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2014-06-03 Regular CC Minutes Regular Meeting Alameda City Council June 3, 2014 MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -JUNE 3, 2014- -7:00 P.M. Mayor Gilmore convened the meeting at 7:18 p.m. Councilmember Daysog led the Pledge of Allegiance. ROLL CALL - Present: Councilmembers Chen, Daysog, Ezzy Ashcraft, Tam and Mayor Gilmore – 5. Absent: None. AGENDA CHANGES (14-218) Mayor Gilmore announced the Public Hearing on waste fees [paragraph no. 14-229] was continued to June 17, 2014. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY & ANNOUNCEMENTS (14-219) Proclamation Declaring the Month of June as History Museum Month. Mayor Gilmore read and presented the proclamation to Judith Lynch, Alameda Museum; Seth Arp, California Historical Radio Society; Sieg Wrobel and Frank Musso, Naval Air Museum; Charles Howell, Meyers House and Garden; Michael Schiess, Pacific Pinball; and Kurt Zeigler, USS Hornet. Ms. Lynch submitted information and thanked the City. (14-220) Recognition of Alameda Municipal Power (AMP) for Receiving the Reliable Public Power Provider Designation from the American Public Power Association. Mayor Gilmore congratulated AMP and presented a plaque to Public Utilities Board Members Madeline Deaton and Greg Hamm. ORAL COMMUNICATIONS (14-221) Cathy Leong, Alameda, discussed the proposal to move the Harbor Bay Club; stated Harbor Isle does not have to allow the club to move; submitted information. (14-222) Mina Katoozian, Alameda, discussed the sewer pump station project; questioned what procedure was used to change the project. The Assistant City Manager stated that he met with Ms. Katoozian and is reviewing the case; a response would be provided to Ms. Katoozian week. (14-223) Dr. D.A. Tillman, Pure Anointed Kingdoms and TASC Inc., discussed a housing proposal her organization would complete at Alameda Point, submitted Regular Meeting Alameda City Council June 3, 2014 information. (14-224) Former Councilmember Doug deHaan, Alameda, discussed Alameda Point street names; stated former Navy employees would like names to reflect the history of the Naval Air Station. (14-225) Trish Spencer, Alameda, stated that she spoke to the Council prior to the closed session to express concern about ensuring that housing units are allocated for the property which was transferred to the School District. CONSENT CALENDAR Mayor Gilmore announced that the quarterly sales tax report [paragraph no. 14-228] was removed from the Consent Calendar for discussion. Vice Mayor Ezzy Ashcraft 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.] (*14-226) Minutes of the Special and Regular City Council Meetings Held on May 6, 2014 and the Special City Council Meeting Held on May 13, 2014. Approved. (*14-227) Ratified bills in the amount of $1,822,922.30. (*14-228) Recommendation to Accept the Quarterly Sales Tax Report for the Period Ending March 31, 2014 Collected During the Period October to December 31, 2013. The Finance Director gave a brief presentation. In response to Vice Mayor Ezzy Ashcraft’s inquiry, the Finance Director stated Alameda is half way through the reporting period; the last payment of sales tax reported for Fiscal Year 2013-14 is not received until September, the States is always one quarter behind; compared to the same time last year, the sales tax amount is similar. Vice Mayor Ezzy Ashcraft inquired why Alameda Point reported a 15% decline in sales tax. The Finance Director responded reasons for the decline in sales tax at Alameda Point include changeover in businesses and business-to-business sales fluctuation. Vice Mayor Ezzy Ashcraft inquired whether the City receives sales tax revenue from Auctions by the Bay’s monthly flea market, to which the Finance Director responded in the affirmative; stated the tax is mostly lease revenues. Regular Meeting Alameda City Council June 3, 2014 Vice Mayor Ezzy Ashcraft inquired what “all other areas” listed on the sales tax table means. The Finance Director responded “all other areas” are mostly one-time adjustments; stated when the State finishes audits, sometimes sales tax is reallocated from one jurisdiction to another. Vice Mayor Ezzy Ashcraft inquired why the department store percent in change is confidential. The Finance Director responded there is a limit to the type of information allowed to be reported; stated State law prohibits listing individual businesses; if there are less than five businesses in one category, the amount could be interpreted as sales tax of a specific retailer. In response to Councilmember Tam’s inquiry, the Finance Director stated Alameda’s sales tax revenues is projected to be $100,000 below budget this year; stated Target is on track but Alameda is subject to one-time adjustments and fluctuations in the Statewide pool which offset positive gains. Councilmember Tam moved approval of the staff recommendation. Vice Mayor Ezzy Ashcraft seconded the motion, which carried by unanimous voice vote – 5. (*14-229) Recommendation to Set June 17, 2014, for a Hearing to Consider Collection of Delinquent Business License Taxes and Delinquent Integrated Waste Management Accounts Via the Property Tax Bills. Accepted. (*14-230) Recommendation to Set June 17, 2014, for a Hearing to Consider Collection of Delinquent Administrative Citation Fees and Vacant Building Assessments via Property Tax Bills. Accepted. (*14-231) Resolution No. 14926, “Approving the Long-Term Layoff Agreement for the California-Oregon Transmission Project.” Adopted. (*14-232) Resolution No. 14927, “Approving Agreements between Alameda Municipal Power and the Northern California Power Agency (NCPA): Management and Administrative Services Agreement, Amended and Restated Facilities Agreement, Second Amended and Restated Pooling Agreement, and Amended and Restated Scheduling Coordination Program Agreement.” Adopted. (*14-233) Resolution No. 14928, “Approving Amendment Number 1 to the Third Amended and Restated Northern California Power Agency (NCPA) Metered Subsystem Aggregator (MSSA) Agreement.” Adopted. Regular Meeting Alameda City Council June 3, 2014 (*14-234) Resolution No. 14929, “Requesting and Authorizing the County of Alameda to Levy a Tax on All Real and Personal Property in the City of Alameda as a Voter- Approved Levy for the General Obligation Bonds Issued Pursuant to a General Election held November 7, 2000 for the Alameda Library.” Adopted. (*14-235) Ordinance No. 3096, “Approving a Lease and Authorizing the City Manager to Execute Documents Necessary to Implement the Terms of Third Lease Amendment with Artemis Racing, USA for Twenty-Four Months with Two Additional Options for Eighteen Months and Six Months in Building 12 Located at 1050 West Tower, a Portion of Taxiway H and Access to the Seaplane Lagoon at Alameda Point.” Finally passed. REGULAR AGENDA ITEMS (14-236) Recommendation to Award a Contract in the Amount of $431,200, Including Contingencies, to Brown, Reynolds & Watford to Provide Professional Services for the Design, Construction Documents, and Contract Administration for Fire Station Number 3. The Public Works Director gave a brief presentation. Councilmember moved approval of the staff recommendation. Councilmember seconded the motion, which carried by unanimous voice vote – 5. (14-237) Adoption of Resolution Establishing Integrated Waste Collection Ceiling Rates and Service Fees for Alameda County Industries, Inc. for Rate Period 13 (July 2014 to June 2015). Continued to June 17, 2014. (14-238) SUMMARY: Approve Actions Related to Proposed Open Space Initiative Recommendation to Consider Options Pertaining to the Initiative Measure to Amend City of Alameda General Plan including the 2007-2014 Housing Element and the Zoning Ordinance to Classify Approximately 3.8999 Acres of Land Adjacent to McKay Avenue as Open Space: Option 1 - Adopt the Ordinance; Option 2 - Adopt a Resolution Submitting the Ordinance to the Voters, Decide Interest in Drafting Arguments and Direct City Attorney to Prepare Impartial Analysis; or Option 3 - Order a Report on the Effect of the Proposed Initiative Measure. Approved. The City Clerk gave a brief presentation. Mayor Gilmore inquired what the additional cost would be if Council puts the Initiative on the November Ballot, to which the City Clerk responded $5,000; stated when Council calls the General Municipal Election, the total cost of the Election will be approved. Mayor Gilmore stated the initiative would change the General Plan Zoning Amendment and Housing Element; inquired what would be the potential fiscal impacts of rezoning Regular Meeting Alameda City Council June 3, 2014 the land. The City Attorney responded the Council can order an impact report to allow staff to analyze impacts. Councilmember Daysog stated Council ordered an impact report in 2000 regarding the Alameda Beltline/Jean Sweeney Open Space initiative. The City Attorney concurred with Councilmember Daysog; stated in 2000, Council ordered an impact report and added a companion measure on the ballot as a mechanism to delay the effectiveness of the open space initiative until a funding source could be determined. Councilmember Chen inquired whether the additional $5,000 cost would cover all measures, to which the City Clerk responded in the negative; stated the cost was only for the initiative measure. Vice Mayor Ezzy Ashcraft stated Council has a due diligence duty to inform themselves and the public about what the measure would involve; that she would like a companion measure; inquired whether the City Attorney would be allowed to make suggestions on what would be included. The City Attorney responded in the affirmative; stated her office can lead the charge and provide a thorough analysis from a legal perspective. Mayor Gilmore stated that she would also like to add fiscal analysis; the City does not own the property and there is potential to affect another entity’s property rights. The City Attorney duly noted Mayor Gilmore’s comments. In response to Councilmember Tam’s inquiry, the City Clerk stated the initiative will be placed on the November Ballot whether Council approves the item tonight or July 1st. Vice Mayor Ezzy Ahscraft concurred with Mayor Gilmore regarding a fiscal analysis. Stated the community values open space: Doug Siden, Alameda. Mayor Gilmore inquired whether Measure WW funds would be used to pay for the land. Mr. Siden responded the answer could be found in the result of a study. Stated Measure WW was adopted in 2008 and the area was designated a park; there is great support for the measure and submitted information: Gretchen Lipow, Friends of Crown Beach. Urged the Council to order a complete report: Jane Sullwold, Alameda. Regular Meeting Alameda City Council June 3, 2014 Discussed the background of rezoning the property and the East Bay Regional Park District lawsuit; urged adoption of the ordinance: Former Councilmember Doug deHaan, Friends of Crown Beach. Stated the Sierra Club supports the measure and outlined reasons for the support; noted the site is no longer needed to meet housing requirements in the next Housing Element: William Smith, Alameda. Discussed development: Alison Greene, Alameda. Vice Mayor Ezzy Ashcraft stated that she would like the City Attorney’s analysis to address limits on uses of property designated as open space, specifically whether parking lots for visitors, East Bay Regional Parks District (EBRPD) trucks, buses, and maintenance equipment storage, would be allowed; further stated she would like clarification on whether or not Tim Lewis owns the property. Councilmember Tam stated that she would like the City Attorney’s analysis to include the applicability of the zoning ordinance with regard to EBRPD. Councilmember Daysog stated that he is confident Council and the Planning Board will work with the public; he supports pursuing an impact analysis which residents can understand. Councilmember Chen concurred with Councilmember Daysog; stated that he is confident staff will return with a complete impact report. Councilmember Tam moved approval of Option 3 [Ordering a Report on the Effect of the Proposed Initiative Measure] with direction to include a potential companion measure. Vice Mayor Ezzy Ashcraft seconded the motion. Under discussion, Councilmember Daysog stated a companion measure would not be an alternative measure, it would be a supplement for tax payers to understand there are options in the event of unforeseen circumstances, such as sticker shock occurring. Mayor Gilmore concurred with Councilmember Daysog; stated lawsuits cost money; a companion measure protects the City budget. On the call for the question, the motion carried by unanimous voice vote – 5. CITY MANAGER COMMUNICATIONS None. Regular Meeting Alameda City Council June 3, 2014 COUNCIL REFERRALS None. COUNCIL COMMUNICATIONS (14-239) Consideration of Mayor’s Nominations to the Civil Service Board, Commission on Disability Issues, Golf Commission, Historical Advisory Board, Library Board, Planning Board, Recreation and Park Commission, and Social Service Human Relations Board. Mayor Gilmore nominated Marguerite Malloy for reappointment to the Civil Service Board; Elizabeth Kenny for appointment to the Commission on Disability Issues; Timothy Scates for reappointment to the Golf Commission; Chee Chan and John Piziali for appointment to the Historical Advisory Board; Catherine Atkin for reappointment to the Library Board; David Burton and Kristoffer Köster for reappointment to the Planning Board; William Delaney, Mario Mariani, and Ruben Tilos for appointment to the Recreation and Park Commission; and Audrey Hyman and Jennifer Williams for appointment to the Social Service Human Relations Board. (14-240) Written Communication from the League of California Cities Requesting Designation of a Voting Delegate and Alternates for the Annual Conference. Councilmember Chen moved approval of designating Councilmember Tam as the voting delegate. Vice Mayor Ezzy Ashcraft seconded the motion, which carried by unanimous voice vote – 5. Vice Mayor Ezzy Ashcraft moved approval of designating Councilmember Daysog as the alternate. Councilmember Chen seconded the motion, which carried by unanimous voice vote – 5. ORAL COMMUNICATIONS, NON-AGENDA (14-241) Former Councilmember Doug deHaan, urged Council to focus on finding solutions to shortfalls ; stated Alameda needs to recover sales tax leakage. COUNCIL COMMUNICATIONS (14-242) Councilmember Daysog stated that he would forward a communication about a beeping noise at 700 block of Lincoln Avenue to the City Manager. (14-243) Vice Mayor Ezzy Ashcraft announced that she, Councilmember Tam, and Mayor Gilmore attended the opening ceremonies for the Valor Games. Regular Meeting Alameda City Council June 3, 2014 (14-244) Councilmember Chen inquired whether street names are approved by Council. The City Clerk stated the policy would be forwarded to Council tomorrow. ADJOURNMENT There being no further business, Mayor Gilmore adjourned the meeting at 8:53 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance.