2011-02-15 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- - FEBRUARY 15.2011- -7:00 P.M.
Mayor Gilmore convened the meeting at 7:57 p.m.
ROLL CALL - Present: Councilmembers Bonta, deHaan, Johnson, Tam and
Mayor Gilmore — 5.
Absent: None.
AGENDA CHANGES
(11 -069) Mayor Gilmore announced that the Resolution of Appointment [paragraph no.
11 -072] would be addressed after special orders of the day, which would be followed by
the Alameda Landing matter [paragraph no. 11 -009 CIC] on the joint meeting.
PROCLAMATIONS. SPECIAL ORDERS OF THE DAY & ANNOUNCEMENTS
(11 -070) Proclamation Declaring January 30, 2011 to April 4, 2011 as A Season for
Nonviolence.
Mayor Gilmore read and presented the proclamation to Cynthia Wasko, Social Service
Human Relations Board (SSHRB) President.
(11 -071) Proclamation Declaring February 15th as Kathy L. Moehring Day.
Mayor Gilmore read and presented the proclamation to Kathy Moehring.
Speaker: Judi Friedman, West Alameda Business Association.
REGULAR AGENDA ITEM
(11 -072) Resolution No. 14550, "Appointing Charles Patrick Wallis as a Member of the
Planning Board." Adopted.
Councilmember Tam moved adoption of the resolution.
Councilmember deHaan seconded the motion, which carried by unanimous voice vote —
5.
The City Clerk administered the Oath of Office and presented Mr. Wallis with a
certificate of appointment.
Mayor Gilmore called a recess to hold the joint meeting at 8:14 p.m. and reconvened
the meeting at 9:13 p.m.
Regular Meeting
Alameda City Council 1
February 15, 2011
ORAL COMMUNICATIONS, NON - AGENDA
(11 -073) Omer Karacaylak, Alameda, invited everyone to attend his daughter's art
exhibit at the Alameda Library and provided an announcement about the exhibit.
CONSENT CALENDAR
Mayor Gilmore announced that the recommendation to approve the Acting City
Manager and Acting City Attorney pay [paragraph no. 11 -078], the recommendation to
accept $397,216 from the US Department of Homeland Security [paragraph no. 11 -079]
and the Resolution Increasing Parking Penalties [paragraph no. 11 -087] were removed
from the Consent Calendar for discussion.
Vice Mayor Bonta moved approval of the remainder of the Consent Calendar.
Councilmember Tam seconded the motion, which carried by unanimous voice vote — 5.
[Items so enacted or adopted are indicated by an asterisk preceding the paragraph
number.]
( *11 -074) Minutes of the Special City Council Meeting held on January 25, 2011; and
the Special and Regular City Council Meetings held on February 1, 2011. Approved.
( *11 -075) Ratified bills in the amount of $2,929,344.76.
( *11 -076) Recommendation to Accept the Treasury Report for the Quarter Ending
December 31, 2010. Accepted.
( *11 -077) Recommendation to Adopt the Legislative Program for 2011. Accepted.
(11 -078) Recommendation to Approve Acting City Manager Pay at $213,524 Per Year
and Acting City Attorney Pay at $196,484 Per Year Effective December 29, 2010 for the
Duration of the Acting Assignments.
The Acting City Manager and Acting City Attorney left the room.
The Human Resources Director gave a brief presentation.
Councilmember deHaan stated the previous City Manager was making $250,000; the
pay is for an interim period during the selection process; inquired whether $213,000 is
the highest pay.
The Human Resources Director responded the Interim Police Chief's salary is currently
$212,524.
Regular Meeting
Alameda City Council 2
February 15, 2011
Councilmember deHaan inquired whether the Acting Police Chief benefits are higher, to
which the Human Resources Director responded the amount includes most all benefits,
with minor exceptions, such as equipment or uniform pay; stated the salary is pretty
much the full compensation.
Councilmember deHaan noted the process has not started for the City Attorney.
Mayor Gilmore stated the City still has a City Attorney.
Councilmember deHaan moved approval of the staff recommendation.
Councilmember Johnson stated the public should understand there are retirement
benefits, which are a very substantial cost.
The Human Resources Director stated the full benefit package is higher for the Police
Chief if the PIERS retirement contribution is counted; the amount for public safety is
around 30 %, while for miscellaneous, the contribution is closer to 12 %; the health and
welfare benefit is also not included.
Councilmember Johnson stated the amounts are known; the amount is closer to 70% of
pay for public safety; that she does not know the amount for non - safety.
The Human Resources Director stated the amount is around 30 %.
Councilmember deHaan stated the amount [$213,524] is the base pay, not the entire
package.
The Human Resources Director stated the amount is base plus any benefits that are
considered salary; the compensation package is exclusive of the PIERS contribution that
the City pays and any health and welfare benefits for medical, dental and life insurance.
Councilmember Tam seconded the motion, which carried by unanimous voice vote — 5.
(11 -079) Recommendation to Accept $397,216 from the US Department of Homeland
Security's Assistance to Firefighter Grant Program for the Replacement of a Fire
Rescue Vehicle Using the Alameda County Fire Department's Competitive Bid Award,
Appropriate $99,304 from the General Fund to Meet the Matching Funds Requirement
of the Grant, and Authorize Purchase.
The Acting Deputy Fire Chief gave a brief presentation.
In response to Councilmember deHaan's inquiry, the Acting Deputy Fire Chief stated
the converted delivery van is used to transport equipment for training; the van is unsafe.
Councilmember deHaan inquired how the Fire Department responds to hazardous
incidents, to which the Acting Deputy Fire Chief responded mutual aid.
Regular Meeting
Alameda City Council 3
February 15, 2011
Councilmember deHaan inquired whether Oakland has a rescue response vehicle, to
which the Acting Deputy Fire Chief responded Oakland and Alameda County have
rescue response vehicles.
Councilmember deHaan inquired whether special equipment is the bulk of the cost.
The Acting Deputy Fire Chief responded $500,000 is for the vehicle only; stated the Fire
Department has acquired equipment through a previous grant.
Councilmember deHaan inquired whether the equipment would be put into the rescue
vehicle, to which the Acting Deputy Fire Chief responded in the affirmative.
Mayor Gilmore inquired what makes the rescue vehicle so expensive.
The Acting Deputy Fire Chief responded in addition to the cab and chasse, the vehicle
would offer fire fighter protection for Code 3 responses involving lights, sirens, and
request of right -of -way at intersections.
Councilmember deHaan inquired whether the grant could be used for other equipment,
to which the Acting Deputy Fire Chief responded the grant could only be used for a
rescue vehicle.
Vice Mayor Bonta inquired whether the City would be contributing $100,000 and getting
$500,000 in value, to which the Acting Deputy Fire Chief responded in the affirmative.
Vice Mayor Bonta commended the Fire Department for going after outside funding
sources.
Councilmember Johnson inquired why the $100,000 would be taken out of the General
Fund, not the Vehicle Replacement Fund.
The Controller responded the Vehicle Replacement Fund has limitations and require
certain qualifications bet met.
Councilmember Johnson stated Council direction should be to take the $100,000 from
the Vehicle Replacement Fund.
The Acting City Manager stated existing vehicles pay into the Vehicle Replacement
Fund; the current vehicle came from the Navy and depreciation was not being paid.
Councilmember Johnson stated Council could amend the rules for the Vehicle
Replacement Fund.
The Controller stated the Vehicle Replacement Fund is an extension of the General
Fund; Council could authorize using a designated portion of the Vehicle Replacement
Regular Meeting
Alameda City Council 4
February 15, 2011
Fund.
Vice Mayor Bonta inquired how much is in the Vehicle Replacement Fund, to which the
Controller responded a little over $2 million.
Vice Mayor Bonta inquired whether the $2 million has been budgeted for other things.
The Acting City Manager responded the Fire Department needs a truck, engine, and
ambulance, which would total $1.7 million; stated the Police Department also has
needs; the City does not have enough money in the fund to pay for everything needed.
Councilmember Johnson stated using the Vehicle Replacement Fund would force
Council to set priorities.
The Acting City Manager stated unfortunately, fire trucks and engines are very
expensive.
Councilmember Johnson stated the Vehicle Replacement Fund payment could be
accelerated.
Councilmember Tam stated forcing the money to come from the Vehicle Replacement
Fund would create an inherent inequity because the converted delivery van was
inherited from the Navy and depreciation has not been paid.
Vice Mayor Bonta stated payments should be accelerated to cover older vehicles;
questioned whether the City has other older vehicles that do not qualify to use the
Vehicle Replacement Fund.
Councilmember deHaan stated the City holds onto a lot of vehicles that have outlasted
usefulness; the Fire Department has an old white truck that came from the Navy; the
City has over 500 vehicles; that he is surprised the 1981 converted delivery van still
operates.
The Public Works Director stated the City's fleet has been reduced by twenty or thirty
vehicles; the inventory is approximately 400, including equipment; a Council resolution
states any Navy vehicle that does not pay into the Vehicle Replacement Fund cannot
use the Fund.
Mayor Gilmore suggested that Council approve the staff recommendation and have a
discussion later regarding how many Navy vehicles the City has and whether to amend
the resolution; at a later date, Council can address the policy.
Councilmember Tam moved approval of the staff recommendation.
Vice Mayor Bonta seconded the motion, which carried by unanimous voice vote — 5.
Regular Meeting
Alameda City Council 5
February 15, 2011
Councilmember Johnson requested staff to bring the resolution back to Council.
Mayor Gilmore requested that the resolution come back in enough time to discuss and
set policy prior to next year's budget.
( *11 -080) Recommendation to Accept the Work of Sand Channel Greens for the
Alameda Point Multi -Use Field Upgrades, No. P.W. 04- 09 -11. Accepted.
( *11 -081) Recommendation to Accept Works of Golden Bay Construction, Inc. for
Culvert Reconstruction at Various Locations, No. P. W. 02- 10 -04. Accepted.
( *11 -082) Recommendation to Accept the Work of Salt River Construction, Inc. for the
Harbor Bay Dredging Project, No. P.W. 06- 09 -16. Accepted.
( *11 -083) Recommendation to Accept the Work of Top Grade Construction for the
Webster Stret/Wilver "Willie" Stargell Avenue Intersection Project, No. P.W. 10- 08 -26.
Accepted.
( *11 -084) Recommendation to Award Contract in the Amount of $433,431, including
Contingencies, to Schaaf & Wheeler for the Preparation of Engineering Documents for
the Upgrade of the City of Alameda Sewer Pump Stations, Phase 1: Reliability
Improvements, No. P.W. 12- 10 -33. Accepted.
( *11 -085) Recommendation to Award Contract in the Amount of $93,373, including
Contingencies, to Schaaf & Wheeler for the Preparation of Engineering Documents for
the Upgrade of the City of Alameda Sewer Pump Stations, Phase 2: Immediate
Improvements, No. P.W. 12- 10 -34. Accepted.
( *11 -086) Recommendation to Authorize the Replacement of Two Street Sweepers
through the Houston - Galveston Area Council Procurement Program, Known as
HGACBuy, Appropriate $60,000 in Urban Runoff Funds, and Authorize the Acting City
Manager to Execute All Required Agreements. Accepted.
(11 -087) Resolution No. 14551, "Increasing Civil Penalties for Parking Violations of the
Municipal Code and California Vehicle Code." Amended and adopted.
The Acting City Manager and Controller gave a brief presentation.
Councilmember Johnson inquired how the State is able to take part of the money for a
municipal code violation, to which the Controller responded all parking citations are
processed through the Department of Motor Vehicles (DMV).
The Acting City Manager stated the money is used to fund trial courts.
Vice Mayor Bonta requested an explanation of the 35% collection fee.
Regular Meeting
Alameda City Council 6
February 15, 2011
The Controller stated a person would be assessed an additional 35% if a citation is not
paid within a certain period of time; the additional assessment would cover attorney
costs.
The Acting City Manager stated the City was handling citation collection in house before
contracting with the City of Inglewood.
Vice Mayor Bonta inquired whether a 35% collection assessment is typical, to which the
Controller responded in the affirmative.
Councilmember deHaan left the dais at 9:54 p.m. and returned at 9:55 p.m.
Speakers: Robb Ratto, Park Street Business Association; and Jon Spangler, Alameda.
Councilmember Johnson stated all violations should not have a fixed fee; that she
would not mind considering different fees for different violations; inquired what "Major
Repairs /Display for Sale" means.
The Acting Police Chief responded blight issues; stated people cannot work on vehicles
on City streets.
Councilmember Johnson stated the fine for said violation should be more expensive.
Vice Mayor Bonta stated different violations should have different fees; currently, the
City has varied fees; inquired why flat fees are being proposed.
The Controller responded for simplicity sake; stated most of the current fees range from
$30 to $35; the difference is minimal; the collection part of the staff recommendation is
the most important part because the collection agency is looking to implement the
proposed increases March 1, 2011.
Councilmember Tam inquired whether a $50 assessment would be reasonable given
the egregiousness of a violation.
The Acting Police Chief responded that he is very reluctant to get involved with the fee
structure because enforcement should not be tied to fees; stated that he supports
updating the fee schedule; he does not want it to appear that the Police Department is
doing enforcement to generate revenue.
Councilmember Tam stated asking the Finance Department should not have to answer
whether an expired meter is worse than parking by a fire hydrant.
The Acting Police Chief stated that he likes the simplicity of the $50 fee; taking a closer
look at a fee variance is hard to argue against.
Regular Meeting
Alameda City Council 7
February 15, 2011
Councilmember deHaan stated a $50 fee would be fairly standard and would not vary
too much from other cities.
Councilmember Johnson stated that she would prefer to have the fees refined; the
metered parking fee should be reduced; the downtown area should be welcoming and
friendly; the overnight commercial vehicle fee should be more egregious; that she has
no problem with moving forward with the collections portion of the staff
recommendation.
The Acting City Manager summarized that the Council direction is to decrease the fees
for parking time limit, overtime parking in the City lot, overtime meter zone, expired
meter and increase more egregious violations such as overnight commercial vehicle
parking and 15' from a fire hydrant; stated staff would come back with a new schedule.
Councilmember Johnson stated that she would like to lower the street sweeping fee;
many people are given a ticket after street sweeping has been done.
The Acting Police Chief stated the Police Department is looking at a system to remedy
the problem.
The Acting City Manager stated staff is trying to keep in line with other cities; the fees
could be tiered into three categories.
Mayor Gilmore stated the parking prohibited at all times and RV trailer parking violation
fees should be raised; the City has an ordinance regarding RV trailer parking.
The Acting Police Chief stated the problem has dropped significantly since passage of
the ordinance.
Mayor Gilmore stated fees should be raised if people are not paying attention to the
ordinance.
Councilmember deHaan stated fees should be raised for front or side yard parking,
heavy vehicle three hour parking, and 72 -hour limit violations.
Mayor Gilmore inquired what is the definition of a heavy vehicle.
Councilmember Johnson stated knowing how other cities define a heavy vehicle is
important.
In response to Mayor Gilmore's inquiry, the Acting Police Chief responded a heavy
vehicle has six wheels or more.
Mayor Gilmore stated she is particularly concerned with cabs pulling long trailers, being
disconnected, and parked on Ralph Appezzato Parkway.
Regular Meeting
Alameda City Council 8
February 15, 2011
The Acting Police Chief stated that he would get back to Council on the matter.
Councilmember Tam stated that she is fine with the average for handicap and disabled
parking.
Councilmember Johnson stated a lower fine should be given for overtime parking in the
parking structure.
The Acting City Manager stated fees apply to all City lots, not just the parking structure.
Mayor Gilmore requested a motion on the collections and court part of the staff
recommendation.
Councilmember deHaan moved adoption of the section of the resolution pertaining to
collection and court fees, with direction to bring back the modified fees as discussed.
Councilmember Johnson seconded the motion.
The Controller suggested the court fees be addressed as part the overall fees.
Mayor Gilmore inquired whether there is agreement to modify the motion, to which
Councilmembers deHaan and Johnson responded in the affirmative.
On the call for the question, the motion carried by unanimous voice vote — 5.
( *11 -088) Resolution No. 14552, "Supporting the Alameda Reuse and Redevelopment
Authority's Response to Lawrence Berkeley National Laboratory's Request for
Qualifications for a Second Campus at Alameda Point." Adopted.
( *11 -089) Ordinance No. 3026, "Amending the Alameda Municipal Code by Adding
Section 3 -7 at Article I, (Finance) of Chapter III (Finance and Taxation), Regulating
Holders of State Video Franchises." Finally passed.
REGULAR AGENDA ITEMS
(11 -090) Public Hearing on Community Development Block Grant Action Plan
Amendment Two and Annual Plan for Fiscal Year 2011 -2012.
The Housing Division Manager gave a Power Point presentation.
Speakers: Lisa Gross, Bay Area Community Services; Cyndy Wasko, SSHRB; Liz
Varela, Building Futures with Women and Children; Cherri Allison, Family Violence Law
Center; Franklin Hysten, Alternatives in Action; Ginger McBride, Alternatives in Action
(submitted handout).
Regular Meeting
Alameda City Council 9
February 15, 2011
Vice Mayor Bonta thanked the SSHRB, the social service organizations, and staff for all
the hard work.
Councilmember Tam echoed appreciation to the SSHRB; stated the SSHRB is very
consistent in making the best use of limited resources.
Councilmember Tam moved approval of the staff recommendation.
Councilmember Johnson seconded the motion; urged everyone to do everything
possible to advocate against cutting CDBG funding allocations.
Mayor Gilmore thanked the SSHRB and providers; stated the SSHRB is asked to do
more with less every year.
Councilmember deHaan thanked the SSHRB and groups; stated it is commendable to
see what has been done.
On the call for the question, the motion carried by unanimous voice vote — 5.
(11 -091) Recommendation to Approve the Next Steps in the City Manager Selection
Process.
The Human Resources Director gave a brief presentation.
Councilmember Johnson stated Department Head participation is a good idea;
however, input should be provided informally to the Council subcommittee; inquired
what would be the plan to get Department Head input.
Mayor Gilmore responded a panel process; stated Department Heads would interview
candidates.
Councilmember Johnson stated the input should be confidential.
Mayor Gilmore concurred with Councilmember Johnson.
Councilmember Johnson inquired how a final decision would be made.
Mayor Gilmore responded a meeting would be scheduled to discuss recommendations
and selection; inquired whether "Public Employment" would be appropriate for Closed
Session discussion.
Councilmember Johnson stated Council might want to narrow down the candidates and
have another round of interviews.
In response to Mayor Gilmore's inquiry, the Acting City Attorney stated past practice
involved a recruiter and Closed Sessions under the title of "Public Employment "; offering
Regular Meeting
Alameda City Council 10
February 15, 2011
a contract would be in open session.
Vice Mayor Bonta stated after interviewing the six candidates on Saturday, the list could
be narrowed down to a smaller subset; the subset could be interviewed by
stakeholders, a panel of Department Heads, and those attending the reception; then,
Council could interview the finalists again.
Councilmember Tam stated that she appreciates the Council subcommittee's thoughtful
process; she is comfortable in having a panel of stakeholders with each Councilmember
appointing a community member and Councilmember Johnson's suggestion regarding
Department Head input; suggested replacing the reception process with something
more related to the City; inquired whether the City has 13 employee associations, to
which the Human Resources Director responded the City has 8 bargaining units.
Councilmember Tam suggested having bargaining unit leaders interview the finalists
and share input in a confidential manner.
Councilmember deHaan stated that he concurs with Vice Mayor Bonta except for the
reception; the process should not be too laborious.
Mayor Gilmore stated the social portion may be premature and could be done after a
final candidate is selected; the social portion could be more of an introduction to the
community; including panels of stakeholders, Department Heads, and bargaining unit
leaders and having the top candidates interviewed by the Council again after receiving
input seems to have consensus.
Councilmember Johnson stated the matter [follow up Council interviews] could be left to
the discretion of the Council.
The Human Resource Director stated that Council might want to interview again
because of the length of time since meeting the candidates.
Councilmember Johnson stated in the past, people within the community where the
candidate lived were interviewed.
Vice Mayor Bonta stated said interviews could be part of the process.
Mayor Gilmore stated the interviews were conducted when Council got down to the last
candidate.
The Acting City Attorney stated having Council take a formal action to create a panel of
stakeholders would become subject to the Brown Act; however, the interviews could be
held in Closed Session.
Councilmember Tam inquired whether the Closed Session would include the Council
appointees but the City Council would not be there.
Regular Meeting
Alameda City Council 11
February 15, 2011
Vice Mayor Bonta inquired what are the aspects of applicant confidentiality by the time
the candidates are the final two; further inquired how the reception concept has been
used in other executive searches.
The Human Resources Director responded the process would be more open once two
finalists come back for a more intense process; stated the expectation would be that
there would not be any confidentiality; that she has seen one informal reception; the
purpose was for Council to look at how a candidate interacts in a social environment;
she has seen a reception start out as a public forum.
Vice Mayor Bonta inquired whether the on -line input tool is still available.
The Human Resources Director responded public input has been requested regarding
the City Manager criteria; stated said information submitted would only be provided to
the Council.
Vice Mayor Bonta inquired whether hard copies could be provided to Council for
Saturday, to which the Human Resources Director responded in the affirmative.
Mayor Gilmore stated the more she hears, the more she agrees that a reception should
not be included in the process; the process should include stakeholder, Department
Head, and bargaining unit panels; then, the Council could interview the top candidates
again.
Councilmember Johnson responded all Departments Heads should be included in the
panel.
The Human Resources Director stated someone from Human Resources would sit on
the panels.
Councilmember Johnson inquired whether the panels would involve all six candidates,
to which Mayor Gilmore responded only the top two or three candidates.
Speaker: Jon Spangler, Alameda.
Councilmember Tam stated last time, the reception involved community stakeholders
providing comments to Council.
Councilmember deHaan stated each Councilmember could have one community at
large selection and one organization selection.
Councilmember Johnson stated each Councilmember could pick an organization and
volunteer someone.
Mayor Gilmore stated that she likes the organization aspect but there might be an
Regular Meeting
Alameda City Council 12
February 15, 2011
overlap if each Councilmember picks an organization.
Councilmember Johnson stated the Mayor could ask for representatives from the
organizations.
Mayor Gilmore stated that she likes the idea of a list of various organizations; suggested
limiting the group to 14 to 15 which would expand Step 1; the Council sub - committee
could provide a list to the Human Resource Director; the Human Resource Director
could e -mail the list to the rest of Council for input.
Vice Mayor Bonta stated that he agrees with the three panels; Step 3 [the reception] is a
valuable piece of the process; the process should be as open and transparent as
possible; the more input the better; having the public meet the finalists and provide input
is important.
Mayor Gilmore stated having candidates go through the process [reception] could be
awkward because two of the three candidates would be rejected.
Councilmember Johnson inquired whether Step 3 [the reception] could be narrowed
down to one candidate, to which Mayor Gilmore, Councilmember Tam, and
Councilmember deHaan responded they are okay with said idea.
Councilmember Johnson stated Step 3 could happen before the contract.
Vice Mayor Bonta stated a reception would be good at a later date but would not allow
community input.
Mayor Gilmore stated Council has reached consensus on the three panels
[stakeholders, Department Heads, and bargaining unit leaders] and has decided not to
decide address the social event; the social event could be discussed later.
The Acting City Attorney requested clarification on how Councilmembers would select
one person per Councilmember.
Mayor Gilmore stated that she assumes that each Councilmember would provide a
name to the Human Resources Director; the Human Resource Director would advise
Council in the event Councilmembers nominate the same person.
Vice Mayor Bonta stated deciding the number on the stakeholder panel would be helpful
in order to know how many organizations to have.
The Human Resources Director stated getting all calendars together might be difficult.
Councilmember Johnson stated a date should be set with five representatives; notice
could be given to organizations to send a representative; if a representative cannot
come, another organization could be selected.
Regular Meeting
Alameda City Council 13
February 15, 2011
Councilmember Tam inquired what type of groups would be considered.
Mayor Gilmore responded the Alameda Unified School District, College of Alameda,
and a business community representative.
Councilmember Tam inquired whether church and advocacy groups would be
considered.
Mayor Gilmore responded church groups could come under the heading of service
organization; stated service organizations could be a broad category which would
include a church group and the Red Cross; the organization would have to be active in
Alameda.
CITY MANAGER COMMUNICATIONS
None.
ORAL COMMUNICATIONS, NON - AGENDA
•C7iT�
COUNCIL REFERRALS
None.
COUNCIL COMMUNICATIONS
•C7iT�
ADJOURNMENT
There being no further business, Mayor Gilmore adjourned the meeting at 11:23 p.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 14
February 15, 2011