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2012-02-07 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- - FEBRUARY 7. 2012- -7:00 P.M. Mayor Gilmore convened the meeting at 7:05 p.m. ROLL CALL — Present: Councilmembers Bonta, deHaan, Johnson, Tam and Mayor Gilmore — 5. Absent: None. AGENDA CHANGES •C7iT� PROCLAMATIONS. SPECIAL ORDERS OF THE DAY & ANNOUNCEMENTS (12 -032) Proclamation declaring February 7, 2012 as Alameda Islanders U12 Boys Soccer Champions Recognition Day. Mayor Gilmore read and presented the proclamation to the team. Peter Holmes, Alameda Soccer Club President, presented jerseys to the Mayor and City Manager. (12 -033) Mayor Gilmore announced that the word of the day is "dreaming" in celebration of the Season for Non - Violence. ORAL COMMUNICATIONS, NON - AGENDA (12 -034) Carol Chamberlain, Alameda, discussed the Alameda Naval Air Museum. CONSENT CALENDAR Mayor Gilmore announced the contract with Graphtek [paragraph no. 12 -037] was removed from the Consent Calendar for discussion. Vice Mayor Bonta moved approval of the remainder of the Consent Calendar. Councilmember deHaan seconded the motion, which carried by unanimous voice vote — 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *12 -035) Minutes of the Special and Regular City Council Meeting held on January 3, 2012. Approved. ( *12 -036) Ratified bills in the amount of $8,818,055.42. Regular Meeting Alameda City Council 1 February 7, 2012 (12 -037) Recommendation to Approve a One -Year Contract With Graphtek Advertising and Design in an Amount Not to Exceed $6,000 for Technical Support for the City's Website. Councilmember Tam moved approval of the staff recommendation; inquired whether the City would be moving toward a new platform in July, to which the Information Technology Division Manager responded in the affirmative. Councilmember Tam inquired whether the City would be free from the Graphtek Contract, to which the Information Technology Division Manager responded in the affirmative. The City Manager stated he would be very disappointed if the City is not on board with a different non - proprietary site by July 1St Vice Mayor Bonta seconded the motion, which carried by unanimous voice vote — 5. Councilmember deHaan inquired whether the [website] survey has been published, to which the Deputy City Manager responded in the affirmative. The City Manager inquired what type of comments has been received. The Deputy City Manager responded good criticisms and critiques have been given; stated people want a more user friendly site. The City Manager stated the goal is to have a website that can be easily navigated with a two -way relationship. ( *12 -038) Resolution No. 14650, "Appointing an Engineer and an Attorney for Island City Landscaping and Lighting District 84 -2 ". Adopted. ( *12 -039) Resolution No. 14651, "Appointing an Engineer and an Attorney for Maintenance Assessment District 01 -1 (Marina Cove) ". Adopted. REGULAR AGENDA ITEMS (12 -040) Resolution No. 14652, "Appointing John W. Knox White as a Member of the Planning Board." Adopted. (12 -040 A) Resolution No. 14653, "Appointing Kristoffer Koster as a Member of the Planning Board." Adopted. Councilmember Tam moved adoption of the resolutions. Vice Mayor Bonta seconded the motion, which carried by unanimous voice vote — 5. Regular Meeting Alameda City Council 2 February 7, 2012 The City Clerk administered the Oath of Office and presented a Certificate of Appointment to Mr. Knox White. (12 -041) Recommendation to Appoint Members of the Open Government Commission. Councilmembers noted the names and backgrounds of their appointees. Councilmember Tam moved approval of the staff recommendation. Vice Mayor Bonta seconded the motion, which carried by unanimous voice vote — 5. (12 -042) Recommendation to Accept a Report on the Crown Beach Tragedy. The Police and Fire Chiefs gave a Point Presentation; the Fire Chief provided a handout. In response to Councilmember Johnson's inquiry, the Police Chief stated the Police Department would be in a support role for water rescue incidents unless a criminal element is involved; then, a unified command would be utilized; nothing prohibits officers from taking independent action in an emergency. The Fire Chief stated the tabletop exercise held in January involved said elements. Councilmember deHaan inquired who would take the lead role in suicide intervention, to which the Police Chief responded the Police Department. The Police and Fire Chiefs continued the presentation. Mayor Gilmore inquired how different [communication] equipment plays into what needs to be done on a regional basis. The Police Chief responded the new P25 radio system would allow all surrounding jurisdictions in Alameda and Contra Costa counties to communicate; stated the system should be up and running by the end of 2012. Mayor Gilmore inquired whether the new equipment would tie into what the Coast Guard uses. The Fire Chief responded the Fire Department has marine radios and can communicate with the Coast Guard; stated Oakland has a different system, which presents some problems. The City Manager stated the inoperable ability problem has been discussed at City Manager's meetings. Regular Meeting Alameda City Council 3 February 7, 2012 In response to Councilmember Tam's inquiry, the Police Chief stated that the Alameda County Sherriff's Department has an 85 -foot vessel and two smaller vessels; the vessels' use is limited; the vessels' availability has been discussed; staffing is limited; the City would not be able to use the vessels; operating the 85 -foot vessel requires specific certifications. Councilmember Tam stated it appears that the City provides more support to the County. The Police Chief stated the County is an excellent partner for law enforcement; the vessels have liability and training issues. The Police and Fire Chiefs continued the presentation. Mayor Gilmore stated a Police Officer informed her that the relationship between the Police and Fire Departments is the best in the 15 years he has been on the force; that she has also heard the same comments from Fire Department personnel. Councilmember Tam requested information on costs associated with water rescue related programs and equipment. The Fire Chief stated a ten -year plan is estimated to cost approximately $400,000; adding a fire boat would increase the cost to approximately $1.2 million; hopefully, some of the costs could be offset with grant funding; a fire boat costs anywhere between $450,000 to $2.5 million. Councilmember Tam inquired whether the Police Department's boat could be used, to which the Fire Chief responded in the negative. The Police Chief stated the Police Department boat is 10 years old and is in good condition; some grant money will be used to refurbish the hull; longevity has increased by storing the boat out of the water; a lot of the training costs are reimbursable; unfortunately, courses are not always offered on a regular basis. Councilmember Johnson stated both departments have done excellent work together; the relationship has improved. Vice Mayor Bonta stated the report is comprehensive; noted the Police and Fire Departments have made 16 successful water rescues since the Crown Beach tragedy. The Fire Chief stated awareness has been heightened after the tragedy; increased calls have allowed the Fire Department to test capabilities and utilize its resources. Councilmember deHaan stated the review is excellent; that he is impressed with what has occurred; the readiness level has been heightened. Regular Meeting Alameda City Council 4 February 7, 2012 Councilmember Johnson inquired whether funding has been redirected from the current budget to cover costs, to which the Fire Chief responded some equipment funding has been redirected. The Police Chief stated that training and equipment funding has been reprioritized for the Police Department. Speaker: Carol Gottstein, Alameda, noted that Raymond Zach's name and the word "suicide" are not mentioned in the report. Councilmember Johnson moved approval of the staff recommendation. Vice Mayor Bonta seconded the motion, which carried by unanimous voice vote — 5. The City Manager suggested that the next update be presented during budget discussions. (12 -043) Recommendation to Approve the Fire Department's Implementation of a Pilot Basic Life Support Transportation Program. The Fire Chief gave a brief presentation. Councilmember Tam stated the proposed plan seems good for cost recovery and utilizing resources; inquired whether the proposed plan would be feasible considering recent fire activity, to which the Fire Chief responded in the affirmative. Councilmember Tam inquired whether 5150 calls fall under Basic Life Support (BLS), to which the Fire Chief responded in the affirmative when medical clearance is not needed. In response to Councilmember Tam's inquiry, the Fire Chief stated a lot of requirements are necessary to ensure that Medicare and Medical are covered. Councilmember Johnson inquired whether staff has discussed the proposed plan with Alameda Hospital. The Fire Chief responded efforts have been made to contact the hospital; stated Alameda Hospital is under contract with American Medical Response (AMR); noted the hospital is happy with AMR. Councilmember Johnson inquired whether the BLS transportation program is a revenue generator for the hospital, to which the Fire Chief responded that he does not know; stated the program is a revenue generator for AMR. The City Manager stated the issue is on his agenda when he meets with the [Hospital] Chief Executive Officer next week. Regular Meeting Alameda City Council 5 February 7, 2012 Councilmember Johnson stated knowing whether the hospital relies on the revenue is important; inquired whether fire fighting personnel would be used. The Fire Chief responded in the negative; stated part -time Emergency Medical Technicians (EMT's) would be used; stated South San Francisco has a good model; South San Francisco only hires people interested in a fire service career. Councilmember Johnson inquired how the transportation service is working for South San Francisco and Palo Alto. The Fire Chief responded Palo Alto started the program seven days a week but the program has been reduced to five days per week; Palo Alto's program has been used as an overflow for AMR; South San Francisco has been more aggressive and has generated revenue. Councilmember Johnson stated it is important for the public to know that fire - fighting personnel would not be used for the pilot program. Vice Mayor Bonta stated that he is excited about the program; the program would provide an important service but would also generate revenue. Councilmember deHaan stated that he is a little critical about pubic /private ventures; noted the previous telecom situation; inquired whether there would be competition with AMR. The Fire Chief responded AMR no longer provides service in Alameda County. Councilmember deHaan stated there would be competition with the hospital; $60 million was lost with the telecom venture; not having the upper hand is concerning. The Fire Chief stated the plug could be pulled if the program is not successful. The City Manager stated the City is more compelled to be entrepreneurial due to limited resources; the program would have cost benefits by freeing up the Advanced Life Support (ALS) ambulance, and would provide on -site testing for potential recruits; the plug could be pulled if estimates turn out to be overly optimistic. Mayor Gilmore inquired who would supervise the ambulance service, to which the Fire Chief responded the EMS division. The City Manager stated diversified service is a challenge that faces fire departments today. Councilmember Johnson stated that she would not compare the proposed program to the telecom situation; competition would not be based on price; inquired whether the Regular Meeting Alameda City Council 6 February 7, 2012 program would remain the same if successful. The Fire Chief responded the next logical step would be to purchase a dedicated ambulance if the program becomes successful. Mayor Gilmore stated the Fire Department would not be entering a field where one player has a near monopoly. Councilmember deHaan stated that he does not think paying $17 per hour is a good labor model; the burden would increase if positions became full time. Councilmember Tam moved approval of the staff recommendation. Vice Mayor Bonta seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Bonta, Johnson, Tam and Mayor Gilmore — 4. Abstention: Councilmember deHaan — 1. (12 -044) Recommendation to Remove One Ten -Inch Diameter Liquidambar and Replace with One 15- Gallon Japanese Maple, Appropriate $1,289,100 in Sewer Fund Fees and Award a Contract in the Amount of $1,482,600, Including Contingency, to Fort Bragg Electric, Inc. for the Dublin Sewer Pump Station Backup Generator Installation Project, No. P.W. 04- 10 -10. The City Engineer gave a brief presentation. Mayor Gilmore inquired whether everyone understands the difference in the tree size, to which the City Engineer responded that she thinks so. Councilmember Johnson stated a Japanese Maple is a great improvement over a Liquidambar. Councilmember deHaan inquired what is the life expectancy of a Liquidambar, to which the City Engineer responded over 100 years. Councilmember Johnson stated that Harbor Bay Liquidambar trees do not look like the ones on Gibbons Drive. Speaker: Anne Vistola, Alameda, stated that she paid to have the trees planted ten years ago; the trees improved the community space and masked the pump; that she has no objection to Japanese Maples; size difference is a concern. Councilmember deHaan inquired whether Mr. Vistola would prefer to have two Japanese Maples. Ms. Vistola responded that she is fine with leaving the other Liquidambar because of its maturity. Regular Meeting Alameda City Council 7 February 7, 2012 Councilmember Johnson inquired whether the Liquidambars were planted for screening and noise, to which Ms. Vistola responded not for noise. Councilmember Johnson inquired how tall is a 15- gallon Japanese Maple. The City Engineer responded ten feet; stated the tree can grow to twenty -five feet at a rate of twelve inches per year; a young tree would soon catch up to a 24 -inch box tree and would be healthier. Councilmember Johnson inquired whether Ms. Vistola would be happier with a taller tree, to which Ms. Vistola responded in the affirmative. Mayor Gilmore stated trees get bigger with age and become more difficult to transplant. Councilmember Johnson suggested that Ms. Vistola work with staff in order to weigh options. Ms. Vistola stated that she appreciates the offer. Vice Mayor Bonta moved approval of the staff recommendation with amendment to direct staff to work with the homeowner on tree size. Councilmember seconded the motion, which carried by unanimous voice vote — 5. (12 -045) Resolution No. 14654, "Accepting the Alameda Reuse and Redevelopment Authority's Assignment of Its Rights, Assets, Obligations, Responsibilities, Duties and Contracts, including the Economic Development Conveyance Agreement and Lease in Furtherance of Conveyance." Adopted. The Chief Operating Officer — Alameda Point gave a brief presentation. Councilmember Johnson stated understanding that the issue is unchartered territory is important; the City is doing its best to preserve its options; many options have been considered; there is no magic answer at this point; the City is doing the best it can with what is known now. The Chief Operating Officer —Alameda Point stated staff is pursing State legislation; the staff recommendation is the best short -term solution in order to have the ability to do what needs to be done on a day -by -day basis. Mayor Gilmore stated staff would continue to consider other vehicles for another successor agency that is not the City. Councilmember deHaan stated tonight's option could be an interim or permanent situation; the City has no choice at this time. Regular Meeting Alameda City Council 8 February 7, 2012 Speakers: Kurt Peterson, Alameda, encouraged Council to express concerns to the Navy regarding the Navy's proposed reduction in Restoration Advisory Board meetings; and Gretchen Lipow, Alameda, stated the City should not get itself into any further debt; community members want to have input on the development of Alameda Point. In response to Councilmember Tam's inquiry, the City Attorney stated the City would look at lease revenue bonds that would not impact the General Fund; the City has insurance on current leases; the pollution liability and policies in place protect the City; the City is covered as well as possible; that she cannot say there would be no possibility that the City would have some liability; the City will continue to look for other vehicles to add protection; the risk is minimal. Mayor Gilmore stated the Navy still retains the responsibility for clean up. Councilmember deHaan stated that he would like to have a follow up report on possible exposures to liabilities. The City Attorney stated that she would be happy to provide a report; the largest liability would be environmental; the City is very well covered; the Navy retains responsibility for the clean up and the City has pollution liability insurance; developers would have insurance; the City would use lease revenue bonds as a financing tool. Vice Mayor Bonta moved adoption of the resolution. Councilmember Johnson seconded the motion, which carried by unanimous voice vote —5. (12 -046) Introduction of Ordinance Amending the Alameda Municipal Code by Amending Article II (Boards and Commissions) of Chapter II (Administration) to Reduce Membership on Various Commissions. Not Introduced. The Assistant City Manager gave a brief presentation; noted a revision to the ordinance. Vice Mayor Bonta stated public engagement would be helpful; proposed that the subcommittee make on an effort over the next four months to provide a proposal for Board and Commission meetings and structure improvements; stated that he would volunteer to be on the subcommittee. Councilmember Johnson stated that the Youth Commission provides an opportunity for high school students to be involved; that she would prefer to leave the Youth Commission at eleven members. The Assistant City Manager stated the Youth Commission has had problems reaching a quorum. Regular Meeting Alameda City Council 9 February 7, 2012 Councilmember Johnson stated perhaps the Youth Commission could be reduced to nine members; five members would constitute a quorum. The City Manager stated two organizational questions are at stake; staff believes that there are too many members and too many meetings; each individual meeting becomes less important by having too many members and too many meetings; people become discouraged from showing up when a quorum becomes an issue. Councilmember Johnson stated reducing the number of meetings might solve the attendance issue. The City Manager stated the issue has been addressed by Council for over a year; that he does not object to waiting another six months if Council chooses; the matter needs to be brought to closure. Vice Mayor Bonta stated that he agrees that Council needs to move quickly and efficiently but also needs to move in the right way; a public engagement process is important; direction has been given to do a survey; public workshops have been discussed and should happen; a four -month extension is reasonable to ensure that things are done correctly. Councilmember deHaan stated the Youth Commission problems are two -year terms and reaching a quorum; that he thinks the Public Art Commission should be pushed back under the right area and the Film Commission should be put back under the Economic Development Commission. Councilmember Tam stated having Boards and Commissions is the City's way of dealing with public participation and engagement; that she would suggest folding the matter into the public participation policy with appropriate workshops and provide the time necessary to do things right in accordance with Vice Mayor Bonta's comments. The City Manager stated as long as there are problems with quorums, Boards and Commissions cannot function in the important matter intended which is to provide advice to Council; Boards and Commissions provide a very important function; staff is not trying to limit participation but is trying to make participation effective. Mayor Gilmore inquired when the public engagement policy would becoming to Council. The Deputy City Manager responded meetings are scheduled for March 12th and March 25th; stated staff would be coming back to Council in April. Councilmember Johnson stated that her preference would be to leave the Recreation and Park Commission at seven members because a full balance of perspectives is needed; fixing frequency of meetings would help solve the quorum issue. Mayor Gilmore stated the request [reducing membership to five] came from the Regular Meeting Alameda City Council 10 February 7, 2012 Recreation and Park Commission Chair. Councilmember Johnson stated the request was made because the Recreation and Park Commission only had four members. The Assistant City Manager stated the Recreation and Park Commission has no designated seats. Speakers: Jane Sullwold, Golf Commission, stated that she understands that the ordinance was amended to recognize a quorum to be a majority of those who are appointed to the seats; that she does not want to have less Golf Commission meetings until Golf Course issues are resolved; and Jon Spangler, Alameda, stated the value of the Boards and Commissions need to be recognized. Mayor Gilmore stated that she likes the idea of folding the issue into the public engagement process. Vice Mayor Bonta moved approval of folding the proposed changes into the public outreach process for development of the public participation policy. Mayor Gilmore suggested that Vice Mayor Bonta work with the Deputy City Manager on the issue. Councilmember deHaan seconded the motion. Under discussion, Councilmember Johnson stated reviewing frequency of meetings is important. The City Manager stated staff resources are a concern, making sure the system works is important. Councilmember deHaan stated attendance needs to be documented. Councilmember Tam volunteered to serve on the subcommittee with Vice Mayor Bonta. On the call for the question, the motion carried by unanimous voice vote — 5. CITY MANAGER COMMUNICATIONS (12 -047) The City Manager made an announcement regarding the Budget Challenge and upcoming special marriage dates. ORAL COMMUNICATIONS, NON - AGENDA (12 -048) Ken Peterson, Alameda, stated the budget should be easy to understand and has not been; urged it be fixed. Regular Meeting Alameda City Council 11 February 7, 2012 (12 -049) D. Tillman, Task Inc., urged the Council to continue to support the homeless, especially Veterans. (12 -050) Janet Gibson, Alameda, commented on the Crown Beach Tragedy follow up report; suggested follow up include a City philosophy for people to be responsible, kind citizens and development of a good Samaritan policy. (12 -051) Lily Leung stated the Alameda Little Ice Rink should have remained longer and could be located at Alameda Point. Mayor Gilmore noted the ice rink was a joint effort including Perforce Software, Alameda Municipal Power, and Buestad Construction; stated the location is private property and it is too early to pin down a new location. Councilmember Johnson stated the City would love to have an ice rink; a business would have to determine whether it could generate revenue; the ice rink required a lot of subsidy. (12 -052) Kurt Peterson, Alameda, discussed the meeting times listed on agendas. COUNCIL REFERRALS None. COUNCIL COMMUNICATIONS (12 -053) Consideration of Mayor's Nomination for Appointment to the Social Service Human Relations Board (SSHRB). Mayor Gilmore nominated Michael Radding for appointment to the SSHRB. (12 -054) Mayor Gilmore stated Councilmember deHaan would serve on the Airport Noise Forum since she cannot attend meetings. (12 -055) Mayor Gilmore inquired about the status of the City Clerk contract. Councilmember Johnson stated that she is waiting for information from the City Attorney's office. (12 -056) Councilmember deHaan stated the country's handling of returning veterans has been very commendable. (12 -057) Vice Mayor Bonta stated the proposed third Measure B would be on the November ballot; said Measure is an extension and augmentation of the current half cent sales tax that funds Alameda County transportation projects and programs; the Regular Meeting Alameda City Council 12 February 7, 2012 Alameda County Transportation Commission approved the proposed Transportation Expenditure Plan; that he voted in support of the project. ADJOURNMENT There being no further business, Mayor Gilmore adjourned the meeting at 10:08 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance. Regular Meeting Alameda City Council 13 February 7, 2012