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2010-07-20 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -JULY 20. 2010- -7:00 P.M. Mayor Johnson convened the meeting at 7:25 p.m. Councilmember Matarrese led the Pledge of Allegiance. ROLL CALL - Present: Councilmembers deHaan, Gilmore, Matarrese, Tam and Mayor Johnson — 5. Absent: None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY & ANNOUNCEMENTS (10 -354) Presentation by the Park Street Business Association on the 26th Annual Art and Wine Faire. Robb Ratto, Park Street Business Association, presented glasses to the City Council; thanked the City for supporting the Wine Faire; stated the Wine Faire is this weekend from 9:00 a.m. to 6:00 p.m. Mayor Johnson called a recess at 7:28 p.m. and reconvened the meeting at 1:10 a.m. AGENDA CHANGES None. CONSENT CALENDAR Mayor Johnson announced that the Resolution Amending Resolution No. 9460 [paragraph no. 10 -364] was removed from the Consent Calendar for discussion. Vice Mayor deHaan moved approval of the remainder of the Consent Calendar. 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.] ( *10 -355) Minutes of the Special Joint City Council and Public Utilities Board Meeting and Regular City Council Meeting Held on July 6, 2010; and the Special City Council Meeting Held on July 7, 2010. Approved. ( *10 -356) Ratified bills in the amount of $1,852,757.95. ( *10 -357) Recommendation to Award Contract in the Amount of $88,974, Including Regular Meeting Alameda City Council 1 July 20, 2010 Contingencies, to Roto Rooter for Citywide Sewer Mains Video Inspection, Phase 3, No. P.W. 02- 10 -08. Accepted. ( *10 -358) Recommendation to Amend the Consultant Contract in the Amount of $38,682, Including Contingencies, to Noll & Tam for Construction of Administration for the Neighborhood Library Improvement Project, No. P.W. 10- 09 -29. Accepted. ( *10 -359) Recommendation to Adopt Plans and Specifications and Authorize a Call for Bids for the Upgrades to the Northside Storm Drain Pump Station, No. P.W. 02- 10 -06. Accepted. ( *10 -360) Recommendation to Adopt Plans and Specifications and Authorize a Call for Bids for the Repair of Portland Cement Concrete Sidewalk, Curb, Gutter, Driveway, and Minor Street Patching, Fiscal Year 2010 -2011 Phase 11, No. P.W. 06- 10 -14. Accepted. ( *10 -361) Recommendation to Authorize a Request for Proposal to Provide Turnkey Design -Build Services for Photovoltaic (Solar) Generation System, No. P. W. 05- 10 -12. Accepted. ( *10 -362) Resolution No. 14473, "Authorizing the Interim City Manager to Apply for Regional Measure 2 Bridge Toll Funds for the Operating Subsidy and Capital Projects for the City of Alameda Ferry Services." Adopted; and ( *10 -362 A) Resolution No. 14474, "Resolution of Intention to Transfer the Alameda /Oakland and Harbor Bay Ferry Services to the San Francisco Bay Area Water Emergency Transportation Authority." Adopted. ( *10 -363) Resolution No. 14475, "Authorizing the Public Works Director to Submit Grant Applications to the California Department of Resources and Recovery, Formerly the Integrated Waste Management Board, for All Available Grants Under the California Oil Recycling Enhancement Act for the Period of July 1, 2010 Through June 30, 2015." Adopted. (10 -364) Resolution No. 14476, "Amending Resolution No. 9460 to Reflect Current Positions and Entities to be Included in the City of Alameda's Conflict of Interest Code and Rescinding Resolution No. 14400." Adopted. Councilmember Gilmore inquired whether new positions have been added or deleted. The City Attorney responded the Conflict of Interest Code is reviewed periodically; stated staff requests each department, including departments that represent various boards and commissions, to review the Conflict of Interest [designated positions]. Councilmember Gilmore inquired whether changes could be related to employees, and new or deleted boards or commissions. Regular Meeting Alameda City Council 2 July 20, 2010 The City Attorney responded in the affirmative; stated changes could have been made to an employee's title. Councilmember Gilmore moved adoption of the resolution. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote — 5. ( *10 -365) Ordinance No. 3019, "Revising the City's Sewer Service Charges." Finally passed. CITY MANAGER COMMUNICATIONS None. REGULAR AGENDA ITEMS (10 -366) Resolution No. 14477, "Approving Proceedings to Refinance Installment Payment Obligations of Alameda Municipal Power, Approving Issuance of Revenue Bonds by the Alameda Public Financing Authority for Such Purposes, and Approving Related Documents and Actions." Adopted. The Alameda Municipal Power (AMP) General Manager and Paul Thimmig, Bond Counsel, gave a brief presentation. Councilmember Tam stated pages 34 and 35 of the Preliminary Official Statement show the ten largest electricity customers count for 21.8% of total sales; commercial revenue for energy sales is almost half of the total generated revenue; inquired whether there is a great sensitivity to what happens with the top ten as it affects commercial revenue. The AMP General Manager responded the rating agencies look at revenue concentration; stated Alameda is considered medium concentration; very few customers contribute a large portion of the revenues; Fitch mitigated the concern by talking about the federal government being one of the highest customers. Councilmember Tam inquired whether sensitivity would be acceptable if MARAD leaves. The AMP General Manager responded in the affirmative; stated AMP did a bottom up risk analysis as part of the financial review over the year; the analysis looked at recourse risks as well as load risk; revenue impacts due to customer loss, aggressive energy efficiency programs, and lost sales has been included the amount of reserves appropriate to hold; reserves accommodate for load loss. Councilmember Gilmore stated page 5 of the Escrow Deposit and Trust Agreement is an indemnification clause and states: "...whether or not any of the transactions Regular Meeting Alameda City Council 3 July 20, 2010 contemplated hereby are consummated "; inquired whether the clause is typical because it appears as though AMP would be indemnifying the bank if the transaction does not go forward. Mr. Thimmig responded the Agreement is a standard Escrow Agreement; stated the document would be signed at the bond closing so the transaction would be moving forward; escrows would be very short and gross funded; enough money would be put in without reinvestment risk to repay the debt; excess money would come back to AMP; one of the two escrows is very sophisticated in that the taxable debt would be floating rate debt; a thirty -day notice would need to be given to bond investors; the taxable rate would be set every week; extra money would need to be put in at the maximum rate; the transaction fee is very little; the indemnity is over encompassing and strong; the City would have very little risk; the Agreement language is customary. Councilmember moved adoption of the resolution. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote — 5. (10 -367) Introduction of Ordinance Amending the Alameda Municipal Code by Amending Subsection 8 -7.11 (Recreational Vehicles, Trailers, and Boat Trailers) of Section 8 -7 (Parking Prohibitions) of Chapter VIII (Traffic, Motor Vehicles and Alternative Transportation Modes). Introduced. Sergeant Lynch gave a brief presentation. Vice Mayor deHaan moved introduction of the ordinance. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote — 5. Councilmember Gilmore requested that Council receive an Off Agenda Report on how the permit process is working in six months. Mayor Johnson inquired how people would get a permit. Sergeant Lynch responded permits would be issued by dispatchers; the permit number would be keyed to the date and would be based on a twenty -four hour clock; officers would be able to call dispatch to see if a vehicle has a permit for a certain date. Mayor Johnson inquired whether people could obtain information on the City's website. Sergeant Lynch responded that he is planning on launching information on the website in addition to a press blitz. ORAL COMMUNICATIONS, NON - AGENDA Regular Meeting Alameda City Council 4 July 20, 2010 None. COUNCIL REFERRALS (10 -368) Consideration of Establishing a Foreign Trade Zone (FTZ) in Alameda. Councilmember Matarrese gave a brief presentation. Speakers: Former Councilmember Karin Lucas, Alameda; and Alex Chen, Alameda. Mayor Johnson stated that she has had the opportunity to learn about free trade zones; renewed interest in foreign trade zones has been due to a significant increase in tariffs on certain items; lower taxes would apply to items assembled in the United States and would create jobs and benefits; that she appreciates Councilmember Matarrese's Council Referral; she thinks Council should move forward on the matter. Vice Mayor deHaan stated the City has run through the exercise once before, but it is time to revisit the matter. Councilmember Matarrese moved approval of giving the Interim City Manager direction to bring a report back on establishing a Foreign Trade Zone. Vice Mayor deHaan seconded the motion, which carried by unanimous voice vote — 5. (10 -369) Consider Suspending the Sunshine Task Force until the District Attorney has Taken Action regarding the Investigatory Reports. Mayor Johnson stated issues have come up regarding, lack of clear Council direction and an unclear understanding regarding tasks and Council expectation; that she is very supportive of the Sunshine Task Force; Council needs to take a step back and give better direction regarding roles and expectations; Council gave direction to not have the Sunshine Task Force come back until after January 2011. Councilmember Gilmore stated the Council Referral is not the same rational that Mayor Johnson is stating; that she is confused; the Council Referral has to do with allegations; Mayor Johnson is discussing Council direction; Council was clear about Council direction the last time the issue came up; the Sunshine Task Force was to do whatever needed to be done and report back to Council. Mayor Johnson stated events have occurred that make her think Council needs to step back and give more thought on how Council wants the Sunshine Task Force to proceed and whether Council wants the same Sunshine Task Force or wants things done differently; issues could be discussed in more detail if the matter is brought back to Council. Regular Meeting Alameda City Council 5 July 20, 2010 Councilmember Gilmore inquired what events Mayor Johnson is referring to; further inquire whether Mayor Johnson is referring to the email received from Ms. Lipow and the testimony given at the last meeting or whether Mayor Johnson is referring to something else. Mayor Johnson responded that she is referring to the information that one of the Sunshine Task Force members received; stated the whole Sunshine Task Force needs to be revisited by Council and not for any specific reason; clearer direction is needed before the Sunshine Task Force is sent off to do their job. Vice Mayor deHaan stated one task referred back to the Sunshine Task Force has been campaign reform; campaign reform was not to be finalized until January 2011. Councilmember Gilmore stated campaign reform could be finalized before January 2011 but would not go into effect into January 2011. Vice Mayor deHaan stated mixed signals were received regarding having three meetings; Council needs to be more specific on directions; the Sunshine Task Force could be suspended until issues have a better feel; that he is not against referring the matter to the Interim City Manager or taking action. Speakers: Jon Spangler, Alameda; Ann Spanier, League of Women Voters; and William Smith, Alameda. Mayor Johnson stated the Sunshine Task Force needs to be beyond question regarding open government, accountability, and ethics; because of current events, Council cannot say to the public that the Sunshine Task Force has met said standards and there is reason to suspend the Sunshine Task Force and reconvene the Sunshine Task Force after Council discussion. Councilmember Matarrese stated Council can act appropriately when the District Attorney's investigation is completed; the Sunshine Task Force will not be meeting until September; Council can agendize direction, composition, and mission at a future meeting; there is no risk now because there is no meeting [until September]; the Sunshine Task Force is an advisory body that would make recommendations; Mr. Smith brought up a good point regarding how email is used; that he would not support suspending activity because the Sunshine Task Force is self- suspended; he would welcome additional discussion to clarify the Sunshine Task Force's role. The City Attorney stated the City has an email policy which states that City email has no privacy expectation; City email is to be used for City purposes; the email policy has been fairly long standing; every employee and official signs a receipt of the policy; that she sent a written request to John Knox White requesting the return of the confidential Closed Session packet comprised of 698,000 bites of information that clearly shows that Councilmember Tam forwarded information to Mr. Knox White; that she has not received any response. Regular Meeting Alameda City Council 6 July 20, 2010 Mayor Johnson inquired whether Mr. Knox White would be complying with the request. Mr. Knox White responded that he received the City Attorney's request last week; stated that his attorney would be sending a response tomorrow; that he would not comply with the request given that the investigation is open; however, he wants to state for the record that he believes Councilmember Tam inadvertently sent the email to him; the email was never read; Councilmember Tam also sent the public agenda; that he will maintain confidentiality until the District Attorney's investigation is finished. The City Attorney inquired whether Mr. Knox White admits that he is in receipt of the email, to which Mr. Knox White responded in the affirmative. The City Attorney inquired whether it did not occur to Mr. Knox White to call the City or advise the City Attorney that the email was received inadvertently and inquire what to do with the email although the email was clearly marked "Attorney- Client Privileged ". Mr. Knox White responded that he is not in the position to discuss the matter right now. Mayor Johnson stated issues need to be resolved before any future Sunshine Task Force meetings; Council needs to have a discussion on the matter. Vice Mayor deHaan stated that he prefers to suspend the Sunshine Task Force until January 2011. Councilmember Gilmore stated the recommendation seems to be backwards; suspending the Sunshine Task Force before the District Attorney acts and makes findings is exactly the opposite of Sunshine principles and justice; Council should wait and let the District Attorney speak on the matter; the Country has been built on the principles of innocent until proven guilty; the Council Referral indicates that a Sunshine Task Force member is guilty; the individual has not been charged with anything; everyone at some point in time has been a passive recipient of emails. Mayor Johnson stated that she is not saying the Mr. Knox White is guilty of anything, but is saying that the issue casts a shadow over the Sunshine Task Force's credibility because of events that have occurred; the investigative report notes that Mr. Knox White received an email that he was not a passive recipient of; conduct has been questionable; people believe receiving and sending the email is wrong. Councilmember Gilmore inquired whether Council would be receiving a Council Referral regarding campaign reform because the Sunshine Task Force is suspended. Mayor Johnson responded that she does not know why a Councilmember would request a Council Referral on campaign reform. Vice Mayor deHaan stated that he reserves the right to ask Councilmembers if Regular Meeting Alameda City Council 7 July 20, 2010 contributions over $250 have been received; Councilmembers would have the option to answer or not. Councilmember Tam read the following statement for the record: the bottom line is that she has done nothing wrong; make no mistake — these letters are from a hired gun lawyer, and the Mayor and the Interim City Manager are using the lawyer to try to silence her in her effort to keep Alameda City government open and honest; that her correspondence shows that she has diligently followed up on tough questions posed to the Interim City Manager; correspondence also shows that she has pushed for those important questions to be set on the Council's agenda; apparently some would have preferred that questions go unanswered; that she will not be intimidated in her effort to serve the people of Alameda and looks forward to her name being cleared in this investigation; she will submit for the record to the City Clerk the press release she sent regarding her attorney being the contact person; the question she has regarding the Council Referral is when did the City of Alameda become allergic to sunshine and open and honest government; when did every conversation and email between the City's partners, the community, the hard working women and men of the fire department, or upstanding members of the Sunshine Task Fore become suspect; the public should know this; suspending the Sunshine Task Force when just given an assignment is totally inconsistent with Council direction; that she does not support the Council Referral for obvious reasons. Mayor Johnson stated that she does not think getting into discussions regarding the investigative report is appropriate; her intent is not to make Alameda government less open; issues cannot be confused regarding releasing confidential, attorney - client documents to parties that the City is in negotiations with and making the information available to the public. Councilmember Tam stated said allegation is with no basis or fact. Mayor Johnson stated Councilmember Tam has indicated that there is intent on her part to make Alameda government less transparent, which is not the case; the Sunshine Task Force should be suspended until Council can get rid of the cloud over the Sunshine Task Force. Vice Mayor deHaan inquired whether Council wants to go forward with deferring the Sunshine Task Force until September; that he would suggest deferring the Sunshine Task Force until January, 2011. The Interim City Manager stated a motion is needed; staff has been criticized that tea leaves have not been read correctly; that she wants a clear understanding of Council direction. Councilmember Matarrese stated the matter is nebulous on some level; the Sunshine Task Force would meet in September and Council can make a judgment then. Regular Meeting Alameda City Council 8 July 20, 2010 Councilmember Matarrese moved approval of the Sunshine Task Force holding its September meeting and that the matter returns to Council if anything is raised in response to the investigation. Councilmember Gilmore seconded the motion, which carried by the following voice vote: Ayes: Councilmembers deHaan, Gilmore, Matarrese, and Tam — 4. Noes: Mayor Johnson —1. Vice Mayor deHaan requested feedback on progress made. The Deputy City Manager — Administrative Services stated the Sunshine Task Force had a meeting last week; staff was unable to attend the meeting due to other commitments; the Sunshine Task Force intended to have a workshop on July 17th; but more prep time and publicity was needed and the workshop has been moved to September. Vice Mayor deHaan inquired how much work would be left after the workshop. The Deputy City Manager — Administrative Services responded that she thinks the Sunshine Task Force could rap up in one to two meetings but would not want to make a promise. Vice Mayor deHaan requested feedback on the matter. (10 -370) Discuss /Review City Contributions to 4th of July Parade and Determine, If Necessary, Any Rules Regarding Participation, Signs, Campaigning, etc. Councilmember Gilmore gave a brief presentation. Mayor Johnson stated last minutes issues will always surface; every year the Parade Committee has issues that are a crisis on the morning of the Parade. Councilmember Gilmore stated that she hopes some universal issues could be cut. Councilmember Matarrese moved approval of the referral. Councilmember Tam seconded the motion, which carried by unanimous voice vote — 5. COUNCIL COMMUNICATIONS (10 -371) Consideration of Mayor's nominations for appointment to the Housing Commission, Planning Board, Public Utilities Board, and Oakland Chinatown Advisory Committee. Mayor Johnson nominated Ian Couwenberg for appointment to the Housing Commission and Michael Krueger for appointment to the Oakland Chinatown Advisory Regular Meeting Alameda City Council 9 July 20, 2010 Committee. ADJOURNMENT There being no further business, Mayor Johnson adjourned the meeting at 2:12 a.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council 10 July 20, 2010