2009-06-16 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- -JUNE 16, 2009- -7:30 P.M.
Mayor Johnson convened the Regular Meeting at 7:52 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 -236) Proclamation Recognizing Contributions to the City by Gay
and Lesbian Residents and Encouraging the Community to Recognize
These Contributions, Particularly During the Month of June, Gay
Pride Month.
Mayor Johnson read and presented the proclamation to Debra
Arbuckle.
Ms. Arbuckle thanked Council for the proclamation.
Speaker: Morten Wellhaven, Alameda.
(09 -237) Proclamation Proclaiming June 27, 2009 as Relay for Life
Day in the City of Alameda.
Mayor Johnson read and presented the proclamation to Amanda Harris,
NormanJean Hickock, Kristen Thorson, Joan Jessen, Jennifer Uolla,
and Amanda Porter.
Ms. Hickock thanked Council for the proclamation; invited Council
to attend the Relay for Life event.
CONSENT CALENDAR
Councilmember Gilmore stated page 7 of the Regular Minutes should
read "grapple with the problem."
Councilmember Matarrese moved approval of the Consent Calendar with
the correction to the minutes.
Vice Mayor deHaan seconded the motion, which carried by unanimous
voice vote - 5. [Items so enacted or adopted are indicated by an
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asterisk preceding the paragraph number.]
( *09 -238) Minutes Special and Regular City Council Meetings Held on
June 2, 2009. Approved.
[Note the Regular Minutes were approved with correction to page 7.1
( *09 -239) Ratified bills in the amount of $1,132,882.26.
( *09 -240) Recommendation to Approve the City of Alameda Investment
Policy. Accepted.
( *09 -241) Recommendation to Approve an Agreement with Holland &
Knight, LLP in the Amount of $96,000 for Federal Legislative
Advocacy Services. Accepted.
( *09 -242) Recommendation to Award the Contract for Legal
Advertising for Fiscal Year 2009 -2010. Accepted.
( *09 -243) Recommendation to Adopt Plans and Specifications and
Authorize Call for Bids for Central Avenue Sewer Rehabilitation,
Pacific Avenue to Third Street, No. P.W. 05- 09 -13. Accepted.
( *09 -244) Recommendation to Adopt Plans and Specifications and
Authorize Call for Bids for Fernside Boulevard Sewer
Rehabilitation, Thompson Avenue to High Street, No. P.W. 03- 09 -09.
Accepted.
( *09 -245) Recommendation to Approve the Non - Disturbance and
Attornment Agreement Between City of Alameda and Diageo Chateau &
Estate Wines Company. Accepted.
( *09 -246) Resolution No.
and Documents to City's
Revenue and Taxation Code
( *09 -247) Resolution
Employees Association
Employees Association
14342, "Authorizing Access
Legal Counsel Pursuant
Section 7056(b)." Adopted,
No. 14343, "Amending
(ACEA) and Management
(MCEA) Salary Schedules."
to Tax Records
to California
the Alameda City
and Confidential
Adopted.
( *09 -248) Ordinance No. 2996, "Approving and Authorizing the Sale
of the Remnant Parcel at the Northeast Corner of the Intersection
of Ron Cowan Parkway and Harbor Bay Parkway and Authorize the
Interim City Manager to Execute All Necessary Documents." Finally
passed.
( *09 -249) Ordinance No. 2997, "Amending the Alameda Municipal Code
by Deleting Chapter XX (Flood Damage Prevention) and Adding a New
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Chapter XX (Flood Plain Management) to Meet the Requirements of the
Federal Emergency Management Agency (FEMA) Flood Insurance Program
and Approve Updated Flood Insurance Rate Maps." Finally passed.
CITY MANAGER COMMUNICATIONS
(09 -250) The Fire Chief provided a briefing on a recent structure
fire.
Councilmember Matarrese inquired whether fire fighters returned to
the scene because the fire re- ignited.
The Fire Chief responded the fire rekindled in the roof area at
approximately 3:00 a.m.
Councilmember Matarrese inquired what equipment returned to the
scene.
The Fire Chief responded that he assumes a full first response team
returned; further stated the building was fully involved [the first
time fire fighters responded]; adjacent homes are very close in
proximity; fire fighters did a commendable job protecting other
structures.
Mayor Johnson inquired when initial responders left the scene.
The Fire Chief responded that he left the scene at approximately
8:30 p.m.; stated the crew left at midnight or so.
Councilmember Tam inquired how the less injured fire fighter is
doing.
The Fire Chief responded the fire fighter was wearing gloves but
grabbed an iron hand railing and received second degree burns to
the palm of the hand through the glove.
Councilmember Tam stated twenty -one people responded to the first
call; inquired whether the number included Oakland responders, to
which the Fire Chief responded in the negative.
Councilmember Tam inquired whether twenty -one people were at the
scene the entire time.
The Fire Chief responded in the negative; stated engines are
released once the clean up phase starts; three companies were on
the scene when he left.
Vice Mayor deHaan inquired how long the fire was burning before
fire fighters arrived, to which the Fire Chief responded the matter
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is being investigated.
Vice Mayor deHaan inquired whether the Fire Captain was burned
through protective clothing.
The Fire Chief responded someone bumped into the Fire Captain and
the Fire Captain fell over a knee wall; stated the fall caused a
separation between his coat and turnouts which exposed skin.
Vice Mayor deHaan inquired whether circumstances were out of the
ordinary.
The Fire Chief responded that he does not see anything unusual
about response times or available resources, only injuries; stated
all fire apparatus units were in station and responded except the
truck.
Mayor Johnson inquired how many fire fighters came from Oakland, to
which the Fire Chief responded seventeen.
Mayor Johnson inquired when [Oakland] fire fighters left the scene,
to which the Fire Chief responded approximately 7:30 p.m.
Mayor Johnson stated the mutual aid procedures should be refined to
dispatch to stations, not the scene.
The Fire Chief stated a meeting is scheduled with Oakland tomorrow;
discussions need to involve Alameda Fire and Oakland Fire and
dispatch; an Oakland unit automatically responds when there is a
fire at Harbor Bay; the Oakland unit that would normally respond
was out on another call.
Councilmember Matarrese inquired whether the outcome would have
been different with five stations instead of four.
The Fire Chief responded in the negative; stated the building was
lost when crews arrived; a more negative outcome could have
occurred if units were tied up with other calls.
Mayor Johnson requested that the Fire Chief wish the injured fire
fighters the best and speedy recovery.
(09 -251) Presentation on GoLibrary.
The Supervising Librarian gave a Power Point presentation.
Councilmember Tam inquired how much the GoLibrary unit costs, to
which the Supervising Librarian $150,000.
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Councilmember Tam inquired how many books the unit holds, to which
the Supervising Librarian responded approximately 400.
Councilmember Tam inquired whether the books are paperback, to
which the Supervising Librarian responded the books are paperback
and hard cover.
Councilmember Tam inquired whether late returns occur, to which the
Supervising Librarian responded the situation depends on the
borrower.
Mayor Johnson inquired whether the books can be returned at the
unit, to which the Supervising Librarian responded in the
affirmative.
Mayor Johnson inquired whether additional units are planned.
The Library Director responded more units can be added when funding
becomes available.
Councilmember Gilmore inquired how often books change, to which the
Supervising Librarian responded every two months.
Councilmember Matarrese inquired whether the unit is connected to
the Library card system so that books can be requested, to which
the Supervising Librarian responded in the negative; stated other
units could offer the option.
Mayor Johnson stated people should be able to select books on the
Library website.
The Library Director stated the matter could be addressed in the
future; currently, selection is restricted because of book size.
Mayor Johnson inquired whether Contra Costa County has a Countywide
library system, to which the Supervising Librarian responded in the
affirmative, with the exception of Richmond.
Councilmember Gilmore inquired where books are returned, to which
the Supervising Librarian responded through the unit's slot.
The Library Director stated the unit is tied into the library
catalogue and checkout system; people can go on line and see what
has been checked out and the due date.
Vice Mayor deHaan inquired what is the size of the unit, to which
the Supervising Librarian responded similar to a vending machine,
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just taller.
Vice Mayor deHaan inquired where initial funding came from, to
which the Library Director responded Community Development Block
Grant (CDBG) funds.
Vice Mayor deHaan inquired whether maintenance costs would be
absorbed by the Library, to which the Library Director responded in
the affirmative.
Vice Mayor deHaan inquired when the unit would be available, to
which the Supervising Librarian responded within six months of
ordering.
Mayor Johnson inquired whether units have been placed at schools.
The Library Director responded that she is not aware of any; stated
text books might not fit and might weigh too much; most units are
at transit hubs; the intent is serve underserved populations
because new library construction funding does not seem to be
eminent.
REGULAR AGENDA ITEMS
(09 -252) Resolution
No. 14344, "Reappointing Avonnet M. Peeler as a
Member of
the Civil Service Board." Adopted;
(09 -252A)
Resolution No. 14345, "Reappointing Paulina Kirola as a
Member of
the Commission on Disability Issues." Adopted;
(09 -252B)
Resolution No. 14346, "Reappointing Adrienne Longley -Cook
as a Member
of the Commission on Disability Issues." Adopted;
(09 -252C)
Resolution No. 14347, "Reappointing Jody Moore as a
Member of
the Commission on Disability Issues." Adopted;
(09 -252D)
Resolution No. 14348, "Reappointing Donna Talbot as a
Member of
the Historical Advisory Board." Adopted;
(09 -252E)
Resolution No. 14349, "Reappointing Ronald Kahn as a
Member of
the Housing and Building Code Hearing and Appeals Board."
Adopted;
(09 -252F)
Resolution No. 14350, "Reappointing Rebecca Kohlstrand
Parsons as
a Member of the Planning Board." Adopted;
(09 -252G)
Resolution No. 14351, "Reappointing John McCahan as a
Member of
the Public Utilities Board." Adopted:
(09 -252H)
Resolution No. 14352, "Reappointing Jonathan Soglin as a
Member of
the Social Service Human Relations Board." Adopted; and
(09 -252I)
Resolution No. 14353, "Reappointing Cynthia Wasko as a
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Member of the Social Service Human Relations Board." Adopted.
Councilmember Matarrese moved adoption of the resolutions.
Councilmember Tam seconded the motion, which carried by unanimous
voice vote - 5.
The City Clerk administered the Oath and presented certificates of
appointment to Donna Talbot, Ronald Kahn, Rebecca Kohlstrand
Parsons, John McCahan, and Jonathan Soglin.
(09 -253) Public Hearing to Consider Resolution No. 14354,
"Authorizing Collection of Delinquent Integrated Waste Management
Accounts by Means of the Property Tax Bills." Adopted.
The Public Works Director provided an updated list of delinquent
accounts and three requests for appeals; gave a brief presentation.
In response to Vice Mayor deHaan's inquiry, the Public Works
Director outlined Alameda County Industries' (ACI) notification
process for delinquent accounts.
Vice Mayor deHaan inquired whether the lien list covers properties
over and above the billing cycle.
The Public Works Director responded in the affirmative; stated
three letters were sent advising property owners that accounts were
transferred to the City.
Councilmember Matarrese stated that two banks are on the delinquent
list; inquired whether the banks responded, to which the Public
Works Director responded in the negative.
Mayor Johnson inquired whether the list includes foreclosed
properties, to which the Public Works Administrator responded some
properties are in the process of foreclosure.
Councilmember Matarrese inquired whether property owners received
notices.
The Public Works Director responded in the affirmative; stated
letters have not been returned.
Vice Mayor deHaan inquired how often accounts are settled after
appearing on tax rolls.
The Public Works Director responded most accounts are paid the
following year; accounts need to be paid if property is refinanced
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or sold.
Councilmember Matarrese moved adoption of the resolution.
Councilmember Tam seconded the motion, which carried by unanimous
voice vote - 5.
(09 -254) Public Hearing to Consider
Resolution No. 14355,
"Approving the Engineer's Report, Confirming
Assessment, and Ordering Levy of Assessments,
Landscaping and Lighting District 84 -2, All Zones."
The Public Works Director gave a brief presentation.
Diagram and
Island City
Adopted.
Mayor Johnson inquired what services would be cut [with the $5,200
reduction], to which the Public Works Director responded on -going
landscape maintenance.
Councilmember Matarrese inquired how much money the City invested
in re- landscaping and refurbishing Webster Street, to which the
Public Works Director responded approximately $2 million.
Councilmember Matarrese stated landscaping needs to be maintained;
reducing maintenance jeopardizes the initial investment.
Mayor Johnson stated the West Alameda Business Association (WABA)
should make cuts elsewhere; the City cannot allow landscaping to
deteriorate.
The Public Works Director stated WABA has been advised that the
City will not allow landscaping to deteriorate; a stronger message
will be sent.
Mayor Johnson stated WABA needs to make cuts in other areas, not
maintenance.
Vice Mayor inquired whether or not the City anticipates increasing
Business Association allocations.
The Interim City Manager responded the matter will be addressed on
August 3; stated the recommendation will be that WABA and Park
Street Business Association (PSBR) allocations not be increased.
The Public Works Director continued the presentation.
Councilmember Gilmore stated Harbor Bay Business Park's adjustment
is based on CPI; inquired whether the CPI adjustment is because the
zone is newer than PSBR and WABA, to which the Public Works
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Director responded in the affirmative.
Councilmember Gilmore inquired whether there is a way to add an
automatic CPI to the older zones once the economy turns around.
The Public Works Director responded property owners have to vote on
the issue; stated the assessment would be increased and the annual
CPI would be included; now, CPI increases are always done when
assessment districts are formed.
Mayor Johnson stated WABA's assessment has not been adjusted for
fifteen years; the amount collected does not include the cost of
new street scaping; WABA and PSBR knew of the added responsibility
and need to meet the obligation.
Councilmember Gilmore stated WABA needs to start preparing for a
large bump up when adjustments occur.
The Public Works Director stated WABA's assessment will double and
a CPI increase will be added; the gradual increase will be 25% each
year; stated Park Street flags might be cut.
Vice Mayor deHaan inquired whether shared costs for maintaining the
shoreline park and median area within Zone 5 increased, to which
the Public Works Director responded in the negative.
Vice Mayor deHaan inquired whether the vast majority of the
Recreation and Park Department's share is for shoreline park, to
which the Public Works Director responded the entire amount is for
shoreline park.
Vice Mayor deHaan inquired whether approximately $26,000 is for
Zone 5 median area, to which the Public Works Director responded
the $26,000 is for median area and planting strip.
Councilmember Matarrese moved adoption of the resolution.
Vice Mayor deHaan seconded the motion, which carried by unanimous
voice vote - 5.
(09 -255) Public Hearing to Consider Resolution No. 14356,
"Approving the Engineer's Report, Confirming Diagram and
Assessment, and Ordering Levy of Assessments, Maintenance
Assessment District 01 -01 (Marina Cove)." Adopted.
The Public Works Director gave a brief presentation.
Councilmember Tam moved adoption of the resolution.
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Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
ORAL COMMUNICATIONS, NON- AGENDA
(09 -256) Michael Torrey discussed the upcoming amateur radio event.
(09 -257) Domenick Weaver discussed fire issues.
(09 -258) Jeff Del Bono discussed the Harbor Bay fire.
(09 -259) Jon Spangler discussed social media networks.
COUNCIL REFERRALS
(09 -260) Discussion and Consideration of Carnegie Library Building
Use.
Councilmember Matarrese stated that he would like Council to
consider reevaluating the vote regarding using the Carnegie Library
for the Planning and Building Department and potentially directing
the Interim City Manager to see if a lease arrangement with the
Museum is feasible.
Councilmember Gilmore stated that she recalls the on -going
maintenance cost would be $150,000 per year; knowing whether the
Museum's financial picture has changed is important.
Councilmember Matarrese stated the $150,000 cost was for City
employees providing maintenance; that he would like the Interim
City Manager to investigate if there is a possibility of getting an
occupant for the building; a full blown investigation is not
needed.
Mayor Johnson stated everyone thinks having the Museum at the
Carnegie Building is a great idea; the question is whether the
Museum has funding; Council could direct the Interim City Manager
to investigate ways of getting the building back in use; perhaps
the Museum could be combined with something else; possibilities
should be reviewed; the City spent over $4 million on retrofitting
years ago.
Vice Mayor deHaan stated a fall back position should be reviewed
since the previous Planning and Building Department use will not
happen; that he has concerns with Americans with Disabilities Act
(ADA) requirements and HVAC system; all options should be reviewed.
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Councilmember Tam stated that she concurs with Mayor Johnson;
Council should not preclude the possibility of earning money;
looking into public and private partnerships would be great; there
has been some expectation of moving the Public Works Department
back to City Hall and have Planning and Building move to the
Carnegie Building.
The Interim City Manager stated Planning and Building will not have
the ability to pay for refurbishing the building; staff is working
on a space plan for the Planning and Building Department,
Development Services Department, and Fire Prevention; that she does
not think the Carnegie Building will need to be used except for
records storage.
Speakers: Bob Risley, Alameda; Robbie Dileo, Alameda Museum; Chuck
Millar, Alameda Museum.
Councilmember Matarrese moved approval of 1) reconsidering and
redirecting the previous motion; 2) reviewing other uses of the
Carnegie Building, including partnering with a non - profit such as
the Museum and other public /private partnerships; and 3) receiving
a preliminary report back from the Interim City Manager regarding
feasibility.
Councilmember Gilmore inquired whether Councilmember Matarrese is
requesting initial costs to make the building habitable and then
figure out uses and who could pay for it, to which Councilmember
Matarrese responded in the affirmative.
Vice Mayor deHaan seconded the motion.
Under discussion, Vice Mayor deHaan stated funding streams need to
be reviewed and all options need to be considered.
Councilmember Matarrese stated everything needs to be on the table.
Councilmember Tam stated getting a paying tenant needs to be
underscored.
Mayor Johnson stated having a display area would draw people into
the building; a multi -use building would be beneficial.
Councilmember Gilmore stated that she does not want the City to be
committed to providing a long -term subsidy in the form of money as
opposed to just the building; the subsidy should come from a paying
tenant.
Councilmember Matarrese stated the City pays a subsidy to the
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Museum that goes into the pocket of a private landlord; other
cities have models where the city and non - profit provide a cultural
service and the building is paid for from long -term foundation
grants and sales from gift shops, which is consistent with the
Carnegie foundation gift.
The Interim City Manager stated that she would need sixty days to
consider use options.
On the call for the question, the motion carried by unanimous voice
vote - 5.
COUNCIL COMMUNICATIONS
(09 -261) Written Communication from the League of California Cities
requesting designation of Voting Delegate for the League's 2009
Annual Conference.
Mayor Johnson selected Councilmember Tam as the representative and
Vice Mayor deHaan and Councilmember Gilmore as alternates.
Councilmember Matarrese moved approval.
Mayor Johnson seconded the motion, which carried by unanimous voice
vote - 5.
(09 -262) Councilmember Gilmore stated that she went to Sacramento
with Vice Mayor deHaan and Councilmember Tam; the Governor is
suggesting taking away $2.4 million from the City; the State will
be running out of money soon, and the Legislature is taking
weekends off and not dealing with the problem; that she came away
feeling very disheartened.
Vice Mayor deHaan stated the Legislature is at an impasse and does
not know where to go.
Councilmember Tam stated the State will run out of cash by July 28;
federal law precludes the State from declaring bankruptcy; cites
are allow to go bankrupt.
Vice Mayor deHaan stated transportation funds are becoming a
concerning factor.
Councilmember Tam echoed the grimness; stated that she appreciates
the Deputy City Manager attending.
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ADJOURNMENT
There being no further business, Mayor Johnson adjourned the
Regular Meeting at 9:45 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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