2000-08-01 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY - - AUGUST 1, 2000 - - 7:30 P.M.
Mayor Appezzato convened the Regular Meeting at 8:52 p.m.
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
(00 -422) Presentation of Certificates of Service to: Robert Ryan,
former Housing Commissioner; Bonnie Conner, former Library Board
Member; Lee Harris, former Planning Board Member; Ken Hansen,
former Public Utilities Board Member; and Danielle Bailey, Victoria
Ryan, and Judy Tam, former Social Service Human Relations Board
Members.
Mayor Appezzato presented Service Certificates to Board Members in
attendance: Bonnie Conner and Ken Hansen.
Sebastian Baldassare, Chair, Public Utilities Board, thanked Mr.
Hansen for his contributions and presented him [Mr. Hansen] with a
Alameda Power & Telecom shirt.
(00 -423) Proclamation declaring August 8, 2000 as Housing
Authority Appreciation Day.
Mayor Appezzato read the Proclamation and presented it to Judge
Bartalini, Housing Commission Chair.
Judge Bartalini outlined Housing Authority projects and programs.
CONSENT CALENDAR
Mayor Appezzato announced the Resolution consenting and calling a
Joint Public Hearing on the proposed amendment to the Community
Improvement Plan for BWIP [paragraph no. 00 -432] was removed from
the Consent Calender for discussion.
Vice Mayor Daysog moved approval of the remainder of the Consent
Calender.
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Councilmember Johnson seconded the motion, which carried by
unanimous voice vote - 5. [Items so enacted or adopted are
indicated by an asterisk preceding the paragraph number.]
( *00 -424) Minutes of the Special City Council, Special Joint City
Council and Community Improvement Commission, and the Regular City
Council Meetings held on July 18, 2000. Approved.
( *00 -425) Recommendation to accept Quarterly Investment Report for
the Period Ending June 30, 2000. Accepted.
( *00 -426) Recommendation to authorize the installation of Two -way
Stop Controls at the Intersection of Lincoln Avenue and Haight
Avenue. Accepted.
( *00 -427) Recommendation to reappoint representatives to the
Oakland Airport - Community Noise Management Forum. Accepted.
( *00 -428) Recommendation to adopt Plans and Specifications and
authorize call for Bids for Earl Fry Golf Course Automated
Irrigation System Project, No. P.W. 03- 00 -07. Accepted.
( *00 -429) Recommendation to authorize the City Manager to amend
Consulting Contract with Dyett & Bhatia for General Plan
Amendment /Update. Accepted.
( *00 -430) Recommendation to approve Specifications and authorize
call for Bids for the Purchase of a Police Patrol Boat. Accepted.
( *00 -431) Recommendation to approve Membership in the Library of
California, Golden Gateway Library Network, Region 2. Accepted.
(00 -432) Resolution No. 13256, "Consenting to and Calling a Joint
Public Hearing on the Proposed Amendment to the Community
Improvement Plan for the Business and Waterfront Improvement
Project (BWIP)." (Marina Cove Subdivision) Adopted.
The following speakers submitted speaker slips not in favor of the
Resolution, but were not present: Melissa Ehn, Buena Vista Avenue
Neighbors (BVAN); David Landau, BVAN; Douglas Holmes, BVAN; Steven
Gerstle, Alameda; Clarice Olson, Alameda; and Debra Arbuckle,
Neighborhood Coalition.
Mayor Appezzato announced speakers addressed the matter at the
Special Community Improvement Commission Meeting prior to the
Regular City Council Meeting [refer to paragraph no. 00 -371.
Councilmember Kerr stated the Council is only acknowledging receipt
of the Report [from the Community Improvement Commission].
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Councilmember Kerr moved adoption of the Resolution.
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote - 5.
( *00 -433) Resolution No. 13257, "Approving Parcel Map 7470 at 1700
Harbor Bay Parkway for Ruggeri, Jensen, Azar and Associates for
Lennar Partners." Adopted.
(00 -434) Resolution
Harbor Bay Parkway,
Associates." Adopted.
No. 13258, "Approving Parcel Map 7442 for
Phase 4, for Ruggeri, Jensen, Azar and
(00 -435) Ratified bills in the amount of $ 3,626,572.36.
REGULAR AGENDA ITEMS
(00 -436) Resolution No. 13259, "Reappointing Neil G. Coe as a
Member of the City Housing and Building Code Hearing and Appeals
Board." Adopted.
Councilmember DeWitt moved adoption of the Resolution.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
The City Clerk gave the Oath of Office and presented Mr. Coe with a
Certificate of Reappointment.
(00 -437) Resolution No. 13260, "Reappointing Lee Stuart Darrow as
a Member of the City Housing and Building Code Hearing and Appeals
Board." Adopted.
Councilmember Johnson moved adoption of the Resolution.
Vice Mayor Daysog seconded the motion, which carried by unanimous
voice vote - 5.
[Mr. Darrow was not in attendance.]
(00 -438) Resolution No. 13261, "Reappointing Michael J. Gwynn as a
Member of the Social Service Human Relations Board." Adopted.
Vice Mayor Daysog moved adoption of the Resolution.
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote - 5.
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August 1, 2000
The City Clerk gave the Oath of Office and presented Mr. Gwynn with
a Certificate of Reappointment.
(00 -439) Resolution No. 13262, "Appointing Jim C. Franz as a
Member of the Social Service Human Relations Board." Adopted.
Councilmember DeWitt moved adoption of the Resolution.
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote - 5.
The City Clerk gave the Oath of Office and presented Mr. Franz with
a Certificate of Appointment.
(00 -440) Public Hearing to consider an appeal of a Planning Board
Approval of Use Permit, UP -99 -48 for a club /cultural and community
membership organization use and a residence in the C -1 Neighborhood
Business Zoning District, at 842 Central Avenue. Applicants:
Alameda Multi - Cultural Community Center and Dennis Keefe.
Appellants: Mary Hawver and Chris Knowlton, on behalf of Neptune
Beach Neighborhood Association;
(00 -440A) Written Communication from Barbara M. Thomas, Esq.,
Alameda, in support of the Appeal filed by Neptune Beach
Neighborhood Association; and
(00 -440B) Resolution No. 13263, "Denying an Appeal and Sustaining
Planning Board Approval of Use Permit UP- 99 -48, for a Cultural and
Community Membership Organization and for a Residence, in the C -1
(Neighborhood Business) Zoning District, Alameda Multi - Cultural
Community Center, 842 Central Avenue." Adopted.
Mayor Appezzato opened the Public Portion of the Hearing.
Proponents (In favor of Appeal):
Barbara Thomas, Legal Counsel for Neptune Beach Neighborhood
Association (NBNA);
Thomas Westoby, Alameda;
Len Grzanka, Alameda;
Mary Hawver, NBNA;
Lisa Griffith, NBNA (not present); and
Chris Knowlton, NBNA.
Opponents (Not in favor of Appeal):
Debra Arbuckle, Alameda;
Judge Richard Bartalini, Alameda;
Jon Spangler, Alameda;
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Jeanette Blythe, Alameda;
Michael Gwynne, Social Service Human Relations Board;
Chris Novosel, Alameda;
Lois Workman, Alameda;
Ken Werner, Alameda (not present);
Elaine Shen, Television Race Initiative (not present);
Kathy deRosas (not present);
Austin Tam, Student;
Matt Fong, Student;
Jim Franz, Alameda;
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Opponents (continued):
Heather Heppner, Alameda;
Vicki Smith, C.A.R.E.;
Cynthia Rosenthal, Alameda;
Allan Shore, Alameda;
David Edwards, Alameda;
Tim Beloney, Alameda Multi - Cultural Community Center;
Christine Harrison, Alameda; and
Donna Wood, Alameda.
Following NBNA Legal Counsel Barbara Thomas's comments, Vice Mayor
Daysog inquired whether NBNA would accept residential preferential
parking as a solution to the parking problem.
Ms. Thomas responded in the affirmative; stated the Multi - Cultural
Center will take up all available parking in the vicinity everyday
until 9:00 p.m.; Berkeley has preferential parking; that she
provided pictures of the commercial zone, which is 500 feet long
and has 40 parking spaces for 12 businesses and 60 dwelling units;
questioned where people will park; further stated residential
parking has been established in San Francisco, Berkeley, and Walnut
Creek; only residents are allowed to park in residential areas
where signs are put up, residents are provided parking stickers,
and visitors placards are available for guests visiting residents.
Vice Mayor Daysog stated if parking around the Multi - Cultural
Center is reserved for residents, there would have to be off -site
parking for the Center; inquired whether Washington School would be
acceptable to Appellants.
Ms. Thomas stated Washington School parents and residents have not
been notified; if everyone [from the Center] would park at
Washington School, rather than the neighborhood, it would go a long
way to make the Center a more acceptable neighbor.
Following Len Grzanka's comments recommending that the Multi -
Cultural Center be relocated to Alameda Point, Mayor Appezzato
stated if the Multi - Cultural Center moves to Alameda Point, people
will object to said location; that he requested the City Manager to
work with the [Homeless] Collaborative and Multi - Cultural Center
personnel to explore the possibility of relocating the Center to
Alameda Point in the future if it is appropriate; there are no
results at this time.
Following Chris Knowlton's comments, Mayor Appezzato inquired
whether the Neptune Beach Neighborhood Association (NBNA) had a set
of bylaws, to which Ms. Knowlton responded in the negative.
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In response to Mayor Appezzato's inquiry whether Ms. Knowlton was
the President [of NBNA], Ms. Knowlton stated the organization was
not formal and the people selected her informally.
Mayor Appezzato further inquired whether everyone in the
neighborhood, including the Multi - Cultural Center, was invited to
join, to which Ms. Knowlton responded in the affirmative, and
stated flyers were placed on every doorstep.
In response to Mayor Appezzato's inquiry whether the Multi - Cultural
Center was specifically invited to join, Ms. Knowlton responded in
the negative.
Mayor Appezzato stated the Neighborhood Association seems
exclusive, rather than inclusive.
Ms. Knowlton stated they [Association members] were involved with
the Center until Marino Juaco [Multi- Cultural Center Executive
Director] sent a mass mailing targeting the [Association]
leadership as racist.
Mayor Appezzato stated in regard to the organization [NBNA], that
if one group or person was excluded, NBNA is exclusive in nature;
there are other associations in Alameda forming that are also
exclusionary.
Ms. Knowlton stated that the organization's [NBNA] members live
there; all neighbors received flyers on their doorsteps.
Councilmember Kerr stated her Neighborhood Association is an
association of neighborhood residents and is not restricted to
homeownership, as some groups; her Association is inclusionary of
tenants and homeowners alike, represents residential interests, and
is exclusionary because it will not represent the interests of
business organizations; Harbor Bay Isle homeowners associations are
restricted to homeowners; there is nothing wrong with residential
organizations; no one should be calling the organization [NBNA]
exclusionary; [business] organizations, such as West Alameda
Business Association, Greater Alameda Business Association and Park
Street Business Association, would not be called exclusionary; said
organizations very properly represent businesses.
Mayor Appezzato stated that he is concerned with groups being
calling neighborhood associations without everybody belonging.
Mr. Westoby stated that he objected to NBNA being called
exclusionary.
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Ms. Thomas stated the resident who lives at the Multi - Cultural
Center was invited and attended the [NBNA] meeting.
There being no further speakers, Mayor Appezzato closed the public
portion of the Hearing.
Councilmember Johnson moved approval of the Planning Board's
Recommendation [adoption of the Resolution denying the Appeal].
Councilmember Johnson stated the Planning Board placed restrictions
on use, which will be reviewed in six months; the Planning Board
reached a balance between concerns of the neighborhood versus needs
of the Multi - Cultural Center; there has not been a significant
problem at the Center since a dance held a year ago; the group from
the neighborhood has not been willing to work with the Multi -
Cultural Center; if there are serious problems, the matter will be
reviewed in six months; there seems to be reasonable limitations on
use; parking is a problem, however it is a problem in many Alameda
neighborhoods.
Vice Mayor Daysog seconded the motion.
Under discussion, Vice Mayor Daysog inquired whether the building
has capacity for 150 people.
Planner Dave Valeksa responded in the affirmative.
Vice Mayor Daysog stated the Planning Board placed a condition
limiting occupancy to 40 people, except on special occasions; the
Center generally does not have 40 people present on a typical
afternoon; the Planning Board limited special events to one daytime
event and one nighttime event per month, with only 85 persons
permitted to attend; the use permit will be reviewed in six months;
the Multi - Cultural Center made sacrifices and agreed to tough
conditions.
Councilmember DeWitt stated the Multi - Cultural Center received
special attention because it is different from a normal business
and has a different mission; taxpayers' money is used to support
the Center because there is a need; the Center has educational -,
social -, job training -, non- english speaking -, and children
programs; programs make the Center a part of the City; special
social work is being done at the Center; and offered to meet with
the Neighborhood Association.
Councilmember Kerr stated that when she has been to the Multi -
Cultural Center, noise has been very loud; if she lived next door,
she would have strong objections to noise; important work is being
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August 1, 2000
done at the Center; if the motion could be amended to require
musical events to be held at other venues, she could support the
recommendation; the Alameda Municipal Code does not allow land in a
residential area to be used for parking in a commercial zone;
Washington School is in a residential area; laws should apply to
all; congratulated the Multi - Cultural Center for holding the Multi -
Cultural Festival at the College of Alameda, which was a great
location.
Mayor Appezzato stated City government's role is to promote the
common good of the entire City; the common good might not be
acceptable to everyone in the community; all of the Councilmembers
have been to the Center and voted to support it; alternatives
[other locations] will be explored if in the best interest of the
Multi - Cultural Center; requested the Multi - Cultural Center to
continue to reach out to the neighbors.
On the call for the question, the motion carried by the following
voice vote: Ayes: Councilmembers Daysog, DeWitt, Johnson and Mayor
Appezzato - 4. Noes: Councilmember Kerr - 1.
SPECIAL ORDER OF THE DAY
(00 -441) Mayor Appezzato announced that Lars Hansson of the Park
Street Business Association was present to announce the upcoming
Art & Wine Faire.
Lars Hansson, Park Street Business Association, announced that the
16th Annual Art Street Wine and Art Street Faire was August 5 and
6; presented the Mayor and Councilmembers with commemorative
glasses; and thanked sponsors and volunteers.
REGULAR AGENDA ITEMS
(00 -442) Transmittal of City Attorney's Impartial Analysis of
Library Bond Measure.
Councilmember Johnson moved approval [acceptance of the Impartial
Analysis].
Councilmember DeWitt seconded the motion.
Under discussion, Councilmember Kerr inquired whether Council
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action was necessary.
The City Attorney responded no action was necessary; stated if
desired, she could read the Impartial Analysis.
Mayor Appezzato inquired what the benefit of reading the Analysis
was, to which the City Attorney responded to make what is going in
the [November Sample] ballot public.
The City Attorney read the Impartial Analysis.
In response to Mayor Appezzato's inquiry whether the motion to
accept the Analysis was needed, the City Attorney stated no action
was necessary.
Mayor Appezzato inquired whether the Analysis would be published in
the newspaper, to which the City Attorney responded the Analysis
would not be published in the newspaper, it would be published in
the voter's ballot pamphlet.
In response to Mayor Appezzato's inquiry regarding the item he
would sign, the City Attorney stated that when the matter was
placed on the ballot, the City Council authorized Mayor Appezzato
to sign the proposition [argument] in support of the ballot
measure.
(00 -443) Ordinance No. 2842, "Amending Subsection 30 -78.6 (Waiver
of Parcel Map) of Section 30 -78 (Tentative and Parcel Maps) Chapter
XXX (Development Regulations)." Finally passed.
Vice Mayor Daysog moved final passage of the Ordinance.
Councilmember DeWitt seconded the motion, which carried by
unanimous voice vote - 5.
ORAL COMMUNICATIONS, NON- AGENDA
None.
COUNCIL COMMUNICATIONS
(00 -444) Consideration of Mayor's nominations (2) for appointment
to the Social Service Human Relations Board. [Partial term expiring
6/30/2003, and partial term expiring 6/30/2001]
Mayor Appezzato nominated Ann P. Zukoski and Stephen J. Winton -
Henry for appointment to the Social Service Human Relations Board.
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August 1, 2000
(00 -445) Mayor Appezzato stated deregulation of the electrical
system in California has caused San Diego's rates to double;
requested the City Manager to inform Council how deregulation will
effect Alameda in the future.
The City Manager stated staff would create a context and report on
implications of deregulation.
(00 -446) Mayor Appezzato announced that the City will receive
$1.298 Million from HUD in Community Development Block Grant funds.
(00 -447) Councilmember Kerr stated merchants in the shopping area
near Pagano's Hardware Store [at 1100 Lincoln Avenue] informed her
the revised street sweeping schedule does not conform with signs;
new signs have not been put up to indicate the time when parking is
not permitted in the commercial area; requested staff to review
matter.
(00 -448) Councilmember Kerr stated an organization has been
encouraging non - profit organizations to write letters on leasing
space at the Alameda Point Community Center, Buildings 101 and 607;
leasing should be coordinated with City staff; aside from known
activities, such as Headstart and a healthcare clinic, there have
been promises of vision performing arts, a commercial cafe, and
other community services, such as a branch library; the letter also
mentions the Multi - Cultural Center might relocate to said Center;
the City should coordinate the matter; everybody should get on the
same page about the future of the buildings which are leased to the
Homeless Collaborative.
(00 -449) Vice Mayor Daysog stated a resident of Bridgeport Harbor
Isle informed him City staff directed the property managers to
close a wall which faces Atlantic Avenue; the opening allows people
to get to a bus stop; requested information on matter.
(00 -450) Vice Mayor Daysog stated
with the City Manager and AP &T
activities in southern California;
should be circulated; said memo
relative to other cities which are
and advantages of Alameda's member
Power Association.
that he discussed deregulation
General Manager, because of
a summary memo was prepared and
addressed Alameda's position
not in a regulated environment,
ship in the Northern California
(00 -451) Vice Mayor Daysog stated the East Bay Express publication
has an advertisement for a Social Investment Workshop primarily
aimed at individual investors; inquired whether Alameda or other
cities have a social investment policy.
The City Manager stated that he has reviewed the matter with the
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August 1, 2000
City Treasurer last year; the Finance Director and he [City
Manager] have offered to work with the Treasurer to present
criteria for investments to the City Council.
(00 -452) Councilmember Johnson stated there were serious problems
at the Park Street Pub Crawl; beers were being sold on the
sidewalk; minors were walking down the street with alcohol; there
were problems for the merchants on Park Street; the City should
work to prevent the event from occurring next year, and should try
to work with organizers to control the event.
The City Manager stated the Chief of Police will follow -up; the
Park Street Business Association (PSBR) will be contacted try to
have a more coordinated effort next year.
Mayor Appezzato stated that he requested staff to send a letter to
PSBR asking the Association to review the Pub Crawl and offering
assistance from the City so the event does not become a problem.
(00 -453) Councilmember Johnson stated the parking problems near
8th Street are caused by beach visitors parking in the
neighborhoods and on streets, rather than paying $5 to park in the
East Bay Regional Park District's (EBRPD's) lot; the City should
work with EBRPD to set a reasonable fee; people also do not park in
the City lot to avoid parking meters; requested matter be reviewed.
The City Manager stated staff would follow -up.
ADJOURNMENT
There being no further business, Mayor Appezzato adjourned the
Regular Meeting at 10:55 p.m.
Respectfully submitted,
Diane B. Felsch, CMC
City Clerk
The Agenda for this meeting was posted in accordance with the Brown
Act.
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August 1, 2000