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2010-12-07 Regular MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- - DECEMBER 7. 2010- -7:00 P.M. Mayor Johnson convened the meeting at 7:35 p.m. ROLL CALL - Present: Councilmembers deHaan, Gilmore, Matarrese, Tam and Mayor Johnson — 5. Absent: None. AGENDA CHANGES (10 -571) Mayor Johnson announced that the City Manager communication on Renovations to "Jim's on the Course" [paragraph no. 10 -587] would not be heard. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY & ANNOUNCEMENTS None. CONSENT CALENDAR Mayor Johnson announced that the Fifth Amendment to the Agreement with Protection One [paragraph no. 10 -579] was removed from the Consent Calendar for discussion. Councilmember Matarrese 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.] ( *10 -572) Minutes of the Regular City Council Meeting held on November 16, 2010. Approved. ( *10 -573) Ratified bills in the amount of $3,111,211.77. ( *10 -574) Recommendation to Accept the Police and Fire Services Fee Report. Accepted. ( *10 -575) Recommendation to Accept the Special Tax and Local Bond Measure Annual Report. Accepted. ( *10 -576) Recommendation to Conduct the Affordable Housing Ordinance Annual Review Consistent with Section 27 -1 of the Alameda Municipal Code and California Government Section 66001 and Accept the Annual Report. Accepted. ( *10 -577) Recommendation to Authorize the Interim City Manager to Execute an Regular Meeting Alameda City Council 1 December 7, 2010 Agreement Between the City of Alameda and Advanced Data Processing, Inc., dba Intermedix, for Ambulance Billing. Accepted. ( *10 -578) Recommendation to Approve Sublease Agreement with Malayasian Restaurant Group LLC for 1363 Park Street. Accepted. (10 -579) Recommendation to Approve a Fifth Amendment to the Agreement in the Amount of $37,500, Including Contingencies, with Protection One for the Maintenance, Monitoring, and Installation of Alarm Systems on an On -Call, As Needed Basis Pursuant to Section 2- 59.3(b) of the Alameda Municipal Code. Councilmember Gilmore stated the staff report notes that the Recreation and Park main office is on Alameda Avenue; inquired whether the Meyers House is located on Alameda Avenue, not the Recreation and Park main office. The Maintenance Superintendent responded in the affirmative; stated the address would be corrected. Councilmember Gilmore moved approval of the staff recommendation. Councilmember Tam seconded the motion, which carried by unanimous voice vote — 5. ( *10 -580) Recommendation to Award a Contract in the Amount of $400,000 to Valley Oil Company for the Annual Fuel Delivery, No. P.W. 09- 10 -22. Accepted. ( *10 -581) Resolution No. 14511, "Reappointing T. David Edwards as Trustee of the Alameda County Abatement District." Adopted. ( *10 -582) Resolution No. 14512, "Amending Resolution No. 14044 to Update Signing Authority for Local Agency Investment Fund." Adopted. ( *10 -583) Resolution No. 14513, "Setting the 2011 Regular City Council Meeting Dates." Adopted. ( *10 -584) Resolution No. 14514, "Declaring Canvass of Returns and Results of the Consolidated General Municipal Election Held on Tuesday, November 2, 2010." Adopted. ( *10 -585) Ordinance No. 3025, "Amending Municipal Code Section 30 -4.9a (Community Commercial Zone) to Amend the Lists of Permitted and Conditionally Permitted Uses." Finally passed. CITY MANAGER COMMUNICATIONS (10 -586) Alameda Municipal Power's Governor's Environmental and Economic Leadership Award Presentation Regular Meeting Alameda City Council 2 December 7, 2010 The Alameda Municipal Power General Manager gave a brief presentation and provided handouts. (10 -587) Renovations to "Jim's on the Course" at the Chuck Corica Golf Complex Not heard. REGULAR AGENDA ITEMS (10 -588) Resolution No. 14515, "Appointing Tom Jasper as a Member of the Historic Advisory Board." Adopted; (10 -588 A) Resolution No. 14516, "Reappointing Judith Lynch as a Member of the Historic Advisory Board." Adopted; (10 -588 B) Resolution No. 14517, "Appointing Stuart Rickard as a Member of the Housing Commission." Adopted; (10 -588 C) Resolution No. 14518, "Reappointing Bill Delaney as a Member of the Recreation and Park Commission." Adopted; (10 -588 D) Resolution No. 14519, "Reappointing Joseph Restagno as a Member of the Recreation and Park Commission." Adopted; (10 -588 E) Resolution No. 14520, "Reappointing Bill Sonneman as a Member of the Recreation and Park Commission." Adopted; (10 -588 F) Resolution No. 14521, "Appointing Kirsten Zazo as a Member of the Transportation Commission (Alameda Unified School District Representative)." Adopted; (10 -588 G) Resolution No. 14522, "Appointing Carrie Huang as a Member of the Youth Advisory Commission." Adopted; (10 -588 H) Resolution No. 14523, "Appointing Amanda Khoo as a Member of the Youth Advisory Commission." Adopted; (10 -588 1) Resolution No. 14524, "Appointing Danielle McGuinness as a Member of the Youth Advisory Commission." Adopted; (10 -588 J) Resolution No. 14525, "Appointing Mary Orbeta as a Member of the Youth Advisory Commission." Adopted; and (10 -588 K) Resolution No. 14526, "Appointing Leigh Pond as a Member of the Youth Advisory Commission." Adopted. Councilmember Matarrese moved adoption of the resolutions. Vice Mayor deHaan seconded the motion, which carried by unanimous voice vote — 5. Regular Meeting Alameda City Council 3 December 7, 2010 The City Clerk administered the Oath of Office and presented Certificates of Appointment to Mr. Jasper, Mr. Delaney, Ms. Zazo, Ms. Khoo, Ms. McGuinness, Ms. Orbeta and Ms. Pond. (10 -589) Recommendation to Accept the Annual Report for the Public Art Fund as Required by the Public Art Ordinance and Accept a Presentation on a Proposed Update to the Public Art Program. The Deputy City Manager — Development Services gave a Power Point presentation. Councilmember Gilmore inquired how the existing ordinance applied to the Alameda Towne Center renovation; further inquired what has been learned. The Deputy City Manager — Development Services responded that she would look into the matter and report back to Council. Vice Mayor deHaan stated the developer did a lot of work [at Alameda Towne Center]; inquired whether the work was done in conjunction with the City or was part of the development and vision plan. The Deputy City Manager — Development Services responded the developer thought that providing public art is important to urban development; continued the presentation. Mayor Johnson stated the developer did an excellent job with public art and went beyond what is required; that she would like to see stand -alone public art; the definition of public art in the ordinance should be clarified. Councilmember Tam stated the community has a lot of deserving artists and art groups who thought the $73,476 [Public Art Fund balance] would be available for their operating costs; requested an explanation of the fund's restrictions and ordinance requirements. The Deputy City Manager — Development Services stated revenues and funds are to be used for: 1) the acquisition, commission, design, installation, improvement, and maintenance of public art; 2) the acquisition and improvement of real property for the purpose of displaying public art; or 3) other expenses associated with implementation of the Public Art Plan. Councilmember Matarrese moved approval of the staff recommendation. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote — 5. (10 -590) Recommendation to Authorize the Interim City Manager to Negotiate and Execute an Agreement with Alameda County for the Exclusive Provision of Advance Life Support and Ambulance Services by the City of Alameda Fire Department to the Regular Meeting Alameda City Council 4 December 7, 2010 City of Alameda. The Interim Fire Chief gave a brief presentation. Councilmember Matarrese stated the annual amount for participating in the Emergency Medical Services (EMS) District is $857,831; the City has settled the dispute with the County which has been going on for over five years; that he wanted to form a liaison committee between the City and Alameda Hospital because a good portion of fire calls are medical calls; the relationship could result in some mutual savings between the City and Hospital District and could avoid some of the disconnect in protocol. Vice Mayor deHaan requested clarification of the financial impact. The Interim City Manager stated Council gave direction to bring a timeline forward for the two -fold process to annex into the EMS District and move forward with the Proposition 218 vote; in order to meet the deadline this year and comply with the County's letter, $857,000 would need to be appropriated from the General Fund cash balance; in the future, the hope is to have the money come from a parcel fee; the annual fee would be $26.43 for a single residential home; $63.00 for a two to five residential unit; $132.00 for a hotel; $185 for a shopping center; and $395.00 for a large multi - family residential building; the hope is to have fees on the tax roll next year; the matter would come back to Council on January 4 th Vice Mayor deHaan stated Alameda Hospital is moving forward to be a Certified Stroke Center. Councilmember Tam moved approval of the staff recommendation. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote — 5. ORAL COMMUNICATIONS, NON - AGENDA (10 -591) Denise Lai, Alameda, discussed oil spills and the Fire Department response. Mayor Johnson inquired whether the Coast Guard regulates having in a single hull craft bring crude oil into Alameda, to which Ms. Lai responded that she does not know. Mayor Johnson requested that staff look into the issue and whether protocols are in place. Vice Mayor deHaan inquired who would be the point of contact for Ms. Lai, to which the Interim City Manager responded the City Manager's office. COUNCIL REFERRALS Regular Meeting Alameda City Council 5 December 7, 2010 (10 -592) Consider Directing the Interim City Manager to Finalize Negotiations for a Lease of the Mif Albright Golf Course for Senior and Youth Play, with Designated Representatives of the Alameda Junior Golf Association (AJGA) and /or Its Working Subcommittee, Consistent with the Spirit of the Tentative Business Term Sheet Dated June 3, 2010; and Authorizing Reserving $100,000 from the Golf Course Enterprise Fund Available Cash Balance to Help Secure the $250,000 Grant Offered by Wadsworth Golf Charities for Capital Improvements to the Mif Albright Golf Course. Vice Mayor deHaan gave a brief presentation. Speakers: Grace Na, Alameda; Coach Burnett; Jane Sullwold, Alameda Golf Commission; Robert Sullwold, Alameda; David Hamilton, Alameda Golf Club and Alameda Commuters; Jon Spangler, Alameda; Norma Arnerich, Alameda Junior Golf; Tony Corica, Alameda; and Gail Van Winkle, Alameda Junior Golf. Mayor Johnson stated at a prior meeting, Wadsworth representatives were asked about contributions; that she thought Wadsworth contributions would not solely be money; representatives described a lot of in -kind contributions and did not commit to certain amount of money; inquired whether contributions would include money or would be all in -kind contributions. The Interim City Manager stated that she was under the impression that contributions would be a combination of in -kind and cash. Mayor Johnson inquired whether there are any updates on the matter. The Recreation and Park Director responded a number of Wadsworth landscape architect, maintenance, and irrigation partners would provide services. Mayor Johnson inquired whether Wadsworth has indicated how much of the contribution would be in -kind and how much would be cash, to which the Recreation and Park Director responded not to him. Vice Mayor deHaan stated the architect partner stated that they would provide in -kind architectural services and there could be more in -kind contributions going forward; the hard cash is $250,000. Mayor Johnson stated that was not stated at the meeting she attended. Vice Mayor deHaan stated Chris Seiwald, Jack London Soccer League President, advocated for swapping the property for soccer fields; at the next meeting, Mr. Seiwald offered a $20,000 matching grant [for soccer] but retracted the offer when he realized how valuable the Golf Course is to youth; Mr. Seiwald then offered the $20,000 for [golf] operations; the Alameda Junior Golf Club came up with matching funds. The Interim City Manager read a quote from a letter from Wadsworth to confirm the Regular Meeting Alameda City Council 6 December 7, 2010 Wadsworth's Golf Charities Foundation interest and commitment to save and improve the Mif Albright 9 -hole par 3: "We will involve a variety of our Across America partners such as Bob Lowman of Lowman Golf Design and Tim Miles of Golf Visions Management Company who were also present at our first meeting so that much needed improvements to the Mif can be completed at a lower cost. Secondly, the Wadsworth Foundation will commit $250,000 to this project; As I stated in the Meeting on May 11tH the Wadsworth Foundation would like the City of Alameda to commit $100,000 to the project "; stated one could conclude that it is a reasonable conclusion that the contribution would be $250,000 plus design, links, and vision management; the letter does not state whether either amount is cash. Mayor Johnson stated Wadsworth's commitment needs to be confirmed. Vice Mayor deHaan stated Wadsworth representatives stated that a half a million dollars would be needed in order to bring the Golf Course up to what Wadsworth thought would be an appropriate standard; Wadsworth representatives stated a $250,000 commitment would be made if the City contributed $100,000; the commitment needs to be nailed down. Mayor Johnson stated Wadsworth representatives described the commitment to be in- kind and did not commit to a certain amount of cash; including the Council's last direction regarding negotiations is important; fiscal sustainability is needed and needs to be considered in the context of the rest of the Golf course; the Interim City Manager needs to advise how negotiations would be impacted on the potential thirty -year lease for the other 36 holes; something could be set in motion that would have an negative impact on the other 36 holes by isolating the 9 holes and then dealing with the other 36 holes; prior Council direction was to look at the 45 holes as a complete complex and not isolate one part and to consider impact on the rest of the Golf Complex. Vice Mayor deHaan stated Council has been extremely dedicated to youth and recently made commitments to the swimming pools and athletic fields, both of which will be a cost to the General Fund; moved approval of directing the Interim City Manager to finalize negotiations for a lease of the Mif Albright Golf Course with Alameda Junior Golf Association. Mayor Johnson stated a few changes need to be made to items 1 and 2 of the Council Referral; Council should direct the Interim City Manager to negotiate for a lease but not finalize negotiations; negotiations should be conducted with the principles of the Alameda Junior Golf Association; the Interim City Manager needs to confirm the Wadsworth commitment; prior Council direction needs to be included regarding fiscal sustainability; the play on the Mif Albright Course is down 21 %; play on the Earl Fry Course is down 12 %; golf has been down consistently for years; swimming pools, and soccer, baseball, and softball fields are under capacity; the Golf Complex needs to be economically sustainability; that she is not prepared to close 9 holes of 36 holes to single out a priority for the Mif Albright Course; the Council Referral should not go forward as presented; the language needs to be adjusted and the Interim City Manager Regular Meeting Alameda City Council 7 December 7, 2010 should be directed to explore the issue; Council insisted that the Alameda Theatre be economically viable and not require an ongoing subsidy; that her goal is to save the Golf Course, not look at the Mif Albright Course in isolation, and see how the other 36 holes would be impacted; seconded the motion with said modifications. Vice Mayor deHaan stated that he does not accept said modifications. Mayor Johnson moved approval of moving forward with the Council Referral with her changes. Councilmember Tam stated Council should congratulate the Alameda Junior Golf Association for exceeding expectations; the issue that seems unclear in her mind is the consistency with Council direction back in March; requested that the City Clerk read the motion; inquired what is the deadline for accepting the grant. The Interim City Manager responded at the all -hands meeting with Wadsworth, she understood Wadsworth's commitment to be a combination of cash and in -kind; stated during a second conference call, further clarification was given with respect to the grant; during a third call, Wadsworth advised that the money would not be in jeopardy but that there has been an incredible interest and activity across the country; that she inquired whether there was a deadline and the Wadsworth representative responded in the negative; staff committed to get back to Wadsworth the next day, but the matter was not discussed at the Council meeting; she advised Wadsworth that she would report back to them tomorrow; some answer should be provided between now and January. Councilmember Tam inquired whether Wadsworth has not provided a drop dead date in which they would retract the grant offer, to which the Interim City Manager responded in the affirmative. The City Clerk read Councilmember Matarrese's motion of the March 16th meeting: "Councilmember Matarrese moved approval of negotiating with both parties with the understanding that components are needed for a par 3, driving range, and two 18 -hole championship courses; stated the starting point would be two 18 -hole courses and looking for financial feasibility; direction is to come back with a business term sheet based on the starting point, incorporating the non - profit aspect for operating the par 3 and working backwards from there." Councilmember Tam stated the motion was approved; inquired whether the Interim City Manager then stated that a term sheet would be provided, to which the City Clerk responded the Interim City Manager stated a term sheet could be provided prior to the motion. Councilmember Tam stated through Councilmember Matarrese's motion, Council gave direction to begin negotiations; the Interim City Manager began negotiations but negotiations did not happen in the timeframe Council had hoped; the Wadsworth Foundation and Alameda Junior Golf Association worked furiously in April, May, and Regular Meeting Alameda City Council 8 December 7, 2010 June to get a business plan by July; inquired whether a companion term -sheet comparison from Kemper Sports would come to Council in January. The Interim City Manager responded Kemper Sports spent almost eight weeks putting detailed information together before meeting with staff; stated five detailed scenarios were prepared; two months were lost. Councilmember Tam stated that she is very supportive of anyone trying to help the City by offering grants and leveraging funds; she wants the project to be very successful; a key piece of information is missing to ensure that the Mif Albright Course does not end up competing with the plan for an executive golf course proposed by Kemper Sports. The Interim City Manager stated one scenario includes an executive course in addition to the Mif Albright Course staying the same; the Referral has two actions: the Mif Albright Course lease and the grant; two different motions could be made if there is concern about possibly losing the grant; reserving the $100,000 would not hurt. Mayor Johnson stated said issues are included in her motion, which includes economic sustainability in context of the entire Golf Complex. Councilmember Matarrese stated that he does not have any problem with the Council Referral; action to implement a contract would come back to Council; reserving the $100,000 to secure $250,000 and other contributions is a good thing; the most important thing to address is what would happen in the context of the larger complex; inquired when staff anticipates bringing the Kemper Sport's proposals to Council. The Interim City Manager responded that she originally planned January but now the first meeting in February. Vice Mayor deHaan stated the grant is offered for the present location and configuration; no one knows what the Wadsworth Foundation would do about location; developing another par 3 could cost another $1 million or more; that he does not think Wadsworth would be willing to change the configuration; he has a gut feeling that the grant could be lost; looking after the Golf Course has been guaranteed for fifteen years. Mayor Johnson stated a particular configuration should not be assumed; a number of options would be discussed in negotiations. Councilmember Gilmore inquired when renovations would start if the Kemper Contract is brought back in February; stated that she assumes construction would start in the spring; pushing construction dates out farther would result in the practical issue of getting something constructed. Mayor Johnson stated the Interim City Manager would need to find out when construction would start. Regular Meeting Alameda City Council 9 December 7, 2010 Ms. Van Winkle stated down time is now. Mayor Johnson suggested setting a special City Council meeting in January; reiterated that her motion is to direct the Interim City Manager to negotiate with the principles of Alameda Junior Golf Association and that the Council Referral include the components of prior Council direction of fiscal, economic sustainability being considered in the context of the rest of the Golf Complex. Councilmember Matarrese seconded the motion. Under discussion, Councilmember Matarrese stated $100,000 would be reserved to secure $250,000; the Interim City Manager would start final negotiations with the principles of the Alameda Junior Golf Association. Councilmember Gilmore inquired whether the motion is to direct the Interim City Manager to finalize negotiations for a lease of the Mif Albright Gold Course for senior and youth play, with principles of the Alameda Junior Golf Association consistent with the spirit of the tentative business term sheet dated June 30, 2010, to which Mayor Johnson responded in the affirmative. Mayor Johnson stated "components of the prior Council direction of economic sustainability as a factor in negotiations and also in the context of the entire Golf Complex" would be added to item 2 of the Council Referral; that she does not want to give direction limited to the Mif Albright Golf Course that could jeopardize the other 36 holes of the Golf Complex. Councilmember Matarrese stated there are practical reasons for considering the context of the entire Golf Complex because of shared facilities such as the Club House, utilities, drainage, and the potential for shared maintenance services. Councilmember Tam inquired whether the Wadsworth Foundation would be informed that the City would accept the grant and reserve $100,000 if the motion passes, to which the Interim City Manager responded in the affirmative. Councilmember Tam stated that she supports the motion. Councilmember Gilmore inquired when there would be closure; outlined the timeline; inquired whether a drop -dead date could be set. Mayor Johnson responded a special City Council meeting needs to be set in January. Councilmember Tam stated that she concurs with Mayor Johnson; inquired whether a special meeting in January could be set to get the Kemper Sports plans. The Interim City Manager responded in the affirmative; stated staff will do everything to meet the deadline and come up with a recommendation; business terms and conditions Regular Meeting Alameda City Council 10 December 7, 2010 would be provided, not a final lease document. Councilmember Gilmore stated that she does not have the sense that Council is requesting a document but wants business terms in the larger context to know whether the Mif Albright Course fits; an executable document is not needed. On the call for the question, the motion carried by unanimous voice vote — 5. [Note: under Council Communications, Vice Mayor deHaan amended his vote to abstain.] COUNCIL COMMUNICATIONS (10 -593) Consideration of Mayor's nominations for appointments to the Housing Commission; Planning Board; Public Art Commission; and Transportation Commission. Mayor Johnson nominated Dorie Lofstrom -Perez to the Housing Commission; Karen Lee to the Public Art Commission; and Thomas Bertken and Jesus Vargas to the Transportation Commission. (10 -594) Vice Mayor deHaan stated that he reconsidered his vote on the Mif Albright Golf Course [paragraph no. 10 -592] and he would abstain. ADJOURNMENT There being no further business, Mayor Johnson adjourned the meeting at 9:40 p.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 11 December 7, 2010