2011-07-05 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- -JULY 5. 2011- -7:00 P.M.
Mayor Gilmore convened the meeting at 7:28 p.m.
ROLL CALL - Present: Councilmembers Bonta, deHaan, Johnson, Tam and
Mayor Gilmore — 5.
Absent: None.
AGENDA CHANGES
(11 -348) Mayor Gilmore announced that Resolutions of Appointment [paragraph no. 11-
353] would be heard after Oral Communications [paragraph no. 11 -370].
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY & ANNOUNCEMENTS
(11 -349) Proclamation Recognizing Deputy Fire Chief Mike Fisher Upon His
Retirement.
Mayor Gilmore read and presented the Proclamation to Mike Fisher.
(11 -350) Proclamation declaring July 5th as Alameda South Shore Center Day.
Mayor Gilmore read and presented the Proclamation to Brad Wick, South Shore Center
General Manager.
Councilmember Johnson left the dais at 7:37 p.m. and returned at 7:38 p.m.
ORAL COMMUNICATIONS, NON - AGENDA
(11 -351) Roderick Coleman, Alameda, thanked the Housing Authority Executive
Director and Councilmember deHaan for help with issues he had at the former Naval
Base.
(11 -352) Richard Neveln, Alameda, stated the lights shining on the flag are out and
should be fixed.
Councilmember Johnson stated someone should be in charge of checking the light
bulb.
REGULAR AGENDA ITEM
(11 -353) Resolution No. 14584, "Reappointing Peter Horikoshi as a Member of the Civil
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July 5, 2011
Service Board." Adopted;
(11 -353A) Resolution No. 14585, "Reappointing Linda McHugh as a Member of the Civil
Service Board." Adopted;
(11 -3538) Resolution No. 14586, "Reappointing Susan T. Deutsch as a Member of the
Commission on Disability Issues." Adopted;
(11 -353C) Resolution No. 14587, "Reappointing Steve R. Fort as a Member of the
Commission on Disability Issues." Adopted;
(11 -353D) Resolution No. 14588, "Reappointing Kelly Harp as a Member of the
Commission on Disability Issues." Adopted;
(11 -353E) Resolution No. 14589, "Reappointing Leslie A. Krongold as a Member of the
Commission on Disability Issues." Adopted;
(11 -353F) Resolution No. 14590, "Reappointing Audrey Lord - Hausman as a Member of
the Commission on Disability Issues." Adopted;
(11 -353G) Resolution No. 14591, "Reappointing Cullen L. Jones as a Member of the
Housing Commission." Adopted;
(11 -353H) Resolution No. 14592, "Reappointing Michael E. Hartigan as a Member of
the Library Board." Adopted;
(11 -3531) Resolution No. 14593, "Reappointing Gail Wetzork as a Member of the Library
Board." Adopted;
(11 -353J) Resolution No. 14594, "Reappointing Arthur Autorino as a Member of the
Planning Board." Adopted;
(11 -353K) Resolution No. 14595, "Reappointing Marilyn Ezzy Ashcraft as a Member of
the Planning Board." Adopted;
(11 -353L) Resolution No. 14596, "Reappointing Gregory L. Hamm as a Member of the
Public Utilities Board." Adopted;
(11 -353M) Resolution No. 14597, "Reappointing Lola Brown as a Member of the
Recreation and Park Commission." Adopted;
(11 -353N) Resolution No. 14598, "Reappointing Gina Mariani as a Member of the
Recreation and Park Commission." Adopted;
(11 -3530) Resolution No. 14599, "Reappointing Cathy Nielsen as a Member of the
Social Service Human Relations Board." Adopted;
(11 -353P) Resolution No. 14600, "Reappointing Henry Villareal as a Member of the
Social Service Human Relations Board." Adopted; and
(11 -353Q) Resolution No. 14601, "Reappointing Jeanette Mei as a Member of the
Youth Advisory Commission." Adopted.
Councilmember Tam moved adoption of the resolutions.
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July 5, 2011
Vice Mayor Bonta seconded the motion, which carried by unanimous voice vote — 5.
The City Clerk administered the Oath of Office and presented certificates of
appointment to Mr. Horikoshi, Ms. McHugh, Ms. Deutsch, Mr. Fort, Ms. Krongold, Mr.
Jones, Mr. Wetzork, Mr. Hamm, and Ms. Mariani.
CONSENT CALENDAR
Mayor Gilmore announced that Bills [paragraph no. 11 -355], the Agreement with
Holland + Knight [paragraph no. 11 -356], the Resolution Approving an Agreement with
the California State Coastal Conservancy [paragraph no. 11- 362], and the Resolution
Authorizing the City Manager to Close City Hall on Fridays [paragraph no. 11 -366], were
removed from the Consent Calendar for discussion.
Councilmember deHaan moved approval of the remainder of the Consent Calendar.
Councilmember Tam seconded the motion, which carried by unanimous voice vote — 5.
[Items so enacted or adopted are indicated by an asterisk preceding the paragraph
number.]
( *11 -354) Minutes of the Special and Regular City Council Meetings and Special City
Council Meeting held on June 21, 2011. Approved.
(11 -355) Ratified bills in the amount of $3,359,712.50.
Councilmember deHaan stated the amount for consulting services is large; more
information should be provided; questioned whether the $609,719 for PIERS Health is
for the quarter or year.
Councilmember deHaan moved approval of the staff recommendation.
Councilmember Tam seconded the motion, which carried by unanimous voice vote — 5.
(11 -356) Recommendation to Approve an Agreement with Holland + Knight in the
Amount of $144,000 for Federal Legislative Advocacy Services.
The Assistant City Manager gave a brief presentation.
Speaker: Richard Bangert, Alameda.
Councilmember Johnson moved approval of the staff recommendation incorporating Mr.
Bangert's suggestion [incorporating wetlands at Alameda Point to the list of priorities,
specifically the northwest territories and 400 plus acres that the Veterans Administration
would take over and not use for facilities or grounds]; stated Holland + Knight has done
an excellent job for the City; the City would not have received exposure to funding from
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July 5, 2011
the federal government without Holland + Knight's assistance.
Councilmember deHaan stated an additional $4,000 per month was added to the
Contract in January 2011; inquired what type of activity has taken place.
The Assistant City Manager responded staff is working on an Office of Economic
Adjustment grant for planning at Alameda Point; stated the Mayor had some very
productive meetings in January and May; approximately a year and a half ago, Council
supported Congresswoman Jackie Spear's bill on wetlands; unfortunately, the bill did
not go anywhere; when an issue came up with the Federal Drug Administration
regarding closing its office in Alameda approximately two or three years ago, Holland +
Knight was able to prevent the closure; the scope of service changes as thins come up.
Councilmember deHaan stated Alameda Point was specifically considered when the
additional amount was added to the Contract; seconded the motion, which carried by
unanimous voice vote — 5.
The City Manager stated three weeks ago, he had a conference call with Holland +
Knight regarding preparing for his lobby visit in September.
Vice Mayor Bonta inquired whether the Contract amount would not change by adding
the wetlands to the scope, to which the Assistant City Manager responded in the
affirmative.
The City Manager stated needs cannot be predicted in the legislative process; adding
the wetlands would not be a problem.
Councilmember Johnson stated the list is not limited; Holland + Knight watches out for
the City.
Mayor Gilmore stated the City is getting a good value for the money.
( *11 -357) Recommendation to Appropriate $21,484 in Transportation System
Management /Transportation Demand Management Fund (Fund 225) and Award a
Contract in the amount of $204,611, Including Contingencies, to transMetro, Inc. for the
Estuary Crossing Shuttle Service. Accepted.
( *11 -358) Recommendation to Accept the Work of W. R. Forde Associates for the Cyclic
Sewer Replacement Project, Phase 8, No. P.W. 01- 10 -03. Accepted.
( *11 -359) Recommendation to Approve a Consultant Agreement with Pacific Waste
Services, Inc. for Professional Services to Operate and Maintain the Alameda Doolittle
Landfill. Accepted.
( *11 -360) Recommendation to Approve a Consultant Agreement with AMEC for
Professional Services to Complete Semi - Annual Field Monitoring, Sampling, and
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July 5, 2011
Reporting for the Alameda Doolittle Landfill. Accepted.
( *11 -361) Resolution No. 14602, "Authorizing the City Manager to Submit Two Grant
Applications to Caltrans for the Cycle 3 Federal Safe Routes to School Program and
Execute All Necessary Documents." Adopted.
(11 -362) Resolution No. 14603, "Approving an Agreement with the California State
Coastal Conservancy for Funding to Implement Spartina Eradication and Mitigation
Measures and Authorize the City Manager to Execute All Required Documents."
Adopted.
Councilmember deHaan inquired whether treatment would be ongoing.
The City Engineer responded the City and Conservancy have partnered to implement
treatment measures for the past six years; the same Contract has been renewed every
year; the Conservancy wants a new Contract instead of amending the Contract
repeatedly; the Spartina population is down to less than 2 %; funds have been budged
for two years.
Councilmember deHaan stated the staff report notes that the City would provide up to
$30,000 in staff support, which seems disproportionate to $60,000 in grants.
The City Engineer stated the amount is higher than might be needed; however, public
noticing and labor cross checks might be needed.
Councilmember Johnson stated the program is very good; a large portion of the Bay
has been reclaimed through the treatment; the City should continue with treatment and
not stop too early.
Councilmember Tam moved adoption of the resolution.
Councilmember Tam echoed Councilmember Johnson's comments; stated the
Conservancy enables the City to leverage resources.
Vice Mayor Bonta seconded the motion, which carried by unanimous voice vote — 5.
( *11 -363) Resolution No. 14604, "Approving a Revised Executive Management
Compensation Plan for the Period Commencing June 21, 2009 and Ending June 16,
2012." Adopted.
( *11 -364) Resolution No. 14605, "Delegating Authority to the City Manager to Act on
Behalf of the City Council for Employee Benefit Matters Relating to the California State
Association of Counties — Excess Insurance Authority." Adopted.
( *11 -365) Resolution No. 14606, "Authorizing an Open Market Purchase Pursuant to
Section 3 -15 of the Alameda City Charter for the Purchase of Three Parking
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July 5, 2011
Enforcement Vehicles." Adopted.
(11 -366) Resolution No. 14607, "Authorizing the City Manager to Close City Hall and
Other City Administrative Offices on Fridays." Adopted.
The Assistant City Manager gave a brief presentation.
Speaker: Robb Ratto, Park Street Business Association.
Councilmember Tam stated Friday closures could be in perpetuity; the City went to a
thirty -six hour, four -day workweek for a lot of employees, which has never been
reversed and may never be reversed.
The City Manager stated nothing would be permanent; the four day workweek has been
the standard for twenty years; no one knows where the City will be in two or three years
and whether the four day workweek will still exist; that he believes a real savings would
exist by having everyone on the same four day workweek; having an organization fully
staffed three days a week is foolish.
Councilmember Tam stated that she is more concerned with the thirty -six hour
workweek; the City might not get back to a forty -hour workweek.
The Assistant City Manager stated the issue could be raised during labor negotiations;
staff decided to forego raises in favor of the shorter workweek [20 years ago].
Councilmember Johnson stated that she prefers a five -day workweek; she would not
support the Friday closure if better public service were not provided.
Vice Mayor Bonta stated the proposed Friday closure seems practical and sensible;
however, Friday closure would not be crystallized forever and is the best approach
under the current circumstances.
Councilmember deHaan stated that he prefers a five day workweek; the Friday closure
would provide a savings because of part -time staffing; the five day workweek option
should not be taken away; six of the thirteen holidays fall on a Monday; service would
be three days per week during a holiday week; that he recommends having the four day
workweek be from Tuesday through Friday; that he would like to have further discussion
on the matter.
Councilmember Johnson stated the matter has been discussed a number of times over
a long period of time; language could be added to the resolution stating that the intent
would not be to further support the four day workweek.
Councilmember deHaan inquired how many employees are already on a four -day
workweek.
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July 5, 2011
The Assistant City Manager responded that she does not have an exact number; stated
the vast majority of Management Confidential Employees Association members are on
a four day workweek; some Alameda City Employees Association members are on a
five day workweek schedule.
Councilmember deHaan suggested having the matter come back to Council for review
in six months.
Councilmember Johnson stated the public hardly ever comes to City Hall on Fridays;
closing City Hall on Mondays would seem like a three -day workweek.
Councilmember Johnson moved adoption of the resolution with the caveat of adding a
statement that the intent is not to re- affirm or strengthen the four days, thirty- six -hour
workweek concept.
Councilmember Tam stated that she is comfortable with adding said language; staff
intends to have significant public outreach before September 9th.
Mayor Gilmore suggested checking on the matter in a year, not six months.
The Assistant City Manager stated the matter could be reviewed as part of the budget
next year.
Councilmember Johnson's motion was amended to include Mayor Gilmore's suggestion
that the matter come back for review in six months.
Vice Mayor Bonta seconded the motion, which carried by unanimous voice vote — 5.
( *11 -367) Introduction of Ordinance Amending Sections 2 -1.1 and 2 -1.5 of Article I (The
City Council and Meetings of the City Council) of Chapter II (Administration) to Modify
the Meeting Time and Deadline for Submission of Matters. Introduced.
REGULAR AGENDA ITEM
(11 -368) Public Hearing to Consider Resolution No. 14608, "Approving Tentative Parcel
Map 10006 (File No. PLN11 -0077) at 2601 to 2901 Harbor Bay Parkway." Adopted.
The Planning Services Manager gave a brief presentation.
Councilmember deHaan inquired how much SRM Associates paid per acre, to which
Joe Ernst, SRM Associates, responded that he would provide information.
Councilmember Tam moved adoption of the resolution.
Councilmember Johnson seconded the motion, which carried by unanimous voice vote
—5.
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July 5, 2011
CITY MANAGER COMMUNICATIONS
(11 -369) Operational Update on the Fire Department's Water Rescue, Commercial
Inspection, and Senior Safety Programs
The Fire Division Chief gave a brief presentation.
Councilmember Tam inquired how long it would take to get the 14 -foot inflatable boat
ready and deployable.
The Fire Division Chief responded the boat is on a trailer and permanently attached to a
tow vehicle; stated the boat would have a fifteen - minute response time anywhere in
Alameda.
Councilmember Tam stated past discussions have involved marinas providing the Fire
Department with access to a berth; inquired whether future inflatable boats could be
stationed near houseboat areas.
The Fire Division Chief responded previously, the Fire Department had rigid hull
inflatable boats in addition to the fireboat; having inflatable boats near houseboat areas
would be a great idea as the budget allows.
Councilmember deHaan inquired how much the 14 -foot inflatable boat cost, to which
the Fire Division Chief responded $13,000.
Councilmember deHaan inquired whether the Fire Department would consider
purchasing additional boats, to which the Fire Division Chief responded in the
affirmative, if resources allow.
The City Manager stated the 14 -foot inflatable boat was purchased on his authority
within existing budget allocations; purchasing additional boats would be difficult
considering the budget that was just passed; Councilmember deHaan is working with
the Interim Fire Chief on a donation of another boat.
Vice Mayor Bonta thanked staff for moving the programs forward; stated the approach
to the Senior Safety Program is a great; inquired whether the inflatable boat has wheels
that would allow a fire fighter to pull the boat down to the shoreline, to which the Fire
Division Chief responded in the affirmative.
Vice Mayor Bonta inquired how many inflatable boats would be optimal and at what
locations.
The Fire Division Chief responded that he would have to defer to the Water Rescue
Program Committee.
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July 5, 2011
The City Manager stated staff could come back with an answer in sixty days when the
possible donation of a second boat would be known.
Councilmember Johnson stated the Coast Guard and the East Bay Regional Park
District are other resources; additional resources should be identified.
Councilmember Tam stated the [Fire Department] General Operations Bulletin, which
addresses water rescue operations, requires periodic training exercises involving the
Coast Guard, Police Department, and other agencies; that she is not concerned with
buying a boat, but is concerned with maintenance; the last boat ended up dry docked.
The Fire Division Chief noted the last boat was built in 1974 and was purchased for $1
from the Coast Guard.
Councilmember deHaan inquired whether a Zodiac type boat has been available to the
Fire Department in the past.
The Fire Division Chief responded the Fire Department had a rigid hull inflatable boat;
stated recently, a 24 -foot boat has been decommissioned; the boat was very time
consuming.
Speaker: Jon Spangler, Alameda.
The City Manager stated staff has retained the services of retired State Fire Marshall
Ruben Grijalva to conduct a formal, independent review regarding facts and
circumstances of the Crown Memorial Beach incident; the Crown Memorial Beach issue
implicates both Police and Fire service; Chief Grijalva is the only person in the history of
California to hold the job of State Fire Marshall and Director of California Department of
Forestry and Fire; Chief Mr. Grijalva's credentials are impeccable; some people believe
that a citizen commission should be formed; such a commission is not a recipe for
discovering the truth but is a recipe for grand standing, politics, and a series of facts that
may be facts or may support pre- existing conclusions about direction the City should
take; the City is taking the approach to hire the most qualified person available; the
marching orders are to conduct a review of how Alameda got to Crown Memorial Beach
that day and to look at the history; having a set of common facts is important; the report
will include a minute by minute chronology of what took place on Memorial Day; a report
will be prepared examining the steps that have been taken since Memorial Day and to
advise about potential weaknesses; the investigation will not be a determination
whether or not Alameda needs to have its own water rescue capacity; a decision has
already been made in the affirmative; the public will have at least twelve days to
examine the public report; the report will be online and in the Council packet twelve
days prior to the Council meeting; Chief Grijalva will be in a position to react to public
comment; the selection process has involved speaking to people in various
organizations, the Oakland fire service, online research, and a personal interview; Chief
Grijalva will be paid $195 per hour; Chief Grijalva estimates the report will take 100
hours; that he thinks the report will take longer in order to produce a detailed document;
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July 5, 2011
he is confident Chief Grijalva will do a great job.
Mayor Gilmore thanked the City Manager for the chronology.
Councilmember deHaan stated incident reports have been done in the past; that he is
glad that everyone will be given the opportunity to review the matter; now is the time for
reflection, which is called a stand down in the military; all safety and labor operations
are reviewed in a stand down; a through review is needed to provide opportunities to
improve all aspects of the Fire and Police Departments; Chief Grijalva would bring all
information to the table, but action might be needed afterwards.
ORAL COMMUNICATIONS, NON - AGENDA
None.
COUNCIL REFERRALS
None.
COUNCIL COMMUNICATIONS
(11 -370) Consideration of Mayor's Appointment to the Rent Review Advisory
Committee.
Mayor Gilmore appointed Natascha H. Fraser.
(11 -371) Councilmember deHaan stated that he attended the Associated Community
Action program (ACAP) Board Meeting last Thursday; closure has been extended to
September; Alameda County has audited the books; the audit should be made public in
three to four weeks; action was taken to obtain legal support for a lawsuit submitted by
the Executive Director, any legal action would cost more money.
Councilmember Johnson inquired whether County liability is still being investigated, to
which Councilmember deHaan responded the audit would provide more clarification.
ADJOURNMENT
There being no further business, Mayor Gilmore adjourned the meeting at 8:52 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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