1999-05-04 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- -MAY 4, 1999- -7:30 P.M.
Mayor Appezzato convened the Regular Meeting at 7:40 p.m.
ROLL CALL - Present:
Absent:
AGENDA CHANGES
' 1
I
Councilmembers Daysog, DeWitt, Johnson,
Kerr and Mayor Appezzato - 5.
None.
(99-203) Mayor Appezzato announced that the Resolution Providing
for the Borrowing of Funds for Fiscal Year 1999-2000 [paragraph no.
99-219] was removed from the Consent Calendar and would be
considered on the Regular Agenda.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(99-204) Presentation by Work for Alameda Youth (WAY) on status of
program.
Kim Coulthurst, WAY Director, submitted information on WAY and
discussed future goals; Dinh Luong, Assistant Director, and Kim Ly,
WAY Intern, gave an overview of WAY's accomplishments, e.g. job
placement and training.
(99-205) Proclamation declaring May 4, 1999 as "Manex
Entertainment Day".
Mayor Appezzato read the Proclamation and presented it o Rob Bobo
and Joel Hynek.
(99-206) Presentation of Certificates of Achievement to Alanieda
Stars (Girls Softball, Twelve Years and Under).
Mayor Appezzato introduced Coaches Dan Parajon and Rich Pipkin and
the Alameda Stars Team Members: Kayleigh Calandri (not present),
Milan Chamberlain (not present), Tracilyn Garcia-Lum, Kelly Lowe,
Amber Merrigan, Melissa Mora, Gina Parodi, Samantha Pickett, Meghan
Pipkin, Laurel Pipkin, Erin Poole, and Julie Stauder.
Coaches Pipkin and Parajon thanked the Council for recognizing the
Stars and reviewed the teams accomplishments.
(99-207) Proclamation declaring the week of May 17-21, 1999 as
"Bike-To-Work Week".
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May 4, 1999
Mayor Appezzato read the Proclamation and
Woods, East Bay Bicycle Coalition Member.
(99-208) Proclamation declaring the week of
Incorporated Week".
Mayor Appezzato read the Proclamation and
Orbeta, President, Girls Incorporated of the
Amos, Executive Director.
(99-209) Proclamation declaring May as "Older Americans Month".
Mayor Appezzato read the Proclamation and presented it to Duke
Campbell, Mastick Senior Center Advisory Board Member, and Jackie
Krause, Mastick Senior Center Director.
presented it to Dan
May 10-15, 1999 "Girls
presented it to Bob
Island City, and Romy
CONSENT CALENDAR
Mayor Appezzato announced that the Quarterly Financial Report
[paragraph no. 99-215], Resolution Providing for the Borrowing of
Funds for Fiscal Year 1999-2000 [paragraph no. 99-219] and the
Ordinance Requiring the Use of Safety Helmets, Elbow Pads and Knee
Pads [paragraph no. 99-220] were removed from the Consent Calendar
for discussion.
Councilmember Johnson commended the City Clerk and Deputy City
Clerk for the excellent job in preparing Minutes; and moved
acceptance of the remainder of the Consent Calendar.
Councilmember DeWitt seconded the motion, which carried by
unanimous voice vote - 5. [Items so enacted or adopted are
indicated by an asterisk preceding the paragraph number.]
(*99-210) Minutes of the Special and Regular City Council Meetings
held on April 20, 1999. Approved.
(*99-211) Recommendation to authorize calling for bids for Legal
Advertising for Fiscal Year 1999-2000. Accepted.
(*99-212) Recommendation to approve Agreement with Alameda County
to continue participation in Alameda County HOME Consortium and to
authorize the City Manager to execute necessary documents.
Accepted.
(*99-213) Recommendation to accept Quarterly Investment Report for
the period ending March 31, 1999. Accepted.
(*99-214) Recommendation to accept Quarterly Sales Tax Report for
Sales Transactions in the Fourth Calendar Quarter of 1998.
Accepted.
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Alameda City Council
May 4, 1999
(99 -215) Recommendation to accept Quarterly Financial Report for
the Period Ending March 31, 1999.
Councilmember Kerr complimented the Finance Director on the
excellent Report and moved acceptance of the, staff recommendation.
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote - 5.
( *99 -216) Recommendation to set June 15, 1999 as the Hearing date
for Establishment of Prop 4 Limit for 1999- 2000. Accepted.
( *99 -217) Recommendation to set June 1, 1999 as the. Hearing date to
seek authorization to place Delinquent Business License Fees on
Property Tax Bills. Accepted.
( *99 -218) Recommendation to authorize the City Manager to negotiate
and execute an Agreement between East Bay Municipal Utilities
District, the City of Alameda and the Port of Oakland for design of
the Alameda Point Estuary Sewer Relocation Project. Accepted.
(99 -219) Resolution No. 13102, "Providing for the Borrowing of
Funds for Fiscal Year 1999 -2000 and the Issuance and Sale of 1999
Tax and Revenue Anticipation Notes Therefor." Adopted.
[Regular Agenda Item]
Vice Mayor Daysog moved adoption of the Resolution.
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote 5.
(99 -220) Introduction of Ordinance Amending the Alameda Municipal
Code by Amending Subsection 23 -1.3 (Riding of Bicycles, Skateboards
and Skates in Parks, Etc. Prohibited) of Section 23 -1 (Parks and
Squares), Chapter XXIII (Parks, Recreation Areas and Public
Property) Requiring the Use of Safety Helmets, Elbow Pads and Knee
Pads. Introduced.
Richard Neveln, Alameda, stated the skateboard park facility should
require use of safety helmets, knees pads and elbow pads, and [said
requirement] be part of an operation license; no one should be
prohibited from using the facility.
Councilmember DeWitt urged youngsters to use the skateboard park
safely; and moved introduction of the Ordinance.
Vice Mayor Daysog seconded the motion.
Under discussion, Councilmember Kerr stated that previously, she
was informed State Law relieved the City of Alameda from all
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Alameda City Council
May 4, 1999
possible liability related to the skateboard park; however, the
Risk Manager provided a definition of hazardous recreation activity
which only exempts the City from liability for skateboarders 14
years of age and older; requested to Risk Manager to review
possible liability involved with the park.
The Risk Manager stated the City does not have total immunity;
young people 14 years old or older, or 18 years old and older,
might have some immunities; however, with those 13 years old and
under, the City is taking chances; the history of young people
using parks appears to indicate there are not a lot of injuries,
e.g. Palo Alto had thousands using the park and only nine injuries;
reviewing the total picture of liabilities, the City always accepts
a risk.
In response to Councilmember Kerr's inquiry regarding a park design
review, the Risk Manager stated to exercise immunity from
liability, a City Official, e.g. City Engineer, must sign off on
the plans; and the City Engineer plans to sign off.
Councilmember Kerr further stated those using the park will have to
be responsible for self-monitoring; trust is well placed [in
youth], however, there is liability.
Vice Mayor Daysog stated the City is taking diligent steps to
minimize liability; the age of younger than 14 years probably was
arrived at statutorily; if needed, the City could work with [State]
representatives regarding age requirements; announced more
volunteers are needed to work on the skateboard park.
On the call for the question, the motion carried by unanimous voice
vote - 5.
(*99-221) Ratified bills in the amount of $2,221,502.39.
REGULAR AGENDA ITEMS
[See Resolution No. 13102, paragraph no. 99-219]
ORAL COMMUNICATIONS, NON-AGENDA
(99-222) Yael Johnson, Alameda Education Foundation, presented
information from the Special School Board Meeting held on April 19,
1999; stated that by the year 2005, the Alameda Unified School
District (AUSD) will have an additional 1,700 students which would
require additional space equal to Encinal High School; currently,
based on the vision and goals of the District, AUSD is 184
students over capacity; twelve out of eighteen schools are over
capacity; two schools are less than 10 students under capacity; two
schools near the former Naval Air Station [Alameda Point] are over
capacity; all elementary and middle schools in central and east
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May 4, 1999
areas of the Island are over capacity; many important District
programs have been displaced; AUSD's vision is of neighborhood
schools with lower class sizes.
In response to Mayor Appezzato's inquiry regarding Ms. Johnson's
figure of 1700 students [see above], Ms. Johnson responded the
figure is based upon Coast Guard housing units, homeless housing
units and proposed housing units on the Navy Base [Alameda Point];
stated new housing tends to generate more students per unit than
older housing, and younger families are moving into Alameda.
(99-223) Jean Sweeney, Alameda, stated Environmental Impact
Statements [Reports] should include surveys of impacts on existing
businesses [providing the same service]; inquired why businesses,
different than those in existence, cannot be found; stated allowing
the same type of business to be established is not friendly to
[existing] merchants.
(99-224) Richard Neveln, Alameda, stated there was a picture and
article about the USS Hornet, Alameda Point, in the Alameda Times
Star Newspaper; there is no weekend bus service to Alameda Point;
members of the AC Transit Board of Directors informed him that the
City needs to send an official letter requesting the change in
service, and he suggested Councilmember Johnson send a letter;
further stated it is great that Councilmember Johnson is working to
extend public transit service to students in Alameda; the need for
weekend service to Alameda Point is urgent.
COUNCIL COMMUNICATIONS
(99-225) Vice Mayor Daysog thanked the Alameda Education
Foundation for raising the issue of the relationship between the
City and the School District.
(99-226) Mayor Appezzato stated that at the request of Council, he
wrote Department of the Treasury Secretary Rubin; in a letter of
response, Secretary Rubin indicated that the City's request for
Base reuse capital funding is being reviewed.
(99-227) Mayor Appezzato stated that he wrote a letter to the
President of the United States requesting that the former Navy Base
[Alameda Point] be turned over to the City at no cost; the matter
will be reviewed by Congress; hopefully, the federal government
will turn over the Naval Air Station this year or early next year
at no cost.
(99-228) Councilmember Johnson stated that she attended a Library
2000 meeting; at said meeting, the new Library Director emphasized
the importance of libraries in people's daily lives and in
education; she [Library Director] has the desire to have greater
collaboration between the City's education groups, e.g. Alameda
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May 4, 1999
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Education Foundation, and library organizations.
ADJOURNMENT
There being no further business, Mayor Appezzato adjourned the
Regular City Council Meeting at 8:37 p.m.
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
May 4, 1999