2009-04-07 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- -APRIL 7, 2009- -7:30 P.M.
Mayor Johnson convened the Regular Meeting at 7:43 p.m.
ROLL CALL - Present: Councilmembers deHaan, Gilmore,
Matarrese, Tam, and Mayor Johnson - 5.
Absent: None.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(09 -127) Proclamation declaring the week of April 20 through 25,
2009 as Earth Week.
Mayor Johnson read and presented the proclamation to Pete
Halberstadt, President of West Advertising.
Mr. Halberstadt thanked Council for the proclamation; invited
everyone to attend Earth Day.
CONSENT CALENDAR
Mayor Johnson announced that the Resolution Authorizing the
Issuance of City of Alameda Taxable Retirement Funding Bonds
[paragraph no. 09 -1311 was pulled from the Consent Calendar for
discussion.
Councilmember Tam moved approval of the remainder of the Consent
Calendar.
Vice Mayor deHaan seconded the motion, which carried by unanimous
voice vote - 5. [Items so enacted or adopted are indicated by an
asterisk preceding the paragraph number.]
( *09 -128) Minutes of the Special City Council Meeting, the Special
Joint City Council and CIC Meeting and the Regular City Council
Meeting held on March 17, 2009; and the Special City Council
Meeting held on March 24, 2009. Approved.
( *09 -129) Ratified bills in the amount of $3,861,742.66.
( *09 -130) Recommendation to accept the work of Chrisp Company for
Annual Striping, Phase 6, No. P.W. 10- 07 -31. Accepted.
(09 -131) Resolution No. 14319, "Authorizing the Issuance of City of
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Alameda Taxable Retirement Funding Bonds; Authorizing the Execution
and Delivery of an Indenture and a Trust Agreement; and Authorizing
Commencement of a Validation Action Relating Thereto and Approving
Other Matters Relating Thereto." Adopted.
Councilmember Gilmore requested staff to review the matter for the
public.
The Interim City Manager gave a brief presentation.
Vice Mayor deHaan inquired when 1079 and 1082 Plans would retire,
to which the Interim City Manager responded 17 or 18 years.
Councilmember Tam stated the present value of unfunded accrued
actuarial liability [for Other Post Retirement Benefits (OPEB) ] is
$74.5 million; the validation process includes an indenture with
Union Bank for $22.2 million; inquired whether the amount is the
present value of the 1079 and 1082 Plans.
The Interim City Manager responded in the affirmative; stated the
indenture does not involve the $74.5 million [for OPEB].
Councilmember Tam inquired whether the City would still pay the
difference between the $22.2 million and $74.5 million.
The Interim City Manager responded $2.5 million is being paid on
the $22.5 million and $2.1 million to $2.2 million is being paid on
the $74.5 million this year.
Vice Mayor deHaan stated that he would like to review escalating
the amount in the future.
The Interim City Manager stated staff has not abandoned the idea of
reviewing financing options.
Councilmember Gilmore stated the City currently budgets $2.5
million for the 1079 and 1082 Plans and pays $2.1 million for the
[OPEB] "pay as you go" plan; $4.6 million is paid every year on
retirement benefits.
The Interim City Manager stated the 1079 and 1082 Plans are pension
benefits; the [OPEB] "pay as you go" cost for medical benefits
would grow by approximately $300,000 to $400,000 per year.
Councilmember Gilmore moved adoption of the resolution.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
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April 7, 2009
( *09 -132) Resolution No. 14320, "Authorizing the Acting City
Manager to Submit an Application for Measure B Paratransit Funding
for Fiscal Year 2009 -2010 and to Execute All Necessary Documents to
Implement the Project." Adopted.
( *09 -133) Resolution No. 14321, "Authorizing the Acting City
Manager to Submit a Request to the Metropolitan Transportation
Commission for the Allocation of Fiscal Year 2009/2010
Transportation Development Act, Article 3 Funding, in the Amount of
$68,000 to Fund the Local Match for the Safe Routes to School
Bicycle/ Pedestrian Improvement Projects and Authorize the Acting
City Manager to Execute All Necessary Documents." Adopted.
( *09 -134) Ordinance No. 2992,
by Adding Section 24 -10 (Cos
Service to Respond to and /or
Conditions or Owner Neglect)
Finally passed.
CITY MANAGER COMMUNICATIONS
"Amending the Alameda Municipal Code
t Recovery for Recurring Calls for
Abate Properties Due to Specified
to Chapter XXIV (Public Health) ."
(09 -135) Mayor Johnson welcomed Interim City Manager Ann Marie
Gallant.
(09 -136) The Fire Chief discussed the recent fire at the
Old Navy Hospital and Supply Depot.
Vice Mayor deHaan stated the community has concerns regarding the
ashes; requested an analysis be completed.
The Fire Chief stated that the Bay Area Air Quality Management
District (BAAQMD) sampled the air and did not find any asbestos or
lead in the air; debris has not been sampled; asbestos is not
airborne, does not burn, and is not in the smoke.
Councilmember Tam inquired whether the BAAQMD or County Health
Department could post the results.
The Fire Chief responded that he would consult with the BAAQMD;
stated BAAQMD furnished raw data but the data was not interpreted.
Councilmember Tam stated posting results would be helpful for the
sake of disclosure.
The Fire Chief noted the City Watch system needs to be updated.
Mayor Johnson inquired whether the City pays for the system, to
which the Fire Chief responded the City owns the software.
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The Interim City Manager stated staff would evaluate whether the
system is worth upgrading.
Vice Mayor deHaan inquired whether warning sirens are available for
certain areas.
The Fire Chief responded sirens can be individually activated, but
were not activated.
Vice Mayor deHaan inquired whether activation could be considered
in the future, to which the Fire Chief responded in the
affirmative.
REGULAR AGENDA ITEMS
(09 -137) Public Hearing to consider Resolution No. 14322,
"Establishing Integrated Waste Collection Ceiling Rates and
Services for Rate Period 8 (July 2009 to June 2010)." Adopted;
(09 -137A) Introduction of Ordinance Approving and Authorizing the
City Manager to Negotiate and Execute a Second Amendment to Modify
and Extend the Franchise Agreement with Alameda County Industries,
Inc. Introduced; and
(09 -137B) Introduction of Ordinance Amending the Alameda Municipal
Code by Amending Various Sections of Chapter XXI (Solid Waste and
Recycling) to Clarify the Definition of Customer and Customer
Responsibilities and Allocate $1,052,059 from the City Waste
Management Program Fund (Fund 274.1. Introduced.
The Interim City Manager and Public Works Director gave a brief
presentation.
Councilmember Matarrese inquired whether the advanced payment is
not coming from a non - General Fund set aside fund specifically for
the Waste Management Program Fund, to which the Public Works
Director responded in the affirmative.
Councilmember Matarrese inquired whether the fund is dedicated to
funding the liability and the City is just being asked to fund the
liability earlier, to which the Public Works Director responded in
the affirmative.
Vice Mayor deHaan inquired whether Alameda County Industries (ACI)
was in jeopardy of closing.
Louie Pellegrinni, ACI Vice President, responded the catastrophic
events in the worldwide meltdown of commodity values affected ACI;
stated 100 of the company's revenue disappeared the first week of
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November; ACI could not meet bank covenants and was in jeopardy of
defaulting on loans; ACI had to restructure debt payments and rate
relief to make up for the commodities value shortfall; the
commodities value was previously offsetting the costs of providing
service; recyclable materials could and have ended up in the
landfill because there is no market; ACI was in jeopardy of
closing.
Vice Mayor deHaan inquired whether certain commodities are
difficult to get rid of.
Mr. Pellegrinni responded 700 of commodities are moving; stated
high value plastics are moving; lower value plastics have always
been a questionable commodity; value has dropped 500; diversion
goals are being met.
Vice Mayor deHaan inquired whether other cities are facing similar
situations, to which Mr. Pellegrinni responded in the affirmative.
Vice Mayor deHaan stated the proposed Agreement extends to 2022;
inquired whether the proposed Agreement provides latitude for when
the market recovers and is best for the City.
The Interim City Manager responded small haulers operate by margins
of 5 to 15% profit; stated large carriers operate by a margin of 25
to 35% profit; small and medium size haulers are affected by the
decline in recyclables; small haulers should remain in the market
for competition; that she thinks the proposed extension is good for
both parties.
Vice Mayor deHaan stated the City contracted with Waste Management
to dispose of green waste; inquired whether ACI is still
contemplating taking over the operation.
Mr. Pellegrinni responded a third party processor accepts organic
materials; stated the County is looking at a processing facility;
the City has the right to redirect the material to an in- County
facility.
Councilmember Gilmore stated an incredible
and time went into the proposed Agreement;
allows for working with owners of multi -fam
complaints are about the number of bins on
sidewalks; using larger bins would results
spaces.
amount of work, effort
the proposed Agreement
Lly units; most resident
the street which crowd
in getting back parking
Proponents (In favor of staff recommendation) : Robb Ratto, Park
Street Business Association; Marilyn Schumacher, Alameda.
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Councilmember Tam stated the extension ensures competition, which
keeps ratepayers from being at the mercy of one monopoly; Alameda
has the highest recycling rate; the City would get 750 of revenues
if the rate goes above $80 per ton, which puts a cap on future
profitability.
Councilmember Tam moved approval of the staff recommendation.
Councilmember Matarrese seconded the motion.
Under discussion, Councilmember
extending the term to 2022 allows
allows potential for capturing
market recovers; ACI is a leader
service.
Matarrese stated the benefit of
for alternative fuel vehicles and
future profit sharing when the
in recycling and providing direct
Councilmember Gilmore stated ACI does not have a seat at the
bargaining table; bargaining is handled through Waste Management;
ACI has a "me too" clause and is required to follow whatever Waste
Management negotiates.
Councilmember Matarrese stated Local 70 sets the prevailing wage
for garbage haulers because Waste Management is the prevailing
provider.
Councilmember Gilmore stated the City has always had a policy of
encouraging contractors to pay prevailing wage.
On the call for the question, the motion carried by unanimous voice
vote - 5.
Vice Mayor deHaan inquired whether ACI's facility is still open to
the public, to which Mr. Pellegrinni responded in the affirmative.
(09 -138) Discussion of alternative uses for the Mif Albright Golf
Course and presentation by Kemper Sports Management.
Mayor Johnson stated that matter is on the agenda for discussion
only, not action.
The Acting Golf Manager gave a brief presentation.
Jim Stegall, Kemper Sports Executive Vice President of Operations,
gave a Power Point presentation.
Vice Mayor deHaan inquired whether tonight's presentation was
presented to the Golf Commission, to which Mr. Stegall responded in
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April 7, 2009
the negative.
Mayor Johnson recognized the Alameda High Girl's Golf team and
Coach Burnett, who introduced the members of the team.
Speakers: Grace Na, Alameda High School; Sharon Nam, Alameda High
School; Gina Kabasakalis, Alameda High School; Stephen Burnett,
Alameda High School Golf Coach;Carlos Briones, Junior Golf; Derek
Schediker, Alameda; John Kabasakalis, Alameda; Joe A. Williams,
Alameda; George Humphreys, Alameda; James D. Leach, Chuck Corica
Senior Men's Club; John Childs, Alameda Junior Golf; Horst Breuer,
Alameda; Shawn Shelby, Alameda; Ronald Cooper, Alameda; Robert
Sullwold, Alameda; Jane Sullwold, Alameda Golf Commission; Ron
Salsig; Norma Arnerich, Alameda; Jim Strehlow, Alameda; Christopher
Seiwald, Alameda Soccer club; Joe Van Winkle, Alameda.
Vice Mayor deHaan inquired whether Mr. Van Winkle's proposal was
presented to anyone else, to which Mr. Van Winkle responded the
proposal was presented to the Golf Commission.
Vice Mayor deHaan inquired whether the Golf Commission has had the
opportunity to review the proposal in depth.
Ms. Sullwold responded the proposal was put together quickly;
stated the Golf Commission is solidly behind the proposal.
Vice Mayor deHaan stated the proposed approach is not novel.
Mayor Johnson suggested that Mr. Van Winkle work with staff.
Vice Mayor deHaan stated staff should actively pursue looking at
reactivating the Golf Course well; the Mif Albright Golf Course
needs to open as soon as possible; the Mif Albright Golf Course was
never meant to be a stand -alone course; Mr. Van Winkle's proposal
should be reviewed; that he does not want to miss an opportunity by
over studying the matter; that he hopes Kemper Sports will be
involved; commended Kemper Sports for bringing new quality to the
Golf Course.
Councilmember Gilmore thanked everyone who spoke so passionately
about the matter; stated the City has to look at all options,
including Mr. Van Winkle's proposal; Kemper Sports indicated that
there has been a decline in rounds and discussed evaluating the
feasibility of reconfiguring and renovating to meet all of
Alameda's golf needs; inquired whether consideration has been given
to having a facility where children can learn to play golf.
Mr. Stegall responded there are a number of options.
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April 7, 2009
Councilmember Gilmore stated that she would not pre -judge the
proposed plan's viability; that she wants as much information as
possible.
Mr. Stegall stated that he would be happy to review Mr. Van
Winkle's proposal.
Councilmember Tam inquired how much the review would cost.
Mr. Stegall responded that there would not be a cost to review the
proposal and provide an option.
Councilmember Tam stated water is a big issue; 900 of the water is
imported from the Sierras; inquired whether Mr. Stegall would be
able to provide information on how much East Bay Municipal Utility
District (EBMUD) would charge for separating out the Mif Albright
Course meter and for providing a utility and maintenance cost
assessment.
Mr. Stegall responded that he would be happy to help obtain
information.
Councilmember Matarrese stated that he wants to ensure that the
Golf Commission evaluates the matter so that a study and official
opinion can be provided to Council; a lot of decisions have been
made based on numbers that continue to be challenged for accuracy
and relevance; requested that staff ensure numbers are accurate.
Vice Mayor deHaan inquired whether evaluation is part of Kemper
Sport's Contract.
Mr. Stegall responded the scope of service is to operate the Golf
Course.
Mayor Johnson stated that she took a tour of the Golf Course; the
Golf course is looking very good; golfers are complimenting Kemper
Sports and the attention being given to detail; more needs to be
done, especially capital improvements; Council agrees that everyone
needs to be accommodated at the Golf course.
Vice Mayor deHaan stated Mr. Van Winkle's self - sustaining proposal
should be pursued with some input from Kemper Sports and overview
from the Golf Commission.
Mayor Johnson stated that she wants to ensure that options are not
limited; concurred with Councilmember Gilmore's comments regarding
reviewing all options.
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The Interim City Manager stated staff would need thirty days to go
through the process with the Golf Commission, work with Kemper
Sports, and consider options.
(09 -139) Update on federal funding for City projects.
The Deputy City Manager gave a brief presentation.
Mayor Johnson inquired whether the Association of Bay Area
Governments (ABAG) and Alameda County Waste Management Authority
(WMA) are look at applying for energy efficiency block grants as a
region.
The Deputy City Manager responded that she heard about WMA's plans
and would check with ABAG; stated larger agencies want to tap into
formula funds for bigger projects.
Councilmember Matarrese thanked staff for the comprehensive report;
stated that he is happy that the City is keeping track of projects;
inquired why the City would borrow money for sewer projects when
the Sewer Fund is robust.
The Public Works Director stated some loans could be 00 or to
interest and the City can earn 3% interest.
Mayor Johnson stated that having an increase in Community
Development Block Grant funding is nice.
ORAL COMMUNICATIONS, NON- AGENDA
(09 -140) Kent Lewandowski, Sierra Club, submitted letter; addressed
the Sierra Club's concerns regarding SunCal's development proposal.
COUNCIL REFERRALS
None.
COUNCIL COMMUNICATIONS
(09 -141) Consideration of Mayor's nomination for appointment to the
Civil Service Board and Economic Development Commission.
Nominated Dean Batchelor as a member of the Civil Service Board and
Dennis H. Viehweg as a member of the Economic Development
Commission.
(09 -142) Councilmember Tam stated that she attended the League of
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California Cities (LCC) Meeting on April 3; most of the focus was
on three bills surrounding the use of plastic bags and proposed
$0.25 per bag charge; revenues from the fee would be used to
promote recycling and pay for litter clean up; San Francisco and
Oakland representatives were the most vocal about the initiative;
Councilmember Jean Quan stated San Francisco banned Styrofoam and
plastic bags, imposed a fee, and were not sued; Oakland banned both
and were sued; manufacturers launched the lawsuit stating that a
California Environmental Quality Act (CEQA) Environmental Impact
Report (EIR) is needed to impose the fee and ban plastic bags;
Oakland was advised an EIR would cost approximately $500,000;
discussions involved looking for a way to adjust CEQA to exempt the
ban; a city cannot exempt itself from State law; the League of
California Cities received a letter from the Governor asking for
support on six May 19 ballot measures; the Revenue and Taxation
Policy Committee recommended supporting Proposition 1A.
The Deputy City Manager stated the LCC Board recommends supporting
Propositions lA through 1F, which includes the pay raise issue.
Mayor Johnson stated that Oakland is thinking about doing a model
EIR that other cities could use.
(09 -143) Vice Mayor deHaan stated initiative circulators are over-
exaggerating the reason for signing the SunCal petition; that he
interviewed six circulators; all had a common thread of stating
that people need to sign because the Base needs to be cleaned up
and the Navy would not clean up; circulators are stating that they
want to take the process away from the City Council and that the
proposed plan is the only plan that would provide the required 150
set aside; the City's name is being used as a supporter and
partner; the issue should stand by itself [without using the City's
name].
ADJOURNMENT
There being no further business, Mayor Johnson adjourned the
Regular Meeting at 11:05 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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