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2012-11-07 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING WEDNESDAY- - NOVEMBER 7.2012- -7:00 P.M. Mayor Gilmore convened the meeting at 7:04 p.m. Vice Mayor Bonta led the Pledge of Allegiance. ROLL CALL - Present: Councilmembers Bonta, deHaan, Johnson, Tam and Mayor Gilmore — 5. Absent: None. AGENDA CHANGES (12 -519) Mayor Gilmore announced the report of no disclosure of closed session minutes [paragraph no. 12 -522] would be continued to November 20, 2012. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY & ANNOUNCEMENTS None. ORAL COMMUNICATIONS, NON - AGENDA None. CONSENT CALENDAR Mayor Gilmore announced the report of no disclosure of closed session Minutes [paragraph no. 12 -522] would be continued to November 20, 2012 and the recommendation to authorize the City Manager to submit a comment letter [paragraph no. 12 -523] was removed from the Consent Calendar for discussion. Councilmember Tam 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 -520) Minutes of the Special Joint City Council and City of Alameda Financing Authority Meeting Held on September 18, 2012; and the Special and Regular City Council Meetings Held on October 2, 2012. Approved. ( *12 -521) Ratified bills in the amount of $2,280,041.30. (12 -522) Recommendation to Accept Report of No Disclosure of Closed Session Minutes of the Alameda City Council for the Period February 2012 to July 2012, per the Alameda Sunshine Ordinance. Continued to November 20, 2012. Regular Meeting Alameda City Council 1 November 7, 2012 (12 -523) Recommendation to Authorize the City Manager to Submit a Comment Letter on the Proposed Plan for Operable Unit 2C at Alameda Point, Regarding Remedial Action Alternatives, to the United States Navy. The matter was addressed following City Manager Communications. ( *12 -524) Ordinance No. 3058, "Approving a Lease and Authorizing the City Manager to Execute Documents Necessary to Implement the Terms of the Lease with Bay Ship and Yacht Corporation for an Initial Term of 20 Years, with Two 20 Year Options and a 6 Year Option, for a Total of 66 Years, for the Tideland Property Located at 2900 Main #2100 and Surrounding Area." Finally passed. ( *12 -525) Ordinance No. 3059, "Amending the Alameda Municipal Code by Amending Section 1 -5.4 (Liability for Costs) of Article V (Penalty Provisions; Enforcement) of Chapter 1(General) to Provide Reciprocity in Provisions for Recovery of Attorneys' Fees." Finally passed. REGULAR AGENDA ITEMS (12 -526) Resolution No. 14745, "Resolution of Intention to Approve an Amendment to Contract Between the Board of Administration, California Public Employees' Retirement System and the City Council, City of Alameda." Adopted. The Human Resources Senior Management Analyst gave a brief presentation. Mayor Gilmore requested the cost savings be outlined. The Senior Management Analyst stated the estimated cost savings is $499,000 to the General Fund and $497,000 to all other funds over the term of the Memorandums of Understanding. Mayor Gilmore thanked the employees; stated the employee contribution is being increased by 27 %. Vice Mayor Bonta inquired whether all bargaining units have agreed to the increase, to which the Senior Management Analyst responded in the affirmative. Councilmember Johnson moved adoption of the resolution. Vice Mayor Bonta seconded the motion, which carried by unanimous voice vote — 5. CITY MANAGER COMMUNICATIONS (12 -527) The Senior Management Analyst announced an upcoming event to increase awareness of the City's new non - smoking regulations and other future outreach. Regular Meeting Alameda City Council 2 November 7, 2012 In response to Councilmember deHaan's inquiry, the Senior Management Analyst stated people are supportive. The Chief Operating Officer — Alameda Point announced the State Lands Commission approved the agreement exchanging land at Alameda Point. Councilmember Johnson inquired whether there would be a federal requirement to hold exercises similar to the Urban Shield event, to which the Chief Operating Officer — Alameda Point responded that she has not heard about anything, but would follow up. The City Manager announced the meetings have been held with three of the four public safety bargaining units; the meetings went well; a Closed Session would be scheduled for the next Council meeting. CONSENT CALENDAR (12 -528) Recommendation to Authorize the City Manager to Submit a Comment Letter on the Proposed Plan for Operable Unit 2C at Alameda Point, Regarding Remedial Action Alternatives, to the United States Navy. The Chief Operating Officer — Alameda Point gave a brief presentation. Councilmember deHaan stated Building 5/5A is the largest building at the Base with over a million square feet; inquired when the building was designated as historically significant. The Chief Operating Officer — Alameda Point responded the Navy originally did an analysis in the 1990's and determined there is a historic district which includes a number of buildings; Building 5 was not part of the historic district; then, the Navy's historic officer rejected the analysis and required further study; the new findings were that Building 5 is a contributing structure to the historic district; there were a couple of other changes including designation of the seaplane lagoon as a historic resource. Councilmember deHaan stated that he finds it really difficult to see the historical significance of Building 5; Building 5A is a different story; Building 5 has heavy contamination; he is concerned about leaving a building which might not have that significance in the center of a development area; he has concerns about what was designated historical; adaptive reuse of the building will be difficult; leaving a cement cap with certain restrictions is very concerning; questioned whether the Council feels that the building is historically significant and marketable. Councilmember Johnson inquired if the federal government has a process for dealing with historic designations and whether the City would have to go through said process to make changes. Regular Meeting Alameda City Council 3 November 7, 2012 The Chief Operating Officer — Alameda Point responded there is a process; the Navy has to comply with the Section 106 historic process before the property can be conveyed, which requires the historic district be submitted for the national register; the Navy has submitted the district; the City had the opportunity to review documents and provided many comments but was not able to change said aspect [regarding Building 5]; the district will have to be designated a local monument as part of the conveyance agreement; the Historical Advisory Board would consider the new map, which includes Building 5 and some of the Seaplane Lagoon, in December; then, the matter would come to Council; just because the Building is a contributing structure to a historic district does not mean there is not flexibility to demolish the Building at some point; there is just an extra process to demonstrate that removal of the building does not undermine the integrity of historic district as a whole. Councilmember deHaan inquired if the Navy would still be obligated to do remediation if the Building is removed, to which the Chief Operating Officer — Alameda Point responded the proposed plan is to leave the slab in place. Consultant Peter Russell, Russell Ressources, stated if the alternatives recommended in the proposed plan are carried forward into the Record of Decision, the slab will be an engineering control that isolates the radiological material under it; the slab will have to be maintained in perpetuity unless it is removed and something equivalent is placed on top or radiological contamination is removed; the Navy's responsibility is simply to ensure that the engineering control is in place and adequate; the City would have to pay to remove the slab and dig up the contamination. In response to Councilmember deHaan's further inquiry, Mr. Russell stated the specifics will be developed as part of a later document; the requirement to maintain the slab will probably only apply to the footprint of the affected storm drains and not necessarily the southern half of the building. Councilmember Johnson stated apparently the Navy is going back to the cleanup method of natural attenuation: leave contamination long enough and eventually it will disappear; the City is objecting and providing comments that it does not support the plan; however, if the Navy sticks to the proposed plan, the building could be demolished but the cap sealing off contaminants could not be removed; everybody agrees that the plan is not good, which is why comments are being submitted. Councilmember deHaan stated the City is asking the uranium portion be cleaned up; a lot of activities which occurred have had remediation action; the area is probably the dirtiest at Alameda Point; the concern is paying for remediation if the building is torn down; the Navy is putting the building on the historical list, so they do not have any obligation to tear it down. The Chief Operating Officer — Alameda Point stated remediating the radiological material under the building would require portions of the building be torn down; the Navy does not want to do so because it would be exorbitantly expensive. Regular Meeting Alameda City Council 4 November 7, 2012 Councilmember Johnson stated the City is requesting a different cleanup than proposed. Councilmember deHaan stated the proposed cleanup is to leave probably 95% of the surface area covered; further stated the City would have to pay if it takes the building down and removes the slab; the building was conveniently added to the historical district; that he would prefer the contamination be remediated and not adaptively reused. In response to Councilmember Johnson's inquiry about the City's response, Mr. Russell stated the proposed plan addresses more than radiological contamination; there is sporadic metals contamination in the soil under the slab; the radiological contamination is more important; if the slab were torn down, addressing the metals contamination would be relatively inexpensive; the location of the radiological contamination in the storm drains is known; removing the contamination once the slab is removed would be exceedingly expensive; outlined the proposed plan to address groundwater contamination and the abandoned industrial waste line; the City is asking the Navy to better characterize the location of the contamination and remove the contamination. Expressed concern about development of the site and support of the letter; urged a firmer response: Richard Bangert, Alameda. Noted there was a study of Building 5; suggested beginning with removal of the contamination under West Tower Avenue: Carol Gottstein, Restoration Advisory Board (RAB). In response to Councilmember deHaan's inquiry regarding cleanup costs, Mr. Russell stated the Navy estimate is $50 million; the letter makes the point that the Navy estimate is biased and elevated. Councilmember deHaan inquired about the cost for the Navy's plan, to which Mr. Russell responded $2 to $5 million; further noted the Navy would be required to conduct 5 year reviews and the City would have to enforce not penetrating the slab; said costs are not included in estimates. In response to Councilmember deHaan's inquiry about lines which have been remediated, Mr. Russell stated lines under the building have not been remediated; outlined remediation which has been completed. Councilmember Tam inquired about the administrative costs, to which Mr. Russell responded the City's cost would be enforcing the land use restriction and inspecting and maintaining the slab. Councilmember Tam stated City is asking the Navy to remove the contaminated lines. Regular Meeting Alameda City Council 5 November 7, 2012 Mr. Russell stated there would be no ongoing costs if the lines are removed. In response to Councilmember Johnson's inquiry, Mr. Russell stated without any investigation, the Navy has assumed all the drain lines are contaminated; the City is asking the Navy to characterize the extent of the problem and address any radiological contamination by excavation and removal. Councilmember Johnson inquired whether the other contaminants under the slab would be addressed separately. Mr. Russell stated the Navy has drilled holes through the slab in 50 to 100 locations to sample the soil; moderate levels of mental contaminants have been found in a minority of the holes; said contaminants would have to be remediated if the slab is removed; the remedy in the proposed plan is to prevent contact with both the metal contaminants and the radiological contamination. In response to Councilmember Johnson's inquiry, Mr. Russell provided history on the construction of the building and the metal contaminants. Councilmember Johnson questioned whether the nature of the contamination had an influence on the historic district list. Councilmember deHaan inquired about remediation which has been done, to which Mr. Russell outlined activities. Mayor Gilmore suggested Mr. Russell provide information and studies to Councilmember deHaan. Councilmember deHaan noted the Navy would pay for the ongoing groundwater remediation; inquired whether said matter needed to be included in the letter. Mr. Russell responded the proposed plan includes cleanup approaches. The Chief Operating Officer — Alameda Point stated the City is comfortable with the Navy's approach and is not commenting on the matter. Councilmember Tam moved approval of the staff recommendation; stated Mr. Russell and the RAB would follow the Navy's response and come back to the Council if a more aggressive approach is needed. Vice Mayor Bonta seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Bonta, Johnson, Tam and Mayor Gilmore — 4. Abstentions: Councilmember deHaan — 1. Councilmember deHaan stated that he abstained because the City needs to research what it plans to do with the buildings. Regular Meeting Alameda City Council 6 November 7, 2012 Mayor Gilmore stated cleanup needs to be addressed regardless of use. Councilmember deHaan stated the historical designation muddies the water. ORAL COMMUNICATIONS, NON - AGENDA •C7iT� COUNCIL REFERRALS None. COUNCIL COMMUNICATIONS •C7iT� ADJOURNMENT There being no further business, Mayor Gilmore adjourned the meeting at 8:01 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 7 November 7, 2012