2005-12-06 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY - - DECEMBER 6, 2005 - - 7:30 P.M.
Mayor Johnson convened the Regular Meeting at 7:45 p.m.
ROLL CALL - Present: Councilmembers Daysog, deHaan, Gilmore,
Matarrese, and Mayor Johnson - 5.
Absent: None.
AGENDA CHANGES
(05 -552) Mayor Johnson announced that the recommendation to
appropriate $142,000 in Urban Runoff Funds [paragraph no. 05 -556]
was withdrawn from the Consent Calendar.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(05 -553) Library Project Update.
The Project Manager gave a brief update.
Mayor Johnson inquired whether there were any cherry cabinets in
the internal staff areas, to which the Project Manager responded in
the negative.
Mayor Johnson stated that cherry cabinets should be placed in areas
that are visible to the public; utilizing formica countertops in
other areas was a good way to save costs; inquired whether the
costs for the minor redesign items need to be negotiated or whether
the costs are in the contract.
The Project Manager responded the Architect is responsible for
construction administration; any changes are covered under
construction administration; the percentage of change orders
attributed to the designer would be reviewed with the City Attorney
at the end of the project.
Mayor Johnson inquired whether changes discussed tonight were
construction administration changes and whether the changes have
already been paid for, to which the Project Manager responded in
the affirmative.
Councilmember deHaan inquired whether pushing off the masonry work
would result in any impact to the schedule, to which the Project
Manager responded in the negative.
Councilmember deHaan inquired whether the Architect offered to pay
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December 6, 2005
for oversights.
The Project Manager responded that the Architect does not
voluntarily offer to pay; recourse would be a claim on the
insurance policy.
Councilmember deHaan inquired whether the first claim could be for
the firewall, to which the Project Manager responded the firewall
and staircase could be potential claims.
Mayor Johnson stated that the project is moving along well; the
public is very impressed with the process.
CONSENT CALENDAR
Councilmember deHaan moved approval of the Consent Calendar with
the caveat of withdrawing the recommendation to appropriate
$142,000 in Urban Runoff Funds [paragraph no. 05 -5561; noted major
inroads have been made on the ferry service.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
[Items so enacted or adopted are indicated by an asterisk preceding
the paragraph number.]
( *05 -554) Minutes of the Special and Regular City Council Meetings
held on November 15, 2005. Approved.
( *05 -555) Ratified bills in the amount of $4,504,278.52.
(05 -556) Recommendation to appropriate $142,000 in Urban Runoff
Funds to repair public storm drainage facilities within the
Bridgeside Shopping Center and reimburse Regency Centers for
expenditures incurred. Withdrawn.
( *05 -557) Recommendation to adopt the Ferry Short Range Transit
Plan. Accepted.
( *05 -558) Recommendation to adopt Plans and Specifications and
authorize Call for Bids for Five Police Communications Center
Workstations. Accepted.
( *05 -559) Recommendation to accept the Affordable Housing Ordinance
Annual Review. Accepted.
( *05 -560) Recommendation to accept the Public Art Ordinance Annual
Review. Accepted.
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( *05 -561) Recommendation to accept Impact Fee Report for Police and
Fire services. Accepted.
( *05 -562) Recommendation to accept the Annual Investment Report for
the 2004 -2005 Fiscal Year. Accepted.
( *05 -563) Recommendation to award Restaurant Concessionaire
Contract to Tom Genanekos, Owner of Jim's Coffee Shop, for
exclusive right to sell food and beverage service at the Chuck
Corica Golf Complex. Accepted.
( *05 -564) Resolution No. 13910, "Authorizing Open Market Purchase
from Sungard Pentamation, Bio -Key International and Omega Group
Pursuant to Section 3 -15 of the Alameda City Charter in the Amount
of $307,804 for Pentamation Finance Plus and Community Plus
Software, Bio -Key Fire Records Management Software and Fireview
Software." Adopted.
( *05 -564A) Resolution No. 13911, "Authorizing the Purchase of
Storage Area Network System Using the State of California
Department of General Services, Procurement Division, Competitive
Bid Award." Adopted.
( *05 -564B) Resolution No. 13912, "Authorizing the Execution and
Delivery of a Master Equipment Lease - Purchase Agreement, an Escrow
Agreement and Separate Equipment Schedules with Respect to the
Acquisition, Purchase, Financing and Leasing of Certain Equipment
for the Public Benefit; Authorizing the Execution and Delivery of
Documents Required in Connection therewith; and Authorizing the
Taking of all Other Actions Necessary to the Consummation of the
Transactions Contemplated by this Resolution." Adopted.
REGULAR AGENDA ITEMS
(05 -565) Resolution No. 13913, "Appointing Morris H. Trevithick as
a Member of the Economic Development Commission (Real Estate /Land
Development Seat)." Adopted.
Councilmember Matarrese moved adoption of the Resolution.
Councilmember deHaan seconded the motion, which carried by
unanimous voice vote - 5.
The City Clerk administered the Oath of Office and presented Mr.
Trevithick with a certificate of appointment.
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December 6, 2005
Mayor Johnson called a recess to hold the Special Joint City
Council, Community Improvement Commission, and Alameda Reuse and
Redevelopment Authority Meeting at 8:03 p.m. and reconvened the
Regular Meeting at 9:10 p.m.
(05 -566) Update on City's infrastructure investment and review of
options to increase funding for preventative maintenance of
infrastructure.
The Public Works Director gave a brief presentation.
Mayor Johnson requested that a comprehensive report be brought back
to the Council at mid -year.
Councilmember Daysog inquired whether the real property transfer
tax was adjusted every year for inflation, to which the Finance
Director responded in the negative.
Councilmember Daysog stated $5.40 per thousand would be $5.69 per
thousand if adjusted for inflation; the increase would equal
approximately $180,000.
Mayor Johnson stated that she received several calls on the matter;
the Board of Realtors supports an increase in the tax but would
like to be involved in deciding the amount; the increase in home
prices pus an increased transfer tax above inflation rates.
Councilmember deHaan inquired whether $27 million was needed for
deferred maintenance, to which the Public Works Director responded
in the affirmative.
Councilmember deHaan stated nothing in the presentation reduces the
shortfall in a good orderly manner; making up the shortfall through
the transfer tax and lighting district assessments would be hard;
inquired whether the shortfall would continue to escalate and
deteriorate over time.
The Public Works Director responded in the affirmative; stated the
recommendation tonight was to get direction on crafting a long -term
strategy which would be folded into the ten -year model.
Councilmember deHaan stated that he did not see any cure -all, only
band -aids.
Mayor Johnson stated the shortfall needs to be handled in a more
strategic manner and needs to be in context with the ten -year
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budget projection; the goal is to have a system in place where a
certain amount of infrastructure is taken care of each year; tax
increases should not be considered except for the transfer tax; the
public has been very generous in supporting tax increases for the
library, schools and hospital; cuts [in infrastructure funding]
that have been made over the past five to seven years should not
happen again.
Councilmember Matarrese stated spending $27 million all at once
would not be possible even if the money was available; the idea of
increasing taxes is a long way off; the increase could be
approached through a public process; sidewalks are the most
critical assets that represent the biggest risk to health and
safety; the value of repairing sidewalks versus the value and
necessity of having the 25% reserve should be reviewed; 25% reserve
is an arbitrary figure; drawing down on the 25% reserve should be
considered; the budget should be reviewed; some items are under
budget because of department head vacancies; there should be an
analysis for using unspent budgeted money to fix critical items.
Councilmember deHaan inquired whether $2.8 million of repair
projects have been scheduled.
The Public Works Director responded the projects are not currently
scheduled because the money has not been appropriated; resurfacing
could be scheduled for the beginning of the next fiscal year;
sidewalks could be scheduled the current fiscal year.
Councilmember Matarrese requested an analysis between the
criticality of resurfacing a street versus fixing sidewalks.
Mayor Johnson stated that knowing how street and sidewalk
priorities are set based on finances is important; a lot of
sidewalks need to be repaired throughout the City; inquired whether
there should be a focus on sidewalk repair and crack sealing [for
streets] because of potential injuries and costs.
The Public Works Director responded that the total payment of
settlement claims and judgments ranged from a high of $37,000 to a
low of $10,000 during the last four years.
Mayor Johnson stated that attorney fees exceed the payouts.
Councilmember Matarrese inquired whether any claims were made
because the streets were in bad condition, to which the Public
Works Director responded that he was not aware of any.
Mayor Johnson stated that the new, flexible sidewalk material seems
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to be working well; inquired what type of feedback has been
received.
The Public Works Director responded the feedback has been positive;
Redwood City has tried a new rubberized concrete product; he was
waiting for a report back from staff on the product.
Mayor Johnson stated replacing the sidewalks with the new product
saves money because less on -going maintenance and repair is needed;
consideration should be given to drawing down on some of the
reserve to catch up on sidewalk repairs.
The City Manager stated that staff could project and identify
whether there would be an additional percentage above the 250.
Councilmember Matarrese suggested going below 250 of the reserve,
using part of the $2.8 million [identified in the staff report] for
streets, and using the amount identified in the staff report for
streets from the reserve for sidewalks instead.
Vice Mayor Gilmore inquired whether different species of trees are
reviewed.
The Public Works Director responded a Tree Master Plan was
developed to address trees planted years ago which were not the
most desirable for long term.
Vice Mayor Gilmore stated that trees fall down through natural
attrition.
Councilmember deHaan inquired whether there was a plan that
identifies a tree's life expectancy, to which the Public Works
Director responded in the negative.
Vice Mayor Gilmore inquired whether a list was available which
identifies trees with non - invasive roots.
The Public Works Director responded in the affirmative; stated
standards for expanded planting strips and deep watering are being
reviewed.
Councilmember Matarrese stated that Gibbons Drive would always have
Liquid Amber trees; sidewalk maintenance was greater in Alameda
than in other cities because of the value of large trees.
Councilmember deHaan stated that parameters need to be set for
drawing down on the reserves; inquired whether deferred maintenance
has grown experientially over the last four years.
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The Public Works Director responded that unfunded estimates keep
growing.
Councilmember deHaan inquired how the deferred maintenance growth
could be lessened by utilizing available dollars and General Fund
reserves.
Councilmember Daysog stated that first turning first to the
reserves was critical; the reserves have been built up by not
funding capital infrastructure maintenance; the build up was done
for a good reason because of the Base conversion; drawing down on
the reserves needs to be done prudently; half of the 25% reserve is
already designated, leaving the actual amount of the reserve at 80
to 120; suggested revisiting the Henry Gardner Plan; stated lease
revenue bonds were issued at Alameda Point in 1999 and were shifted
over to pay for infrastructure; there should be a way to issue
redevelopment bonds and shift budgetary dollars so that the capital
dollars could pay for improvements.
Mayor Johnson inquired whether shifting of the budgetary dollars
could be done.
Councilmember Daysog responded that the matter could be explored
with caution; he is not sure about raising taxes; he is willing to
explore adjusting the property transfer tax for inflation; stated a
report on sources and uses of funds has been presented; requested a
detailed plan outlining the problems and timetables for paths,
sidewalks and streets; stated he would continue to push for broader
community involvement in the process; moving forward was important.
Michael John Torrey, Alameda, stated sidewalks are needed on the
beltline side of Ralph Appezzato Parkway.
Mayor Johnson stated that the Board of Realtors would like to
discuss the transfer tax with staff.
The City Manager stated that an election would need to be held
because taxes are involved; stated that she would be happy to meet
with the Board of Realtors.
Councilmember deHaan stated that there is a broad range in the
amount of transfer tax in other cities; the City of Dublin's
transfer tax is $1.10 per thousand and the City of Oakland's
transfer tax is $16.10 per thousand.
The Public Works Director stated that the average transfer tax for
Charter cities is $9.47.
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Councilmember Daysog stated that the last two or three years could
be unique; anticipated numbers might not be realized.
Councilmember Matarrese stated reviewing the current budget is
important; money found should be spent on [infrastructure] projects
that would provide benefit.
Mayor Johnson inquired how the current budget could be reviewed to
make adjustments.
The City Manager responded that the Council could approve the staff
recommendation regarding current funds so that streets and
sidewalks can be identified and the bid award process could be
initiated; staff would review the impacts of drawing down on the
reserves, continue to review the budget to identify any unallocated
funds or savings, and identify per year costs for ten and twenty
year scenarios in conjunction with the ten -year financial
projection.
Mayor Johnson stated that departments should not be concerned that
budget cuts would be made; contingency funds would be reviewed.
The City Manager stated that acknowledging and appropriating
additional revenues should also be reviewed.
Councilmember Matarrese stated that a six -month run may not be
reflective and was not a linear spending rate; the risk of taking
the money needs to be balanced against the risk of allowing further
deterioration.
Mayor Johnson stated that the money could always be reallocated if
necessary.
Councilmember deHaan stated the matter would come back at the mid-
year review and decisions would be made then; there should be an
on -going viable program to ensure that maintenance would not be
deferred in hard times; a certain percentage of funds could be
established as a standing rate in the budget process; determining
how projects will be completed with existing funds and what will be
done if other funds become available is an important segment.
Councilmember Matarrese moved approval of the staff recommendation
with direction to 1) receive an analysis on the scenarios of
drawing down below the 250 level of reserves, 2) review the current
budget with regard to under budgeted areas that could be
redirected, 3) review possible new sources of revenue, and 4)
provide a report on the process of exploring an adjustment to the
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transfer tax.
Mayor Johnson stated there has been a lot of discussion on streets,
sidewalks, trees, and sewers; there is significant deferred
maintenance in the parks; the parks and recreation facilities are
very valuable parts of the community; the parks are being addressed
in the staff recommendation.
Councilmember deHaan requested that the motion be amended to
include reviewing the other assessment districts and the
establishment of landscaping and lighting districts.
Councilmember Daysog stated that he would like the motion to
include an analysis of the Henry Gardner Plan.
Mayor Johnson stated that she did not want to go into more debt
unless it was necessary.
Councilmember Matarrese stated that the Henry Gardner Plan was a
separate issue.
Mayor Johnson stated that staff should not spend a lot of time
exploring the matter; suggested discussing whether debt was
something the Council would like to review as a solution to the
deferred maintenance when the item was brought back.
Councilmember deHaan inquired whether reviewing the matter in an
Off- Agenda Report would be satisfactory to Councilmember Daysog.
Councilmember Daysog responded an Off- Agenda Report seems to be the
same as his request for analysis.
Councilmember deHaan concurred with Councilmember Daysog; stated
that determining how much time would be spent on the matter should
be determined; that he does not understand the Plan completely and
would not be able to vote on the matter tonight.
Councilmember Daysog stated that he was requesting an analysis of
the Plan.
Mayor Johnson
requested
a brief Off- Agenda Report describing the
Henry Gardner
Plan.
Councilmember
Matarrese
stated he
would mend the motion to include
an Off- Agenda
Report on
the Plan;
piling debt on top of a deficit
of deferred maintenance
was not a
priority for him.
Mayor Johnson
stated that she did
not want staff to spend a lot of
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December 6, 2005
time on the matter.
Councilmember Daysog stated that staff should spend as much time as
necessary to do a thorough job.
Mayor Johnson stated that the starting threshold could be
identifying the Henry Gardner Plan.
Councilmember Matarrese requested that the City Clerk repeat the
motion.
The City Clerk stated that Councilmember Matarrese moved approval
of the staff recommendation with direction to: 1) receive an
analysis on the scenarios of drawing down below the 250 level of
reserves, 2) review the current budget with regard to under
budgeted areas that could be redirected, 3) review possible new
sources of revenue, 4) provide a report on the process of exploring
an adjustment to the transfer tax, and 5) provide an Off- Agenda
Report on the Henry Gardner Plan.
Councilmember deHaan requested the motion be amended to include
reviewing other assessment districts and the establishment of
landscaping and lighting districts as other sources of revenue.
Councilmember Matarrese agreed to amend the motion.
Councilmember Daysog seconded the amended motion, which carried by
unanimous voice vote - 5.
ORAL COMMUNICATIONS, NON- AGENDA
(05 -567) Dorothy Reid, Alameda, stated a plan is before the
Planning Board to expand South Shore; acknowledged the help and
responsiveness of Doug Garrison, Dorene Soto and Bruce Knopf;
stated everyone involved was very concerned about receiving a
comprehensive, complete report; urged the Council to support the
efforts to make informed decisions.
Councilmember Matarrese stated that he appreciates receiving the
feedback; the Planning Department and Development Services
Department staff is top notch.
COUNCIL COMMUNICATIONS
(05 -568) Councilmember deHaan stated streaming video is available
on- line; other cities have placed City Council meetings on the web
for delayed viewing; requested investigating how the process is
done.
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(05 -569) Councilmember deHaan stated concerns over parking spaces
arose recently; at a Planning Board meeting, Development Services
indicated an in depth parking analysis would be completed for the
Park Street and Webster Street business areas; that he would like
the study to address buyout of parking space requirements; $6500 is
the current price; costs are closer to $20,000 per parking space;
potential owners should not be discouraged from establishing retail
and being able to buy out, however the study should review costs,
including ways to handle costs and defer costs; $6500 is not a good
price anymore; once a lot has been established, the area should not
be used for infill at a later time; recently a parking area was
bought out in order to allow construction; the policy should be
reviewed in the parking study.
Mayor Johnson inquired whether Councilmember deHaan is suggesting
the in lieu fee be raised.
Councilmember deHaan responded the fee may need to be higher and
might need to be able to be deferred as well; further stated if an
established parking lot has been used to meet requirements, the
owners should not be able to buy themselves out to establish retail
at the site and put the burden back on the City.
Mayor Johnson inquired where said case occurred, to which
Councilmember deHaan responded the Knowles property.
Mayor Johnson stated the issue should be reviewed in the larger
context of parking structures for the downtown areas; having half
of every lot dedicated to parking is not the best downtown
planning; parking in the downtown areas should be reviewed more
strategically; money going towards parking structures could be
emphasized, rather than requiring parking on every lot.
(05 -570) Mayor Johnson stated that the weather was great for the
tree lighting.
Councilmember Matarrese stated that the Dancing Trees were great.
Councilmember deHaan stated that the ice skating rink was well
received.
Mayor Johnson inquired when the lower lights are lit; suggested
that the lights go on at dark.
(05 -571) Councilmember deHaan stated that the Master Plan was one
of the key issues at the Joint City Council and Recreation and Park
Commission meeting; he was glad to see some of the major elements
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tackled.
(05 -572) Councilmember Daysog stated that a resident asked him
about the price of fire inspections for homes and the amount of
revenue that has been generated over the last five years; requested
background data on the matter.
ADJOURNMENT
There being no further business, Mayor Johnson adjourned the
regular meeting at 10:26 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
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December 6, 2005