2012-05-15 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- -MAY 15,2012- -7:00 P.M.
Mayor Gilmore convened the meeting at 7:25 p.m.
ROLL CALL - Present: Councilmembers Bonta, deHaan, Johnson, Tam and
Mayor Gilmore — 5.
Absent: None.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY & ANNOUNCEMENTS
(12 -226) Proclamation Declaring May 11 through May 20, 2012 as Affordable Housing
Week.
Mayor Gilmore read and presented the proclamation to Doug Biggs, Alameda Point
Collaborative.
Mr. Biggs submitted information to the Council.
(12 -227) Proclamation Declaring May 22, 2012 as Harvey Milk Day.
Mayor Gilmore read and presented the proclamation to Encinal High Gay /Straight
Alliance members: Tina Burgdorf, Kimberly Walter, Sarah Russel, Emma Finn,
Madeline Rose Searle -Bray, Lara Nassar, Wayne Ng, and Brigette Lundy- Paine; and
Alameda High Gay /Straight Alliance members: Caitlin Gleason and Emilie Nachtigall.
(12 -228) Proclamation Declaring the Week of May 19 -25, 2012 as National Safe
Boating Week.
Mayor Gilmore read and presented the proclamation to Coast Guard representatives
Perry E. Joiner, Public Affairs Officer, and Vice Flotilla Commander Chester Bartellini.
ORAL COMMUNICATIONS, NON - AGENDA
None,
CONSENT CALENDAR
Mayor Gilmore announced that the Emergency Police Tow Contract [paragraph no. 12-
231 ] and the Second Amendment to Contract with Clean Lakes, Inc. [paragraph no. 12-
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234] were removed from the Consent Calendar for discussion.
Councilmember Tam moved approval of the remainder of the consent calendar.
Councilmember Johnson seconded the motion, which carried by unanimous voice vote
— 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph
number.]
( *12 -229) Minutes of the Special and Regular City Council Meetings Held on April 17,
2012. Approved.
( *12 -230) Ratified bills in the amount of $3,355,777.28.
(12 -231) Recommendation to Award Emergency Police Tow Contract to Ken Betts
Towing Service.
The Police Chief gave a brief presentation.
In response to Vice Mayor Bonta's inquiry regarding the tow company's location, the
Police Sergeant stated San Leandro Street in Oakland.
Vice Mayor Bonta inquired about the length of the contract, to which the Police
Sergeant responded the contract is for five years.
Vice Mayor Bonta inquired if the contract is the fourth five -year contract, to which the
Police Sergeant responded in the affirmative.
Vice Mayor Bonta inquired if any minimum requirements were set forth by the Request
for Proposals (RFP) regarding subcontracting.
The Police Sergeant responded companies are not allowed to subcontract work.
The Police Chief stated subcontracting was a bone of contention; Ken Betts has never
had to subcontract the towing service and has the equipment available to tow vehicles
up to 60,000 pounds which could be motor homes, big rigs and AC transit busses;
however, AC transit would tow their own vehicles; the police department is responsible
for handling something that Ken Betts Towing Service cannot tow.
Vice Mayor Bonta inquired whether those types of vehicles have been towed in the past
15 years Ken Betts has had the contract, to which the Police Chief responded in the
negative; stated the City does not have that type of vehicle here.
Vice Mayor Bonta inquired what were the main concerns about the other two
companies.
The Police Sergeant responded San Leandro Tow's secondary location would be where
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most of the business would take place; stated the location is 7.4 miles away, which is a
little bit too far; staff did not want to make it inconvenient by sending people further
away [to pick up towed vehicles]; Ted and Joes did not pass on the site visit.
The Police Chief stated security is a big concern; sometimes vehicles have to be
secured for evidentiary reasons; Ken Betts met the requirements; best customer service
and distance are a big concern; having a vehicle towed is painful enough, staff does not
want somebody to have to go seven miles to get their vehicle back.
Vice Mayor Bonta inquired whether San Leandro Tow's site 1.6 miles away is not as
secure as staff would like.
The Police Chief responded in the affirmative; stated the site was a little bit cluttered
and disorganized; the location a little over seven miles was certainty better, but is seven
miles away.
Councilmember Tam stated San Leandro Tow had the highest bid of $425 for the
complicated heavy equipment tows; inquired why the range is so different from Ken
Betts at $199.
The Police Chief stated that he does not know how San Leandro Tow came up with the
fee.
The Assistant City Manager noted San Leandro Tow's prices across the board were at
the top or tied for the top.
Councilmember Johnson inquired how much is spent annually on towing.
The Police Sergeant responded nothing comes out of the General Fund; fees are paid
by owners of the towed vehicle.
Councilmember Johnson inquired whether the contract includes the City's use of tow
service, to which the Police Sergeant responded the use is only for emergencies.
Requested an investigation of her legally parked vehicle that was towed from her
driveway: Dr. Carol Gottstein, Alameda.
Following Ms. Gottstein's comments, the Police Chief stated the vehicle was towed
using A &B Towing, the tow company for abandoned vehicles; that he would discuss the
matter with Ms. Gottstein, if needed.
Councilmember Tam moved approval of the staff recommendation.
Councilmember Johnson seconded the motion, which carried by unanimous voice vote
—5.
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( *12 -232) Recommendation to Appropriate $850,000 in Measure B Funds, $150,000 in
Construction Improvement Tax Funds, $20,000 in Marina Cove Assessment District
Funds, and Award a Contract in the Amount of $2,177,800, Including Contingencies, to
MCK Services, Inc. for Repair and Resurfacing of Certain Streets, Phase 31, No. P.W.
01- 12 -04. Accepted,
( *12 -233) Recommendation to Appropriate $10,000 in Transportation Systems
Management /Transportation Demand Management Funds and Award a contract in the
Amount of $200,000, Including Contingencies, to transMetro, Inc. for the Estuary
Crossing Shuttle Service to Continue Operations. Accepted.
(12 -234) Recommendation to Appropriate $10,000 and Execute a Second Amendment
to Contract with Clean Lakes, Inc. for Vegetation Management, Debris Management,
and Water Quality Monitoring for South Shore Lagoons, No. P.W. 07- 10 -19.
Councilmember Tam recused herself and left the dais.
Vice Mayor Bonta moved approval of the staff recommendation.
Councilmember Johnson seconded the motion, which carried by unanimous voice vote
— 4. [Absent: Councilmember Tam — 1.]
( *12 -235) Recommendation to Accept Staff's Responses to the Regional Sustainable
Communities Strategy — Jobs Housing Connection Scenario. Accepted.
( *12 -236) Resolution No.14674, "Resolution of Intention to Levy an Annual Assessment
on the Park Street Business Association Business Improvement Area of the City of
Alameda for Fiscal Year 2012 -2013 and Set a Public Hearing for June 5, 2012 to Levy
an Annual Assessment on the Park Street Business Association Business Improvement
Area." Adopted.
( *12 -237) Resolution No.14675, "Resolution of Intention to Levy an Annual Assessment
on the West Alameda Business Association Business Improvement Area of the City of
Alameda for Fiscal Year 2012 -2013 and Set a Public Hearing for June 5, 2012 to Levy
an Annual Assessment on the West Alameda Business Association Business
Improvement Area." Adopted.
( *12 -238) Resolution No.14676, "Resolution in Opposition to AB 391 (Pan), a Bill
Related to Electronic Reporting for Secondhand Dealers and Pawnbrokers." Adopted.
( *12 -239) Ordinance No. 3045, "Approving a Lease and Authorizing the City Manager to
Execute Documents Necessary to Implement the Terms of the Lease with Pacific
Shops, Inc. for an Initial Term of 25 Years with a 41 Year Option for the Tidelands
Property Located along Clement Street between Alameda Marina Drive and Willow
Street, Generally Known as Alameda Marina." Finally passed.
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REGULAR AGENDA ITEMS
(12 -240) Public Hearing to Consider Introduction of Ordinance Amending the Alameda
Municipal Code to Revise the Regulations Governing the Location of Massage
Therapists and Associated Uses Including Tattoo in the Community Commercial
District. Introduced.
The Planning Services Manager gave a brief presentation.
Mayor Gilmore inquired whether the ordinance would allow a massage establishment
with a use permit to go into business on Webster Street without being part of another
establishment, to which the Planning Services Manager responded in the affirmative.
Mayor Gilmore inquired whether massage establishments which are part of another
business are allowed.
The Planning Services Manager responded in the affirmative; stated there is a 2% rule
if the other business is allowed by right; for example, a nail salon permitted by right with
no more than 2% of the total floor area devoted to massage is considered an accessory
use and massage is allowed by right.
Vice Mayor Bonta inquired whether massage is allowed on the ground floor on Park
Street currently, to which the Planning Services Manager responded in the negative;
stated an application for free standing massage on Park Street initiated the ordinance
amendment.
In response to Vice Mayor Bonta's comments regarding a business on Park Street,
Councilmember Johnson stated the accessory distinction was false, which is why the
change makes sense.
Urged allowing tattoo parlors on ground floors: Jake Thompson, Inkies Tattoo Studio.
Vice Mayor Bonta inquired about accessibility for second floor tattoo establishments.
The Planning Services Manager stated elevators are a possibility; tattoo establishments
were prohibited before; the business associations want to proceed slowly and carefully;
Webster Street is asking that the regulation be similar to Park Street.
Councilmember Johnson stated massage therapists are allowed with a use permit on
the first floor and are allowed outright on the second floor; tattoo establishments are not
permitted on the first floor but are permitted on the second floor.
Mayor Gilmore stated business have some idea about cliental and pick space based on
need; businesses serving physically disabled people would want to locate in buildings
with elevators.
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Councilmember deHaan inquired whether there is a mechanism to control the number
of [similar] businesses.
The Planning Services Manager responded the issue of quotas is not something that
staff wants to review.
In response to Councilmember deHaan's inquiry, the Planning Services Manager stated
the ordinance would limit the number of applications and possibilities for tattoo parlors
on Webster Street; noted in one year, two applications for tattoo parlors have been
received on Webster Street and one was approved.
Councilmember deHaan stated businesses clustering together becomes concerning.
Councilmember Johnson moved introduction of the ordinance pertaining to massage.
Councilmember Tam seconded the motion.
Under discussion, in response to Councilmember deHaan's inquiry, the Planning
Services Manager stated massage on the ground floor requires a certain amount of
either retail or other activity at the front of the business as a condition of approval.
Expressed that the West Alameda Business Association (WABA) wants the regulations
similar to Park Street to require tattoo parlors on the second floor: Carolyn Lantz,
WABA.
On the call for the question, the motion carried by unanimous voice vote — 5.
Mayor Gilmore stated the proposal for tattoo parlors would make the regulations on both
Park and Webster Streets the same, prohibit tattoo parlors on the ground floor, and
allow tattoo parlor upstairs.
Vice Mayor Bonta moved introduction of the ordinance pertaining to tattoo.
Councilmember Johnson seconded the motion.
Under discussion, Councilmember Johnson inquired whether the Park Street Business
Association (PSBA) thinks not allowing tattoo parlors on the first floor is working well.
Rob Ratto, PSBA, responded the current ordinance is working just fine and he has not
received one complaint since the ordinance went into effect over one year ago.
Councilmember Tam noted not allowing tattoo parlors on the first floor on Park Street
might have caused applications on Webster Street.
Councilmember deHaan left the dais at 8:22 p.m. and returned at 8:25 p.m.
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On the call for the question, the motion carried by unanimous voice vote — 5.
Councilmember Tam left the dais at 8:25 p.m. and returned at 8:26 p.m.
* (12 -241) Resolution No.14677, "Approving the 2012 Alameda County Transportation
Expenditure Plan (TEP) and Requesting the Alameda County Board of Supervisors
Place It on the November 6, 2012 Ballot." Adopted.
The Supervising Civil Engineer gave a brief presentation.
Councilmember deHaan inquired about the number of other cities on board.
Art Dao, Alameda County Transportation Commission (ACTC) Executive Director,
responded 12 cities in the County approved the Countywide 2012 TEP, as well as AC
Transit, BART and the Board of Supervisors.
Vice Mayor Bonta inquired how many cities are left.
Mr. Dao responded two cities are left, Alameda and Berkeley.
In response to Vice Mayor Bonta's inquiry, Mr. Dao stated ACTC will approve the final
TEP on May 26th and ask the Board of Supervisors to put the TEP on the ballot for the
November 2012 election.
Councilmember deHaan requested Mr. Dao give a quick synopsis.
Mr. Dao stated ACTC is asking the City to approve the TEP, which would provide $7.8
billion dollars of transportation infrastructure improvements over the next three decades.
In response to Councilmember deHaan's inquiry regarding the funding mechanism, Mr.
Dao stated the proposal is an extension of the current half cent sales tax and would be
augmented by another half cent to one penny, which would be in perpetuity without
sunset; however, the TEP would be brought to voters every 20 years.
Councilmember Tam stated Mr. Dao gave a presentation at the Planning Board meeting
last night; a number of questions came up; requested clarification on geographic equity
and what allocations are specificity earmarked for Alameda.
Mr. Dao stated the geographic equity does not pertain to the TEP and relates to the
Countywide Transportation Plan, which is a different plan; geographic equity is built in to
the TEP.
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In response to Councilmember Tam's inquiry regarding population split, Mr. Dao stated
the TEP programs and projects are well balanced plan and achieve infrastructure to
accommodate needs as well as geographic equity; 41 % of the population is in the
northern part of the County.
Mayor Gilmore stated Table 2 of the proposed funding has two items: the rapid bus
service at $9 million dollars and the Miller- Sweeny Bridge at $94 million; inquired
whether both are fully funded, to which Art Dao responded in the affirmative.
Mayor Gilmore stated Alameda would receive $103 million dollars if the measure
passes.
Mr. Dao noted the Broadway- Jackson interchange project is included as well.
In response to Mayor Gilmore's inquiry regarding the Broadway- Jackson interchange,
Mr. Dao stated projects are seldomly funded solely with sales tax money; aside from
sales tax money, regional, State and federal discretionary funds can be pursued;
provided an example.
Andy Slivka, Carpenters Union, Alameda County Building Trades Council and Alameda
resident, urged Council to approve the plan and support placing the matter on the ballot.
John Knox White, Planning Board, stated five out of six Planning Board members
support placing the measure on the ballot; expressed concern with only two projects
being approved by the voters and the mechanism for leveraging funds; discussed
Councilmembers serving on regional bodies.
Mayor Gilmore concurred with Mr. Knox White's suggestion to have Council policies
regarding Councilmembers serving on regional bodies.
Jon Spangler, Alameda, stated that he supports the Planning Board motion and urged
supporting placing the measure on the ballot; stated the Plan is already behind the
curve for bike and transit use.
Carol Gottstein, Alameda, expressed skepticism regarding sea level rise and
questioned whether Mr. Knox White's employer works on related projects.
In response to Councilmember deHaan's inquiry about projects, Mr. Dao stated the
Miller- Sweeny Bridge, Park Street Bridge and the High Street Bridge all fall under the
major commute corridor category which has $800 million in funding; ACTC selects
which projects to fund through a biannual capital improvement plan process; corridor
projects could be partially or fully funded.
Ms. Lengyel, ACTC Deputy Director of Policy, Public Affairs and Legislation, stated the
County recognizes the importance of the two bridge projects; the Miller- Sweeny Bridge
is in Tier 1 funding, which is considered to be fully funded; the TEP and the Countywide
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Transportation Plan are interrelated; the project would be funded earlier and more
quickly if the TEP passes in November; there is a commitment in the long range plan to
fully fund the project if the TEP does not pass
In response to Councilmember deHaan's inquiry regarding Park Street and High Street,
Ms. Lengyel said projects are in the Countywide Transportation Plan.
Councilmember Tam stated that she is comfortable after the Transportation
Commission and Planning Board review; moved approval of requesting Alameda
County to place the matter on the November 6, 2012 ballot [adoption of the resolution],
with suggestions from the Planning Board, which ask staff to help Councilmembers
serving on regional boards develop policy to help guide issues regarding cost oversight
as well as sustainability and looking at transportation projects that reduce green house
gas emissions.
Vice Mayor Bonta stated that he would not second a motion that has conditions, unless
the conditions are suggestions for the future.
Councilmember Johnson suggested two separate motions.
Councilmember Tam moved approval of Council asking the Board of Supervisors to
place the matter on the November 6, 2012 ballot [adoption of the resolution].
Vice Mayor Bonta seconded the motion, which carried by unanimous voice vote — 5.
Mayor Gilmore stated staff should be directed to come up with internal policy to guide
Councilmembers sitting on regional boards, not only for greenhouse gasses, but also
sea level rise.
In response to Councilmember deHaan's inquiry, Councilmember Tam stated the
suggestions are embodied in the Planning Board motion last night; the issues include
sea level rise and transportation projects that reduce greenhouse gas emission and
come from Community Action for a Sustainable Alameda (CASA); budget oversight
concerns might not involve the Planning Board or Transportation Commission.
Mayor Gilmore stated Councilmembers serving on regional boards should have
guidance from the entire Council as to the City's position; that she would like to be able
to serve and have the force of the Council behind her.
Councilmember Tam stated regional equity and geographic equity are the type of issues
representatives should advocate.
Councilmember Johnson stated the matter should be placed on agenda for discussion.
The Public Works Director stated staff can work with the Planning Board on the internal
policy for the regional boards for greenhouse effects, sea level rise, cost overruns, and
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geographic equity and may even identify some others; then, the matter would be
brought to Council.
Councilmember Johnson stated that she opposes using a population basis for allocating
funding.
The Public Works Director stated Planning Board Member Knox White has indicated
there is urgency to get something to ACTC on geographic equity.
In response to Councilmember Johnson's inquiry, the Public Works Director stated
Planning Board Member Knox White suggested sending a letter to ACTC regarding a
geographic equity goal; staff could address said issue and craft a letter to ACTC for the
City Manager's signature.
Councilmember Johnson moved approval of the matters discussed [establishing
policies for Councilmembers serving on regional boards and directing staff to draft a
letter to ACTC].
Councilmember Tam seconded the motion.
Mayor Gilmore requested the letter be reviewed by Vice Mayor Bonta.
On the call for the question, the motion carried by unanimous voice vote — 5.
(12 -242) Recommendation to Authorize the City Manager to Enter into Negotiations with
KemperSports for the Long -Term Operation of the Chuck Corica Golf Complex.
The City Manager and former Recreation and Parks Director gave a brief presentation.
Mayor Gilmore expressed concern over assurances regarding financial capability.
The City Manager provided information on both companies.
In response to Mayor Gilmore's further comments, the City Manager stated that that he
does not see a problem [with either company]; the opportunity for delay and controversy
led staff, on a close call, to select KemperSports.
Councilmember deHaan inquired about KemperSports creating a buffer, to which the
City Manager responded the City is not at that level of negotiations yet; noted the lease
would come to Council for a vote.
Councilmember Johnson inquired about the structure of Greenway Golf Golf's
partnership.
The former Recreation and Parks Director stated Greenway Golf will bring in outside
investors for part of the funding.
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In response to Councilmember Johnson's inquiry about Greenway Golf's partners, the
former Recreation and Parks Director stated the three main partners are George Kelley,
Ken Campbell and Marc Logan.
The City Manager noted Greenway Golf is a corporation.
Vice Mayor Bonta inquired whether staff interprets Greenway Golf partnering with
outside investors as a sign of financial weakness, to which the former Recreation and
Parks Director responded in the negative.
In response to Councilmember Tam's inquiry, David Sams, Golf Consultant, reviewed
Exhibit 3 from the staff report.
In response to Councilmember deHaan's inquiry regarding improvements, Mr. Sams
outlined both plans.
Councilmember deHaan inquired whether tree changes have been analyzed, to which
Mr. Sams responded in the negative.
In response to Councilmember deHaan's inquiry regarding trees, George Kelley and
Marc Logan, Greenway Golf Golf, responded about 15 to 18 small trees would be
impacted.
Councilmember deHaan inquired whether the trees were memorial trees, to which Mr.
Logan responded that he did not have said information.
Councilmember deHaan inquired about the amount the trees that would remain in
place, to which Mr. Logan stated around 90 %.
In response to Councilmember deHaan's inquiries, Mr. Logan outlined the style and
look of the proposed course and memorial trees.
Mayor Gilmore requested review of drainage.
Mr. Sams stated [Greenway Golf's proposal for] 800,000 yards would greatly improve
drainage; a slope of 2% is needed for drainage; Monarch Bay did something similar to
KemperSport's proposal to install drain lines; drainage is much better than 11 years ago
and would be a five or a six under KemperSports; Greenway Golf would bring it up to a
nine or a ten.
Councilmember deHaan stated the south course is built on an old dump site; inquired
whether only six holes would be impacted.
The former Recreation and Parks Director responded KemperSports identifies six holes
as having potential problems; KemperSport's proposal calls for a study and areas with
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environmental concerns would be capped with dirt.
Councilmember Johnson inquired whether proposed green fees are known, to which the
former Recreation and Parks Director responded in the negative.
Councilmember Johnson stated the fees could be an issue in the financial projections
and are relevant at this point.
Mr. Sams stated both proposers are very savvy when it comes to marketing in the Bay
Area and are not going to price themselves out of the market place.
Councilmember Johnson stated rates for residents, juniors and school golf programs
have been discussed and should continue similarly.
Mr. Sams stated typically cities keep control of the resident rates and operators
maintain the non - residents rates.
The former Recreation and Parks Director stated staff has heard the desire to protect
resident and senior rates and high school teams access, which can be addressed in the
lease.
Councilmember Tam requested information about bringing in dirt and what triggers a
California Environmental Quality Act (CEQA) analysis and Environmental Impact Report
(EIR).
Mr. Logan stated outlined Greenway Golf's proposal.
Councilmember Johnson inquired whether there would be 180 trucks per day for 26
weeks, to which Mr. Logan responded in the affirmative.
Councilmember Johnson inquired if it would be for seven days a week or five days a
week, to which Mr. Logan responded trucks would be working 5.5 days a week.
Councilmember Tam inquired about the different staff estimate of 500 round trips a day.
The former Recreation and Parks Director responded the original calculations were
based on a 10 yard truck, which is standard; Greenway Golf's calculations were based
on a 30 yard truck, which reduces the number of trips significantly.
The City Manager stated the fewer trucks are heaver trucks; further noted Greenway
Golf's proposal tries to route the trucks in a way that would have minimal impact in
residential areas.
The Planning Services Manager gave a brief review of environmental issues, including
moving soil, the drainage system and the flood plain.
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In response to Councilmember Johnson's inquiry about the amount of time it would take
Greenway Golf to complete an EIR, the Planning Services Manager stated the draft EIR
could be done in six months, which is followed by a 45 -day review period before the
Planning Board and Council make a final decision.
Councilmember deHaan left the dais at 9:54 p.m. and returned at 9:55 p.m.
Expressed support for selecting Greenway Golf Golf: George Humphreys, Alameda;
Bob Wood, Alameda; Mary Anderson, Alameda; Pam Curtis, Alameda; Dorothy Moody,
Alameda; Bobbie Hoepner, Alameda; John Piziali, Alameda; Don Peterson, Alameda;
Chuck Kapelke, Alameda; Robert Sullwold, Alameda; Jon Spangler, Alameda; George
Kelly, Greenway Golf Golf; Mark Massara, San Francisco; Joe Van Winkle, Alameda;
Bill Schmitz, Alameda; Jane Sullwold, Alameda; Rob Salsig, Alameda; John Hasegawa,
Alameda; and Tony Corica, Alameda.
Expressed support for selecting KemperSports: Tim Scates (wife), Alameda, (submitted
information); Connie Wendling, Alameda; former Councilmember Lil Arnerich, Alameda;
Betsy Gammell, Alameda; Norma Arnerich, Alameda; Ray Gaul, Alameda; and Ben
Blake, KemperSports.
(12 -243) Following Mr. Kapelke's comments, Vice Mayor Bonta moved approval of
considering the ordinance establishing a depreciation policy [paragraph no. 12 -246]
after 10:30 p.m.
Councilmember Johnson seconded the motion, which carried by unanimous voice vote
—5.
Vice Mayor Bonta left the dais at 10:31
Councilmember Tam left the dais at 10:31 p.m.
p.m. and returned at 10:32 p.m.
and returned at 10:34 p.m.
(12 -244) Following Ms. Arnerich's comments, Councilmember deHaan moved approval
of continuing past 11:00 p.m.
Councilmember Johnson seconded the motion, which carried by unanimous voice vote
—5.
Councilmember deHaan left the dais at 11:01 p.m. and returned at 11:03 p.m.
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Vice Mayor Bonta inquired whether Mr. Sams indicated Greenway Golf improvements
would make the course a 9 or a 10, to which Mr. Sams responded in the affirmative.
Vice Mayor Bonta inquired whether the scale is a 1 to 10 scale, to which Mr. Sams
responded in the affirmative.
Vice Mayor Bonta inquired what rating KemperSports would be, to which Mr. Sams
responded a 5 or 6.
In response to Vice Mayor Bonta's inquiry, Mr. Sams addressed links style.
Vice Mayor Bonta inquired about a links course usage, to which Mr. Sams stated
whatever happens on the course, with Greenway Golf or KemperSports, play will
increase; more rounds would probably be played on the links style course then the par
course.
Vice Mayor Bonta inquired whether there is a conclusive answer about removal of
memorial trees.
The former Recreation and Parks Director responded staff does not have an exact
number; stated the figure depends on the design.
The City Manager stated that he discussed the matter with Greenway Golf; he is
confident that staff, Greenway Golf and folks who have worked on the memorial tree
program can come to a solution; no one can promise memorial trees will not be moved;
Greenway Golf is aware of the matter and will double its efforts to avoid creating any
controversy.
In response to Vice Mayor Bonta's inquiry about the needs for a financial partner, Mr.
Kelley stated Greenway Golf needs a financial partner; Greenway Golf is a smaller
company, with 12 management contracts and does not have millions of dollars in a
bank account; Greenway Golf convinced a very well qualified investor that the endeavor
is worthwhile, the investor is a very sophisticated Silicon Valley individual with 30 years
experience and says he has never failed.
Councilmember deHaan inquired whether Mr. Kelley would relocate locally.
Mr. Kelly responded in the affirmative; stated moving to the area is the main reason he
wants the contract.
Councilmember deHaan inquired whether Mr. Kelley would be on site during the
renovation period, to which Mr. Kelly responded in the affirmative.
Councilmember deHaan inquired whether the South course should be considered links
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May 15, 2012
style, to which Mr. Kelly responded in the affirmative; stated early articles describe the
South course as being links style; characterized links style; further stated the North
course would never play similarly; there would be two distinctly different styles available.
In response to Councilmember Johnson's inquiry regarding pesticides use reduction,
Mr. Kelley responded that he has not been able to see the current pesticides used;
Greenway Golf's pesticide reduction has been anywhere from 30% to 70 %.
Councilmember Johnson inquired whether Greenway Golf could commit to pesticide
reduction during the negotiation phase.
Mr. Kelly responded in the affirmative; stated Greenway Golf's turf management
program involves less inputs: less water, less pesticide, and less fertilizer; less grass is
grown to reduce input.
Councilmember Johnson inquired whether pesticides reduction is because there is less
grass.
Mr. Kelley responded said reduction is because of less growth, not less grass;
discussed grasses.
Councilmember Johnson inquired whether it would be the same for the North course, to
which Mr. Kelley responded in the affirmative; stated the North course would start
almost immediately; a special machine from Australia introduces kokua grass into the
surface with minimal disruption; explained the process.
In response to Councilmember Johnson's inquiry regarding animal management, Mr.
Kelley stated there is not really a friendly way to deal with animals.
Councilmember Johnson stated that she would prefer not killing unwanted animals;
using natural predators does not bother her; a better way than trapping and euthanizing
should be sought and discussed during negotiations; inquired how the matter is handled
now.
The former Recreation and Parks Director responded dogs are used to deal with the
goose problem; stated there is not an active trapping program.
In response to Councilmember deHaan's inquiry regarding the Mif Albright course, Mr.
Blake stated a new practice area will be built, the greens will be resurfaced, and the
quality will be raised.
Councilmember deHaan inquired how the area would work as a training academy.
Ben Blake, KemperSports, responded the driving range will be significantly improved,
which will help with teaching; there are a series of steps; beginner golfers are taught
how to hit the ball; the first step is to go to the Mif and learn the nuances of the game
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May 15, 2012
and how to get around a course; then, they graduate to the nine hole course.
In response to Councilmember deHaan's inquiry regarding junior golf, John Vest,
KemperSports, stated KemperSports currently works with the junior golf board on
programs; outlined efforts.
Councilmember deHaan inquired whether [playing] capacity could be improved.
Mr. Blake responded there is room; the course is not at full capacity; currently, there is
more capacity on the South course; on Saturdays, the North course is booked from
daybreak until 11 a.m.; a better managed course would bring more play to the South
course.
Councilmember deHaan inquired if the South course is played about 30% less than the
North course, to which Mr. Blake responded in the affirmative.
In response to Mayor Gilmore's inquiry regarding the number of days there is no play
because the course has not drained, the former Recreation and Parks Director stated
probably 2 to 3 days or up to a week, depending on the severity of the storm.
Mayor Gilmore inquired after each episode or each year, to which the former Recreation
and Parks Director responded up to five days might be lost after saturation is reached.
Mayor Gilmore inquired whether Greenway Golf renovations would cause play to come
back faster.
Mr. Sams responded in the affirmative; stated carts would be able to leave the paths
quicker.
Councilmember Johnson inquired whether Greenway Golf's design of the South course
would be walker friendly; noted the PGA is encouraging people to walk golf courses.
Mr. Sams responded even bringing in 800,0000 yards of material, the course will be
pretty flat; stated that he has not seen the design; the distance from the green to the
next tee box cannot be a far distance because of the property size.
Councilmember Johnson stated if Greenway Golf is selected, direction should be given
to ensure people are encouraged to walk.
Councilmember deHaan expressed his appreciation for reaching this point.
Councilmember Johnson stated Greenway Golf would be putting a lot more resources
into the South course; inquired whether projections for play on the North course would
stay as strong.
Mr. Kelley responded the South course would be the preferred course once renovated;
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the renovation plans for the North course will make it excellent as well; Rees Jones is a
big name and will generate national publicity; people coming to the Bay Area from out of
town will have read about a new Rees Jones course in Alameda, will fly into Oakland
Airport and be right there; the South course is going to be more popular, but the North
course is not going to suffer in anyway in terms of popularity, especially with locals.
In response to Councilmember Johnson's inquiry regarding the North course
improvements, Mr. Kelley stated there is going to be new grass and new tees; greens
will be slowly converted to bank grass which is one of Greenway Golf's trademarks;
bunkers will be redone; drainage will be installed; there will be significant improvements.
Councilmember Johnson inquired whether Greenway Golf's intention is to make the
course a walker friendly course, to which Mr. Kelley responded in the affirmative.
Councilmember deHaan moved approval of directing the City Manager to negotiate with
Greenway Golf.
Vice Mayor Bonta seconded the motion.
Councilmember Tam stated the staff recommendation is well designed and tries to
minimize risk; inquired whether the motion is to have the City Manager enter into
negotiations with Greenway Golf for the long term operation of the golf course; however,
should the negotiations fail to yield a lease within 45 days, the City would look at
KemperSports.
Councilmember deHaan responded in the affirmative.
The City Manager clarified the lease would be negotiated within 45 days; the City's 12
day notice period would not count as part of the 45 day period.
Mayor Gilmore stated that she wants thought given on how to hold the company's feet
to the fire once the contract and renovations are done; the City hears complaints from
golfers about maintenance issues not being addressed in a timely fashion; that she
wants thought to be given to addressing said issues going forward; the process has
been really good; the Council reserves the right to make the decision that feels correct
after having thoughtfully listened to the input of both staff and residents.
On the call for the question, the motion carried by unanimous voice vote — 5.
Councilmember deHaan stated staff should set up solid milestones.
Mayor Gilmore called a recess at 11:45 p.m. and reconvened the meeting at 11:51 p.m.
(12 -245) Adoption of Resolution to Accept the Parks /Urban Greening Master Plan. Not
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May 15, 2012
heard.
(12 -246) Introduction of Ordinance Establishing a Depreciation Policy for City Vehicles,
Equipment, and Facilities. Introduced.
The Assistant City Manager and City Manager gave a brief presentation.
Councilmember deHaan inquired whether the ordinance only applies to facilities built or
renovated using Measure C funding, to which the Assistant City Manager responded in
the affirmative.
Councilmember deHaan inquired whether the ordinance would apply to other facilities,
to which the Assistant City Manager responded in the negative.
In response to Councilmember deHaan's inquiry regarding collecting money according
to the life expectancy of equipment, the City Manager stated the policy says equipment
is to be sold and the money set aside is used to replace the equipment.
Councilmember deHaan inquired whether the annual costs have been projected, to
which the Assistant City Manager responded the Police and Fire Chiefs have done
some work on costs.
In response to Councilmember deHaan's inquiry regarding facilities, the City Manager
stated the life has to be determined on a case by case basis; a fire station had a 75 year
useful life; long term leases run 66 years.
Councilmember deHaan inquired whether routine maintenance is included, to which the
Assistant City Manager responded for facilities, not for vehicles.
In response to Councilmember Tam's inquiry regarding resale value and replacement of
a fire engine, the Assistant City Manager responded decisions are made on a case by
case basis; most recently, apparatus have be leased because it made the most financial
sense.
Jon Spangler, Alameda, questioned why the City is not adopting the policy citywide,
independent of Measure C.
Mayor Gilmore, Councilmembers Tam and Johnson and the City Manager responded
the City cannot afford to do so.
Vice Mayor Bonta inquired whether the policy could apply to new purchases made
without Measure C funds, to which the City Manager responded in the negative; stated
all new public safety vehicles would be purchased under Measure C.
Councilmember Johnson stated the ordinance cannot apply to everything because a
designated funding source is required.
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Councilmember deHaan noted the City has $3 million set aside for vehicles, which
should last 3 to 4 years.
The City Manager stated staff does not agree with said assessment; the Public Works
fleet alone would use the entire amount; Measure C would keep the bank from
breaking.
The Assistant City Manager reviewed vehicles not covered by Measure C.
The City Manager stated staff could visit expansion if Measure C passes.
Councilmember Johnson stated departments would have to be severely cut to increase
payments to the internal service funds.
Councilmember Tam moved introduction of the ordinance.
Vice Mayor Bonta seconded the motion.
Vice Mayor Bonta inquired whether the depreciation money is from Measure C, to which
the City Manager responded in the negative; stated the money would be from the
General Fund.
Councilmember Johnson inquired whether staff is confident that the City will be able to
keep up with the depreciation coming from the General Fund, to which the City Manager
responded in the affirmative.
On the call for the question, the motion carried by the following voice vote: Ayes:
Councilmembers Bonta, Johnson, Tam and Mayor Gilmore — 4. Abstention:
Councilmember deHaan — 1.
CITY MANAGER COMMUNICATIONS
(12 -247) The City Manager thanked everyone for the excellent process on golf.
ORAL COMMUNICATIONS, NON - AGENDA
(12 -248) Jon Spangler, Alameda, urged Council to consider types on of businesses in
the business districts.
COUNCIL REFERRALS
None.
COUNCIL COMMUNICATIONS
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(12 -249) Councilmember deHaan stated that he would change his vote on the
depreciation ordinance [paragraph no. 12 -246] to an aye with the caveat that it is what
the Council intended to do.
ADJOURNMENT
(12 -250) There being no further business, Mayor Gilmore adjourned the meeting at
12:16 a.m. in memory of Police Officer Dave Ellis and U.S. Army Sergeant Tom
Fogerty.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.
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