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2010-04-20 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -APRIL 20. 2010- -7:00 P.M. Mayor Johnson convened the meeting at 7:13 p.m. Councilmember Matarrese led the Pledge of Allegiance. ROLL CALL - Present: Councilmembers deHaan, Gilmore, Matarrese, Tam and Mayor Johnson — 5. AGENDA CHANGES None PROCLAMATIONS, SPECIAL ORDERS OF THE DAY & ANNOUNCEMENTS (10 -160) Proclamation Declaring April 2010 as DMV /Donate Life California Month. Mayor Johnson read and presented the proclamation to Kathy Clark, Volunteer Coordinator for California Transplant Donor Network. Ms. Clark thanked Council for recognizing Donate Life Month; encouraged everyone to sign up to become an organ and tissue donor by going to www.donateIifecalifornia.org. (10 -161) Proclamation Declaring May 2010 as Asian Pacific Heritage Month. Mayor Johnson read and presented the proclamation to Benny Chin and Martin Fong. (10 -162) Presentation by the Sunshine Task Force on the List of Priorities and Number of Meetings. Gretchen Lipow, Chair Sunshine Task Force, and John Knox White, Vice Chair Sunshine Task Force, submitted a handout; gave a brief presentation. Mayor Johnson inquired whether Council's five items are included, to which Mr. Knox White responded in the affirmative. Mayor Johnson inquired whether the Sunshine Task Force is looking at other ordinances as models; stated the list is very long. Mr. Knox White responded San Jose's ordinance has been reviewed; stated the list is not in priority order. Mayor Johnson stated that she hopes to have an ordinance in place as quickly as possible; she does not understand why an ordinance cannot be done before September; adjustments and modifications can always be made after the ordinance is in place. Regular Meeting Alameda City Council 1 April 20, 2010 Councilmember Gilmore inquired what would be the timeframe for the Sunshine Task Force to review ordinances from other cities and come up with an ordinance that would fit Alameda. Ms. Lipow responded September; stated the Sunshine Task Force is thinking of having two meetings per month; a weekend workshop might be needed. Councilmember Gilmore stated September seems like a reasonable goal; reinventing the wheel is not necessary; the ordinance needs to be appropriate for Alameda; record keeping should not be so involved. Mayor Johnson stated most items on the list could probably be in other ordinances; inquired whether lobbying registration would be a separate track. Mr. Knox White responded the Sunshine Task Force would address issues as other ordinances are discussed. Mayor Johnson stated the lobbying registration could be handled by Council separately. Vice Mayor deHaan inquired whether the lobbying portion is standard boilerplate in other ordinances. Mr. Know White responded that he does not recall lobbying registration in the ordinance he reviewed. Vice Mayor deHaan stated campaign finance reform could be separate; inquired whether items on the list are in existing ordinances. Mr. Know White responded the Sunshine Task Force has not reviewed whether each item is in existing ordinances; stated the idea is to incorporate items that make sense; recommendations would be made for items that do not make sense. Councilmember Gilmore inquired why lobbying registration should be broken out; stated the public has a different idea of what transparency should be; the point of a Sunshine ordinance is to find out what people think the problems are; carving out pieces seems to be circumventing the process. Vice Mayor deHaan stated that he concurs with Councilmember Gilmore; the ordinance will include a lot of subject matter and needs to be supported by procedures; ordinances are difficult to put together, let alone in three meetings. Ms. Lipow stated the Sunshine Task Force could research the two issues. Mr. Knox White stated the Sunshine Task Force would probably have more than the three or four originally approved meetings. Regular Meeting Alameda City Council 2 April 20, 2010 Vice Mayor deHaan inquired whether staff has reviewed the list. The Deputy City Manager — Administrative Services responded staff just received the list; stated a number of items were on the original staff report; the list was reviewed exhaustively at the first meeting. Vice Mayor deHaan inquired what is staff's view of the other ordinances. The Deputy City Manager — Administrative Services responded that she has not reviewed the other ordinances; stated San Jose's ordinance has a lot of meat in it; Berkeley's ordinance has been a work in progress and will be going on the ballot in November. Vice Mayor deHaan stated larger cities have put networks together; the ordinance has to be tailored to Alameda as noted by Councilmember Gilmore. The City Attorney stated the City Attorney's office is responsible for drafting and approving as to form legislation; a number of model ordinances have been compiled; that she understands the Sunshine Task Force was tasked to come up with additional comments that the public might want to see folded into an ordinance; that she would be happy to review the list to see which of the model ordinances could be tailored; Council's five priorities could be broken out and ordinances could be tasked on a quick time basis; a lobbying ordinance is generally separate. Mayor Johnson stated the Sunshine Task Force can work on the Sunshine Ordinance. The City Attorney stated legislation is drafted through the City Attorney's office; the City Attorney's office needs to have input even if the ordinance is drafted elsewhere; the Sunshine Task Force can continue to identify issues that are of key importance to the public; the issues could be brought to Council and Council could direct the City Attorney's office to draft the ordinance as a policy decision. Councilmember Tam stated that she concurs with the City Attorney; the list is not just about subject matter but includes procedures, records not being available, and what constitutes a Closed Session meeting; items discussed by the Sunshine Task Force might not be captured in an ordinance; potentially, there would be six meetings between now and September; prioritizing the Council's five items, including some of the Sunshine Task Force issues, having the items go through a public vetting process, providing a draft that can be vetted with the City Attorney for form, and coming back for Council approval would help facilitate what the Mayor is talking about in picking up certain priority issues such as the lobbyist registry; the Council Referral [paragraph no. 10 -175] is patterned after Los Angeles; that she is trying to wrestle with the urgency and relevance to Alameda; Los Angeles has former Senators and Assembly Members acting as lobbyists; people tend to lobby for themselves in Alameda. Regular Meeting Alameda City Council 3 April 20, 2010 Mr. Knox White inquired whether the Sunshine Task Force would draft and provide an ordinance to the City Attorney for vetting. Councilmember Tam responded that a draft ordinance needs to be approved as to form by the City Attorney; the City Attorney's office provides a staff person at Sunshine Task Force meetings; hopefully, staff will help to develop the initial draft, which will go through the process of consistency with existing ordinances. Mayor Johnson stated the City Attorney suggested that the Sunshine Task Force define the issues and then the City Attorney's office would draft the ordinance. The City Attorney stated the Sunshine Task Force would identify issues to Council; Council will make the policy decision and give direction to the City Attorney; the ordinance would come back in open session for community input and adoption. Councilmember Matarrese inquired whether Council direction would be given to the Sunshine Task Force; stated that he does not want individual Council comments to be confused with Council direction; that he is hearing consensus that the comprehensive list will take more than the originally prescribed meetings to accomplish. Mayor Johnson stated that she agrees with Councilmember Tam regarding things on the list not belonging in the ordinance. Councilmember Matarrese stated the first point is that more than the prescribed number of meetings will be needed; the second point is that some things can move along on a separate track. Mayor Johnson stated the SunCal process - document financing on the list has nothing to do with the Sunshine Task Force. Ms. Lipow stated the Sunshine Task Force listed all public comments. Councilmember Gilmore stated Council understands that the Sunshine Task Force will need more meetings than originally anticipated; suggested that the Sunshine Task Force go back and discuss Council priorities and add another three to five more from the list for submittal to the City Attorney's office; stated a lot of items on the list do not necessarily fall under the prevue of an ordinance but are important; the list should be prioritized for Council to discuss regarding policies and procedures. Mayor Johnson stated that she prefers to deal with stand -alone issues that are not directly related to the Sunshine Ordinance; issues should be brought to Council directly from the City Attorney's office. The City Attorney stated the City Attorney's office is very interested in the list and any additional issues; ultimately, she takes direction from Council; the list should come back to Council first and then determine what to do with the additional items as a policy Regular Meeting Alameda City Council 4 April 20, 2010 decision; Council has made the top five priorities clear; that she can get started on the ordinances. Mayor Johnson stated the City Attorney's suggestion makes sense. Vice Mayor deHaan stated the thrust of what Council is trying to do might get lost, which is to have one overall Sunshine Ordinance; each separate ordinance can be folded in as the overall ordinance is finalized. The City Attorney stated the Municipal Code could end up having one Sunshine Chapter with different sections, which would be more reader friendly. Vice Mayor deHaan stated different topics should fold into an overall ordinance; that he is hearing that the City could build [the ordinance] from the five [Council priorities] and another five [priorities] from the Sunshine Task Force. Mayor Johnson stated that she does not know where five items from the Sunshine Task Force came from. Councilmember Gilmore stated the idea came from her; Council's five priorities are clear; the whole point of having a public Sunshine Task Force is to get input from the public that has a different point of view of what the issues are; having the community put forth items of concern seems fair; the second part is that things may not belong in an ordinance because other ordinances already deal with the issue, but implementation procedures might need streamlining; Council does not need to deal with procedures for getting information, but the public does; the Sunshine Task Force can provide items that the public has issues with when requesting information; Council can take a look at the procedures and have staff come up with ways to streamline or clarify the process. Mayor Johnson stated that she concurs with Councilmember Gilmore. Councilmember Tam stated that she appreciates that the City Attorney takes direction from Council; she would like to benefit from the expertise of the Sunshine Task Force; she would like the Sunshine Task Force to review the ordinance and provide input after the City Attorney drafts the ordinance. Mayor Johnson stated that she is fine with the draft ordinance going back to the Sunshine Task Force for review; Council priorities can be done on a separate track. The City Attorney stated that she can bring back Council's five priorities; the Sunshine Task Force does not need to review the items; the community may have additional issues which the Sunshine Task Force could review. Councilmember Tam stated Council's five priorities were not priorities but were captured in a staff report; that she would like to have validation that the five items are Council priorities. Regular Meeting Alameda City Council cJ April 20, 2010 The City Attorney stated that she recalls the five items as being priority items; the matter was discussed at great length a couple meetings back. Mayor Johnson stated changes could be made to the list. Councilmember Gilmore stated that she understands that the five items were not Council priorities in terms of needing to get done first and foremost as much as making sure the Sunshine Task Force would discuss the items. Mayor Johnson stated the Sunshine Task Force wants to take time and not be rushed; the five items were discussed extensively and were to be prioritized; the five items were to come back in addition to other items; that she is in full agreement with the process proposed by Councilmember Gilmore, but the five Council priorities should be dealt with on a separate track; the public would have opportunity to provide input. Councilmember Gilmore inquired why the five items were sent to the Sunshine Task Force instead of being submitted to the City Attorney, to which Mayor Johnson responded the five items should have been sent to the City Attorney. Councilmember Matarrese stated the five items are not solely Council items; one Council priority is providing direction on the Public Records Act regarding costs and turnaround time for a request and is one that he hears often from the public; there is no reason why the draft from the City Attorney's office cannot go to the Sunshine Task Force as well as Council; Council can give direction on the campaign reform and lobbying issues now. Mayor Johnson stated the Sunshine Task Force can provide comments on the two issues. Vice Mayor deHaan stated Council wants a Sunshine Ordinance; inquired whether Council wants to go forward with an overall ordinance. Mayor Johnson responded in the negative; stated there are separate topics that are appropriate for separate ordinances. The City Attorney stated the City Attorney's office would bring back ordinances on the five priorities for Council review; priorities can be remanded to the Sunshine Task Force for additional comment. Vice Mayor deHaan stated the big project is the overall Sunshine Ordinance; inquired whether the Sunshine Task Force would formulate the Sunshine Ordinance or provide a thought pattern on where to go with the ordinance. Mayor Johnson responded the Sunshine Task Force would come up with a list of items to bring to Council; stated the Sunshine Task Force would not want to draft the Regular Meeting Alameda City Council 6 April 20, 2010 ordinance. Councilmember Tam stated the Sunshine Task Force is suggesting developing a Sunshine Ordinance by September but is not saying what the ordinance should contain; Council is suggesting that separate guidelines can be a subset to the Sunshine Ordinance or a chapter within the ordinance; inquired whether it is Mayor Johnson's understanding that [guidelines] are not necessarily part of the ordinance being development by the Sunshine Task Force. Mayor Johnson responded in the affirmative; stated everything could be in the same chapter of the Municipal Code. Councilmember Tam stated the five priorities are: 1) provide direction under the Public Records Act requests regarding costs and turnaround time; 2) extend the noticing requirement for public meetings beyond 72- hours; 3) develop guidelines regarding the minimum radius that must be used when notifying neighbors about land use matters; 4) campaign finance reports; and 5) lobbyist registry; according to the original staff report, the campaign finance issue was more about ensuring that the campaign finance documents that every elected official and ballot measure committee file with the City are easy to access. Vice Mayor deHaan stated that he suggested contribution limits; other cities take the Sunshine Ordinance as a separate ordinance. The City Attorney stated there is not a generic Sunshine Ordinance; the generic term is used for a variety of regulations that encourage and enforce open government and citizen accessibility; suggested that she start with the five Council priorities; the idea is for the Sunshine Task Force to identify issues at the three meetings and bring the issues back to Council in a final report; Council can review the issues and make policy direction as a result of the input and give direction to the City Attorney to craft one or more ordinances that come under the general rubric of Sunshine or open government principles; she can bring back draft ordinances on lobbying and campaign reform. Mayor Johnson stated that she is fine with the City Attorney's suggestion; she is fine with coming back with a good model of another city's ordinance with changes. The City Attorney stated that she would be happy to have any kind of additional ordinance samples that speak to what Alameda needs; ultimately, it will be a Council policy decision. Mr. Knox White stated the City Attorney's suggestion is exactly what the Sunshine Task Force is recommending. Vice Mayor deHaan stated the direction is a little different than coming to an overall Sunshine Ordinance; that he is hearing that the Sunshine Task Force would look at various other ordinances to see what is a good array and make a suggestion, then Regular Meeting Alameda City Council 7 April 20, 2010 Council will figure how to put an ordinance together. Mayor Johnson stated the Sunshine Task Force could find the San Jose ordinance perfect with modifications and bring the ordinance to Council; Council could consider the ordinance and give direction to the City Attorney's office. Vice Mayor deHaan stated the process would take more than three meetings. Mayor Johnson stated that she does not have a problem with more than three meetings. Ms. Lipow stated the Sunshine Task Force has been very open with taking suggestions in light of transparency and involving the public; there was no time to vet the issues listed. Mayor Johnson stated the City Attorney's office can include items not included in a sample ordinance. Ms. Lipow stated tonight's discussion boils down what is important to Council; the Sunshine Task Force would like Council's blessing to exist longer than three meetings. Councilmember Matarrese stated the Sunshine Task Force should take the time that is needed, work timely, and take from other ordinances; the least amount of work and fastest way to put together an ordinance is to take something that exists, ensure issues gathered from the public are met, and bring the semi - finished ordinance to Council to provide to the City Attorney; the Sunshine Task Force needs to modify an existing ordinance to fit Alameda. The City Attorney stated that she would hate to see hard working volunteers duplicating staff efforts; getting a copy of a particular provision within an ordinance that speaks to community needs and comments received would be great rather than having the Sunshine Task Force draft an ordinance, which the City Attorney's office does. Mayor Johnson stated the Sunshine Task Force should review other ordinances and note changes that need to be made for Alameda. Mr. Knox White stated direction is very clear. Mayor Johnson inquired whether Council needs to give direction on separating out and bringing back the five Council priorities, to which the City Attorney responded direction can be given through the Interim City Manager. Mayor Johnson stated that her Council Referral to Direct Staff to Develop Lobby Disclosure Ordinance and Registry [paragraph no. 10- ] does not need to be heard. Vice Mayor deHaan stated community input has been received; Berkeley has been on the mission [developing a sunshine ordinance] for two and a half years or more and the Regular Meeting Alameda City Council 8 April 20, 2010 matter will go on a ballot, which is not Alameda's intent. Ms. Lipow stated the Sunshine Task Force would review existing ordinances. Councilmember Tam stated that she agrees with Councilmember Gilmore; maximizing the opportunity for the public to comment is important rather than having staff pick and chose from an ordinance, especially for something as complicated as campaign finance reform. Ms. Lipow stated the public is invited to the meetings; efforts will be made to get the public's suggestions. Mr. Knox White stated that he understands that the two items [campaign reform and lobbying] are to be pulled out and placed on a separate track. Councilmember Matarrese stated the Sunshine Task Force would have an opportunity to comment on the matter. Mayor Johnson stated ordinance can be revised and are not set in stone. CONSENT CALENDAR Vice Mayor deHaan moved approval of the Consent Calendar. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote — 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *10 -163) Minutes of the Special and Regular City Council Meetings held on April 6, 2010. Approved. ( *10 -164) Ratified bills in the amount of $1,885,416.92. ( *10 -165) Recommendation to Receive an Update on the City's Green Initiatives. Accepted. ( *10 -166) Recommendation to Authorize the Interim City Manager to Execute All Necessary Agreements with the Water Emergency Transportation Authority and Blue & Gold Fleet for the Operation of the MV Taurus. Accepted. ( *10 -167) Recommendation to Adopt Plans and Specifications and Authorize Call for Bids for Culvert Reconstruction at Various Locations, No. P.W. 02- 10 -04. Accepted. ( *10 -168) Resolution No. 14434, "Preliminarily Approving the Annual Report Declaring the City's Intention to Order the Levy and Collection of Assessments and Providing for Notice of Public Hearing on June 15, 2010 — Island City Landscaping and Lighting Regular Meeting Alameda City Council 9 April 20, 2010 District 84 -2." Adopted. ( *10 -169) Resolution No. 14435, "Preliminarily Approving the Annual Report Declaring the City's Intention to Order the Levy and Collection of Assessments and Providing for Notice of Public Hearing on June 15, 2010 — Maintenance Assessment District 01 -01 (Marina Cove)." Adopted. ( *10 -170) Resolution No. 14436, "Approving the Application for Grant Funds for the Urban Greening Planning Grant Program Under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84)." Adopted. CITY MANAGER COMMUNICATIONS (10 -171) Alameda and Contra Costa County City Managers' Proposal for Regional Pension Reform. The Interim City Manager gave a brief presentation. Mayor Johnson inquired when Council would receive a PIERS update, to which the Interim City Manager responded Mr. Bartel will be providing a PIERS actuarial update at the next Council meeting. Mayor Johnson inquired how is PIERS looking right now. The Interim City Manager responded the actuarial estimates for this year are based on PIERS earnings through June 30, 2008, not June 30, 2009; estimates were based on an assumption of a 7.5% rate of return; PIERS rates have increased by 50% for many cities; PIERS has indicated that the assumption has changed to 6 %. Vice Mayor deHaan stated shortfalls addressed today, particularly pension fund shortfalls, are a result of decisions made 25 years ago; the concern is the legacy left to the City 25 or 30 years from now; the federal government made some decisions 25 to 30 years ago to split it pension fund; decisions were not made under distress; the postal service made the same decision in the early 1990's; that he is not sure whether cities are coming close to addressing the issue; cities are staying with PIERS; shortfalls are paid by cities. The Interim City Manager stated the issue needs to be addressed at a statewide policy level to make PIERS sustainable; cities are competing with each other; many City Manager groups have come out in a strong policy venue to indicate the necessity to tier pension systems with new hires. (10 -172) Update on Ordinance Prohibiting RV, Boat, and Trailer Parking The Interim City Manager gave a brief presentation; suggested the driveway 20 foot no Regular Meeting Alameda City Council 10 April 20, 2010 parking rule be revised. Councilmember Matarrese stated the amendment is good because storage of non -self propelled vehicles, trailers, etc. would not be on the street; that he does not see anything in the ordinance that allows people time to load up a recreational vehicle. The Police Lieutenant stated Councilmember Matarrese is referring to a temporary, one -day permit; the goal is to gain compliance; individuals can call dispatch to receive the temporary, one -day permit. Councilmember Matarrese inquired whether said information is in the ordinance, to which the Police Lieutenant responded in the negative. Councilmember Matarrese stated information needs to be included in the ordinance. Councilmember Gilmore inquired how people would know to call dispatch for a one -day permit if information is not in the ordinance; stated the issue is about noticing. The Interim City Manager responded the ordinance would be amended. Mayor Johnson inquired whether information could be placed on the website so that the public is informed, to which the Interim City Manager responded in the affirmative. The Police Lieutenant stated the Police Department has discretionary power; Police Officers are quite diplomatic. Mayor Johnson stated people do not know that there is a process; everyone should know that dispatch can be called for a temporary one -day permit. The Police Lieutenant stated advising the public would be beneficial. Mayor Johnson stated the proposed ordinance has made a huge change. The Police Lieutenant stated that parking enforcement has indicated the proposed ordinance has made a dramatic difference. Mayor Johnson stated that she noticed some commercial trailers not attached to vehicles. The Police Lieutenant stated Code 8 -7.11 addresses the matter; said vehicles are eligible to be cited or towed. The Interim City Manager stated eight calls were received and were split 50 -50 pros and cons for the ordinance; staff will be very diligent in crafting the text amendment to ensure that a boat, trailer, or recreational vehicle is not moved to the front lawn. Regular Meeting Alameda City Council 11 April 20, 2010 Mayor Johnson stated vehicle size needs to be addressed for driveway parking. In response to Councilmember Tam's inquiry regarding notification, the Police Lieutenant responded a press blitz went out on February 11th and April 1st; stated information was posted on the Police Department's website. Mayor Johnson inquired whether notices were placed on vehicles also, to which the Police Lieutenant responded in the affirmative. Speaker: Adam Gillitt, Alameda. Mayor Johnson inquired what is the current twenty -foot restriction, to which the City Attorney responded vehicles need to be parked twenty feet from the sidewalk to provide clearance. Mayor Johnson stated a lot of driveways are not twenty feet long; the restriction needs to be changed; there needs to be a limitation on size; vehicles, other than automobiles, need to be back out of the front portion of the lot. The Interim City Manager stated people are going to park on the street if they cannot park within the first twenty feet of the driveway; changing the twenty -foot restriction would help relieve street parking. Mayor Johnson inquired whether the Police Department can give the citation, to which the Interim City Manager responded the issue becomes a Code Enforcement issue once the vehicle is on the other side of the sidewalk. Vice Mayor deHaan noted people are parking on apron areas. The Interim City Manager stated the issue is all- inclusive. REGULAR AGENDA ITEMS (10 -173) Public Hearing to Consider Introduction of an Ordinance Amending Section 30- 6, 30 -36, and 30 -37, of the Alameda Municipal Code to Improve the Design Review and Sign Ordinance Provisions for the City of Alameda. Introduced. The Planning Services Manager gave a Power Point presentation. Mayor Johnson inquired whether the existing language in the Guide to Residential Design Amendments would be changed. The Planning Services Manager responded Section 30 -37.2, "Improvements Subject to Design Review and Exceptions ", subsection b.3 states that an exemption would be granted for a replacement of a structure or architectural element which is a visual match to the existing structure or element in terms of location, size, and shape. Regular Meeting Alameda City Council 12 April 20, 2010 Mayor Johnson stated people could replace aluminum windows with the same; questioned whether an exception should be granted. The Planning Services Manager stated people should not be required to go through Design Review if the outward appearance does not change; language could be crafted that would specifically deal with aluminum sliders. Councilmember Gilmore stated Design Review should be required for aluminum sliders. Mayor Johnson stated the ordinance should require Design Review for anything inconsistent with the original [structure or architectural element]. The Planning Services Manager stated language could be crafted regarding existing versus original. Vice Mayor deHaan stated vinyl has some attributes for double hung windows; inquired how the issue would be handled. The Planning Services Manager stated that he does not think the issue is about materials; what a window is made of is not important if the window looks like the original design and fits with the architectural character of the home. Mayor Johnson stated Harbor Bay home owners have not applied for permits to put in new windows or install internal muttons; people have put in less attractive windows with no panes in order to have dual pane windows; inquired whether internal muttons are still a concern. The Planning Services Manager responded in the negative; stated that he wants to bring back all guidelines for consistency; the language in the Guide to Residential Design Review that states internal muttons are never appropriate needs to be struck. Councilmember Gilmore inquired what it [language] would be changed to. The Planning Services Manager responded a blanket statement cannot be applied to the Guide to Residential Design Review. Mayor Johnson stated Council made it very clear that guideless were to be guidelines, not rules. The Planning Services Manager stated adjustments would be made to the guidelines; the Design Review Program really depends on consistent training and implementation. Mayor Johnson stated a more defined, transparent process is needed; that she is not confident that a person coming in three different times would not get three different answers. Regular Meeting Alameda City Council 13 April 20, 2010 The Planning Services Manager stated language would be clarified in the ordinance, guidelines, and window replacement handout. Councilmember Gilmore stated windows should have a special section; the age of the house is important; a window guide should include pictures to show what is appropriate and what is not. The Planning Services Manager inquired whether the window guideline should be brought back at the final passage. Councilmember Gilmore responded if possible; stated the Planning Board spends an incredible amount of time with applicants and neighbors discussing windows. Mayor Johnson stated that she recalls a man wanting to put a new faucet in the kitchen and a building inspector told the man that aluminum sliders needed to be removed; the aluminum sliders were there before the man bought the house; the Chief Building Official told her that aluminum sliders were a health and safety issue; people are going to run into the same problem if a proper process is not in place. The Interim City Manager stated things are not written very clearly; the message is clear that the ordinance needs to be narrowly constructed. Mayor Johnson stated having unclear language makes things unpredictable for the public; that she hopes the requirement for electrical upgrades when replacing countertops has been changed. The Interim City Manager stated staff is running into conflicts between the Building Code and Fire Code; the issue is being reviewed. Councilmember Matarrese stated everyone agrees that aluminum sliders are bad; requiring outlets every so often to encourage use of electrical appliances may not be the right thing to do in today's world; the ordinance is not set in stone; a good amount of prescription is needed; there is room for discretion; everything goes back to training with the attitude that improvements are being made and not telling people what to do. Vice Mayor deHaan stated the industry has been able to solve the problems with aluminum sliders. Councilmember Matarrese stated plastic sliding has been resolved also. Councilmember Gilmore stated most residents first and only contact with City Hall is when they want to do something to their house; getting the same answer when the same question is asked is important; the City needs to project a business friendly, responsive approach. Regular Meeting Alameda City Council 14 April 20, 2010 The Planning Services Manager stated everyone would benefit from a clearly written ordinance. Mayor Johnson stated appearance is more important than material; wood should not have to be required for a Victorian if another material looks the same. The Planning Services Manager continued the presentation. Mayor Johnson inquired whether an ugly aluminum awning could be replaced with the same. The Planning Services Manager responded the ordinance would require that a new aluminum awning matches the existing awning and be consistent with the criteria. The Planning Services Manager continued the presentation. Councilmember Matarrese inquired whether the criteria would be consistent for the people making the design decision on the Facade Program and the Planning Department, to which the Planning Services Manager responded the same staff handles both. Mayor Johnson inquired whether the bullet stating: "not internally illuminated" applies to neon signs, to which the Planning Services Manager stated the bullet applies to awnings. The Planning Services Manager continued the presentation. Councilmember Gilmore inquired whether the Design Review Submittal Requirements is a check list, to which the Planning Services Manager responded in the affirmative. Mayor Johnson opened the public portion of the hearing. Proponents: (In favor of Ordinance): David Baker, Alameda; Betsy Matheson, Alameda; Christopher Buckley, Alameda Architectural Preservation Society; Elizabeth Green, Alameda; Nancy Gordon, Alameda; Kathy Moehring, West Alameda Business Association. There being no further speakers, Mayor Johnson closed the public portion of the hearing. Following Mr. Baker's comments, Mayor Johnson inquired how staff deals with plans that are sketched out. The Planning Services Manager responded staff wants to redo the Submittal Requirements handout; stated staff needs to be very clear on what the City needs from an applicant so the proposal can be adequately reviewed. Regular Meeting Alameda City Council 15 April 20, 2010 Mayor Johnson stated applicants should be given a picture of what the windows should look like; that she does not expect people to spend money for an architect to design windows. The Planning Services Manager stated staff hardly ever has a problem with applicants who are willing to spend money for an architect. Mayor Johnson stated hiring an architect cannot be a requirement. Councilmember Tam stated sometimes contractors have difficulty with the English language; inquired whether the City has resources to assist with translation, to which the Planning Services Manager responded employees help with translation. In response to Vice Mayor deHaan's inquiry regarding solar panels, the Planning Services Manager responded State code determines that the City cannot regulate solar panels through the Design Review program. In response to Vice Mayor deHaan's inquiry regarding roof pitch, the Planning Services Manager responded all zoning requirements need to be met; exceeding the zoning height by matching the pitch of a roof would require a variance and would not have an exemption. Councilmember Matarrese moved introduction of the ordinance with the amendments discussed. Councilmember Tam seconded the motion, which carried by unanimous voice vote — 5. ORAL COMMUNICATIONS, NON - AGENDA (10 -174) Andy McKinley, Grand Marina General Manager, submitted a handout; discussed rent increase. Mayor Johnson stated Council would have a briefing on the issue; inquired whether Mr. McKinley has a deadline on Friday. Mr. McKinley responded he needs to submit $108,000 by Friday and also sign an agreement stating that Grand Marina agrees with the interpretation of the lease, which Grand Marina does not. Mayor Johnson inquired whether the timeline could be adjusted until after the Council briefing, to which the City Attorney responded in the affirmative. Mayor Johnson suggested that Mr. McKinley contact the City Attorney's office for confirmation. Regular Meeting Alameda City Council 16 April 20, 2010 Councilmember Matarrese stated the best practice has not been employed; the communication does not sound like communication between a major source of revenue and stewardship for the City's tidelands; requested a briefing on the communication to ensure that the communication was fitting. The City Attorney stated a number of written communications took place well in advance of the 2010 increase. COUNCIL REFERRALS (10 -175) Consider Directing Staff to Develop Lobby Disclosure Ordinance and Registry. Not heard. Refer to the presentation by the Sunshine Task Force [paragraph no. 10 -162] for discussion. (10 -176) Consider Directing Staff to Draft a Resolution Supporting Measure E for Council Consideration on May 4. Councilmember Gilmore gave a brief presentation. Mayor Johnson stated the resolution would need to come back for adoption. The Interim City Manager stated the issue could be referred to staff to prepare the resolution. Vice Mayor deHaan inquired whether Council endorsement has been done in the past, to which Mayor Johnson responded in the affirmative. The Deputy City Manager — Administrative Services stated Council endorsed a resolution for the last School District parcel tax. Speaker: David Howard, Alameda. Councilmember Tam moved approval of directing staff to prepare a resolution in support of Measure E. Councilmember Tam stated that she had the opportunity to meet with the Superintendent and School Board President as well as advocates for the campaign; clearly, the School District is dealing with a lot of the issues the City is facing; over a two year process, the School District has formulated a Master Plan to address the trade off between the cost of providing first class education and State take away funding; that she has seen the API scores go up across the board. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote — 5. Regular Meeting Alameda City Council 17 April 20, 2010 COUNCIL COMMUNICATIONS (10 -177) Councilmember Matarrese gave a brief presentation on the AC Transit Interagency Liaison Committee of April 14th; stated updates were provided on recent transit service changes and additional service changes anticipated for September; cuts were to be 15% during the last round; AC Transit cut 8% so there is a need for more cuts; Alameda took an approximate 20% service reduction and should not be required to take more; a Paratransit Shuttle system update was provided; technical issues were discussed regarding traffic impact on drivers pulling into the bus stops; the next meeting is tentatively scheduled for May 12, 2010; noticing of the last meeting had some problems; Public Works is going to work with the City Clerk to ensure the next meeting is appropriately noticed; submitted information to the City Clerk. Vice Mayor deHaan inquired how much of a reduction the City has had over the last five years. Councilmember Matarrese responded the City has experienced a 20% over the last year; stated that he would need to check on the total reduction over the last five years. Vice Mayor deHaan stated the AC Transit situation is getting deplorable. Councilmember Matarrese stated AC Transit staff is considering putting back the 51 Line because of protest from one neighborhood in Oakland; City staff is committed to ensuing that no cuts are made to the Fruitvale BART Station on the 51A Line. (10 -178) Councilmember Tam stated that she attended the League of California Cities East Bay Division meeting on April 15th; the League has been successful in getting a million signatures; 1.15 million signatures are needed to get the initiative on the November ballot in order to protect local government funding and the State property and gas task take aways; Pacific Gas & Electric (PG &E) made a presentation regarding the SmartMeter Program; the Public Utilities Commission mandates installing SmartMeters; Oakland's meters are almost completely installed; Alameda only gets gas from PG &E; SmartMeters would start to be installed this summer; homeowners will be noticed; the SmartMeter is intended to be more efficient and allow a homeowner to shut off gas off site. ADJOURNMENT There being no further business, Mayor Johnson adjourned the meeting at 10:17 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 18 April 20, 2010