2014-03-18 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- -MARCH 18, 2014- -7:00 P.M.
Mayor Gilmore convened the meeting at 7:13 p.m. Councilmember Tam led the Pledge
of Allegiance.
ROLL CALL - Present: Councilmembers Chen, Daysog, Ezzy Ashcraft, Tam
and Mayor Gilmore – 5.
Absent: None.
AGENDA CHANGES
(14-083) Mayor Gilmore announced that the Alameda County Update [paragraph no.
14-084] would not be heard.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY & ANNOUNCEMENTS
(14-084) Alameda County Update on Upcoming Park Street and High Street Bridge
Construction. Not heard.
ORAL COMMUNICATIONS, NON-AGENDA
(14-085) Jane Sullwold, Alameda, requested a moment of silence be observed in
memory of former Golf Commissioner Ray Gaul.
(14-086) Tim Coffey, Harbor Bay Neighbors, submitted a letter and discussed Ron
Cowan’s decision to withdraw his application to rezone the Harbor Bay Club property for
housing.
CONSENT CALENDAR
Mayor Gilmore announced the Quarterly Sales Tax Report [paragraph no. 14-085] and
the Agreement with Alameda Babe Ruth Baseball League [paragraph no. 14-088] were
removed from the Consent Calendar for discussion.
Vice Mayor Ezzy Ashcraft moved approval of the remainder of the Consent Calendar.
Councilmember Daysog seconded the motion, which carried by unanimous voice vote –
5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph
number.]
(*14-087) Minutes of the Special Meeting held on February 11, 2014 and the Special
and Regular Meetings held on February 18, 2014. Approved.
(*14-088) Ratified bills in the amount of $ 5,217,142.52.
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(14-089) Recommendation to Accept the Quarterly Sales Tax Report for the Period
Ending December 31, 2013 Collected During the Period July to September 30, 2013.
The Finance Director gave a brief presentation.
Councilmember Tam inquired if the high leakage rate of discount department stores will
shrink now that Alameda has a Target, to which the Finance Director responded in the
affirmative; stated Target is a huge plus to reducing leakage and the hope is Alameda
will have more department stores.
Councilmember Tam moved approval of the staff recommendation.
Vice Mayor Ezzy Ashcraft seconded the motion, which carried by unanimous voice vote
– 5.
(*14-090) Recommendation to Accept the Treasury Report for the Quarter Ended
December 31, 2013. Accepted.
(*14-091) Recommendation to Accept the Work of MCK, Inc. for Repair and
Resurfacing of Certain Streets, Phase 32, No. P.W. 11-12-20. Accepted.
(14-092) Recommendation to 1) Authorize the City Manager to Execute an Agreement
with Alameda Babe Ruth Baseball League to Provide the Operations and Maintenance
for the College of Alameda Baseball Field, in an Amount Not to Exceed $150,000; 2)
Approve an Appropriation from the General Fund for the Hardball Field Budget, in an
Amount Not to Exceed $35,000; and 3) Authorize the Transfer of the Hardball Field
Equipment to Alameda Babe Ruth Baseball.
The Recreation Director gave a brief presentation.
The City Manager noted the agreement before the Council tonight will end a 17-year
long dispute between the City and the community college district over water bills.
Councilmember Tam inquired whether the $150,000 the City will pay over the next five
years for the baseball field is in addition to the $124,000 the City is already paying.
The Recreation Director responded in the affirmative; stated the $124,000 annual
budget to maintain the hard ball field includes full time staff, leaving $15,000; the
General Fund would provide a $35,000 supplement to help make the first $50,000
payment; net savings would not happen until year three.
Stated Babe Ruth has a big task to cover costs; that she will seek grants; the quality of
the field allows the City to host tournaments; noted the College will pay for water: Pat
Bail, Babe Ruth Baseball.
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Councilmember Tam moved approval of the staff recommendation.
Councilmember Chen seconded the motion, which carried by unanimous voice vote – 5.
REGULAR AGENDA ITEMS
(14-093) Summary: Approve an Agreement for Various Land Exchanges/Transfers and
to Provide Funding for Encinal High School Pool Renovations among City of Alameda,
Alameda Unified School District and Housing Authority of the City of Alameda.
Recommendation to Approve a Settlement Agreement among the City of Alameda, the
Housing Authority of the City of Alameda, and the Alameda Unified School District
Relating to Certain Real and Personal Property Exchanges at Alameda Point and the
Encinal Terminals Area; Funding of Encinal High School Swimming Pool Renovation;
and Funding for Development of Affordable Housing by the Housing Authority.
(14-093 A) Resolution No. 14902, “Authorizing the City Manager to Negotiate and
Execute Additional Documents as Necessary to Implement the Settlement Agreement.”
Adopted.
(14-093 B) Introduction of Ordinance Conveying Approximately 20 Acres of Property
from the City of Alameda to the City of Alameda Housing Authority at the Former Naval
Air Station Alameda (Alameda Point). Introduced.
The City Attorney and Recreation Director gave a brief presentation.
Vice Mayor Ezzy Ashcraft inquired whether the Housing Authority (HA) using the $4.6
million Housing Asset Funds will be a sufficient safeguard against any State future
attempts to take the funds.
The City Attorney responded in the affirmative; stated having funds utilized by the HA is
acknowledged as legitimate.
Councilmember Chen inquired what will happen with the swimming pool Joint Use
Agreement between the City and AUSD.
The Recreation Director responded the Joint Use Agreement is a separate issue from
tonight’s issue.
Councilmember Tam inquired whether there are restrictions in what AUSD can do with
the Island High site.
The City Attorney responded AUSD is able to do a property exchange and will have
sold the property to the HA; the HA will have rights subject to City zoning.
Urged the Council to support the staff recommendation: Arthur Kurrasch, Housing
Authority Board of Commissioners Chair.
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Expressed concern with transparency; urged additional time be allowed: Patsy Paul,
Alameda.
Discussed the land involved in the transaction; stated there has not been sufficient
transparency: Richard Rutter, Alameda.
Suggested that the Council not vote tonight and a joint meeting be held to respond to
public questions; discussed the different acreage each agency would receive: Trish
Spencer, Alameda.
Stated the agreement is a good deal for the City and athletics in the City; urged
approval: Charles Liuson, Alameda Island Aquatics.
Spoke in support of the proposal, which will provide affordable housing: Darin Lounds,
Housing Consortium of the East Bay.
Submitted a letter; urged approval: Helen Sause, Alameda Home Team.
Expressed his support and urged Council to approve the recommendation: Doug Biggs,
Alameda.
Urged that the School District participate in revenue sharing if and when the Tideland
Trust property is sold: Former Councilmember Doug deHaan, Alameda.
Stated the plan is a win-win-win proposal; expressed support and urged moving
forward: Sam Sause, Alameda.
Submitted a letter; expressed concern over the 20 acres at Alameda Point, which
contains three historic buildings; suggested a condition be added to make the School
District subject to the historic preservation ordinance: Christopher Buckley, Alameda
Architectural Preservation Society.
Urged approval for the swimmers: Maddy Delore, Alameda Island Aquatics.
Urged approval; provided background information: Laura Thomas, Renewed Hope
Housing Advocates.
Applauded staff for working out a win-win agreement; discussed affordable housing:
Lynette Lee, Renewed Hope Housing Advocates and Buena Vista United Methodist
Church.
Expressed support for affordable housing: Joy Chin-Malloy, Alameda.
Expressed concern; urged the process be slowed down; stated the Island High
neighborhood is concerned about the number of units: Melanie Wartenberg, Wedge
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Neighborhood Association.
Stated the Island High neighborhood is mixed use and transitional and should be dealt
with delicately; urged the process be slowed down: Shane McKay, Alameda.
Stated the project is great for affordable housing; the property could be used to step
down from taller adjacent buildings; the project could include a neighborhood garden:
Bill Smith, Renewed Hope Housing Advocates.
Expressed support for affordable housing: Irma Garcia, Alameda.
* * *
Councilmember Chen left the dais at 8:52 p.m. and returned at 8:54 p.m.
* * *
Stated the Alameda Development Corporation supports the staff recommendation;
stated the agreement is a step for future collaborations: Joyce August, Alameda
Development Corporation.
Vice Mayor Ezzy Ashcraft addressed comments from the speakers; stated that she
understands the issues of transitional neighborhoods; there are different perspectives
and negative assumptions made about affordable housing; older units need attention
and are run down due to the moratorium on multiple-family housing, but Alameda has
been building impressive projects lately, including Shinsei Gardens; the HA and AUSD
worked with the City and there is no conspiracy; by law, issues have to be discussed in
closed session; the Council hears the publics’ concerns.
Councilmember Chen stated the settlement agreement is not perfect; the agreement
helps AUSD find funding for pools; the HA has a long wait list of people in need of
affordable housing; the agreement relocates 12 acres to an area more conducive for
building a school; Council listens to speakers concerns and make the best decisions
required to move the City forward.
Councilmember Tam stated that she wanted to address the assumptions made about
closed session discussions; stated the City Attorney’s presentation captured everything
discussed in the closed session; the transaction is complex; the agreement provides a
clean Alameda Point school site adjacent to residential for a walkable and bikeable
community; it protects local funds for local use and protects housing funds that would
have been taken by the State; there were internal debates regarding fixing the pools
with the equipment replacement fund; now funds can be used to finance Fire Station 3;
that she supports the agreement.
Councilmember Daysog thanked the public; stated the Wedge neighborhood is caught
in the crossfire of the deal; the Wedge neighborhood was always a low income
community and received Community Development Block Grant (CDBG) funds; more
young families are bringing up income levels; the Wedge is no longer a low income
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community; the project will stabilize the community; the challenge is for the
neighborhood to help guide the process; residents can help guide design and density.
Vice Mayor Ezzy Ashcraft stated that she supports the recommendation, which is an
excellent example of three agencies working together.
Mayor Gilmore concurred with Councilmember Daysog that Council’s promise to the
swim community set the framework and drove the settlement agreement; other issues
have been around for a long time; the three agencies endured a long process; the
process will include the Planning Board, study sessions, lots of opportunity for public
input; tonight is only one step a very long process.
Vice Mayor Ezzy Ashcraft moved approval of the settlement agreement and adoption of
the resolution.
Councilmember Chen seconded the motion, which carried by unanimous voice vote – 5.
Councilmember Daysog moved introduction of the ordinance.
Councilmember Tam seconded the motion, which carried by the following roll call vote:
Councilmembers Chen: Aye; Daysog: Aye; Ezzy Ashcraft: Aye; Tam: Aye and Mayor
Gilmore: Aye; Ayes – 5. Noes: None.
* * *
Mayor Gilmore called a recess at 9:22 p.m. and reconvened the meeting at 9:43 p.m.
* * *
(14-094) Recommendation to Accept Capital Financing Plan for Fire Station 3.
The Finance Director gave a brief presentation.
Mayor Gilmore inquired whether the $50,000 savings is the lease payment of the house
next door to Fire Station 3, to which the Fire Chief responded in the affirmative; stated
the lease is $4,500 per month, not including other costs.
Mayor Gilmore inquired if the current station needs a new roof, to which the Fire Chief
responded in the affirmative; stated the station is due for quite a few upgrades.
Mayor Gilmore stated there is potential for huge capital improvements to a facility that
may not merit repairs.
Vice Mayor Ezzy Ashcraft inquired what is the entire amount of the equipment
replacement fund and what the funds use.
The Finance Director responded the equipment replacement fund is approximately $3M
and is used for vehicles and specialized equipment, including servers; charges are
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assessed against all departments; the transaction is a benefit due to the low interest
rate of the loan.
Vice Mayor Ezzy Ashcraft inquired whether the liquidity of the equipment replacement
fund is important, to which the Finance Director responded in the affirmative; stated
there should be sufficient reserves in the fund built over time to avoid dramatic hits.
Vice Mayor Ezzy Ashcraft inquired if the equipment replacement fund is allocated from
the City’s budget.
The Finance Director responded charges are assessed to, and tracked by, each
department; stated the fund is citywide.
Councilmember Tam inquired whether the maintenance costs of the new fire station will
be accommodated in the Fire Department budget separately.
The Finance Director responded as part of the two year budget, the City adopts a
Capital Improvement Program (CIP) Facilities Maintenance Fund for maintenance of
City buildings.
Councilmember Lena Tam stated that she would like to see interdepartmental equitable
issues in the future since the equipment replacement fund is intended for use by all City
departments.
Expressed concern about the City going into further debt; questioned why the City
should not continue under the current situation: Jane Sullwold, Alameda.
Councilmember Tam requested the Finance Director discuss prospective obligations,
the City’s capacity for debt, and the timing of financing.
The Finance Director responded the fire station plan was purposely designed to have
minimal impact on the General Fund; the net savings is $250,000 per year; a mid-cycle
update with projected PERS costs and OPEB funding, along with a revised five-year
forecast would be provided to the Council in June.
Mayor Gilmore inquired whether the initial PERS rate would be brought to Council
before a final recommendation.
The Finance Director responded the plan would come in April or May.
The City Manager stated now is the time to engage in a capital project because interest
rates and construction rates are low; there will not be a dramatic impact to the General
Fund; the project should be done concurrent with the Emergency Operations Center
because it involves a lot of the same infrastructure work.
The Finance Director concurred with the City Manager; stated that he attended an
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investment conference which revealed interest rates are at a historic low and will
probably rise next year.
Councilmember Tam requested the Fire Chief to comment on safety issues and the
urgency to build Fire Station 3.
The Fire Chief responded now is the perfect opportunity, stated the station has been
needed for 14 years; the facility is no longer a temporary station; there are Americans
with Disability Act (ADA) issues; the station is not designed to house modern apparatus;
the location is not the safest, fire trucks need to back into the garage which creates
traffic and safety issues; the new design will have a pass through and be more efficient
in a variety of ways.
(14-095) Introduction of Ordinance Approving the Lease Agreement for Six Years with
Five Three-Year Options with Google Inc. in Building 11 Located at 1050 W. Tower
Avenue and Building 19 Located at 2175 Monarch Street at Alameda Point. Introduced.
The Economic Development Division Manager gave a brief presentation.
Vice Mayor Ezzy Ashcraft inquired how many employees Makani Power currently has
and how many will be added.
The Economic Development Division Manager responded there are currently 35
employees in Building 19 and 40 to 50 employees may gradually be added in Building
11.
In response to Councilmember Tam’s inquiry, the Economic Development Division
Manager stated the City’s only operating expense is insurance cost; the City will
assume an insurance expense; the taxes abated are property taxes; the City owns the
property but the tenant is still responsible for possessory interest.
John McManus, Cushman and Wakefield, stated the lease was written to maximize
flexibility between two different scenarios: one for municipal ownership and one for
private ownership; the building is owned by the City and the lease has a potential to run
for 21 years; there is a possibility Google will exercise the opportunity to buy out the
lease, or a Master Developer could buy the property; taxes are covered under
possessory interest tax; the lease has a mechanism to pass taxes to the tenant if a third
party investor buys the property; a mechanism is needed to pass the costs to the tenant
if a developer does a more advanced development; once the lease was in place,
additional costs cannot be added.
Vice Mayor Ezzy Ashcraft moved introduction of the ordinance.
Councilmember Tam seconded the motion, which carried by unanimous voice vote – 5.
(14-096) Introduction of Ordinance Approving the First Amendment to the Lease and
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Authorizing the City Manager to Execute Documents Necessary to Implement the
Terms of the Lease with Complete Coach Works for Twelve Months in a Portion of
Building 24 at Alameda Point, 2301 Monarch Street. Introduced.
The Economic Development Division Manager gave a brief presentation.
Councilmember Tam moved introduction of the ordinance.
Councilmember Chen seconded the motion, which carried by unanimous voice vote – 5.
(14-097) Introduction of Ordinance Approving the Second Lease Amendment for Twelve
Months with Margaret Su dba Wonky and Wonky Kitchen, LLC in Building 119 Located
at 151 West Seaplane Lagoon at Alameda Point. Introduced.
The Economic Development Division Manager gave a brief presentation.
Councilmember Tam moved introduction of the ordinance.
Vice Mayor Ezzy Ashcraft seconded the motion, which carried by unanimous voice vote
– 5.
(14-098) Summary: Adopt an Ordinance Amending the Alameda Municipal Code by
Revising the Webster Street Business Improvement Area (BIA) Boundaries and Setting
a New Surcharge for Large, Single Stand Alone Retail Stores within the BIA Boundaries
and Determining that Adoption of the Ordinance is not a "Project" under California
Environmental Quality Act (CEQA).
Introduction of Ordinance Amending Alameda Municipal Code Chapter VI, Sections 6-
7.2(a), 6-7.2(b), and 6-7.5(j), and Adding Sections 6-7.5(a)6 and 6-7.5(e) to Revise the
Webster Street Business Improvement Area (BIA) Boundaries and Setting a New BIA
Surcharge Fee for Large, Single, Stand-Alone Retail Stores; Action is not a Project
under CEQA because it is Organizational or Administrative Activities of Government
that will not Result in Direct or Indirect Physical Changes to the Environment.
Introduced.
Councilmembers Daysog and Chen recused themselves and left the dais.
The Development Manager gave a Power Point presentation.
Vice Mayor Ezzy Ashcraft inquired whether objectives outlined in the Memorandum of
Understanding (MOU) amendment will also move forward, specifically the physical
connections to retail and Webster Street.
The Community Development Director responded in the affirmative; stated the idea of
doing retail to foster connections came up in 2006; the College of Alameda has had
high turn-over and the objectives are not the current focus of the interim administration;
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City staff will continue to move the objectives of the MOU forward; there is currently a
Target shuttle administered by the West Alameda Transportation Demand Management
Agency; increasing the shuttle service area is envisioned for a future plan.
* * *
(14-099) Vice Mayor Ezzy Ashcraft moved approval of considering additional agenda
items after 10:30 p.m.
Councilmember Chen seconded the motion, which carried by the following voice vote:
Ayes: Councilmembers Chen, Daysog, Ezzy Ashcraft, and Mayor Gilmore – 4. Noes:
Councilmember Tam – 1.
* * *
Discussed the need to realign the boundaries: Sandip Jariwala, West Alameda
Business Association (WABA).
Stated the Mariner Square Athletic Club (MSAC) does not want to be in the BIA;
expressed concern over notification; requested the Club’s two properties be excluded:
Kevin Truglio, Mariner Square Athletic Club.
Stated that she received an invitation which she would like to decline; stated Aquatech
and MSAC would like to be excluded: Kathy Wagner, Mariner Square Athletic Club.
Expressed support for the ordinance: Sean Whiskeman, Catellus.
Urged approval of the staff recommendation: Sam Koka, Alameda.
Vice Mayor Ezzy Ashcraft stated that she spoke with Mr. Truglio regarding his concerns;
correspondence from WABA could have been more informative; the Development
Manager wrote to MSAC and Aquatech on March 10th explaining the BIA decision and
included the staff report as an exhibit; the Development Manager also had a telephone
conversation with Mr. Truglio to reiterate the $4,000 surcharge fee would not apply to
MSAC; Steve Moore of Aquatech objects to taxes on principle; WABA has a lack of
funds and is asking business owners to pay their fair share; the assessment would be a
benefit to the whole district; she supports the assessment.
Councilmember Tam stated that she agrees with expanded boundaries but is reluctant
to force someone to join the BIA when they are so vehemently opposed; she is
comfortable excluding MSAC and Aquatech.
Vice Mayor Ezzy Ashcraft inquired what is to prevent other businesses from opting out if
two businesses are allowed to opt out.
Councilmember Tam responded the businesses may join the assessment district in the
future, but are not considering it now because they do not see the value of the
assessment.
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Mayor Gilmore stated that she appreciates the business owners feelings of not wanting
to join the assessment district, but allowing businesses to opt out will set a bad
precedent.
The City Manager urged Council not to pass the item tonight; stated the City would not
be able to manage business improvement associations if businesses are allowed to opt
out of paying taxes; that he recommends bringing the item back at a later date.
Vice Mayor Ezzy Ashcraft stated opting out would also mean less money to do things
that contribute to the economic development and improvement for entire City; providing
balance and being fair to both ends of town is important.
Councilmember Tam stated her issue is with the process; there may be a difference of
opinion if the businesses felt fully informed; that she would like to make sure the
businesses are fully informed; relying on the City for information on the assessment
defeats the purpose of having a business association be the conduit of information.
Mayor Gilmore stated the item will come back on a future date to give WABA time for
additional outreach.
The Community Development Director stated coming back on April 15th would allow
adequate time for additional outreach.
* * *
(14-100) Councilmember Chen moved approval of continuing the meeting past 11:00
p.m.
Vice Mayor Ezzy Ashcraft seconded the motion, which carried by the following voice
vote: Ayes: Councilmembers Chen, Daysog, Ezzy Ashcraft, and Mayor Gilmore – 4.
Noes: Councilmember Tam – 1.
* * *
CITY MANAGER COMMUNICATIONS
None.
ORAL COMMUNICATIONS, NON-AGENDA
Irma Garcia Sinclair, Alameda stated that she opposes the anti-terror and contraband
enforcement station in West Alameda
COUNCIL REFERRALS
None.
COUNCIL COMMUNICATIONS
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(14-101) Consideration of Mayor’s Nominations for Appointment to the Housing
Authority Board of Commissioners.
Mayor Gilmore nominated Fayleen Allen, Cullen Jones, and Stuart Rickard for
reappointment to the Housing Authority Board of Commissioners.
ADJOURNMENT
There being no further business, Mayor Gilmore adjourned the meeting at 11:17 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.
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