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2003-10-21 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - OCTOBER 21, 2003 - - 7:30 P.M. Mayor Johnson convened the Regular Meeting at 8:23 p.m. ROLL CALL - Present: Councilmembers Daysog, Gilmore, Kerr, Matarrese and Mayor Johnson - 5. Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (03 -465) Presentation by the Domestic Violence Task Force regarding Domestic Violence Awareness Month activities. Cindy Lambdin, Chairperson of the Domestic Violence Task Force, submitted resource information to Council and gave a presentation on domestic violence awareness activities. CONSENT CALENDAR Mayor Johnson announced that the recommendation to authorize the Mayor to send a letter opposing Assembly Bill 1160 [paragraph no. 03 -4671 was removed from the Consent Calendar for discussion. Councilmember Kerr moved approval of the remainder of the Consent Calendar. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *03 -466) Minutes of the Special City Council Meeting (Closed Session) ; the Special Joint City Council, Community Improvement Commission (CIC) and Housing Authority Board of Commissioners Meeting; the Special Joint City Council, Alameda Public Financing Authority and CIC Meeting; the Regular City Council Meeting; and the Special City Council Meeting (Study Session) held on October 7, 2003. Approved. (03 -467) Recommendation to authorize the Mayor to send a letter opposing Assembly Bill 1160, Second Unit Ordinance Restrictions Regular Meeting Alameda City Council 1 October 21, 2003 Regulation. Councilmember Kerr stated AB 1160 is phrased to override local zoning ordinances; it is important that cities maintain land use control; the bill could seriously disrupt neighborhoods and is an example of the State trying to overturn the autonomy of charter cities. Councilmember Kerr moved approval of the staff recommendation. Councilmember Matarrese seconded the motion. Under discussion, Councilmember Matarrese stated the Council should represent the citizens directly in neighborhood decisions. Mayor Johnson stated local control of zoning issues is very important; thanked Councilmember Kerr for raising the matter. On the call for the question, the motion carried by unanimous voice vote - 5. ( *03 -468) Recommendation to approve Annual Report on Managed Investment Portfolio. Accepted. ( *03 -469) Ratified bills in the amount of $3,158,078.58. REGULAR AGENDA ITEMS (03 -470) Resolution No 13640, "Reappointing Robert M. Wood as a Member of the City Golf Commission." Adopted. Councilmember Kerr moved adoption of the Resolution. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. (03 -471) Resolution No. 13641, "Reappointing Jay L. Ingram as a Member of the City Recreation and Park Commission." Adopted. Councilmember Kerr moved adoption of the Resolution. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. (03 -472) Resolution No. 13624, "Reappointing Bruce C. Reeves as a Member of the City Recreation and Park Commission." Adopted. Vice Mayor Daysog moved adoption of the Resolution. Regular Meeting Alameda City Council 2 October 21, 2003 Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. (03 -473) Public Hearing to consider establishment of City of Alameda Community Facilities District No. 03 -1 (Bayport Municipal Services District); Adoption of Resolution of Formation of Community Facilities District; Adoption of Resolution Calling a Special Election; and Adoption of Resolution Declaring Results of Special Election and Directing Recording of Notice of Special Tax Lien. Continued to November 4, 2003. Councilmember Kerr moved that the matter be continued to November 4, 2003. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. Special Counsel, Chip Eady of Nixon Peabody LLC, requested that Council open the Hearing and then continue the Hearing until the next meeting. Mayor Johnson stated the matter is a Public Hearing regarding the formation of Community Facilities District No. 03 -1 to be known as the Bayport Municipal Services District; opened the Public Hearing; inquired whether the Clerk has received any written protests or speaker slips. The City Clerk responded in the negative. In a substitute motion, Councilmember Kerr moved that the Public Hearing and matter be continued to November 4, 2003. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. (03 -474) Recommendation to approve a General Fund Loan for Alameda Power and Telecom Financing. The City Manager stated Alameda Power and Telecom (AP &T) is a City department; the loan allows the project to continue at a reduced cost to the City; reserves are available [in the General Fund]; the City makes a number of interdepartmental loans; the loan is short - term and will allow AP &T to finish construction. Len Grzanka, Alameda, stated AP &T wants to borrow $7 million from the City's reserves to finish the cable television infrastructure; in the fiscal year ending June 2003, AP &T lost $7 million on cable Regular Meeting Alameda City Council 3 October 21, 2003 television and ended up raising electric rates to cover AP &T's contribution to the General Fund; AP &T will raise electric rates to repay the loan; suggested that the Council direct AP &T to manage cable television costs more closely and use revenues from cable television operations to finance the buildout; provided a history of AP &T entering into cable television; submitted a copy of his comments to the City Clerk. Karin Lucas, Public Utilities Board President, urged Council to approve the loan; requested Consultant David Stockton of Uptown Services, be permitted to discuss the feasibility study prepared for AP &T. Mr. Stockton stated his company conducted due diligence on the business plan and current operation; the current operating performance was reviewed and compared to larger cable systems and other municipal utilities; the business plan forecast was confirmed; no areas of operating performance were found which would substantiate any unusual risk; provided a summary of the study's metrics. Vice Mayor Daysog stated the cost to buy out Vectren was $8 million; inquired whether the $7 million loan amount was in addition to the $8 million buyout. The AP &T General Manager stated that at the time of the buyout, the remaining construction cost for system buildout was $10 million and with additional costs, the total was $12.89 million; an operating payment also must be made to Vectren over five years; construction costs were included in the proposed $10 million; the loan changes the vehicle AP &T will use to finance the costs; the original intent was to refinance in the private market; the loan would be a different vehicle with a lower interest rate. Vice Mayor Daysog stated past comprehensive audits show AP &T's sustained earnings are significant; inquired why AP &T needs to dip into the General Fund reserves. The AP &T Competitive Strategies and Administration Manager stated the retained earnings represent the accrued investment in the electric utility overtime; during the financing process, the City Council established a requirement that there be no recourse to the electric utility; said requirement prohibits AP &T from using retained earnings. Vice Mayor Daysog inquired whether the Council could revisit the policy issue, to which the City Manager responded in the affirmative. Regular Meeting Alameda City Council 4 October 21, 2003 The City Manager stated originally, the idea was to create financial firewalls; [no recourse to the electric utility] was one of the firewalls created, which was a policy decision. Vice Mayor Daysog stated former Mayor Ralph Appezzato insisted on the firewall to ensure that the cable operation works on its own and does not jeopardize the electric business; the firewall was a wise idea; however, $7 million is needed for construction; the rule should be revisited; subsidy is needed and he would rather it come from AP &T's funds. The AP &T Competitive Strategies and Administration Manager stated that without recourse to the electric utility assets, AP &T would have to use an un -rated private market, which has much higher interest rates; electric utility assets could be used in a rated market and would be able to secure an interest rate more commensurate with the current bond market. Vice Mayor Daysog stated there could be multiple flips; the City could issue the bond and immediately have access to AP &T's retained earnings in order to save $1 million in financing costs. The AP &T General Manager stated there are no assets or customers for the $7 million, yet; until buildout there are no assets or customers. Vice Mayor Daysog stated if $7 million is used from the General Fund, AP &T should reimburse the City immediately. The AP &T Competitive Strategies and Administration Manager stated the retained earnings do not represent a cash balance. Vice Mayor Daysog inquired what is AP &T's cash balance, to which AP &T Competitive Strategies and Administration Manager stated $7 to $8 million. Councilmember Kerr stated part of the financing includes paying for the original $16 million; inquired whether the cable business has been able to generate any revenue to pay for capital infrastructure costs. The AP &T General Manager responded in the negative; stated revenues pay for operating expenses; 16,000 customers is the breakeven point; in 2006 -07, AP &T should be able to start repaying capital. Councilmember Kerr stated the original estimate was 500 of television owners in Alameda need subscribe to AP &T to breakeven; Regular Meeting Alameda City Council 5 October 21, 2003 50% is the maximum number of households that have cable in line -of- sight cities; the breakeven number has changed in every report and seems to be a moving target; she is concerned about infrastructure costs not being paid off from revenue; $16 million is still outstanding; $7 million more is requested; that she supported the firewall concept; using the electric rate payers for a loan is no different than using municipal credit [General Fund money]; the General Fund is being threatened; the City needs to pay for police and fire services; a promise was made that telecom would be treated as a business; borrowing from the General Fund is not treating it as a business. Mayor Johnson inquired what is the projected revenue upon buildout, to which the AP &T General Manager responded around $13 million. Mayor Johnson inquired how much revenue is needed to break even, to which the AP &T General Manager responded $12 million. Mayor Johnson inquired whether the loan would be used all at once, to which the AP &T General Manager responded in the negative. Mayor Johnson inquired whether AP &T plans to re -issue bonds, to which the AP &T General Manager responded bonds would be issued on the entire amount [$23 million] after five years. Mayor Johnson stated the City's managed assets had a return rate greater than 50; inquired whether managed assets are a comparable source of money. The Finance Director responded the managed portfolio earned about 60; however, the average return was 4.03% after taking into consideration certificates of participation. Councilmember Gilmore inquired what would be the interest rate for the loan, to which the Finance Director responded the cap is 5%. Councilmember Matarrese inquired how long the City's $7 million would be tied up, to which the AP &T General Manager responded five years. Councilmember Gilmore inquired how long it would take to complete buildout, to which AP &T's General Manager responded 20 months. Councilmember Gilmore inquired whether the entire loan amount would be for buildout, to which the AP &T General Manager responded in the affirmative. Councilmember Gilmore stated the Federal Communications Commission Regular Meeting Alameda City Council 6 October 21, 2003 has mandated that everything go to HDTV [High Definition Television] by 2007; inquired whether AP &T will review the matter and how AP &T will pay for implementation. The AP &T General Manager responded the costs have been included in the operating costs and breakeven budget. Vice Mayor Daysog inquired whether AP &T developed scenarios in the event the Council changed the policy to allow AP &T to use its [electric] money; inquired whether there might be a scenario using some AP &T reserves and requesting less General Fund revenue. AP &T Competitive Strategies and Administration Manager responded relaxing the firewall would impact the electric utility's credit rating; said matter would need to be analyzed. Vice Mayor Daysog stated credit rating impacts should be analyzed. Mayor Johnson inquired how much of the loan would be used during the next six months, to which the AP &T General Manager responded approximately one - third. Councilmember Gilmore inquired what would be the impact of getting a higher interest rate loan in the private market and whether [telecom] rates would be raised. The AP &T General Manager responded the higher interest rate would be about $1 million, which would require AP &T to raise [telecom] rates; higher rates become less competitive. Mayor Johnson suggested that the City loan the amount needed for the first six months while AP &T reviews the impacts of using electric revenue. AP &T Competitive Strategies and Administration Manager stated there has been discussion of relaxing the firewall and a guarantee for the loan repayment; if Council is willing to relax the firewall, AP &T could guarantee $7 million in electric revenues; said scenario assures repayment; AP &T believes said scenario would not be used because there will be telecom revenue to repay the loan; at the end of five years, AP &T will be in a good position to issue revenue bonds for the full $23 million. Vice Mayor Daysog stated residents want AP &T to be in the cable television business; the rates and service are better; suggested that the ideas raised tonight be reviewed and the matter return in two weeks; that he prefers AP &T use its own money to the extent possible. Regular Meeting Alameda City Council 7 October 21, 2003 Mayor Johnson stated the longer the delay, the longer AP &T will be operating in deficit. The AP &T General Manager stated customers waiting for a long time might choose to go with a competitor. Mayor Johnson stated two weeks should not make a difference, but there should be a plan to move forward shortly. Councilmember Kerr stated that as an electric ratepayer, she does not want to subsidize the cable television business; households can live without television and computer connections, but cannot live without electric power; electricity is a necessity; before the energy crisis, there were concerns about the stability of the power business. The City Manager suggested that the matter be continued for two weeks. Mayor Johnson stated that more than $1 million in interest costs should not be added to costs; installation needs to move forward; until the system is built out, AP &T will be losing money. Councilmember Gilmore stated that she is intrigued by relaxing the firewall and guaranteeing the loan by [electric] revenues; she would like to know if the timeline for repayment would be revised if the electric revenues are used as a guarantee, e.g. could the loan be repaid sooner and paid back in installments; that she would like to know whether said plan would damage the electric utility's bond rating. Sebastian Baldassare, Public Utilities Board member, noted AP &T getting a loan at 8% would damage the City and that AP &T contributes over $2 million to the General Fund each year. Mayor Johnson stated the consensus seems to be that the Council does not want AP &T to get a loan at 80. Councilmember Kerr stated enterprises, such as the golf course and AP &T, are expected to contribute to the City's General Fund; AP &T has not made a profit on above - ground infrastructure; noted the next phase will require underground cabling, which is more expensive; inquired how underground cabling will provide profit. The AP &T General Manager responded the assumption has been that buildout of the entire system would provide profit, regardless of undergrounding. Regular Meeting Alameda City Council 8 October 21, 2003 Mayor Johnson stated buildout would provide the number of customers needed to surpass the breakeven point. Councilmember Gilmore noted that she has the service, which is excellent; in two years, she has never experienced an outage. Councilmember Matarrese stated good questions have been raised; there is too much invested not to complete the investment; the service has become more of a necessity; there should be a way to finance buildout without putting the City at undue risk; the City should find a way around $1 million in financing costs. (03 -475) Ordinance No 2907, "Amending the Alameda Municipal Code by Amending Subsection 30 -57.7 (Exemptions) of Section 30 -57 (Alameda Water Reuse), of Article IIIA (Alameda Water Reuse) of Chapter XXX (Development Regulations) Relating to Water Reuse." Finally passed. Councilmember Kerr moved final passage of the ordinance. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. (03 -476) Ordinance No. 2908, "Amending Ordinance No. 2776 N.S. Granting a 5 -Year Extension of Non - Exclusive Cable Television Franchise to United Cable Television of Alameda, Inc. d /b /a Comcast Corporation." Finally passed. Councilmember Kerr moved final passage of the ordinance. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote - 5. (03 -477) Ordinance No. 2909, "Approving a Purchase and Sale Agreement with Harbor Bay Storage LLC and Joint Escrow Instructions for Sale of Parcels 109 -5 (Harbor Bay Storage Leased Fee Interest), Parcel 109 -2 (Old Maitland Drive), and Parcel 109 -4 (a Remainder Parcel), and Directing the City Manager to Execute all Necessary Documents to Implement the Transaction." Finally passed. Councilmember Gilmore moved final passage of the ordinance. Councilmember Matarrese seconded the motion. Under discussion, Councilmember Matarrese stated hopefully the sale will provide cash that might be used in the future to augment open space. Regular Meeting Alameda City Council 9 October 21, 2003 On the call for the question, the motion carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON- AGENDA (03 -478) Darlene Banda, Alameda, requested that when Council discusses the Measure A study, speakers be required to indicate whether they are Alameda residents or whether they represent special interest groups. COUNCIL COMMUNICATIONS (03 -479) Consideration of Mayor's nomination for appointment to the Civil Service Board. Held Over. (03 -480) Consideration of the Mayor's nomination for appointment to the Planning Board. Mayor Johnson nominated Gina M. Mariani for appointment to the Planning Board. (03 -481) Consideration of Mayor's nomination for the Social Service Human Relations Board. Mayor Johnson nominated Robert A. Bonta for appointment to the Social Service Human Relations Board. (03 -482) Consideration of Mayor's nominations (5) for the Public Art Advisory Committee. Mayor Johnson nominated Cecilia Y. Cervantes, Katina Huston, Karen T. Lee Schutz, K.C. Rosenberg and Peter T. Wolfe for appointment to the Public Art Advisory Committee. (03 -483) Vice Mayor Daysog stated that he previously raised concerns about the bidding process for bond financing; requested a review of the existing policies and establishment of a resolution regarding bond underwriters bid in a competitive process; suggested the resolution language allow leeway for Council to decide not to use the competitive bid process; stated deciding not to use a competitive bid process should be a Council decision. The City Manager stated that he is in the process of reviewing the City's financial policies. Vice Mayor Daysog stated the City Council should have to opportunity to make the decision of who underwrites bonds; if staff recommends not to use a bid process, the decision should be made by Regular Meeting Alameda City Council 10 October 21, 2003 Council prior to proceeding; there are going to be times when the legal complexity requires selection without bid; however, it should be a decision of the Council and a policy should be established for future Councils. (03 -484) Councilmember Kerr stated October 30 is the last date that the tubes will be closed [for retrofitting]; the date is not firm, but a celebration might be planned for October 31 at 11:00 a.m.; encouraged everyone to attend the opening. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Regular Meeting at 9:43 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 1 1 October 21, 2003