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2010-05-18 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -MAY 18.2010- -7:00 P.M. Mayor Johnson convened the meeting at 7:33 p.m. ROLL CALL - Present: Councilmembers deHaan, Gilmore, Matarrese, Tam and Mayor Johnson — 5. Absent: None. AGENDA CHANGES (10 -221) Mayor Johnson announced the Special Council meeting schedule for 7:02 p.m. would be held at 8:45 p.m. PROCLAMATIONS. SPECIAL ORDERS OF THE DAY & ANNOUNCEMENTS (10-222) Proclamation Declaring May 2010 as Older Americans Month. Mayor Johnson read and presented the proclamation to Nancy Gormley. Ms. Gormley thanked Council for the proclamation. Mayor Johnson requested a brief description of how people can sign up for the senior shuttle. Ms. Gormley stated registration needs to be done either on line or at the Mastick Senior Center. Mayor Johnson inquired what is the age requirement. Ms. Gormley responded sixty -two; stated seniors are able to ride the shuttle for free; the shuttle can accommodate two wheelchairs; two different schedules run on Tuesday, Wednesday, and Thursday. (10-223) Proclamation declaring May 22 as Harvey Milk Day. Mayor Johnson read and presented the proclamation to Brian Harris and Ryan Kelley - Cahill from Alameda Community Learning Center (ACLC). Mr. Harris and Mr. Kelley - Cahill thanked Council for the proclamation. (10-224) One -Year Follow Up on Fiscal Sustainability Committee Report. The City Treasurer and City Auditor gave a Power Point presentation. In response to Mayor Johnson's inquiry, the City Treasurer stated some local Regular Meeting Alameda City Council 1 May 18, 2010 governments could have a 40% increase for local safety; new rates will reflect investment losses and actuarial changes that PERS is making. The City Treasurer continued the presentation. Mayor Johnson inquired whether deferred maintenance includes facilities, to which the City Treasurer responded in the affirmative. Vice Mayor deHaan thanked the City Treasurer and City Auditor for the presentation; stated the gain in reserves over the last two years has not been obligated. The City Treasurer stated reserves have gotten better, but the City is still far behind; the problem is that maintenance and retiree medical costs are not discretionary and do not go away; costs are growing exponentially. Vice Mayor deHaan stated Oakland's roads are deteriorating rapidly; the City has to ensure that steps are taken to continue on the right track; the City's property values have not dropped; inquired what was the percentage of growth in property taxes last year, to which the Interim City Manager responded 0.5 %. Vice Mayor deHaan inquired what was the growth in good years, to which the Interim City Manager responded 8.5 %. The City Treasurer stated Alameda is not the first city to deal with the issue; other cities have found solutions; the City can learn from San Francisco and San Jose. Mayor Johnson inquired whether anyone from PERS is scheduled to address the matter. The Interim City Manager responded John Bartel is scheduled to be at the June 1St Council Meeting to discuss the PERS' actuarial; stated that she is trying to get a PERS representative to attend the June 15th Council Meeting to confirm the growth before budget adoption. Mayor Johnson stated any news from PERS seems to be bad and gets worse as time goes by; stated PERS has not written the multi billion dollar Mountain House investment loss into its portfolio; money for the Mountain House investment will never be regained. The Interim City Manager stated the assumed rate of return for PERS is 7.34 %; however, PERS is talking about reducing the rate of return to 6 %. The City Treasurer stated the defined benefit plan, not PERS, is the problem; when anything goes wrong it is the City's problem; PERS started a smoothing process in which payments were spread out over thirty years; inquired whether the City has received anything formal [from PERS]. The Interim City Manager responded in the negative; stated Mr. Bartel would be Regular Meeting Alameda City Council 2 May 18, 2010 discussing the issue at the next Council Meeting. The City Treasurer stated the Fiscal Sustainable Committee Report assumes that the City will continue with current policies. Councilmember Gilmore stated everyone realizes there is a need for change; changes will not be in one area but more broad based; a government's function is to provide services to citizens; community discussions need to address service level changes, what is valued, and what cuts people are willing to have made; Councilmembers have to lead the way. The City Treasurer stated government's job is to provide services at a level commensurate with revenue received, not commensurate with demands; Next 10 has a program called the California Budget Challenge; the program is an interactive exercise which allows an individual to try and balance California's budget; that he is hoping to bring a similar program to Alameda. Councilmember Tam stated revenue and expenses are linked; seventy -five percent of the budget goes for personnel; personnel is needed for deferred maintenance; last time, the Fiscal Sustainability Committee discussed what type of development would be needed to generate revenue for the types of services the community wants; the City has sought Measure B funding for pothole repairs, the Paratransit program, street resurfacing, and signage, and funding for Fire safety, but said funding not factor into the burden; the future burden is all on the City; inquired whether a future presentation would address how to grow the pie. The City Treasurer responded the Fiscal Sustainability Committee did not take grants into consideration; stated that he does not know whether grants will continue at the State level; the City should go after grants whenever possible. Councilmember Tam stated addressing the need for more retail to generate revenue is a difficult discussion. Councilmember Gilmore stated the need for retail has to be balanced against the traffic it causes. The City Treasurer stated input needs to be solicited. Councilmember Matarrese stated that he appreciates the presentation; he has requested to have the budget easily available on the website; urged the public to attend budget sessions; stated bargaining units have foregone pay increases; the management team has been contracted; a budget session will be held on June 19th; the reserve level still needs to be discussed. The City Treasurer stated the rule of thumb is to have three to six months of cash; his approximation is that the City has a twenty -two day reserve. Regular Meeting Alameda City Council 3 May 18, 2010 Councilmember Matarrese stated the City is in the "pay -as- you -go" mode and cannot address unfunded liabilities such as deferred maintenance. The City Treasurer stated the City is not starting at zero [in the budget] but is starting at negative $8 million. Mayor Johnson inquired whether the upcoming budget would be dealing with the negative $8 miliion. The Interim City Manager responded the City is still trying to recover some negative cash; stated the City can only afford to put $100,000 into the deferred maintenance budget this year; staff has not started to touch the deferred maintenance negative; staff is trying to recover the negative cash; there has been a 10% staff reduction; focus needs to be on risk management and workers compensation; joint power authorities expect the City to have a funded reserve; joint power authorities have not required cities to show an earmarked reserve if there is a healthy cash reserves in the General Fund; now, cities are using cash reserves; some cash needs to be put away for mandated reserves. In response to Vice Mayor deHaan's inquiry, the Interim City Manager stated the California Chief Legislative Analyst indicated that growth would be difficult until 2014; the new forecast is that a household will not have discretionary income until 2018. Vice Mayor deHaan stated the City is not able to take care of what is necessary and is not getting a higher rate of return; inquired why the Other Post Employment Benefit (OPED) deficit is higher, to which the City Treasurer responded everything is based on assumptions. The Interim City Manager stated medical insurance has dropped by several percentage points. Vice Mayor deHaan stated there has been some stabilization. The City Treasurer stated medical costs would not remain the same. CONSENT CALENDAR Mayor Johnson announced that the Resolution Authorizing the City of Alameda Fire Department to Access Federal Level Summary Criminal History [paragraph no. 10 -238] was withdrawn from the agenda. Councilmember Tam moved approval of the Consent Calendar. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote — 5. [Items so enacted or adopted are indicated by an asterisk preceding the Regular Meeting Alameda City Council 4 May 18, 2010 paragraph number.] (*10-225) Minutes of the Special and Regular City Council Meetings held on May 4, 2010. Approved. (*10-226) Ratified bills in the amount of $6,907,995.69. (*10-227) Recommendation to Accept the Quarterly Treasury Report. Accepted. (*10-228) Recommendation to Approve Letter of Support of 100 Best Cities for Young People Application. Accepted. (*10-229) Recommendation to Set a Public Hearing to Consider Collection of Delinquent Administrative Citation Fees Via the Property Tax Bills for June 1, 2010. Accepted. (*10-230) Recommendation to Set a Public Hearing for Delinquent Integrated Waste Management Charges for June 15, 2010. Accepted. (*10-231) Recommendation to Accept the Work of NorCal Pipeline Inspection for Citywide Sewer Mains and Laterals Video Inspection, Phase 2, No. P.W. 07- 08 -19. Accepted. (*10-232) Resolution No. 14440, "Declaring the City's Intention to Revise the Sewer Service Charge and Establishing Procedures for Accepting Protests Pursuant to Article XIIID, Section 6(a) of the California Constitution Regarding Property - Related Fees and Charges." Adopted. (*10-233) Resolution No. 14441, "Approving a Fifth Amendment to the Agreement with the California State Coastal Conservancy to Implement Spartina Eradication and Mitigation Measures and Authorize the Interim City Manager to Execute All Necessary and Required Documents." Adopted. (*10-234) Resolution No. 14442, "Authorizing the Interim City Manager to Submit a Request to the Metropolitan Transportation Commission for the Allocation of $121,000 in Fiscal Year 2010 -2011 Transportation Development Act, Article 3 Funding, for Upgrades to the Bicycle Facility Signage and Sidewalk Improvements, and to Execute All Necessary Documents." Adopted. (*10-235) Resolution No. 14443, "Authorizing the Interim City Manager to Submit an Application for Measure B Paratransit Funding for fiscal year 2010 -2011, and to Execute All Necessary Documents." Adopted. (*10-236) Resolution No. 14444, "Ratifying the Public Utility Board's Approval of the Termination of the Natural Gas Procurement Program Third Phase Agreement and Authorizing the General Manager of Alameda Municipal Power to Execute the Regular Meeting Alameda City Council 5 May 18, 2010 Termination of the Agreement." Adopted. (*10-237) Resolution No. 14445, "Resolution of Intention to Levy an Annual Assessment on the Alameda Business Improvement Area of the City of Alameda for Fiscal Year 2010 -2011 and Set a Public Hearing for June 1, 2010." Adopted. (10-238) Resolution Authorizing the City of Alameda Fire Department to Access Federal Level Summary Criminal History for Emergency Medical Technicians Certification. Not adopted. (*10-239) Ordinance No. 3017, "Adding Subsection 30 -5.15 to the Alameda Municipal Code to Prohibit the Operation of Medical Marijuana Dispensaries in the City of Alameda. Finally passed. CITY MANAGER COMMUNICATIONS (10-240) Correspondence from Alameda Hospital Regarding City - Hospital Subcommittee The Interim City Manager gave a brief presentation. Councilmember Matarrese stated the subcommittee idea was not favorably received; a joint presentation would be beneficial for the public; that he would be very interested in hearing details of plans to keep the Hospital open. The Interim City Manager stated the Hospital is working on a business plan. Councilmember Tam stated that she supports the idea of having a presentation on a regular basis; when she was on the Hospital Board, meetings were not well attended and not televised. (10-241) Request that AC Transit Not Alter Line 51A Prior to Conducting Appropriate Public Hearings The Supervising Civil Engineer gave a brief presentation. Councilmember Gilmore stated that she assumes AC Transit staff wants to combine lines due to budget constraints. The Supervising Civil Engineer stated the matter is not related to budget issues; buses had to run on Keith Avenue in Oakland near the Rockridge BART station when the line split; residents were concerned with having busses run in front of their homes; residents complained to [Oakland] Councilmembers and AC Transit staff; a decision was made at staff level without going through a public process; a Board decision should be made. Speakers: John Knox White, Alameda, submitted letter; Michael Krueger, Regular Meeting Alameda City Council 6 May 18, 2010 Transportation Commission. Councilmember Tam inquired how many members are on the Transportation Commission. The Supervising Civil Engineer responded currently, four members; stated two members will term out in June; only two members would remain after June 30tH Councilmember Tam stated the matter should be vetted through the Transportation Commission. Mayor Johnson disagreed; stated the matter is urgent. Councilmember Tam stated that she understands that an endorsement letter should be sent; the letter [submitted by Mr. Knox White] requests a public hearing urging AC Transit to reconsider the matter; that she is suggesting the best process for Alameda is to have the matter vetted before the Transportation Commission; a fully seated Commission would be needed. Councilmember Matarrese stated that he concurs with Councilmember Tam regarding the need to fill Transportation Commission vacancies; AC Transit staff intends to make cuts in June; a staff level decision was made because of low mileage for the length of the line; he thinks the letter should be sent to the AC Transit Director as well as the Board Members. The Supervising Civil Engineer stated the Transportation Commission endorsed the letter. Mayor Johnson inquired whether the letter addresses the AC Transit process that allowed the situation to occur, to which Councilmember Tam responded in the affirmative. Councilmember Tam moved approval of sending the letter to AC Transit. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote — 5. Vice Mayor deHaan stated staff should modify the letter for clarity. Mayor Johnson called a recess at 8:46 p.m. and reconvened the meeting at 11:52 p.m. (10 -242) Councilmember Tam moved approval of continuing the meeting past 12:00 a.m. midnight. Regular Meeting Alameda City Council 7 May 18, 2010 Councilmember Matarrese seconded the motion, which carried by unanimous voice vote -5. Mayor Johnson called a recess at 11:53 p.m. and reconvened the meeting at 12:01 a.m. (10-243) Urban Farm and Garden Plan The Interim City Manager gave a brief presentation. Mayor Johnson and Councilmember Matarrese stated the Plan is good. Councilmember Gilmore inquired whether the Plan would include the school community gardens, to which the Interim City Manager responded in the affirmative. Mayor Johnson stated the soil in Alameda is better than other areas of the region. Councilmember Tam stated Bay Farm Island used to be a farm; overlaying existing parks is a great idea; that she would caution using Alameda Point because there is so much clean up. Mayor Johnson stated raised gardens are being used. The Interim City Manager stated the Plan would be easier for natural flora and fauna. Vice Mayor deHaan stated Alameda had many farms; the triangle area near Washington Park has been discussed [as a possible site]. Mayor Johnson stated the area is called Portola Triangle. REGULAR AGENDA ITEMS (10-244) Recommendation to Accept the Third Quarter Financial Report. The Interim City Manager gave a brief presentation. Councilmember Matarrese inquired about the State Board of Equalization liability. The Interim City Manager stated the City would exhaust the administrative appeal process; staff is having discussions with Livermore; a lot of cities are trying to resolve issues. Councilmember Matarrese stated money needs to be set aside. Regular Meeting Alameda City Council 8 May 18, 2010 The Interim City Manager stated that she is not as negative about losing the full $1.1 million as she was eighteen months ago; continued the presentation. In response to Vice Mayor deHaan's inquiry, the Interim City Manager stated in the last two and a half years, the total cash has gone from $223 million to $180 million. Councilmember Tam stated the 3rd Quarter Treasury Report ending March 31St shows a cash asset of $129,866,000; the Interim City Manager stated that the City has less than 90 -days working capital; inquired how much is spent per month. The Interim City Manager responded approximately $6 million per month; $20 million would be needed for a 90 -day working capital. Councilmember Tam requested an explanation of the $129 million. The Interim City Manager stated the City had $129 million available at the end of March; Alameda County receives redevelopment property taxes in May; the second installment [of property taxes] is received in April; cash will go up this quarter; the City is quarters behind in receiving gas tax receipts; Measure B is down 18 %; continued the presentation. Vice Mayor deHaan stated the City needs to be self- sufficient. The Interim City Manager stated being cash rich in a depression is important. Councilmember Gilmore stated being cash rich is the fiscal equivalent of needing a certain amount on hand for earthquake preparedness. The Interim City Manager stated having cash puts the City in an excellent position to hedge off delays in receipts of checks; continued the presentation. Councilmember Matarrese moved approval of the staff recommendation. Councilmember Tam seconded the motion, which carried by unanimous voice vote — 5. ORAL COMMUNICATIONS, NON - AGENDA None. COUNCIL REFERRALS None. COUNCIL COMMUNICATIONS Regular Meeting Alameda City Council 9 May 18, 2010 (10 -245) Vice Mayor deHaan stated the trees at the Golf Course are coming back; Alameda and Monarch Bay in San Leandro use recycled water; Metropolitan Links uses well water; East Bay Municipal Utility District (EBMUD) does not check the salt content [of recycled water]; the cost for recycled water is 70% to 80% of the amount for potable water. (10-246) Consideration of Mayor's Nominations for Appointment to the Commission on Disability Issues and Youth Advisory Commission. Mayor Johnson nominated Kelly Harp for appointment to the Commission on Disability Issues and Jeanette Mei for appointment to the Youth Advisory Committee. ADJOURNMENT There being no further business, Mayor Johnson adjourned the meeting at 12:31 a.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council 10 May 18, 2010