Loading...
1999-04-06 Special CC MinutesMINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -APRIL 6, 1999- -6:50 P.M. Mayor Appezzato convened the Special Meeting at 6:55 p.m. Roll Call - Present: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. Absent: None. The Special Meeting was adjourned to Closed Session to consider: (99-146) Conference with Legal Counsel - Existing Litigation; Name of Case: City of Alameda v. Port of Oakland. (99-147) Conference with Legal Counsel - Anticipated Litigation; Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9; Number of Potential Cases: One. (99-148) Conference with Legal Counsel - Anticipated Litigation; Initiation of litigation pursuant to subdivision (c) of Section 54956.9; Number of Potential Cases: One. Following the Closed Session, the Special Meeting was reconvened and the Mayor announced regarding Existing Litigation, the City Council gave directions to the City Attorney to proceed with appeal of judgement on Writ of Mandate; regarding significant exposure to litigation, instructions were given to the City Attorney, no action was taken; and regarding initiation of litigation, Council gave direction to the City Attorney to proceed with criminal misdemeanor complaint. Adjournment There being no further business, Mayor Appezzato adjourned the Special Meeting at 7:50 p.m. Respectfully submitted, Di ?e B. Fe sch, CMC City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council April 6, 1999 41 td MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -APRIL 6, 1999- -7:30 P.M. Mayor Appezzato convened the Regular Meeting at 8:07 p.m. Councilmember Johnson led the Pledge of Allegiance. ROLL CALL - PRESENT: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. ABSENT: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (99-149) Mayor Appezzato presented Honorary Citizen certificates to Thomas Zelniker and Sabine Kurka, exchange students from Vienna, Austria. (99-150) Nomination of Citizens' Millennium Planning Committee Co- Chairpersons. Honora Murphy, Committee Co-Chair, stated the theme of the community's project is "Honor the past and imagine the future". Patricia Barry, Committee Co-Chair, stated any civic groups interested in participating should contact either of the Co-Chairs; listed national and local groups participating. Councilmember DeWitt moved approval of the nomination of Honora Murphy and Patricia Barry. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. CONSENT CALENDAR Mayor Appezzato announced that the recommendation to support Assembly Bill 202 and Senate Bill 15 [paragraph no. 99-152] was withdrawn from the Consent Calendar for discussion. Councilmember Kerr moved approval of the remainder of the Consent Calendar. Councilmember DeWitt seconded the motion, which carried by unanimous Regular Meeting Alameda City Council April 6, 1999 114 voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] .( *99 -151) Minutes of the Special and Regular City Council Meetings held on March 16, 1999. Approved. (99 -152) Recommendation to support Assembly Bill 202 (Knox), Multiple Handgun Purchases; and Senate Bill 15 (Polanco), Handgun Safety Standards. Len Grzanka, Alameda, stated [in the Constitution] it is written that the right to bear arms shall not be infringed; if a store has a sale on handguns or there is a gun collectors estate sale, a person might want to buy more than one gun on a particular day; the right of the people to keep and bear is a protection of the people against an oppressive government; urged Council not to support the Bills. Tony Dirito, Alameda, stated that he does not support these two Bills; that he believes there are falsehoods in Senator Polanco's letter [attached to Staff Report], e.g. letter states more children die from gun violence than from car crashes, drugs and disease; the 1996 Universal Almanac lists deaths from firearms as the seventh highest cause; accidental deaths due to firearms are on the decline; requested Council to review the matter more closely and write Senator Polanco regarding the facts in his [Polanco's] letter; further stated there are legal ramifications; read a statement from the California Rifle and Pistol Association's Legislative Watch; stated an exemption in SB 15 allows law enforcement officials to use guns which the Bills claim are unsafe; local government will be subject to lawsuits if employees use unsafe weapons. Vice Mayor Daysog stated the Chief of Police is requesting the City Council to support AB 202 and SB 15; the right to bear arms is an important consideration, however distribution of guns in communities put children and families at risk; moved approval of the staff recommendation. Councilmember DeWitt seconded the motion. Under discussion, Mayor Appezzato stated that he supports the Constitution; Saturday Night Specials and machine guns were not an issue when the Constitution was written. On the call for the question, the motion carried by unanimous voice vote - 5. ( *99 -153) Recommendation to waive Housing Authority Payment in Lieu of Taxes for Fiscal Year 1999 -2000. Accepted. ( *99 -154) Recommendation to authorize the City Manager to execute a Regular Meeting Alameda City Council April 6, 1999 115 Five-Year Contract in the amount of $102,900 to Textron Financial Corporation for the Lease of Two HR-5111 4WD Hydraulic Rotary Mowers. Accepted. (*99-155) Recommendation to award Contract in the amount of $842,640 to Sevan Construction for Renovation of Building 23, Alameda Point, 2401 Monarch Street, No. P.W. 03-98-04. Accepted. (*99-156) Recommendation to accept the work of State Roofing Systems, Inc. for Roof Repair of Building 9, Alameda Point, No. P.W. 09-98-23. Accepted. (*99-157) Recommendation to adopt Plans and Specifications and authorize calling for Bids for Marina Village Stormwater Pump Station Mechanically Cleaned Trash Rack, No. P.W. 07-98-19. Accepted. (*99-158) Recommendation to adopt Plans and Specifications and authorize calling for Bids for Landscape Maintenance of Median Strips and Special Areas for the Fiscal Year ending June 30, 2000, No. P.W. 02- 99-05. Accepted. (*99-159) Recommendation to adopt Plans and Specifications and authorize calling for Bids for Pruning Trees within the City of Alameda for the Fiscal Year ending June 30, 2000, No. P.W. 02-99-06. Accepted. (*99-160) Resolution No. 13099, "Authorizing Application for Fiscal Year 1999-2000 Transportation Development Act 3.0 Funds for Reimbursement of Bicycle Master Plan Costs." Adopted. (*99-161) Ratified bills in the amount of $3,743,844.81. REGULAR AGENDA ITEMS (99-162) Resolution No. 13100, "Appointing Michael J. Gwynn as a Member of the Social Service Human Relations Board." Adopted. Mayor Appezzato announced Mr. Gwynn was not present and would be administered the Oath of Office at a later date. Vice Mayor Daysog moved adoption of the Resolution. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. (99-163) Recommendation to adopt Amendment No. 3 to FY 1998-99 Community Development Block Grant (CDBG) Action Plan; adopt FY 1999-2000 CDBG Action Plan; and authorize execution of Housing and Urban Development Documents, City Grant Modifications, and Agreements and Related Documents; and Regular Meeting Alameda City Council April 6, 1999 (99 -163A) Recommendation to accept Report regarding FY 1999 -2000 CDBG Public Service Allocations. Patricia Weiner, Family Violence Law Center, stated the vast majority of the Center's clients have children who witness violence; the Center's services include: crisis counseling, hotline information and referrals, peer support groups, and legal services, e.g. restraining orders, custody and criminal court advocacy; the Center is the only agency in Northern California which exclusively provides legal services to victims of domestic violence; the CDBG funding is critical to assist Alameda residents. Belinda Hord, former client of Family Violence Law Center, stated that she was a battered wife; the Center provided legal support; the organization provides vital work to protect women and children from violence. Councilmember Kerr stated the City of Oakland did not use $150,000 of its funding; the Community Development Department should determine whether the City of Alameda can obtain said funding; the Multi- Cultural Center is a fine idea, however, she has concerns regarding the firm [East Bay Asian Development Corporation] selected to run the Center; the East Bay Asian Development Corporation (EBALDC), which is a real, estate developer, has been attempting to get around the City's development processes; the City went through a three -year process to select the FISC developer; after many Public Hearings, the community decided a particular path for the redevelopment of FISC; the City has received communications which state EBALDC would like to pay a reduced price for the land; the last letter indicated the City would net $4.5 million; the City's consultant believes the property should net $18.2 million; the City went through a public process; EBALDC is attempting to run around the process and give the City $14 million less than should be paid for the property; that she supports the concept of a Multi - Cultural Center, but has serious problems with an organization operating in the above - noted fashion; requested that the approval of funding for the Multi- Cultural Center be considered in a motion separate from approval of other CDBG funding; moved acceptance of the recommendation of CDBG funding with the exception of the EBALDC proposal [Multi- Cultural Funding] . Reverend Juan Saavedra, Court Street United Methodist Church, stated that he is the development consultant for the Multi - Cultural Center; EBALDC is only the fiscal agent for the Multi - Cultural Center; the Center's funding should not be threatened; during the past year, the Multi- Cultural Center has been doing tremendous work, e.g outreach to welfare recipients. Vickie Smith, Coalition of Alamedans for Racial Equality (CARE), requested to review information regarding EBALDC's development proposal. Regular Meeting Alameda City Council April 6, 1999 1 1 • In response to Ms. Smith's request, Councilmember Kerr stated that she was referring to a communication to the Planning Board from Lynette Lee, EBDALC's Executive Director; said letter is the second communication from EBALDC; the first communication suggested that the City give East Housing to EBALDC; the second [letter], which was just received, suggests EBALDC pay the City a reduced amount of money; requested the City Clerk to provide a copy of the letter to Ms. Smith. Ms. Smith further stated EBALDC's development proposal should not be related to the Multi-Cultural Center's funds. Councilmember Kerr stated that she is concerned about EBALDC's request to reduce the amount of money offered for the development of [East Housing] property by $14 million; said money belongs to the people of Alameda; that she is not opposed to EBALDC because of any connection with Catellus [proposed developer]. Mayor Appezzato stated EBALDC is supporting the Multi-Cultural Center, however, the issue before the City Council is not the development of East Housing; said development is a separate proposal which Council already decided. Councilmember Kerr stated that she questions EBALDC's ethics, it is a matter of character; repeated her motion to approve the balance [of the staff recommendation with the exception of the Multi-Cultural Center funding]. Mayor Appezzato further stated Council made a decision regarding East Housing. Cynthia Ridenour, Alameda, inquired where EBALDC is located. Councilmember Kerr responded that EBALDC is located in the City of Oakland. Ms. Ridenour further inquired why an Oakland entity is running Alameda's Multi-Cultural Center and why a land development company should be involved with a Multi-Cultural Center. Reverend Saavedra stated EBALDC is experienced in developing center-type activities and does not only develop land; also, EBALDC is only the fiscal agent and does not run the Multi-Cultural Center; the Center has a Board of Directors which is composed of nine representatives from Alameda-based organizations. Councilmember Kerr stated EBALDC is listed as the lead agent on the project. Ms. Ridenour stated that she still questions'the use of an outside entity's involvement with a community organization. Regular Meeting Alameda City Council April 6, 1999 Vice Mayor Daysog stated for CDBG funded projects, the City often works with agencies which are not based in Alameda, e.g. Family Violence Law Center and Sentinel Fair Housing; if the City has to turn to an outside agency, said agencies are sensitive to providing services to Alamedans; EBALDC is an excellent non - profit developer of affordable housing; that he is opposed to EBALDC's approach to East Housing, however, EBALDC is a fine fiscal agent to work with Alameda -based organizations to provide the Multi - Cultural Center; encouraged Council to approve funding for Multi - Cultural Center. Mayor Appezzato stated the City is not entertaining any agreement with EBALDC [for development of East Housing] at this time; a project is not underway. Councilmember Johnson stated [Multi- Cultural Center] operators are Alameda agencies; EBALDC is only the fiscal agent; other issues with EBALDC are not related to the Multi - Cultural Center. Mayor Appezzato stated EBALDC ran the Multi - Cultural Center last year. Councilmember DeWitt seconded the motion to support CDBG funding with the exception of the Multi- Cultural Center funding. Motion carried by unanimous voice vote - 5. Councilmember Kerr stated that she supports the concept of a Multi - Cultural Center; and that she hopes the Center has integrated the African - American and Filipino communities. Councilmember DeWitt moved approval of CDBG 1999 -2000 funding for the Multi - Cultural Center. Vice Mayor Daysog seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Daysog, DeWitt, Johnson and Mayor Appezzato - 4. Noes: Councilmember Kerr - 1. ORAL COMMUNICATIONS, NON - AGENDA (99 -164) Reverend Betty Q. Williams, Alameda Race Violence Task Force, stated that she came to address the flyer which was sent to the black community; having any part of the community live in fear and be treated differently is against the Constitution; there was a meeting, with the Mayor, City Manager, Phyllis Marshall, Pastor Shulz, Pastor Yoshii and a few others; the black community was not included in said meeting; the threat [in the flyer] was not just made to Parrot Village - -it was made to all blacks in Section 8 housing; a few blacks not in Section 8 housing also received the flyer; people in the City believe the flyer only went to Parrot Village which is not true; after the Police Department racial slur incident, they were informed there was no recourse, however club owners and others were compensated; further stated action should be taken; there is reason to believe the conspiracy Regular Meeting Alameda City Council April 6, 1999 is in the Housing Authority; said matter should be addressed; inquired how individuals knew where to place flyers and knew about Section 8 tenants; stated the black community is very frightened; the flyer did not just go to one housing unit; blacks in the community were targeted; meetings need to be held with the people threatened, not just a select group; that she was informed Presidents of various organizations were called; she is the President of the Alameda Race Violence Task Force, and no one called her. Councilmember Kerr stated the Police are actively investigating said issue. (99-165) Anita Francis, Alameda, stated that she has lived in Housing Authority housing for 17 years; it is not right for money to be taken from SSI and Welfare checks; that she received a letter [threatening notice] on her door; that she is frightened and her 17 year old daughter is now afraid to be in the house alone. COUNCIL COMMUNICATIONS (99-166) Written ComMunication from Association of Bay Area Governments (ABAG) and designation of delegate for ABAG's General Assembly. Councilmember DeWitt moved selection of Councilmember Johnson as ABAG delegate and Mayor Appezzato as the alternate. Vice Mayor Daysog seconded the motion, which carried by unanimous voice vote - 5. (99-167) Mayor Appezzato announced Joel Hynek and the entire Manex crew won the Academy Award for the Robin Williams' movie "What Dreams May Come"; said company is located at Alameda Point; suggested Manex participate in the millennium celebration. (99-168) Councilmember Kerr requested an off agenda report on whether Cal Trans has accepted the work on the [Bay Farm Island] Bike Bridge. (99-169) Councilmember Kerr stated that in the newspaper, there was a letter which stated the City of Alameda does not have an agency to deal with rental property and rent increases; announced the Rent Review Advisory Committee has a 95% success rate in reaching agreement between landlords and tenants; further stated the City's rental stock has not decreased as has been the case in cities with rent control, e.g. Berkeley; the RRAC exists and is very successful. (99-170) Councilmember Kerr stated that regarding Park Street Trammel Crow [proposal], people want to know why residents are not queried on the type of stores they would like to see on Park Street, e.g. a good deli; inquired whether the City could include a block on its web page Regular Meeting Alameda City Council April 6, 1999 120 for Park Street suggestions to allow people to inform the City of their ideas for Park Street; staff is taking steps to hear from the businesses on Park Street; the City should hear from rest of the people regarding the type of shopping they would like on Park Street. Mayor Appezzato stated the Economic Development Commission will address Park Street at a meeting in May; citizens are encouraged to attend said meeting; regarding South Shore J.C. Pennys will stay and Old Navy is interested in establishing a store in Alameda. (99 -171) Vice Mayor Daysog stated thirty one years ago an ordinary citizen [Martin Luther King, Jr.] made the ultimate sacrifice; over the last three decades, progress has been made; the notice with disturbing language about the African - American community indicates there is still work; to celebrate the next millennium, efforts will have to be doubled to bring everyone together; the Hate Violence Committee demonstrates we are endeavoring to work together. (99 -172) Councilmember Johnson requested information on tree planting policy, including how dead trees are discovered and replaced. (99 -173) Councilmember Kerr stated a tenant from Parrot Village spoke this evening [Anita Francis]; that she [ Councilmember Kerr] lives on the north side; the flyer was a threat to everyone in the neighborhood. ADJOURNMENT (99-174) There being no further business, Mayor Appezzato adjourned the Regular Meeting at 9:08 p.m. in honor of former Councilmember Charlie Tillman. Respectfully submitted, Diane B. Felsch, CMC City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council April 6, 1999