2011-05-17 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- -MAY 17.2011- -7:00 P.M.
Mayor Gilmore convened the meeting at 8:05 P.M.
ROLL CALL - Present: Councilmembers Bonta, deHaan, Johnson, Tam and
Mayor Gilmore — 5.
Absent: None.
AGENDA CHANGES
(11 -241) Mayor Gilmore announced that the Proclamation [paragraph no. 11 -242] would
be addressed first under Special Orders of the Day.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY & ANNOUNCEMENTS
(11 -242) Proclamation Declaring May 22, 2011, as Harvey Milk Day.
Mayor Gilmore read and presented the Proclamation to Sean Cahill, Committee
Member, Alameda Harvey Milk Day.
(11 -243) Presentation by Alameda County on the Fruitvale Miller- Sweeney Bridge
Retrofit.
Art Carrera, Alameda County, gave a Power Point presentation.
Councilmember Johnson stated community outreach has been good; inquired whether
boaters would be able to have access via the Bay Farm Bridge, to which Mr. Carrera
responded in the affirmative.
Councilmember deHaan inquired whether the Miller- Sweeney Bridge has been
retrofitted before, to which Mr. Carrera responded not that he is aware of any previous
retrofitting.
In response to Councilmember deHaan's inquiry, Mr. Carrera stated the Miller- Sweeney
Bridge is categorized no collapse.
Councilmember deHaan inquired what is the tube's categorization, to which
Councilmember Johnson responded no collapse.
Vice Mayor Bonta inquired whether there are plans to bring the Miller- Sweeney Bridge
up to a lifeline level.
Mr. Carrera responded a feasibility study has been performed; stated the Miller -
Sweeney Bridge is the best bridge for handling emergency equipment because there is
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May 17, 2011
no height limit; the cost estimate to retrofit to lifeline is $40 million; the estimate also
includes a no collapse level for the Fruitvale Avenue Railroad Bridge.
Vice Mayor Bonta inquired whether the boating community has any concerns.
Mr. Carrera responded the boating community realizes the importance of the project
and is aware that there will be some inconvenience; stated the boating community
wants to be kept informed.
The Acting City Manager stated the [retrofitting] schedule has been done in consultation
with the boating community.
ORAL COMMUNICATIONS, NON - AGENDA
0 1 -244) Gretchen Lipow, Alameda Citizen's Task Force (ACT), submitted a handout;
announced upcoming ACT events regarding the budget.
0 1 -245) Jon Spangler, Alameda, discussed an accident involving a bicycle; suggested
that the City do something to prevent future accidents.
CONSENT CALENDAR
Mayor Gilmore announced that the Quarterly Sales Tax Report [paragraph no. 11 -249]
and the recommendation to Accept the Work of Resource and Design [paragraph no.
11 -257] were removed from the Consent Calendar for discussion.
Councilmember deHaan made a correction to page 9 of the minutes to change "money
is floating around" to "other money is available" and 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.]
(*11-246) Minutes of the Special and Regular City Council Meetings held on May 3,
2011. Approved.
(*11-247) Ratified bills in the amount of $4,844,578.36.
(*11-248) Recommendation to Accept the Treasury Report for the Quarter Ended March
31, 2011. Accepted.
0 1 -249) Recommendation to Accept the Quarterly Sales Tax Report for the Period
Ending December 31, 2010.
The Controller gave a brief presentation.
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May 17, 2011
Councilmember Johnson stated sales tax for Park Street has increased 33 %.
The Controller stated Park Street sales tax has increased by 15% overall because of
the two different areas [North of Lincoln and South of Lincoln].
In response to Vice Mayor Bonta's inquiry, the Controller stated the forecast presented
to Council at the end of March is on target.
Councilmember Johnson stated per capita spending is low compared to other cities.
Councilmember Tam stated the City needs a Best Buy.
Speaker: Robb Ratto, Park Street Business Association.
Councilmember Tam moved approval of the staff recommendation.
Vice Mayor Bonta seconded the motion, which carried by unanimous voice vote — 5.
(*11-250) Recommendation to Approve the City of Alameda Investment Policy.
Accepted.
(*11-251) Recommendation to Appropriate $100,000 From the Managed Vehicle
Replacement Fund (Fund 701), Authorize the Purchase of Four Marked Ford Crown
Victoria Police Vehicles through the Los Angeles County Vehicle Bid Contract, and
Authorize the Acting City Manager to Execute All Necessary Documents. Accepted.
(*11-252) Recommendation to Adopt Specifications and Authorize Call for Bids for
Three Parking Enforcement Vehicles. Accepted.
(*11-253) Recommendation to Set a June 7, 2011, Public Hearing for Consideration of
Collection of Delinquent Administrative Citation Fees Via the Property Tax Bills.
Accepted.
(*11-254) Recommendation to Approve Revised Underwriting Guidelines for the Down
Payment Assistance Program. Accepted.
(*11-255) Recommendation to Award Contract in the Amount of $1,373,000, Including
Contingencies, to Gallagher & Burk, Inc. for Otis Drive Rehabilitation Project, No. P.W.
08- 10 -21. Accepted.
(*11-256) Recommendation to Accept the Work of Sausal Construction for the
Neighborhood Library Improvement Project, No. P.W. 10- 09 -29. Accepted.
(11 -257) Recommendation to Accept the Work of Resource and Design for Furnishings
for the Neighborhood Library Improvement Project, No. P.W. 10- 09 -29.
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Mayor Gilmore urged the community to visit the remodeled West End and East End
libraries; stated the Friends of the Alameda Free Library have donated $100,000 for
furnishing the branch libraries.
Mayor Gilmore moved approval of the staff recommendation.
Councilmember Tam seconded the motion.
Under discussion, Councilmember Tam stated the Friends of the Alameda Free Library
have set a good model for other non - profits.
Vice Mayor Bonta stated the Friends of the Alameda Free Library is a good model for
how community members can step up and help preserve services in difficult economic
times.
On the call for the question, the motion carried by unanimous voice vote — 5.
(*11-258) Recommendation to Reject All Bids and Adopt Revised Plans and
Specifications and Authorize a New Call for Bids for Repair and Resurfacing of Certain
Streets, Phase 30, No. P.W. 10- 10 -26. Accepted.
(*11-259) Recommendation to Authorize the Purchase of Light Emitting Diode Signals
for Traffic and Pedestrian Signal Heads /Indicators Through the City and County of San
Francisco Office of Contract Administration Purchasing Division Bid Contract at a Cost
Not to Exceed $182,300 and Adopt Plans and Specifications and Authorize a Call for
Bids for the Removal and Replacement of Light Emitting Diode Signals for Traffic and
Pedestrian Signal Heads /Indicators, No. P.W. 04- 11 -08. Accepted.
(*11-260) Resolution No. 14567, "Authorizing the Acting City Manager to Submit a
Request to the Metropolitan Transportation Commission for the Allocation of $109,546
in FY11 -12 Transportation Development Act Article 3 Funding and to Execute All
Necessary Documents." Adopted.
(*11-261) Resolution No. 14568, "Resolution of Intention to Levy an Annual Assessment
on the Alameda Business Improvement Area of the City of Alameda for FY 2011 -2012
and to Set a Public Hearing for June 7, 2011." Adopted.
REGULAR AGENDA ITEMS
(11 -262) Ordinance No.3032 Public Hearing to Consider Amending Ordinance No.
1277, N.S. to Rezone Approximately .06 Acres located at 1348 Weber Street, APN 073
039702600 from C -1, Neighborhood Business Zoning District, to R -4, Neighborhood
Residential Zoning Designation. Introduced.
The Planning Services Manager gave a Power Point presentation.
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Councilmember deHaan moved introduction of the ordinance.
Councilmember Bonta seconded the motion, which carried by unanimous voice vote —
5.
(11 -263) Recommendation to Provide Direction on the City Attorney Recruitment.
The Acting City Attorney made a brief statement and left the dais.
The Human Resource Director gave a brief presentation.
Mayor Gilmore stated that she has a list of qualifications which she would provide to the
subcommittee; the threshold issue is whether Council thinks now is the time to begin the
recruitment.
Councilmember Tam stated the recruitment process should begin as soon as possible;
recruitment was not done for the last City Attorney hiring; the net should be cast as wide
as possible in order to provide an opportunity for as many applicants as possible.
Vice Mayor Bonta concurred with Councilmember Tam; stated the selection process
needs to be competitive and should be initiated immediately.
Councilmember deHaan stated the City Attorney recruitment should be the same as the
in- house process used for the City Manager recruitment.
Mayor Gilmore stated the City Council is responsible for hiring and firing the City
Manager, City Attorney, and City Clerk; the Human Resources Department would be
utilized; a subcommittee needs to be formed.
Councilmember Tam volunteered to serve on the subcommittee; stated she spoke to
the incoming City Manager; the incoming City Manager has suggested advertising in the
San Francisco Daily Journal as well as the Western City Magazine; the Recorder is a
weekly publication and current readership may not be very high.
Mayor Gilmore inquired whether Council would want an attorney on the subcommittee.
Councilmember Johnson responded that she does not have an opinion on the matter;
stated she would be happy to serve on the subcommittee.
Mayor Gilmore moved approval of appointing Councilmembers Johnson and Tam to
serve on the City Attorney recruitment subcommittee.
Vice Mayor Bonta seconded the motion, which carried by unanimous voice vote — 5.
CITY MANAGER COMMUNICATIONS
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None.
ORAL COMMUNICATIONS, NON - AGENDA
None.
COUNCIL REFERRALS
(11 -264) Discussion of City Manager Hiring of Staff Assistant.
Councilmember deHaan gave a brief presentation.
Councilmember Tam inquired whether Councilmember deHaan has talked to the
incoming City Manager, to which Councilmember deHaan responded in the negative.
Mayor Gilmore stated past City Managers have been free to hire and fire department
heads; Council's responsibility is to approve [positions in] the budget; Council has not
micro - managed the City Manager's hiring of permanent staff or consultants; the City
Charter gives the City Manager the authority to appoint, discipline, and remove all
officers and employees of the City; the Charter gives a strong warning to the Council
regarding interfering with the City Manager's execution of his or her powers and duties.
Councilmember deHaan stated the Council has strong oversight with regards to the
budget.
Mayor Gilmore noted that the incoming City Manager has plans for the organization of
the City Manager's office; suggested that Councilmember deHaan have a conversation
with the incoming City Manager regarding goals and objectives for the City Manager
office; noted the incoming City Manager's intent is to have fiscal neutrality.
Councilmember deHaan inquired whether Council could discuss what was addressed in
Closed Session.
The Acting City Attorney responded whatever was disclosed in the Closed Session is
confidential; stated the majority of the Council could decide to allow what was discussed
in Closed Session to be discussed in open session; legality can be discussed; Charter
Section 7 -2 -C states that the City Manager has the power and duty to appoint all
employees under his or her jurisdiction; the City Manager can make an appointment for
a vacant, budgeted position.
Councilmember deHaan inquired whether discussion that occurred is not within contract
negotiations and therefore would be considered open, public communication.
The Acting City Attorney stated part of the Closed Session discussion was whether or
not a particular aspect belonged in the Contract; said discussion was in Closed Session
and should remain in Closed Session and be confidential unless the majority of Council
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wants to discuss the matter in open session.
Councilmember deHaan stated guidance was given on the topic.
Councilmember Johnson stated the best thing is for Councilmembers to talk to the
incoming City Manager; that she will meet with the incoming City Manager on Thursday;
understanding the incoming City Manager's thoughts is important before making
assumptions based upon what appears in the newspapers.
Mayor Gilmore stated there are numerous examples of newspapers not always quoting
things correctly.
Councilmember deHaan inquired whether any Councilmember has discussed the issue
with the incoming City Manager.
Mayor Gilmore responded that her conversation was regarding technology.
Councilmember Tam responded that her conversation was regarding the City Attorney;
stated the City has a City Council /City Manager form of government; the Council does
performance evaluations of the City Manager; Council can provide input to the City
Manager.
Councilmember deHaan inquired when the budget would come to Council.
The Acting City Manager responded a budget presentation is scheduled for May 31St;
stated approximately a month later, the budget would be presented to Council for
adoption.
Councilmember deHaan inquired whether there are any anticipated changes the City
Manager's office staff positions.
The Acting City Manager responded that she is working on the issue; stated she is
trying to make anticipated changes as budget neutral as possible.
Vice Mayor Bonta stated Council should wait until a budget is presented.
COUNCIL COMMUNICATIONS
(11 -265) Consideration of Mayor's Nomination for Appointment to the Planning Board
Mayor Gilmore nominated David Burton and Mike Henneberry for appointment to the
Planning Board.
(11 -266) Councilmember deHaan provided a handout on the Alameda County
Associated Community Action Program (ACAP); provided an overview of events.
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The Acting City Manager stated that she would report back to Council on the wind down
timeline.
(11 -267) Mayor Gilmore announced that she attended an energy conference in
Washington, D.C. and met with Senator Feinstein.
ADJOURNMENT
There being no further business, Mayor Gilmore adjourned the meeting at 9:21 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown Act.
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