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
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COUNCIL REFERRALS
None.
COUNCIL COMMUNICATIONS
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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