{"body": "CityCouncil", "date": "2011-11-15", "page": 1, "text": "MINUTES OF THE REGULAR CITY COUNCIL MEETING\nTUESDAY- -NOVEMBER 15, 2011--7:00 P.M.\nMayor Gilmore convened the meeting at 7:18 p.m. Councilmember deHaan led the\nPledge of Allegiance.\nROLL CALL -\nPresent:\nCouncilmembers Bonta, deHaan, Johnson, Tam and\nMayor Gilmore - 5.\nAbsent:\nNone.\nAGENDA CHANGES\nNone.\nPROCLAMATIONS, SPECIAL ORDERS OF THE DAY & ANNOUNCEMENTS\n(11-550) Presentation of Certificates of Appreciation to the Mayor's Fourth of July\nParade Committee Members.\nMayor Gilmore thanked the committee members and presented them with certificates.\nORAL COMMUNICATIONS, NON-AGENDA\n(11-551) Harriette Saunders, Paratransit Advisory Committee, encouraged people to\ndirect paratransit issues to her.\n(11-552) Al Wright, Alameda, requested that Council stop tree construction on Park\nStreet during the holiday season and resume the work in January.\n(11-553) Red Wetherill, Alameda, suggested adding a half cent to the sales tax as an\nalternative to [golf] land swap options.\n(11-554) Ken Peterson, Alameda, discussed trees on Park Street.\n(11-555) Gretchen Lipow, Alameda, stated that last week's tree meeting should have\nbeen structured like a Council meeting.\nCONSENT CALENDAR\nCouncilmember Tam moved approval of the Consent Calendar.\nCouncilmember Johnson seconded the motion, which carried by unanimous voice vote\n- 5, with the exception of Vice Mayor Bonta recusing himself from voting on final\npassage of the Ordinance [paragraph no. 11-563]. [Items so enacted or adopted are\nindicated by an asterisk preceding the paragraph number.]\nRegular Meeting\nAlameda City Council\n1\nNovember 15, 2011", "path": "CityCouncil/2011-11-15.pdf"}
{"body": "CityCouncil", "date": "2011-11-15", "page": 2, "text": "(*11-556) Minutes of the Special and Regular City Council Meetings Held on October\n18, 2011; the Special City Council Meetings Held on October 25, 2011; and the Special\nCity Council Meeting Held on October 27, 2011. Approved.\n(*11-557) Ratified bills in the amount of $3,420,996.46.\n(*11-558) Recommendation to Accept the Quarterly Sales Tax Report for the Period\nEnding June 30, 2011. Accepted.\n(*11-559) Recommendation to Accept the Treasury Report for the Quarter Ended\nSeptember 30, 2011. Accepted.\n(*11-560) Recommendation to Authorize the City Manager to Execute a Consulting\nServices Agreement with Public Financial Management Inc. (PFM). Accepted.\n(*11-561) Recommendation to Appoint Deborah Wright to Existing Membership of\nAmerica's Cup Ad Hoc Committee. Accepted.\n(*11-562) Recommendation to Approve Reinstatement for Michael D'Orazi in Order to\nRecognize Prior Service with the City of Alameda. Accepted.\n(*11-563) Ordinance No. 3037, \"Authorizing the Execution of Lease of Real Property\nLocated at 1525 Bay Street Between City, as Lessor, and Karen Zimmerman and\nKenneth Edgerly, as Lessee, for Operation of ABC Preschool.\" Finally passed.\n[Note: Vice Mayor Bonta recused himself from voting on the ordinance.]\nREGULAR AGENDA ITEMS\n(11-564) Recommendation to Approve Moving Forward with Surveys as the Next Step\nin the Boards and Commissions Evaluation Process.\nThe Senior Management Analyst gave a brief presentation.\nSuggested changes to the surveys: John Knox White, Alameda.\nCouncilmember deHaan requested clarification of Survey Monkey.\nThe Senior Management Analyst stated Survey Monkey is an on-line survey tool; a\npaper version would be made available to Boards and Commissions through staff\nsecretaries as an alternative.\nVice Mayor Bonta stated that Mr. Knox White's question [where work would go if a\nBoard or Commission disbanded] should be added to the survey; the public input\nprocess should be expanded; holding subcommittee meetings should be added; open\nRegular Meeting\nAlameda City Council\n2\nNovember 15, 2011", "path": "CityCouncil/2011-11-15.pdf"}
{"body": "CityCouncil", "date": "2011-11-15", "page": 3, "text": "ended questions are best.\nMayor Gilmore stated that she agrees with the idea of holding a public meeting; she is\nconcerned with requesting public input via a computer; not everyone has computer\naccess or is comfortable with using computers.\nThe Senior Management Analyst stated staff would continue to work with the\nsubcommittee to refine approaches for obtaining information.\nCouncilmember Tam inquired what has been the response rate to past surveys.\nThe Deputy City Manager responded the website survey has been up for four weeks\nand has received approximately 175 responses; the tree survey went up this morning\nand has received 85 responses.\nCouncilmember Tam stated focus should be on outreach as well.\nThe Assistant City Manager stated Council has requested staff to work on a public\nparticipation policy; the policy would be brought back to Council by March.\nMayor Gilmore stated that she is in favor of doing the public survey but not with most of\nthe questions; concurred with Vice Mayor Bonta regarding open ended questions.\nCouncilmember Tam moved approval of the staff recommendation, with amendment to\nsurvey questions and addition of holding a meeting to gain public input.\nCouncilmember Johnson seconded the motion, which carried by unanimous voice vote\n- 5.\n(11-565) Resolution No.14635, \"Approving the Update to the City of Alameda's Local\nHazard Mitigation Plan Annex, and Authorizing Its Inclusion in the Association of Bay\nArea Governments (ABAG) Report on Taming Natural Disasters.' Adopted.\nFire Captain Oliver gave a brief presentation.\nMayor Gilmore stated that a lot of time, energy, and thought went into the Plan.\nFire Captain Oliver stated that many departments provided input; the Plan would allow\nthe City to be eligible for grant funding, particularly for Public Works and would offer\neligibility for waiver of the 6.25% local match for public assistance money after a\ndisaster.\nCouncilmember Tam stated the Soft Story Program is mentioned in the assessment and\nwould provide a means for the City to be more proactive.\nCouncilmember deHaan moved adoption of the resolution.\nRegular Meeting\nAlameda City Council\n3\nNovember 15, 2011", "path": "CityCouncil/2011-11-15.pdf"}
{"body": "CityCouncil", "date": "2011-11-15", "page": 4, "text": "Health Department and Alameda resident (submittal); Amy Raffle, Alameda.\nNot in favor of the ordinance: Alan Teague, Alameda.\nExpressed concern regarding tenant rights: Jake Thompson, Alameda.\nUrged postponement: Linda Cazares, Woodstock Homes Corporation; Robb Ratto read\ncomments on behalf of the Chamber of Commerce.\nUrged revision to prohibit e-cigarettes: Suzaynn Schick, U.C. San Francisco; and\nJonathan Krueger, Alameda (also urged prohibiting smoking at bar patios).\nUrged revision to prohibit smoking in bar patios: Al Wright, Alameda (also urged\namendment to permit smoking in residences with second units); Liz Williams,\nAmericans for Nonsmokers' Rights.\nUrged revision to permit smoking in condominiums: Bryan Wilson, Alameda, (submittal);\nPhyllis Klein, Alameda; Lynne Burpee, Alameda; Li Volin, Alameda; and Margaret\nDosSantos, Alameda.\nUrged revision to permit smoking in front of bars: Jon-Michael Freese, Alameda.\nThe Senior Management Analyst noted the ordinance needs to be modified to remove a\nreference to electronic cigarettes.\nMayor Gilmore requested clarification on the phasing of the ordinance.\nThe Senior Management Analyst stated most of the provisions would go into effect 30\nRegular Meeting\nAlameda City Council\n4\nNovember 15, 2011", "path": "CityCouncil/2011-11-15.pdf"}
{"body": "CityCouncil", "date": "2011-11-15", "page": 5, "text": "days after adoption; property provisions would not go into effect until January, 2013.\nVice Mayor Bonta inquired how phasing has been determined.\nThe Assistant City Manager responded ordinances normally go into effect 30 days after\nfinal passage; staff wants to delay the housing provisions to provide transition time.\nVice Mayor Bonta inquired whether property owners have provided any input regarding\nphasing, to which the Senior Management Analyst responded in the negative.\nCouncilmember Johnson stated that she would prefer that the ordinance become\neffective sooner than 2013; she suspects that many tenants are on a month-to-month\ntenancy.\nThe Senior Management Analyst stated nine months has been the soonest other model\nordinances have gone into effect.\nCouncilmember Johnson stated having the ordinance go into effect in 2013 is a long\ntime for people to tolerate smoke in a building.\nThe Assistant City Manager stated people have not had an issue with the [effective]\ndate.\nCouncilmember Tam stated other ordinances, such as the Styrofoam ordinance, have\nbeen phased in; inquired what could be done in terms of message market penetration if\nmore time was given.\nThe Assistant City Manager responded public meetings were held for the Styrofoam\nordinance; stated the ordinance did not go into effect until six months after final\npassage; an education process would be needed.\nCouncilmember deHaan stated electronic cigarettes and property owners with an\nadditional unit need to be addressed.\nThe Assistant City Manager stated a property owner with an in-law unit would not be\naffected by the ordinance.\nIn response to Vice Mayor Bonta's inquiry, the Senior Management Analyst responded\na multi-unit residence refers to both rental and common interest complexes, which are\ntypically owner occupied.\nCouncilmember deHaan stated smoking is a way of life for many people coming from\nother countries; employees would be impacted by the ordinance.\nMayor Gilmore stated Council gave direction to research electronic cigarettes and how\nto regulate bar patios; Council could amend the ordinance to include the two items;\nRegular Meeting\nAlameda City Council\n5\nNovember 15, 2011", "path": "CityCouncil/2011-11-15.pdf"}
{"body": "CityCouncil", "date": "2011-11-15", "page": 6, "text": "smoking residue collects on tables and chairs; inquired who would clean the tables and\nchairs; further inquired whether the City would be running afoul of its own law by\nallowing smoking because of workplace protection.\nThe Assistant City Manager responded many times, owners bus tables in order to\nprotect employees; stated staff if trying to establish a strong ordinance, but the\nordinance would not be perfect.\nMayor Gilmore inquired when staff would be coming back with research on electronic\ncigarettes and bar patios, to which the Assistant City Manager responded as soon as\npossible.\nMayor Gilmore inquired when staff would come back with outreach results for rental and\ncondominium owners.\nThe Assistant City Manager responded a series of meetings would be held; stated staff\nwould work with ECHO Housing; the Alameda Realtors Association provided a mailing\nlist of property management companies.\nCouncilmember Tam inquired what has been Union City's enforcement experience.\nThe Senior Management Analyst responded enforcement has been complaint driven;\nstated Union City's ordinance is relatively new; Hayward's downtown area has been\nactively ticketed.\nVice Mayor Bonta requested clarification on the nuisance issue.\nThe Acting City Attorney stated the Municipal Code already has language that states\nthat any violation of the Municipal Code is a nuisance; the ordinance would have a\ncomponent for private enforcement.\nVice Mayor Bonta stated that he likes the idea of providing clauses in lease agreements\nat a future time; providing some model forms would be good so that a landlord would\nknow that they would be complying with requirements of the ordinance.\nThe Acting City Attorney stated Richmond points to the California Apartments\nAssociation Form 34.\nThe Senior Management Analyst stated that she is aware of the form; the City does not\nhave authorization to have the form in the ordinance; the form could be included in\noutreach material and posted on the website.\nVice Mayor Bonta inquired whether the City would not be able to replicate Richmond, to\nwhich the Senior Management Analyst responded a license is needed to use the form.\nVice Mayor Bonta stated that he likes the idea of providing certainty to landlords or\nRegular Meeting\nAlameda City Council\n6\nNovember 15, 2011", "path": "CityCouncil/2011-11-15.pdf"}
{"body": "CityCouncil", "date": "2011-11-15", "page": 7, "text": "apartment owners; staff should seek permission or authorization [to reference the form]\nif possible; that he would like to make said amendment to the ordinance.\nThe Acting City Attorney stated that she does not see a problem with referencing the\nform.\nMayor Gilmore stated that she is concerned with the ordinance going into effect during\nthe holidays; she would be in favor of the first of the year.\nIn response to Vice Mayor Bonta's inquiry, the City Manager stated there are many\nexamples of federal statues that provide for statutory damages because showing how\nthe damage applies to a particular individual is difficult; the concept of the private\nattorney general is often included in consumer and other environmental type statues\nand regulations when there is an acknowledgement that the government agency may\nnot have the resources available to do the enforcement at legislature's desired level; the\nordinance would be a low priority enforcement given all of the other issues on the table\nfor the Police Department; applying a private attorney general method would encourage\nenforcement of the law; further stated showing personal damage is not necessary for\nsome tortes.\nThe Acting City Attorney summarizes the suggested amendments: removing the clause:\n\"WHEREAS, California law declares that anything which is injurious to health or\nobstructs the free use of property, as to interfere with comfortable enjoyment of life or\nproperty, is a nuisance\" would be replaced with: \"WHEREAS, Alameda Municipal Code\nSection 1- - 5.43(a) provides that any condition existing in violation of this Code is\ndeemed a public nuisance\"; the last sentence of Section 24-11.1(v) [Smoking also\nincludes the use of an e-cigarette which creates a vapor, in any manner or in any form,\nor the use of any oral smoking device for the purpose of circumventing the prohibition of\nsmoking in this Section] would be removed; Section 24.12.2 [For the purpose within the\nCity, nonconsensual exposure to secondhand smoke occurring on or drifting into any\nmulti-unit residence is a nuisance] would be removed; Section 24-12.8(g) [Any violation\nof this Section 24-12 is hereby declared to be a nuisance] would be struck; a provision\nwould be added regarding the California Apartment Association Form 34, which would\nread the same as the City of Richmond; and the enforcement date would be changed to\nJanuary 2, 2012.\nVice Mayor Bonta stated electronic cigarettes, bar patios, and beaches would be\nbrought back for further discussion; inquired whether electronic cigarettes and bar patio\nsmoking would not be prohibited now, to which the Acting City Attorney responded in\nthe affirmative.\nCouncilmember Johnson suggested beaches be included in the ordinance; beaches\ncould be removed if it becomes clear that the City does not have jurisdiction.\nThe Acting City Attorney stated staff took a precursory look into the matter and does not\nsee anything that would prevent enforcement [at beaches]; the matter could be\nRegular Meeting\nAlameda City Council\n7\nNovember 15, 2011", "path": "CityCouncil/2011-11-15.pdf"}
{"body": "CityCouncil", "date": "2011-11-15", "page": 8, "text": "reviewed after additional research; suggested beaches be added to Section 24-11.1(s)\n[Recreational Areas].\nVice Mayor Bonta moved final passage of the ordinance with the amendments.\nCouncilmember Tam seconded the motion.\nUnder discussion, Councilmember Tam noted speakers addressing the harm and public\nhealth concerns regarding electronic cigarettes is compelling.\nOn the call for the question, the motion carried by unanimous voice vote - 5.\n***\nMayor Gilmore called a recess at 9:20 p.m. and reconvened the meeting at 9:31 p.m.\n* *\nCITY MANAGER COMMUNICATIONS\n(11-567) The City Manager encouraged everyone to take the website and tree surveys;\ndiscussed public noticing and outreach; announced a November 17th Town Hall\nmeeting.\nORAL COMMUNICATIONS, NON-AGENDA\n(11-568) Former Councilmember Lil Arnerich, Alameda, announced two Alameda\nrepresentatives would serve on the Alameda County Fair Board.\n(11-569) Janet Gibson, Alameda, requested clarification on whether the Brown Act\nallows Councilmembers to attend non-noticed meetings [such as the Town Hall\nupcoming meeting].\nThe Acting City Attorney stated Council can attend any ceremonial event; however, if\nCouncilmembers talk to each other regarding business within the subject matter\njurisdiction, a notice would be needed.\nMayor Gilmore noted sometimes Councilmembers cannot attend meetings because of\nscheduling conflicts.\nCOUNCIL REFERRALS\n(11-570) Direct Staff to Seek Alternative Options to the Golf Land Swap\nMayor Gilmore gave a brief presentation; stated the two minute rule would apply to\nspeakers except for Mr. Van Winkle.\nThe City Manager clarified Mayor Gilmore's referral is to direct staff to seek alternative\noptions to the property exchange that would still provide for the long-term financial\nRegular Meeting\nAlameda City Council\n8\nNovember 15, 2011", "path": "CityCouncil/2011-11-15.pdf"}
{"body": "CityCouncil", "date": "2011-11-15", "page": 9, "text": "sustainability of the Chuck Corica Golf Complex.\nOpposed to land swap: Joe Van Winkle, Alameda; Michael Robles Wong, Alameda;\nMary Anderson, Alameda; Lee Paulsen, Alameda; Ann Moxley, Alameda; Marie Kane,\nBay Isle Point Homeowners Association; James Manning, Alameda; Norma Arnerich,\nAlameda; former Councilmember Lil Arnerich, Alameda; Ken Peterson, Alameda; Jane\nSullwold, Alameda; Robert Sullwold, Alameda; Sean Todaro, Alameda; Nadine Levine,\nAlameda; and Nancy Hird, Alameda.\nUrged any alternative consider youth sports: Pat Bail, Alameda Youth Sports Coalition.\nMayor Gilmore stated that her intent was to ask Council whether they would be willing to\ndirect staff to look at alternatives to the land swap, to which Councilmember Tam and\nCouncilmember Johnson replied in the affirmative.\nThe City Manager stated the swap options include: 1) have the City develop the North\nLoop property for sports; or 2) have staff talk with Ms. Bail and Sports Coalition\nmembers regarding the option of having the City do the swap and having the Sports\nCoalition develop North Loop Road as part of a broader agreement; the non- swap\noptions are: 1) have the City continue to run the Course and come up with a different\nfinancing option to fund necessary improvements; 2) have a non-profit run the Course\naltogether; or 3) have the City continue to be in charge while using an operator; the City\nwould continue to operate the 36-holes and a non-profit would operate the Mif Albright\nCourse; requested that Council give staff until January 24th to review alternatives.\nCouncilmember Johnson moved approval of directing staff to look at alternatives and\nreturn back to Council on January 24th.\nVice Mayor Bonta seconded the motion.\nCouncilmember deHaan inquired whether the Acting City Attorney is ready to provide\nsome feed back on Article 22 [of the City Charter] and supermajority vote.\nMayor Gilmore responded said discussion might be more appropriate when alternatives\ncome back.\nCouncilmember deHaan stated on April 5, 2011, Ron Cowan wrote that the City of\nAlameda is legally obligated to honor the Harbor Bay Development Agreement for 3,200\nhomes; that he believes the statement is contrary to the settlement agreement; a legal\nsettlement provided for an opportunity to build 227 homes; when the Request for\nProposals (RFP) went out, KemperSports was not the leader; KemperSports defaulted\nback in April when they said they were going to provide $5 million of their own funding;\nthe City subsequently found out that KemperSports was banking on the City to bond it\n[$5 million]; at that point, KemperSports was in default of the negotiating agreement; the\nCity should be going out with another modified RFP; the proposal should be for two 18-\nholes and a 9-hole short course; accurate facts should be provided on the website.\nRegular Meeting\nAlameda City Council\n9\nNovember 15, 2011", "path": "CityCouncil/2011-11-15.pdf"}
{"body": "CityCouncil", "date": "2011-11-15", "page": 10, "text": "The City Manager stated information on the website addresses operating theories;\npeople can have different options; facts on the website are not incorrect.\nOn the call for the question, the motion carried by the following voice vote: Ayes:\nCouncilmembers Bonta, Johnson, Tam, and Mayor Gilmore - 4. Present not voting:\nCouncilmember deHaan - 1.\nVice Mayor Bonta stated looking at all options is a good idea; options should not be\nlimited.\nCOUNCIL COMMUNICATIONS\n(11-571) Councilmember Tam announced that she attended a Waste Management\nAuthority and East Bay League of California Cities meeting last week.\n(11-572) Vice Mayor Bonta invited everyone to attend a Town Hall Meeting this\nThursday from 6:00 p.m. to 8:00 p.m. at the Boys and Girls Club.\nADJOURNMENT\nThere being no further business, Mayor Gilmore adjourned the meeting at 10:44 p.m.\nRespectfully submitted,\nLara Weisiger\nCity Clerk\nThe agenda for this meeting was posted in accordance with the Brown Act.\nRegular Meeting\nAlameda City Council\n10\nNovember 15, 2011", "path": "CityCouncil/2011-11-15.pdf"}
{"body": "CityCouncil", "date": "2011-11-15", "page": 11, "text": "MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND\nALAMEDA REUSE AND REDEVELOPMENT AUTHORITY (ARRA) MEETING\nTUESDAY - -NOVEMBER 15, 2011 - 6:00 - P.M.\nMayor/Chair Gilmore convened the meeting at 6:00 p.m.\nRoll Call -\nPresent:\nCouncilmembers/Board Members Bonta, deHaan,\nJohnson, Tam and Mayor/Chair Gilmore - 5.\nAbsent:\nNone.\nThe meeting was adjourned to Closed Session to consider:\n(11-547 CC) Public Employment - (54957); Title: City Attorney\n(11-548 CC) Conference with Legal Counsel - Anticipated Litigation; Initiation of\nlitigation pursuant to subdivision (c) of Section 54956.9; Number of cases: Two\n(11-077 ARRA) Conference with Real Property Negotiator (54956.8); Property:\nAlameda Point; Agency Negotiator: Jennifer Ott, Alameda Point COO; Negotiating\nparties: ARRA and US Navy; Under Negotiations: Price and Terms of Payment\nFollowing the closed session, the meeting was reconvened and Mayor/Chair Gilmore\nannounced that regarding the two cases of Anticipated Litigation, Legal Counsel\nexplained the basis for litigation or adjudicatory proceeding and Council provided\ndirection; and regarding Real Property, the matter would not be heard.\nMayor Gilmore called a recess to convene the regular meeting at 7:00 p.m. and\nreconvened the closed session at 10:53 p.m.\n* * *\nFollowing the reconvened closed session, Mayor Gilmore announced that regarding\nPublic Employment, no action was taken.\nAdjournment\nThere being no further business, Mayor/Chair Gilmore adjourned the meeting at 11:15\np.m.\nRespectfully submitted,\nLara Weisiger\nCity Clerk\nThe agenda for this meeting was posted in accordance with the Brown Act.\nSpecial Joint Meeting\nAlameda City Council, Alameda\nReuse and Redevelopment Authority\nNovember 15, 2011", "path": "CityCouncil/2011-11-15.pdf"}
{"body": "CityCouncil", "date": "2011-11-15", "page": 12, "text": "MINUTES OF THE SPECIAL JOINT CITY COUNCIL,\nALAMEDA REUSE AND REDEVELOPMENT AUTHORITY (ARRA), AND\nCOMMUNITY IMPROVEMENT COMMISSION (CIC) MEETING\nTUESDAY--NOVEMBER 15, 2011--6:59 - P.M.\nMayor/Chair Gilmore convened the meeting at 10:44 p.m.\nROLL CALL -\nPresent:\nCouncilmembers / Board Members / Commissioners\nBonta, deHaan, Johnson, Tam and Mayor/Chair\nGilmore - 5.\nAbsent:\nNone.\nORAL COMMUNICATIONS\nNone.\nCONSENT CALENDAR\nCouncilmember/Board Member/Commissioner Tam moved approval of the Consent\nCalendar.\nVice Mayor/Board Member/Commissioner Bonta seconded the motion, which carried by\nunanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk\npreceding the paragraph number.]\n(*11-039 CIC) Minutes of the Special Joint City Council and CIC Meeting, and the\nSpecial CIC Meeting Held on September 6, 2011 and September 20, 2011. Approved.\n[Note: Chair Gilmore abstained from voting on the September 20, 2011 minutes.]\n(*11-549 CC/11-078 ARRA/11-040 CIC) Recommendation to Accept the First Quarter\nFinancial Report for the Period Ending September 30, 2011. Accepted.\nAGENDA ITEMS\nNone.\nADJOURNMENT\nThere being no further business, Mayor/Chair Gilmore adjourned the meeting at 10:44\np.m.\nRespectfully submitted,\nLara Weisiger, City Clerk\nSecretary, CIC\nThe agenda for this meeting was posted in accordance with the Brown Act.\nSpecial Joint Meeting\nAlameda City Council, Alameda Reuse and\nRedevelopment Authority, and Community\nImprovement Commission\nNovember 15, 2011", "path": "CityCouncil/2011-11-15.pdf"}