2008-08-05 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- - AUGUST 5, 2008- -7:30 P.M.
Mayor Johnson convened the Regular Meeting at 7:38 p.m.
Councilmember deHaan led the Pledge of Allegiance.
ROLL CALL - Present: Councilmembers deHaan, Matarrese, Tam and
Mayor Johnson - 4.
Absent: Councilmember Gilmore - 1.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(08 -321) Presentation by East Bay Municipal Utility District
(EBMUD) Representative Doug Linney regarding drought.
Doug Linney, EBMUD Ward 5 Representative, discussed the current
water shortage.
Mayor Johnson inquired whether Homeowner Associations are on board
with water conservations measures.
Mr. Linney responded all Associations have been encouraged to get
in contact with EBMUD because they have better opportunities to
save more water.
Councilmember deHaan stated recycled water from the Davis plant is
used at the Golf Course; inquired when landscaping grade recycled
water would be available.
Mr. Linney responded there are plans for recycled water to go to
Alameda Point, but he is not aware of plans to go to the Golf
Course; that he has asked staff to look into the complaints about
the water causing some salinity; staff ensures him that they are
working on the matter and the issue can be solved without bringing
in water from the other plant.
Vice Mayor Tam stated EBMUD requested Public Works staff to cease
using fire hydrants for street sweeping purposes, which is an
essential service to meet water quality requirements; inquired
whether there is a way to allow Public Works to get recycled water
at the Golf Course instead of having the trucks get water near the
Bay Bridge; further inquired whether an interim measure could be
put in place until the matter is resolved.
Mr. Linney responded that he would be happy to work with the City
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and EMBUD to find a solution.
Councilmember Matarrese inquired whether EBMUD would be providing a
scorecard on whether the City is meeting a goal similar to waste
and electricity savings.
Mr. Linney responded the idea is interesting and he would look into
the matter.
Mayor Johnson stated there are questions about whether recycled
water can be used on the City's par 3 course; Council was informed
that the proximity to residential areas prohibits the use of
recycled water; people have heard different answers.
Mr. Linney stated that he would get an answer.
Councilmember deHaan noted an adjacent playing field could use
recycled water, too.
Vice Mayor Tam stated the City Manager contacted EBMUD recycling
staff and learned that the quality of water would require an extra
level of treatment that currently does not exist; the proximity to
residential homes requires potable water to be used for public
health reasons.
Mr. Linney stated it might be possible to make improvements.
Mayor Johnson stated golfers need to be informed of the correct
answer.
(08 -322) Presentation by the Library Foundation regarding public
art at the new Main Library.
Luzanne Engh, Alameda Free Library Foundation President, gave a
Power Point presentation.
CONSENT CALENDAR
Councilmember Matarrese moved approval of the Consent Calendar.
Vice Mayor Tam seconded the motion, which carried by unanimous
voice vote - 4. [Absent: Councilmember Gilmore - 1.1 [Items so
enacted or adopted are indicated by an asterisk preceding the
paragraph number.]
( *08 -323) Minutes of the Special and Regular City Council Meetings
held on July 1, 2008; and the Special City Council Meeting, Special
Joint City Council and Public Utilities Board Meeting, and Regular
City Council Meeting held on July 15, 2008. Approved.
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*08 -324) Ratified bills in the amount of $9,112.893.30.
( *08 -325) Recommendation to award Contract in the amount of
$511,680, including contingencies, to Golden Bay Construction, Inc.
for repair of Portland cement concrete sidewalk, curb, gutter,
driveway, and minor street patching, Fiscal Year 2008 -2009, Phase
9, No. P.W. 05- 08 -13. Accepted.
( *08 -326) Recommendation to award Contract in the amount of
$211,543, including contingencies, to D &D Pipelines, Inc. for
Woodstock storm drain improvements, No. P.W. 06- 08 -18. Accepted.
( *08 -327) Recommendation to adopt Plans and Specifications and
authorize Call for Bids for pruning of City trees for Fiscal Year
ending June 30, 2009, No. P.W. 07- 08 -20. Accepted.
REGULAR AGENDA ITEMS
(08 -328) Resolution No. 14254, "Appointing Leslie Krongold as a
Member of the Commission on Disability Issues." Adopted; and
(08 -328A) Resolution No. 14255, "Appointing Donna Milgram as a
Member of the Economic Development Commission (Community -at -Large
Seat)." Adopted.
Councilmember Matarrese moved adoption of the resolutions.
Councilmember deHaan seconded the motion, which carried by
unanimous voice vote - 4. [Absent: Councilmember Gilmore - 1.]
The City Clerk administered the Oath of Office and presented Ms.
Krongold and Ms. Milgram with certificates of appointment.
(08 -329) Public Hearing to consider an appeal of the Planning
Board's denial of a variance and Major Design Review to build first
and second -story covered decks at the rear of an existing four -unit
apartment building located at 2243 Santa Clara Avenue within the R-
6, Hotel Residential Zoning District; and
(08 -329A) Resolution No. 14256, "Overturning the Planning Board's
Decision to Deny Major Design Review and Variance (PLN07 -0020)
Allowing the Construction of a Two -Story Covered Deck Located Seven
Feet and Three Inches from the Rear Property Line at 2243 Santa
Clara Avenue." Adopted.
The Planning Services Manager gave a brief presentation.
Mayor Johnson opened the Public Hearing.
Proponent: Ed Hirshberg, Appellant.
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There being no further speakers, Mayor Johnson closed the public
portion of the Hearing.
Mayor Johnson inquired whether decks are required now, to which the
Appellant responded in the affirmative.
Mayor Johnson inquired whether the proposed decks conform to the
new code.
The Appellant responded the size of the back yard is not quite in
conformance and current code would require a deck for all four
units.
Councilmember deHaan inquired how tenants access the yard
currently.
The Appellant responded tenants walk through the Elk's property;
the yard is not used very much; the decks would improve access.
Councilmember deHaan inquired whether tenants in the other two
units would be able to use the remaining portion of the yard, to
which the Appellant responded in the affirmative.
Councilmember Matarrese inquired whether the privilege has been
extended to other properties, to which the Planning Services
Manager responded that he is aware of one other instance, a single -
family dwelling with an unusually shaped lot.
Mayor Johnson inquired about the nature of the opposition to the
decks.
The Planning Services Manager responded the Planning Board was
concerned about future uses anticipated for the adjacent area.
In response to Mayor Johnson's inquiry about whether the adjacent
property use would occur, the Planning Services Manager stated
staff believes so, but nothing has been submitted.
Vice Mayor Tam inquired how the decks would infringe upon the
neighbors.
The Planning Services Manager stated the noise created from the
adjacent building might disturb people using the decks.
Councilmember Matarrese inquired whether the same noise issue would
apply with use of the backyard as it is now, to which the Planning
Services Manager responded staff came to the same conclusion.
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Mayor Johnson read the findings; stated the project is positive for
the tenants; there are currently no negatives for the neighbor;
inquired why staff recommended approval of the variance.
The Planning Services Manager responded the project site would be
brought more into compliance with the zoning code; stated the
common area would be reduced, but would still have 300 square feet
of open space.
In response to Councilmember deHaan's inquiry regarding the lot
line, the Appellant stated seven feet three inches would be
remaining.
Vice Mayor Tam moved adoption of the resolution to uphold the
Appeal and grant the variance.
Councilmember Matarrese seconded the motion which carried by the
following voice vote: Ayes: Councilmembers Matarrese, Tam and Mayor
Johnson - 3. Noes: Councilmember deHaan - 1. [Absent:
Councilmember Gilmore - 1.]
Councilmember deHaan stated that he does not support the motion
because the small strip left is totally inadequate.
(08 -330) Recommendation to adopt the Alameda Free Library Strategic
Plan, 2009 -2014, and authorize staff to begin Neighborhood Library
Short Term Improvements.
Ruth Metz, Ruth Metz Associates, and Kathy Page, Page & Morris LLC,
gave a Power Point presentation.
Vice Mayor Tam stated the final document and process should be used
as a model for other City facilities and assets; inquired whether
or not the $2.5 million set aside is sufficient for the extreme
makeover.
The Library Director responded the $2.5 million would be used for
the building work and interior remodeling; stated the library
support groups have pledged to pay for new furnishings.
Vice Mayor Tam stated the main library is one of the City's first
LEED certified buildings; inquired whether the seal from the Green
Building Counsel would be hung at the library.
The Library Director responded staff hopes to obtain the seal;
stated the certification process is moving forward.
Mayor Johnson requested that the Council be provided updates on the
status of certification; stated the matter should be wrapped up and
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finalized.
In response to Councilmember Matarrese's inquiry regarding the
timeline, the Library Director stated the Request for Proposals
(RFP) process should take four months.
Councilmember Matarrese noted that the library service is not free;
stated the survey indicated that people value the service and are
willing to pay for it; requested that the information on the LEED
certification include the estimated certification date.
Councilmember deHaan stated $16 million would be needed in the
future; hopefully, $2.5 million would cover costs including the
electrical and heating systems; inquired whether there would be
State level grants.
The Library Director responded the Strategic Plan puts the City in
a better position than most should there be a State construction
bond.
Ms. Page stated that her calculations are that less than half of
the funding would be needed for the makeover; the infrastructure
and Americans with Disabilities Act requirements are the big
unknowns; another city had to install sprinkler systems, which
added costs; encouraged Council to go forward with an RFP as
quickly as possible.
Proponents: Honora Murphy, Alameda; Karen Butter, Library Board
Member; Luzanne Engh, Alameda Free Library Foundation.
Mayor Johnson inquired whether a prioritized list has been prepared
in the event the $2.5 million is not sufficient, to which the
Library Director responded not enough is known about the structural
and system issues.
Mayor Johnson suggested that the staff recommendation be modified
to include language about beginning to develop a plan that would
come back to Council for review; stated the Council would need to
set priorities.
Councilmember Matarrese stated the City should not over invest in
the West End library building since it is not the future West End
library; the plan for what would be executed to meet the short term
goal should come back to Council; that he would like an analysis of
funding streams, with the ability to extend Measure 0 being among
the options.
Councilmember Matarrese moved approval of adopting the Alameda Free
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Library Strategic Plan and authorizing staff to initiate working on
short -term improvements to the neighborhood libraries and bring the
[implementation] plan back to Council for authorization to start.
Vice Mayor Tam seconded the motion.
Under discussion, Vice Mayor Tam stated there is no deadline for
use of Measure 0 money.
Councilmember Matarrese stated Measure 0 has a finite period of
time; more revenue could be generated if the City asks for an
extension from the voters.
Vice Mayor Tam inquired whether the RFP process would help generate
estimates and establish various improvements that Council would
review and prioritize, to which the Library Director responded in
the affirmative.
Mayor Johnson inquired what would be asked in the RFP, such as
interior or structural work.
Ms. Page responded the list of short -term recommendations would be
used as the basis for the RFP; stated the City could pick and
choose the items.
The Library Director responded the RFP would be for an
architectural firm with structural engineering, some historical
preservation and interior space planning experience in libraries.
Mayor Johnson inquired whether the RFP would include interior and
structural improvements.
Ms. Page responded the short -term goals involve very little
structural changes.
Mayor Johnson inquired whether the electrical and HVAC system are
included in the short term goals, to which Ms. Page responded in
the affirmative; stated said items are mechanical systems.
The Library Director stated the shell of the buildings would not
change.
Mayor Johnson inquired whether priorities would be set before going
out with the RFP.
Ms. Page responded priorities should be set after costs are
submitted.
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Councilmember deHaan requested that the motion be restated.
Councilmember Matarrese restated the motion: to adopt the Strategic
Plan, authorize staff to go forward with the RFP and bring it back
to Council.
Vice Mayor Tam stated that her second stands.
On the call for the question, the motion carried by unanimous voice
vote - 4. [Absent: Councilmember Gilmore - 1.]
(08 -331) Resolution No. 14257, "Opposing Fiscally Irresponsible
State Budget Decisions That Would Divert Local Government,
Redevelopment, and Transportation Funds." Adopted.
The Deputy City Manager gave a brief presentation.
Mayor Johnson stated that she does not like the term "borrow ";
inquired whether the resolution could be amended to "divert ".
The Deputy City Manager responded in the affirmative.
Opponents: Gretchen Lipow, Alameda; David Howard, Action Alameda.
Following Ms. Lipow's comments, Councilmember deHaan inquired
whether the City is not addressing Assembly Bill 1781, to which the
Deputy City Manager responded in the affirmative.
Mayor Johnson inquired whether the language could also include
opposition to taking funds from school districts.
The Deputy City Manager responded the Council is on record asking
the State not to take school district resources.
Councilmember Matarrese moved adoption of the resolution, with the
revised language to replace "borrow" with "divert ".
Councilmember deHaan seconded the motion, which carried by
unanimous voice vote -4. [Absent: Councilmember Gilmore - 1.1
(08 -332) Resolution No 14258, "Providing, as Official City
Reference Documents, the Alameda County Residential Green Building
Guidelines for New Home Construction, Home Remodeling, and
Multifamily Residential Development; the U.S. Green Building
Council's LEED Rating Systems for New Commercial Construction and
Remodeling; and Bay- Friendly Landscape Guidelines, and Recommending
Their Use in the City of Alameda." Adopted.
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The Supervising Planner gave a brief presentation.
Councilmember Matarrese inquired when the municipal code would be
changed to make green building requirements mandatory.
The Supervising Planner responded the requirements have been
adopted for municipal projects; stated the Chief Building Official
is reviewing the State green building code to determine if the City
can adopt it early; otherwise, the City might follow Alameda
County's checklist process; the matter should come to Council
before the end of the year.
Councilmember Matarrese stated that he would like to ensure there
is a due date for when binding code changes would be implemented;
that he would like the changes to be adopted fairly soon; the
climate would not get any better the longer the City waits; there
were comments at Peet's LEED gold certification award ceremony that
meeting the requirements did not contribute that much cost and was
not that difficult to do; the City should be more aggressive; there
should be a target date for adopting binding code changes.
Mayor Johnson stated the matter is especially important for new
construction; perhaps existing buildings and remodeling could be
separate from new construction; the City should be able to move
forward with new construction on a shorter timeframe; any new
construction in Alameda should be subject to the new ordinance.
Councilmember Matarrese stated there are LEED items that need to be
done out of necessity now, such as diverting renovation or site
clearing materials from landfill and using renewed and reused
materials; there is a distinction between new construction and
renovation; binding, not optional, code provisions need to be put
in place.
Councilmember deHaan inquired whether there are new requirements
that move toward LEED compliance.
The Supervising Planner responded in the affirmative; stated the
City has a debris ordinance that requires 50% diversion; the goal
amount was increased to 750; the landscape ordinance includes water
conservation measures; that she does not have the schedule for
bringing items forward.
Councilmember Matarrese stated setting target dates is very
important; then, priority decisions can be made about how to use
resources to meet the dates.
Councilmember deHaan stated the matter is coming to Council; the
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ICLEI committee [Climate Protection Task Force] would be coming to
Council with recommendations that would get the City to that point
[adoption of binding green requirements]; inquired when the ICLEI
report would come to Council.
The Supervising Planner responded the ICLEI report was folded into
the City's Local Action Plan.
Councilmember Matarrese stated the effort he is discussing is
adoption of codes that were recommended by the ICLEI committee.
The Supervising Planner stated one of the priorities in the Local
Action Plan is the sustainable design and green building standards,
which Planning is working on.
Mayor Johnson inquired whether there are model ordinances; stated
priority should be given to adopting regulations for new home
construction, new multi - family residential development and new
commercial construction; any new construction should be built with
the new standards; remodels and landscaping can be dealt with
later; brand new construction should be built to the [green
building] standards.
Councilmember Matarrese stated the matter is fairly urgent because
there is potential for new commercial and residential construction
in the foreseeable future; requirements should be locked down
sooner to have builders adjust accordingly.
Councilmember deHaan stated Planning is going through the exercise
to bring something forward.
Councilmember Matarrese stated that he wants a date.
Mayor Johnson inquired whether the matter is being considered by
the Building Official or Planning Board.
The Supervising Planner responded the Building Official is looking
at the Building Standards adopted [by the State] on July 17; stated
the standards are voluntary at the State level; the City would be
making the regulations mandatory; Building Codes do not go to the
Planning Board; mandatory checklists added to the Zoning Ordinance
would go to the Planning Board.
Mayor Johnson inquired whether StopWaste has model ordinances.
The Supervising Planner responded in the negative; stated StopWaste
does not have anything mandatory, but has the voluntary standards
that are being considered tonight.
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Mayor Johnson inquired how the State code and StopWaste's model of
voluntary guidelines differ.
The Supervising Planner responded the State code looks at building
efficiency; stated currently, Title 24 requires certain energy
standards to be met; the new regulations increase Title 24; LEED
and Build It Green are checklist approaches that look at the entire
site, including landscaping and transit as well as construction;
15% above Title 24 is one requirement, however, the approach is
more holistic.
Mayor Johnson stated the Council could set a timeframe for a report
back from the Building Official.
Councilmember Matarrese stated the report should include an
estimated date for implementation.
Mayor Johnson inquired what timeframe should be set.
Councilmember Matarrese stated the Building Official should have a
month to conduct a review; the review should tell Council the
differences between the State's standards and the City's standards
and the target date for going from optional to mandatory.
Councilmember deHaan inquired whether the direction is the motion.
Councilmember Matarrese responded the direction is the motion along
with adoption of the resolution.
Mayor Johnson stated the direction should include prioritizing new
construction.
Councilmember Matarrese agreed to include said direction in the
motion.
Councilmember deHaan inquired whether a month is adequate time.
The Acting City Manager responded a month is an adequate amount of
time for the Building Official to inform Council how long the full
review would take; stated the full review might be completed in a
month.
Councilmember Matarrese stated Council should be informed if there
is difference.
Councilmember deHaan seconded the motion, which carried by
unanimous voice vote - 4. [Absent: Councilmember Gilmore - 1.]
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Councilmember deHaan noted that drought resistant landscaping at
Haight School is outstanding.
ORAL COMMUNICATIONS, NON- AGENDA
None.
COUNCIL REFERRALS
None.
COUNCIL COMMUNICATIONS
(08 -333) Consideration of Mayor's nomination for appointment to the
Transportation Commission.
Mayor Johnson nominated Jane. Q. Lee.
(08 -334) Mayor Johnson requested that the Fire and Police
Departments provide a report describing the type of calls they
respond to which are outside their scope and recommendations for
appropriate fees; said report should be presented under Council
Referrals at the next City Council meeting; stated the Fire
Department responds to calls for elevator problems within
commercial buildings and people locked out of their houses; she is
surprised that fees for such calls were not included when revenue
enhancing recommendations were made.
(08 -335) Councilmember Matarrese stated that he and Vice Mayor Tam
participated in a structured bicycle ride around the City on
Saturday; the event was presented by Bike Alameda.
(08 -336) Mayor Johnson stated that Alameda could be getting three
or four new Coast Guard cutters; current cutters are forty years
old.
ADJOURNMENT
There being no further business, Mayor Johnson adjourned the
Regular Meeting at 10:07 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
Agenda for meeting was posted in accordance with the Brown Act.
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