Albright\nCourse meter and for providing a utility and maintenance cost\nassessment.\nMr. Stegall responded that he would be happy to help obtain\ninformation.\nCouncilmember Matarrese stated that he wants to ensure that the\nGolf Commission evaluates the matter so that a study and official\nopinion can be provided to Council; a lot of decisions have been\nmade based on numbers that continue to be challenged for accuracy\nand relevance; requested that staff ensure numbers are accurate.\nVice Mayor deHaan inquired whether evaluation is part of Kemper\nSport's Contract.\nMr. Stegall responded the scope of service is to operate the Golf\nCourse.\nMayor Johnson stated that she took a tour of the Golf Course the\nGolf course is looking very good; golfers are complimenting Kemper\nSports and the attention being given to detail; more needs to be\ndone, especially capital improvements; Council agrees that everyone\nneeds to be accommodated at the Golf course.\nVice Mayor deHaan stated Mr. Van Winkle's elf-sustaining proposal\nshould be pursued with some input from Kemper Sports and overview\nfrom the Golf Commission.\nMayor Johnson stated that she wants to ensure that options are not\nRegular Meeting\nAlameda City Council\n8\nApril 7, 2009", "path": "CityCouncil/2009-04-07.pdf"} {"body": "CityCouncil", "date": "2009-04-07", "page": 9, "text": "limited; concurred with Councilmember Gilmore's comments regarding\nreviewing all options.\nThe Interim City Manager stated staff would need thirty days to go\nthrough the process with the Golf Commission, work with Kemper\nSports, and consider options.\n(09-139) Update on federal funding for City projects.\nThe Deputy City Manager gave a brief presentation.\nMayor Johnson inquired whether the Association of Bay Area\nGovernments (ABAG) and Alameda County Waste Management Authority\n(WMA) are look at applying for energy efficiency block grants as a\nregion.\nThe Deputy City Manager responded that she heard about WMA's plans\nand would check with ABAG; stated larger agencies want to tap into\nformula funds for bigger projects.\nCouncilmember Matarrese thanked staff for the comprehensive report;\nstated that he is happy that the City is keeping track of projects;\ninquired why the City would borrow money for sewer projects when\nthe Sewer Fund is robust.\nThe Public Works Director stated some loans could be 0% or 1%\ninterest and the City can earn 3% interest.\nMayor Johnson stated that having an increase in Community\nDeve lopment Block Grant funding is nice.\nORAL COMMUNICATIONS, NON-AGENDA\n(09-140) Kent Lewandowski, Sierra Club, submitted letter; addressed\nthe Sierra Club's concerns regarding SunCal's development proposal.\nCOUNCIL REFERRALS\nNone.\nCOUNCIL COMMUNICATIONS\n(09-141) - Consideration of Mayor's nomination for appointment to the\nCivil Service Board and Economic Development Commission.\nNominated Dean Batchelor as a member of the Civil Service Board and\nDennis H. Viehweg as a member of the Economic Development\nCommission.\nRegular Meeting\nAlameda City Council\n9\nApril 7, 2009", "path": "CityCouncil/2009-04-07.pdf"} {"body": "CityCouncil", "date": "2009-04-07", "page": 10, "text": "(09-142) Councilmember Tam stated that she attended the League of\nCalifornia Cities (LCC) Meeting on April 3; most of the focus was\non three bills surrounding the use of plastic bags and proposed\n$0.25 per bag charge; revenues from the fee would be used to\npromote recycling and pay for litter clean upi San Francisco and\nOakland representatives were the most vocal about the initiative\nCouncilmember Jean Quan stated San Francisco banned Styrofoam and\nplastic bags, imposed a fee, and were not sued; Oakland banned both\nand were sued; manufacturers launched the lawsuit stating that a\nCalifornia Environmental Quality Act (CEQA) Environmental Impact\nReport (EIR) is needed to impose the fee and ban plastic bags ;\nOakland was advised an EIR would cost approximately $500,000\ndiscussions involved looking for a way to adjust CEQA to exempt the\nban; a city cannot exempt itself from State law; the League of\nCalifornia Cities received a letter from the Governor asking for\nsupport on six May 19 ballot measures; the Revenue and Taxation\nPolicy Committee recommended supporting Proposition 1A.\nThe Deputy City Manager stated the LCC Board recommends supporting\nPropositions 1A through 1F, which includes the pay raise issue.\nMayor Johnson stated that Oakland is thinking about doing a model\nEIR that other cities could use.\n(09-143) Vice Mayor deHaan stated initiative circulators are over-\nexaggerating the reason for signing the SunCal petition; that he\ninterviewed six circulators; all had a common thread of stating\nthat people need to sign because the Base needs to be cleaned up\nand the Navy would not clean up; circulators are stating that they\nwant to take the process away from the City Council and that the\nproposed plan is the only plan that would provide the required 15%\nset aside; the City's name is being used as a supporter and\npartner the issue should stand by itself [without using the City's\nname].\nADJOURNMENT\nThere being no further business, Mayor Johnson adjourned the\nRegular Meeting at 11:05 p.m.\nRespectfully submitted,\nLara Weisiger\nCity Clerk\nThe agenda for this meeting was posted in accordance with the Brown\nAct.\nRegular Meeting\nAlameda City Council\n10\nApril 7, 2009", "path": "CityCouncil/2009-04-07.pdf"} {"body": "CityCouncil", "date": "2009-04-07", "page": 11, "text": "MINUTES OF THE SPECIAL CITY COUNCIL MEETING\nTUESDAY - -APRIL 7, 2009- -7:00 P. M.\nMayor Johnson convened the Special Meeting at 7:15 p.m.\nROLL CALL - Present : Councilmembers\ndeHaan,\nGilmore,\nMatarrese, Tam and Mayor Johnson - 5.\nAbsent :\nNone.\nThe Special Meeting was adjourned to Closed Session to consider :\n(09-126) Workers' Compensation Claim (54956.95) ; Claimant: Corey\nMerrick; Agency claimed against City of Alameda.\nFollowing the Closed Session, the Special Meeting was reconvened\nand Mayor Johnson announced that the City Council received a\nbriefing from the Risk Manager and Legal Council and gave direction\nregarding settlement of a Workers' Compensation Claim.\nAdjournment\nThere being no further business, Mayor Johnson adjourned the\nSpecial Meeting at 7:30 p.m.\nRespectfully submitted,\nLara Weisiger\nCity Clerk\nThe agenda for this meeting was posted in accordance with the Brown\nAct.\nSpecial Meeting\nAlameda City Council\nApril 7, 2009", "path": "CityCouncil/2009-04-07.pdf"} {"body": "CityCouncil", "date": "2009-04-07", "page": 12, "text": "MINUTES OF THE SPECIAL COMMUNITY IMPROVEMENT COMMISSION MEETING\nTUESDAY - -APRIL 7, 2009--7:27 P.M.\nChair Johnson adjourned the Special Meeting at 7:41 p.m.\nROLL CALL - Present : Commissioners deHaan, Gilmore, Matarrese,\nTam, and Chair Johnson - 5.\nAbsent :\nNone.\nMINUTES\n(09-14) Minutes of the Special Joint City Council and CIC Meeting\nheld on March 17, 2009. Approved.\nCommissioner deHaan moved approval of the minutes.\nCommissioner Tam seconded the motion, which carried by unanimous\nvoice vote - 5.\nAGENDA ITEMS\nNone.\nADJOURNMEN'T\nThere being no further business, Chair Johnson adjourned the\nSpecial Meeting at 7:42 p.m.\nRespectfully submitted,\nLara Weisiger\nSecretary\nThe agenda for this meeting was posted in accordance with the Brown\nAct.\nSpecial Meeting\nCommunity Improvement Commission\nApril 7, 2009", "path": "CityCouncil/2009-04-07.pdf"}