2008-05-06 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- -MAY 6, 2008- -7:30 P.M.
Mayor Johnson convened the Regular City Council Meeting at 8:08
p.m.
ROLL CALL - Present: Councilmembers deHaan, Gilmore,
Matarrese, Tam, and Mayor Johnson - 5.
Absent: None.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(08 -177) Proclamation declaring May as Older Americans Month.
Mayor Johnson read and presented the proclamation to Sebastian
Baldassarre and Jackie Krause representing Mastick Senior Center.
Councilmember deHaan stated that the Senior Center is rewarding and
draws people not just in Alameda but Oakland also; the activities
keep people young.
(08 -178) Proclamation declaring May 8 through 18, 2008 as
Affordable Housing Week.
Mayor Johnson read and presented the proclamation to Sue Sigler,
Alameda Point Collaborative (APC) Executive Director.
Ms. Sigler stated that affordable housing covers a range of income
levels and different needs; Alameda is the home to the largest
supportive housing community in the East Bay and provides 250 of
all the housing for homeless families in Alameda County; thanked
the community for continued support.
Councilmember deHaan congratulated Ms. Sigler on the breakfast
fundraiser held two weeks ago; stated the number of individual
businesses supporting the APC is impressive.
(08 -179) Proclamation declaring May 11 through 17, 2008 as National
Police Week.
Mayor Johnson read and presented the proclamation to the Police
Chief and Police Department staff.
The Police Chief thanked Council for the proclamation; stated a
Regular Meeting 1
Alameda City Council
May 6, 2008
memorial will be held on May 13 at 10:00 a.m.
CONSENT CALENDAR
Mayor Johnson announced that the Minutes [paragraph no. 08 -180];
recommendation to award Community Block Grant - funded Contract
[paragraph no. 08 -1851; and Resolution Supporting Measure H
[paragraph no. 08 -1931 were removed from the Consent Calendar for
discussion.
Councilmember Matarrese moved approval of the remainder of the
Consent Calendar.
Vice Mayor 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.]
(08 -180) Minutes of the Regular City Council Meeting held on April
1, 2008; and the Special and Regular City Council Meetings held on
April 15, 2008.
Councilmember Matarrese requested that minutes of the April 1, 2008
priority setting discussion be prepared.
Councilmember Matarrese moved approval of the April 15, 2008
Special and Regular City Council Meeting minutes.
Councilmember Gilmore seconded the motion, which carried by
unanimous voice vote - 5.
( *08 -181) Ratified bills in the amount of $4,173,985.77
( *08 -182) Recommendation to accept the Quarterly Investment Report.
Accepted.
( *08 -183) Recommendation to set June 3, 2008 as the Hearing date to
consider collection of delinquent business license fees via
property tax bills. Accepted.
( *08 -184) Recommendation to set June 3, 2008 as the Hearing date to
consider collection of delinquent administrative citation fees via
property tax bills. Accepted.
(08 -185) Recommendation to award Community Development Block
Grant - funded Contract in the amount of $96,400 to AJW Construction,
Inc., and authorize a loo contingency in the amount of $9,640 for
the construction of Disabled Accessible Curbs and ramp for 37
locations at Alameda Point.
Regular Meeting 2
Alameda City Council
May 6, 2008
Councilmember deHaan inquired whether it would be better to use
money generated by the Alameda Point project for access curbs.
The Development Services Director responded knowing when physical
improvements will be made is difficult; stated Community
Development Block Grant (CDBG) funding is focused on architectural
barrier removal to ensure that people have access to public
streets; CDBG funding is focused on low and moderate income areas.
Councilmember deHaan moved approval of the staff recommendation.
Councilmember Matarrese stated it is important to keep an account
of infrastructure improvements being made to land that the City
does not own.
The Development Services Director stated the APC has a long -term,
legally binding agreement.
Councilmember Matarrese stated the City needs to ensure that the
Navy understands what the City is putting into land that the City
does not own.
Sue Sigler, APC Executive Director, stated a number of people use
wheelchairs for transportation and currently ride in the streets
because sidewalks do not have curb cuts; the project is important
to certain members of the community.
Councilmember deHaan stated Council is questioning the funding
sources, not the need; the Alameda Point project is concerning; the
money [CDBG funds] could be used elsewhere if other funding were
available.
Vice Mayor Tam stated there is a clear need for Americans with
Disabilities Act (ADA) access, particularly in the APC area;
inquired whether future generated lease revenues could repay the
CDBG fund so that the money could be used for other services;
stated CDBG funding has been cut at the federal level; limited
resources are stretched.
The Development Services Director responded that she would review
other opportunities; stated CDBG funding has a cap on support
services; opportunities might be available to repay the amount and
spend the money in other ways.
Mayor Johnson stated the ADA is federal law; inquired whether the
federal government should pay to make the property accessible;
stated lease revenues need to pay for maintenance.
Regular Meeting 3
Alameda City Council
May 6, 2008
The Development Services Director stated CDBG funding requires that
a certain amount of money be spent at certain times.
Councilmember Matarrese stated the City needs to request money from
the Navy and document such efforts; a balance sheet is needed; the
City could make deductions when the price of the transfer is
determined.
Councilmember deHaan stated that various organizations requested
funding at the last Council meeting; inquired whether the $100,000
could go to another organization.
The Development Services Director responded in the negative; stated
only a certain percentage can be spent on safety net services.
Mayor Johnson inquired whether the $100,000 could be used on the
West Alameda Neighborhood Improvement Project.
The Development Services Director responded approximately $900,000
has been pledged to said project.
Mayor Johnson stated the City has needs; the preference is to use
federal money on federal property and use City funds for City
projects.
Councilmember Matarrese stated the Navy should be asked to pay [for
improvements] and that a ledger on spending be kept.
By consensus, the motion carried by the following voice vote - 5.
( *08 -186) Recommendation to award Contract in the amount of
$72,692, including contingencies, to Universal Building Services
for janitorial services in City buildings, No. P.W. 01- 08 -01.
Accepted.
( *08 -187) Recommendation to award Contract in the amount of
$205,104, including contingencies, to Enviroscapes, Inc. for
landscape maintenance of median strips and special areas, No. P.W.
01- 08 -02. Accepted.
( *08 -188) Recommendation to adopt Plans and Specifications and
authorize Call for Bids for Rittler Park irrigation and field
renovation improvements, No. P.W. 11- 07 -34. Accepted.
( *08 -189) Resolution No. 14202, "Preliminarily Approve Annual
Report Declaring Intention to Order the Levy and Collection of
Assessments and Providing for Notice of Public Hearing on July 1,
2008 - Island City Landscaping and Lighting District 84 -2."
Adopted.
Regular Meeting 4
Alameda City Council
May 6, 2008
( *08 -190) Resolution No. 14203, "Preliminarily Approve Annual
Report Declaring Intention to Order the Levy and Collection of
Assessments and providing for Notice of Public Hearing on July 1,
2008 - Maintenance Assessment District 01 -01 (Marina Cove)."
Adopted.
( *08 -191) Resolution No. 14204, "Directing Staff to Take Necessary
Steps to Proceed with the Dissolution of the Non - Profit
Corporation, Alameda Senior Citizens, Inc." Adopted.
( *08 -192) Resolution No. 14205, "Approving Continued Participation
in the Alameda County HOME Consortium and Authorizing the City
Manager to Execute the HOME Consortium Cooperative Agreement with
Alameda County." Adopted.
(08 -193) Resolution No. 14206, "Supporting Measure H, the Alameda
Unified School District Temporary Emergency Parcel Tax." Adopted.
David Forbes, Alameda Unified School District Board of Education,
expressed appreciation to the Police Department in providing
services to the School District; stated the State budget is in
worse condition than on January 10; a parcel tax is the only way
the School District can raise revenue; the recommended parcel tax
equates to $10 per month [per parcel] for four years; requested
Council support.
Councilmember Matarrese moved adoption of the resolution.
Vice Mayor Tam stated the City's quality of life is tied to the
quality of schools; it is incumbent upon the community to support
Measure H; waiting for the State to solve the budget will cause
students to suffer.
Vice Mayor Tam seconded the motion.
Under discussion, Councilmember Matarrese stated Assemblymember
Swanson held a hearing on Saturday at Encinal High School; the
State budget is in bad shape; fixing the budget will take a long
time.
Councilmember deHaan noted that the Recreation and Park Department
also supports the School District.
On the call for the question, the motion carried by the following
voice vote - 5.
REGULAR AGENDA ITEMS
Regular Meeting 5
Alameda City Council
May 6, 2008
(08 -194) Recommendation to review Charter Amendments for the
November 2008 Ballot.
Vice Mayor Tam stated the subcommittee is recommending a cleanup
package and is seeking Council direction on seven substantive
changes; outlined non - substantive and substantive changes.
Regarding the seventh substantive amendment to Article 111, Section
15, the Public Works Director stated both Approach A [providing
authority to staff to bind the City] and Approach B [requiring
ratification by Council] would work; the concern with Approach B it
that staff might not be able to get the contact to Council in time
and the $75,000 limit could be exceeded.
Councilmember deHaan inquired which approach is recommended [by the
subcommittee].
Councilmember Gilmore responded the concern with Approach B is that
contractors may be hesitant to commit resources if there is a
question as to whether Council would ratify the action at the back
end; stated Approach A would give staff more flexibility; the
subcommittee did not have a recommendation, but felt it was
necessary to point out the potential disadvantage to Approach B.
Mayor Johnson inquired whether having an ordinance would be better;
stated there should be more flexibility in the Charter.
Councilmember Matarrese stated that he does not see any practical
difficulty with Approach B; getting Council together would not take
long; he cannot see committing to huge job without polling Council.
Mayor Johnson stated a time period is not noted; that she does not
think Approach A is the best choice.
Councilmember deHaan stated there was a lengthy discussion of
Approach B in the past.
Vice Mayor Tam stated a recommendation has been made not to have a
specific provision in the Charter and deal with the matter by
ordinance.
The City Attorney stated that Section 3 -15 requires competitive
bidding; the Charter would need to be amended in order to forego
competitive bidding in an emergency situation.
Councilmember Matarrese inquired whether the intent is to forego
competitive bidding, not forego Council approval of contracts over
$75,000, to which the City Attorney responded in the affirmative.
Regular Meeting 6
Alameda City Council
May 6, 2008
Councilmember Matarrese stated that he prefers Approach B.
Vice Mayor Tam inquired whether Council wants to include seven
measures separate from the cleanup package on the November ballot
and include Approach B, to which Council responded in the
affirmative.
Councilmember Gilmore stated that there would be a total of eight
ballot measures; the first measure would include all the non -
substantive cleanup language; the next seven measures would address
substantive issues and would have individual initiatives.
Mayor Johnson inquired whether all seven issues are substantive,
not administrative, to which the City Attorney responded in the
affirmative.
Councilmember Gilmore stated discussions involved opportunities for
public input; the subcommittee suggested scheduling a meeting in
May, June, or July, depending upon attendance at the first meeting;
the subcommittee was concerned there would be voter fatigue if too
many measures were on the ballot; the subcommittee, with Council
consent, suggested that the City Manager hold a workshop as early
as January 2009 to address the remaining items; Council could
discuss the issues, get clarification, and devise a plan for public
discussion and input.
Councilmember Matarrese stated the notion should be tested for
adding three or four additional items as long as there is a public
workshop on proposed Charter changes; the proposed revision
requiring the appointment of departments heads to be on the advise
and consent of Council is a modernization and transparency in
government that provides checks and balances.
Councilmember Gilmore stated that she respectfully disagrees;
Councilmember Matarrese's suggestion is counter to the foundation
of the Charter; Alameda does not have a strong Mayor or Council
form of government; the citizens would be asked to change the way
the City is governed.
Mayor Johnson stated that she does not see a problem with starting
public discussion.
Councilmember deHaan stated issues could be brought back to Council
after public discussion.
Councilmember Gilmore stated the subcommittee identified Charter
sections that Council wanted to review; other sections of the
Regular Meeting 7
Alameda City Council
May 6, 2008
Charter need to be reviewed for consistency.
Mayor Johnson stated that starting public discussion does not hurt;
she does not agree with all recommendations, such as Board and
Commission issues.
Vice Mayor Tam stated that there is a desire to expand the scope of
the initial workshop beyond the eight identified issues; the City
Attorney's office has other priorities; requested input on the City
Attorney office's ability to support and provide framing of the
2009 issues.
The Senior Assistant City Attorney stated every effort would be
made; the timeline is tight for a final vote by July 15.
Councilmember deHaan stated that he does not believe some of the
issues are difficult.
Vice Mayor Tam stated that consideration needs to be given to
framing the practicalities of the Mayor's and Councilmembers'
compensation.
Councilmember Matarrese stated that he would like to have the
November ballot include the proposed revision requiring the
appointment of department heads to be on the advice and consent of
Council; he will not support the compensation issue.
Councilmember deHaan stated that he was trying to clean up language
and past confusion regarding Section 2 -11; he would like to have
the same language extended to Commissions or to take the section
away.
Mayor Johnson stated that removing the section might be the
solution; State law governs conflict of interest.
Councilmember Matarrese stated the matter is a clean up issue.
Mayor Johnson concurred.
Councilmember deHaan stated Section 12 -4 (d) reads the Public
Utilities Board (PUB) shall "prepare and adopt an annual budget;"
suggested that the Section be changed to state that the annual
budget would be recommended to Council.
Mayor Johnson inquired whether the change would be consistent with
everything else regarding the PUB.
The City Attorney responded that she could not answer tonight.
Regular Meeting 8
Alameda City Council
May 6, 2008
Councilmember deHaan stated the issue is a little more involved;
that he is concerned about having the City Manager sit on the PUB.
Mayor Johnson inquired whether a Charter provision could state that
the PUB recommends a budget to Council for approval.
The City Attorney responded the matter could be reviewed; stated
the question is how soon the Council wants the analysis and whether
it would fit into the July 15 timeline.
Councilmember Matarrese inquired whether the eight provisions
require other work to get the items on the ballot.
The City Attorney responded each ballot measure needs a description
of five hundred words or less.
Councilmember Matarrese stated that he would like to have his
proposed Charter amendment discussed at the workshop.
Councilmember deHaan stated a decision could be made tonight on
Sec. 2 -11; the language could be deleted or made consistent by
adding Commissions.
The City Attorney stated presently there are twenty -six Boards and
Commissions; only four are Charter Boards; the issue is a
significant alteration; language has been drafted already; it is
possible to prepare a description of Councilmember deHaan's intent;
the matter would be a stand alone measure.
Councilmember deHaan stated the idea is to strike the Section and
defer to State law.
The Senior Assistant Attorney stated Section 2 -11 is more
restrictive than State law; the change would be substantive.
Mayor Johnson inquired whether said issue would need to be a
separate item, to which the Senior Assistant Attorney responded in
the affirmative.
Mayor Johnson inquired whether Councilmember Matarrese's item would
be separate item.
The City Attorney responded in the affirmative; stated an analysis
has not been done to see if changing the Charter in one specific
place would require other changes that have to do with the existent
City Manager authority.
Regular Meeting 9
Alameda City Council
May 6, 2008
Mayor Johnson stated people complain to Council regarding aspects
of City government; Council has no control over the matter because
of the way the Charter is drafted; Council always get the blame
when bad things happen even though Council has no control.
Councilmember Matarrese stated that he prefers to think of the
matter in terms of accountability.
Mayor Johnson stated that Council needs to have more power to hold
people accountable.
Vice Mayor Tam stated that the Charter gives the Council authority
to hold the City Manager, City Attorney, and City Clerk
accountable.
Michael John Torrey, Alameda, stated that he would hold his
comments until the public workshops.
Bill Smith, Alameda, discussed community involvement.
Councilmember Gilmore stated the proposed Article 7 revision should
be discussed at the next workshop; Council wants to delete the
Section 2 -11 provision and see what can be done to place the matter
on the 2008 ballot; stated she did not hear any consensus from
Council regarding Board and Commission nominations.
Mayor Johnson stated Board and Commission nominations would create
a rotating Mayor; the City has a directly elected Mayor; she would
be opposed to the change; the matter would create a hybrid system
and a rotating mayor process.
Councilmember deHaan stated that he would like to have further
discussion on the matter.
Vice Mayor Tam stated the direction is for the subcommittee to
review three or four items in addition to the eight items being
considered for a public workshop.
Mayor Johnson stated the additional items could be discussed at the
workshop.
Councilmember Gilmore stated a lot depends on how quickly workshops
are scheduled and the City Attorney's workload.
Vice Mayor Tam suggested the seven items and cleanup package be
discussed at the first workshop; stated the City Attorney's office
would have additional time to frame and research Charter
consistency of the other items raised and place the items on a
Regular Meeting 10
Alameda City Council
May 6, 2008
subsequent workshop before July 15.
Mayor Johnson, Councilmember Matarrese, and Councilmember deHaan
concurred with Vice Mayor Tam's suggestion.
Councilmember Gilmore stated that she would like to have the
ability to preview Council on what will be presented at the second
workshop if there is enough time between the first and second
workshop.
Councilmember Matarrese stated there is consensus that the clean up
language and the other seven items will be on the November ballot.
Vice Mayor Tam noted that the City Manager is having budget
workshops in the next few months.
Mayor Johnson stated there might be an Alameda Power and Telecom
item for the November 2008 ballot.
Vice Mayor Tam stated it is important that the voters do not get
fatigued.
Mayor Johnson stated that she would not be surprised if a third
round of Charter amendments was needed.
(08 -195) Recommendation to consider Call for Review of
Transportation Commission's decision regarding proposed parking
restrictions along Central Avenue to improve traffic circulation
and emergency access.
The Supervising Civil Engineer gave a brief presentation.
Mayor Johnson stated the Transportation Commission did not vote to
deny the staff recommendation; there were not enough votes to
accept the recommendation; a motion to deny the staff
recommendation was not made.
The Supervising Civil Engineer stated the final vote was five to
two not to support the staff recommendation.
Mayor Johnson stated it is important to be clear on what is
consensus and what is direction; expressions are not direction.
Councilmember Gilmore stated the environmental document notes that
there will be half a block queing in 2020; inquired whether said
document considered the historic theater and Cineplex no parking
zone.
Regular Meeting 1 1
Alameda City Council
May 6, 2008
The Supervising Civil Engineer responded the analysis focused on
significant criteria; stated traffic signal operations were
reviewed; parking in front of the theater was not addressed because
the issue was not significant.
The Police Lieutenant gave a brief presentation.
Vice Mayor Tam stated the traffic study assumed 1000 occupancy in
2005 and found that there was no emergency access impact; the
Transportation Commission looked at unintended safety consequences
from creating a defacto right -turn lane; Oakland Chinatown has an
incredible amount of pedestrian traffic; the Metropolitan
Transportation Commission put in bulb -outs; viewing bulb -outs as
being a potential problem seems counter intuitive.
Mayor Johnson stated John Knox -White thinks that Central Avenue is
effectively being widened, which is unsafe.
The Police Lieutenant stated the lane widths would remain exactly
the same whether there is metered parking or passenger loading
zones.
Mayor Johnson stated that Mr. Knox -White stated that the proposed
right -turn lane creates a possible safety hazard for pedestrians by
increasing the number of traffic lanes.
The Police Lieutenant stated people go around stopped traffic by
crossing bike lanes, which is perfectly legal; the Transportation
Commission's main focus was on pedestrian and bicycle traffic;
congestion is expected in a downtown area and can be a good thing
for overall safety because traffic slows down; the concern is that
emergency vehicle access would be impeded.
Mayor Johnson stated adjustments can be made; bulb -outs would
create a problem.
The Police Lieutenant stated there is concern about whether the
Fire Department could make the right turn in the event of an
emergency at the garage or the 1400 block of Oak Street.
Mayor Johnson stated that merging in and out [of the bike lane] is
a safety issue; there is no disagreement about the parking on
Central Avenue.
Councilmember deHaan stated the bicycle lane could be crossed three
times just to get around the corner.
The Police Lieutenant stated enforcement would be increased; the
Regular Meeting 12
Alameda City Council
May 6, 2008
vehicle code allows for three circumstances when crossing a bike
lane: 1) entering and existing the roadway; 2) parking; 3) setting
up for a turn when within 200 feet of an intersection.
Councilmember Gilmore inquired whether emergency vehicles would not
use any part of the loading zone, to which the Police Lieutenant
responded in the negative.
Councilmember deHaan stated that many intersections have defacto
turn lanes that work well.
Mayor Johnson stated there are defacto turn lanes everywhere in
Alameda.
Michael Krueger, Alameda, stated that he does not oppose parking
removal, loading and drop zones, or emergency access; he is
concerned with the creation of the defacto right turn lane; other
alternatives should be explored, i.e., bulb -outs or an official
right turn lane; a temporary measure could be taken with the intent
of a more elegant solution in the future; he would like to see the
drop off zone and emergency access in place for the grand opening
[of the theater].
Mayor Johnson stated that the Police Department believes their
recommendation is safer.
Ricardo Pedevilla, Bike Alameda, stated that he is concerned with
the loading zone.
Debbie George, Park Street Business Association (PSBR), stated that
PSBR supports the staff recommendation.
Robb Ratto, PSBR, stated the Transportation Commission did not
recommend anything at its last meeting; that he made a motion to
accept the staff recommendation, which was seconded by another
member; the vote was lost five to two; the Transportation
Commission decided to move on to other business; he does not think
that an emergency vehicle would be able to make a right -hand turn
with a bulb -out at the corner; suggested that the issue be reviewed
after 90 days.
Kyle Conner, Cineplex Developer, stated that he concurs with the
Police and Fire Department recommendation.
Councilmember Matarrese stated that he has concerns regarding the
right -hand turn lane onto Oak Street; he does not like bulb -outs or
people crossing in and out of bike lanes; Oakland's Chinatown has a
scramble -type intersection that works very well; he would like to
Regular Meeting 13
Alameda City Council
May 6, 2008
have some type of signal and pedestrian management to ensure that
the rules are clear on yielding to pedestrians trying to cross from
the Twin Towers side to the Cineplex; the Central Avenue and Oak
Street intersection differs from Oak Street and Santa Clara Avenue;
he likes the recommendation for the loading zone and parking zone;
inquired whether the area could be signalized.
The Supervising Civil Engineer responded a sign would be installed
to remind motorists to yield for pedestrians.
Councilmember Matarrese inquired whether a signal would be an
option.
The Supervising Civil Engineer responded pedestrian volumes need to
be reviewed.
Mayor Johnson stated the [Oakland Chinatown] scramble -type
intersection works well; the City of Oakland had people directing
and providing information to pedestrians on how to use the
intersection.
Vice Mayor Tam stated a Metropolitan Transportation Commission
grant provides for the construction of bulb -outs at the Chinatown
intersection to allow for pedestrian safety.
Mayor Johnson stated the streets are very wide in the Chinatown
area.
The Supervising Civil Engineer stated that the scramble -type
intersections are successful if surrounding streets are not close
to an area such as Park Street.
Councilmember Matarrese stated the concept is to protect the
crossing in front of the right -hand turn.
Councilmember deHaan stated a formal right -hand turn lane could be
reviewed and should be included in the analysis.
Councilmember Matarrese moved approval of the staff recommendation
with the following direction: a report be brought back ninety days
after the Theater opens; the Police Department is to provide
enforcement and education; and that any mitigations brought back be
reviewed by interested parties.
Councilmember deHaan seconded the motion.
Under discussion, Vice Mayor Tam stated that she will not support
the motion; the 2005 traffic and parking study did not identify an
Regular Meeting 14
Alameda City Council
May 6, 2008
access issue; a change is being proposed with the idea of waiting
to see if the change is problematic; the process seems a little
backwards; she does not understand why the Police and Fire
Departments went to the Transportation Commission rather than
Council; there was not enough time to have a full discussion to
provide strategic alternatives that would make sense for everyone.
Mayor Johnson stated the Transportation Commission did not make a
recommendation; that she does not think the Police Department's
recommendation should be portrayed as wait and see; the Police
Department is recommending what they believe is safe.
Councilmember Matarrese stated that his motion is not intended to
be a wait- and -see approach and includes having Police Department
representatives at the intersection at peak times to provide
information, direct traffic, and provide enforcement as needed; he
does not support putting in hard construction measures without
additional data.
Councilmember Gilmore stated that she is in favor of the commercial
and passenger loading zones; she is concerned about the extra red
curbing on the corner because of people pulling out around cars
making left turns, the defacto right -turn lane, and pedestrians
crossing the street; she would not want to put in hard construction
measures but would be in favor of putting in some planters to
prevent the defacto right turn lane; she will not support the
motion.
On the call for the question, the motion carried by the following
voice vote: Ayes: Councilmembers deHaan, Matarrese, and Mayor
Johnson - 3. Noes: Councilmembers Gilmore and Tam -2.
(08 -196) Public Hearing to consider Green Building Requirements
for City building projects, Capital Improvement Projects, and
public - private partnerships and adoption of a 75% waste diversion
goal;
(08 -196A) Resolution No. 14207, "Establishing
Reduction of Waste Going to
Alameda in Accordance with
Goal." Adopted; and
Landfills by 2010
the Countywide 750
a Goal of 750
for the City of
Waste Reduction
(08 -196B) Introduction of Ordinance Amending the Alameda Municipal
Code by Amending Chapter XIII (Building and Housing) by Creating a
Civic Green Building Ordinance. Introduced.
The Supervising Planner gave a brief presentation.
Councilmember Gilmore inquired how much the Leadership in Energy
Regular Meeting 15
Alameda City Council
May 6, 2008
and Environmental Design [LEED] criteria adds to the construction
cost, to which the Supervising Planner responded the ordinance
would mandate the minimum level.
Councilmember Matarrese inquired how the $3 million figure was
arrived.
The Supervising Planner responded the model ordinance was used from
Stopwaste.
Mayor Johnson inquired whether the proposed ordinance would apply
to the buildings at the former Base, to which the Supervising
Planner responded in the affirmative.
Councilmember Matarrese inquired whether exceptions would be made
for housing developments that have a single builder with individual
homes that do not exceed the $3 million.
The Supervising Planner responded the Shensei Gardens Apartments
and Bayport would fall under the proposed ordinance.
Councilmember Matarrese inquired whether the six unit affordable
housing project on Buena Vista Avenue would be looked at as a
whole.
The Supervising Planner responded in the negative; stated each unit
has a separate permit.
In response to Councilmember deHaan's inquiry about the 75% waste
diversion goal, the Environmental Services Manager stated the 750
reduction goal is already in place for the City as a whole.
Vice Mayor Tam stated that the City is not that far from the
proposed 75% goal.
The Environmental Services Manager stated the City's diversion rate
is 680.
Mayor Johnson stated some cities have not adopted food waste
recycling; Alameda is leading the pack in recycling.
Vice Mayor Tam moved adoption of the resolution and introduction of
the ordinance.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
(08 -197) Recommendation to
review options
Regular Meeting 16
Alameda City Council
May 6, 2008
for community
participation in implementation of the Local Action Plan for
Climate Protection.
The Planning and Building Director gave a Power Point presentation.
Bill Smith, Alameda, discussed alternative energy.
Councilmember Matarrese stated that he appreciates and supports the
proposed committee structure; the partnership provides the broadest
possible scope for dealing with a community issue, not just a City
issue; he appreciates having tasks aligned with priorities as well
as due dates; measuring the progress to the plan will be very
effective; he would like to see a way to add a more detailed
breakdown of the steps that go to accomplishing some of the items
from the City side as well as the public side; he appreciates all
the work done by the Task Force and staff.
Councilmember deHaan stated Assembly Bill 32 requires getting back
to the 1990 level; inquired what was the level of emissions at that
point.
The Planner I responded staff was unable to calculate back to 1990
because there is a lack of data from PG &E.
Vice Mayor Tam stated that forming a public - private partnership
makes the most sense since the City's facilities are only 30 of the
overall impact; she would like to see if there is a way the broader
group can provide some feedback to the City's Capital Improvement
Projects to see if there are opportunities to implement some of the
actions.
The Planning and Building Director stated the annual and bi- annual
budget review provide a perfect opportunity to start working with
the whole group.
Vice Mayor Tam moved approval of the staff recommendation.
Councilmember Matarrese seconded the motion.
Under discussion, Councilmember Gilmore stated that she appreciates
the amount of work done; she is sensing a lot of enthusiasm from
staff as well as the former Climate Protection Task Force; the
enthusiasm will translate well into the larger community.
Councilmember Matarrese suggested some type of public recognition
for the work done by the Task Force; requested that the
presentation be posted to the website and that future Power Point
presentations be included in the packet.
Regular Meeting 17
Alameda City Council
May 6, 2008
On the call for the question, the motion carried by unanimous voice
vote - 5.
(08 -198) Resolution No. 14208, "Opposing Proposition 98 and
Supporting Proposition 99." Adopted.
The Deputy City Manager gave a brief presentation.
Mayor Johnson inquired whether CalTrans would be able to use
eminent domain to do road improvements under Proposition 98.
The Deputy City Manager responded said improvements would be more
difficult and costly.
Mayor Johnson stated the City's redevelopment ordinances do not
allow taking of residential property.
Councilmember Matarrese moved adoption of the resolution.
Councilmember deHaan seconded the motion, which carried by
unanimous voice vote - 5.
ORAL COMMUNICATIONS, NON- AGENDA
(08 -199) Robb Ratto, PSBR, stated C -C Zoning was created for the
Park Street Business District; a Park Street Business District
member was informed that a Use Permit is needed to change an
address; the Use Permit would cost $1,800; the business should have
been included as an approved usage, especially on a second floor;
there is not enough differentiation between first floor non - retail
and second floor usage; requested that staff be directed to work
with PSBR to rewrite portions of the C -C Zoning.
Mayor Johnson stated that she is familiar with the issue.
Mr. Ratto stated yoga studios should have been included as
permitted uses on second floors.
The City Manager stated that staff would follow up on the matter.
(08 -200) Michael John Torrey, Alameda, extended Happy Mother's Day
wishes.
(08 -201) Bill Smith, Alameda, discussed global wealth.
COUNCIL REFERRALS
None.
Regular Meeting 18
Alameda City Council
May 6, 2008
COUNCIL COMMUNICATIONS
(08 -202) Consideration of Water Emergency Transportation Authority
Community Advisory Committee appointment.
Mayor Johnson suggested that Councilmember Gilmore be appointed to
the Committee and Councilmember deHaan serve as the alternate.
Councilmember Matarrese moved approval of appointing Councilmember
Gilmore as the City's representative and Councilmember deHaan as
the alternate.
Vice Mayor Tam seconded the motion, which carried by unanimous
voice vote - 5.
(08 -203) Consideration of Mayor's nomination for appointment to
the Planning Board.
Mayor Johnson nominated Arthur A. Autorino.
(08 -204) Councilmember Gilmore stated that she attended the
Association of Bay Area Governments (ABAG) Spring General Assembly
on April 24; discussions included focused, priority development
areas; speakers explained that change should not be confused with
growth because change does not always equal growth; change can
happen without growth; growth should be discussed in terms of
quality of life, rather than number of businesses; communities
should know that change or growth may require trade offs.
(08 -205) Vice Mayor Tam stated that she attended the April 2
Environmental Policy Committee for the League of California Cities;
the League is converging on supporting legislation that would
extend universal waste disposal responsibility to the original
producer so that cities and counties are not left with
responsibility and costs for disposal alternatives; the diversion
rate was also discussed; Alameda has an exceptional record; stated
that she attended the League of California Cities Legislative
Action Day on April 16; the budget overshadowed the conversation;
Finance Director Michael Genest gave his prospective on the grim,
Statewide budget; Mr. Genest stated that the Vehicle License Fee
tax cut is the most significant cause of State budget problems; a
balanced budget is not anticipated this summer; stated that she
attended the April 28 luncheon for Breathe California; Alameda
Power and Telecom received an award for achieving approximately 700
renewable resources.
(08 -206) Councilmember Gilmore stated that she attended the
Regular Meeting 19
Alameda City Council
May 6, 2008
Oakland Airport Community Noise Management Forum on April 16; the
community watchdog group works very hard with the Port of Oakland,
and specifically the airport, to track flight compliance procedures
over Alameda, San Leandro, and the rest of the East Bay; a Federal
Express pilot gave a presentation regarding the current number of
old, noisy airplanes and when said planes would be disposed.
(08 -207) Mayor Johnson stated that she attended the Northern
California Power Agency Legislative Advocacy Conference; Alameda
should be very proud of receiving the Breathe California award;
Senator Feinstein's or Senator Boxer's office inquired about a
proposal to have environmental block grants distributed directly to
cities; a letter should be sent supporting the proposal because the
grants would help with environmental sustainability initiatives;
the issue was discussed at the Mayor's Conference.
The Deputy City Manager stated a $2 billion authorization passed
approximately a year ago; currently, work is being done on
appropriations of said funds.
ADJOURNMENT
There being no further business, Mayor Johnson adjourned the
Regular City Council Meeting at 11:26 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Regular Meeting 2 0
Alameda City Council
May 6, 2008