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2001-06-05 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - JUNE 5, 2001 - - 7:30 P.M. Mayor Appezzato convened the Regular Meeting at 7:30 p.m. Councilmember Kerr led the Pledge of Allegiance. Reverend Jack Buckley, First Presbyterian Church, gave the Invocation. ROLL CALL - Present: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. Absent: None. AGENDA CHANGES (01 -260) Mayor Appezzato announced that the Council Communications Item regarding a Joint Meeting between the City of Alameda and City of Oakland Councils [paragraph no. 01 -283] would not be heard. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (01 -261) Proclamation recognizing Gay Pride Month and the Gay and Lesbian Community of Alameda. Mayor Appezzato read the proclamation and presented it to Jim Franz, Social Service Human Relations Board; and requested Mr. Franz share the proclamation with members of the community. (01 -262) Presentation by the Chief of Police recognizing Emily R. Schultheis for her efforts to raise funding for the purchase of ballistic vests for the Police Department's K -9 "Officers." The Chief of Police presented a Certificate of Appreciation to Emily Schulteis for demonstrating civic pride and dedication to the Alameda Police Department K -9 Unit. The Chief of Police outlined Miss Schulteis' fund raising efforts; stated over $3,000 was raised for the purchase three vests for Police service dogs; introduced the Police Department K -9 unit. Sergeant Dwyer presented Miss Schulteis with tickets to Great America and acknowledged Miss Schulteis' mother, Cathy. Mayor Appezzato stated Miss Schulteis sets an example for members of the community. Emily Schulteis introduced her family; thanked everyone for helping with the "Protect Our Pups" Project. Regular Meeting Alameda City Council 1 June 5, 2001 Mayor Appezzato requested a Proclamation declaring a day or week in honor of Miss Schulteis be placed on an upcoming Council Agenda. (01 -263) Proclamation declaring June 1 through June 10, 2001, as "Affordable Housing Week." Mayor Appezzato read the proclamation and presented it to Gregg Fujita and Robert Kemp, Alameda Development Corporation (ADC); David Mercado, Housing Commission; Jack Shepard and Jim Franz, Alameda Point Collaborative; Lisa Motoyama, East Bay Housing Organization (EBHO); and Peggy Doherty, Renewed HOPE and EBHO. Gregg Fujita, ADC, stated ADC is looking forward to its first ground breaking ceremony in the near future. David Mercado, Housing Commission, stated the Housing Authority created three new homeownership units at the corner of Santa Clara Avenue and Walnut Avenue. Councilmember Kerr stated the Housing Authority is responsible for providing almost all assisted housing in Alameda and supervising over 1,300 Section 8 Certificates in the City. Mayor Appezzato noted the Housing Authority has won awards from HUD [Housing and Urban Development]. Councilmember Johnson stated a survey indicated Housing Authority tenants have high satisfaction levels. Jim Franz, Alameda Point Collaborative, stated the Collaborative is composed of many County -wide organizations and provides housing in Alameda; by the end of the year, there will be over 200 families, including Veterans, living at Alameda Point. Jack Shepard, Alameda Point Collaborative Interim Executive Director, stated that he looks forward to working with the City to make the Collaborative and the [former Navy] Base a success. Lisa Motoyama, EBHO Board Member, thanked the City Council and Mayor for recognizing EBHO's efforts in Alameda. Peggy Doherty, EBHO, presented Council with EBHO's publication entitled "Healthy Communities Build Affordable Housing;" stated Alameda faces formidable challenges to meet housing goals; that she attended a recent workshop on the Housing Element [of the General Plan]; citizens are providing quality suggestions. Mayor Appezzato suggested Alameda Development Corporation submit Regular Meeting Alameda City Council 2 June 5, 2001 photographs of its project for inclusion in EBHO's publication next year. CONSENT CALENDAR Councilmember Kerr moved approval of the Consent Calendar. Vice Mayor 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.] ( *01 -264) Minutes of the Special and Regular City Council Meetings held on May 15, 2001. Approved. ( *01 -265) Recommendation to allocate additional funds for the construction of the Naval Air Station Alameda Replacement Wastewater Interceptor System Project - Phase 3 Pump Station No. 1 Rehabilitation Project. Accepted. ( *01 -266) Recommendation to approve an Agreement between the City of Alameda and Alameda Reuse and Redevelopment Authority regarding Payments In Lieu of the Application of the Citywide Development Impact Fee. Accepted. ( *01 -267) Resolution No. 13339, "Authorizing Open Market Purchase from Tiburon, Inc., Pursuant to Section 3 -15 of the Alameda City Charter for Purchase of Servers and Software Upgrades for the Police Department Computer Upgrade (Requires four (4) affirmative votes) and by motion, authorize the execution of a Contract with Tiburon, Inc." Adopted. ( *01 -268) Resolution No. 13340, "Approving and Adopting the Final Disadvantaged Overall Annual Adopted. Business Enterprise (DBE) Program and Established DBE Goal of loo for Federal Fiscal Year 2000 -01." ( *01 -269) Ratified Bills in the amount of $2,368,543.65. REGULAR AGENDA ITEMS (01 -270) Public Hearing to consider Adoption of Resolution Confirming the Business Improvement Area Report for FY 2001 -02 and Levying an Annual Assessment on the Alameda Business Improvement Area of the City of Alameda for FY 2001 -02. (01 -270A) Resolution No. 13341, "Confirming the Business Improvement Area Report for FY 2001 -02 and Levying an Annual Regular Meeting Alameda City Council 3 June 5, 2001 Assessment on the Alameda Business Improvement Area of the City of Alameda for FY 2001 -02." Adopted. Mayor Appezzato opened the public portion of the Hearing. Proponent: Robb Ratto, Park Street Business Association. There being no further speakers, Mayor Appezzato closed the public portion of the Hearing. Councilmember Johnson moved adoption of the Resolution. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. (01 -271) Final Passage of Ordinance No. 2859, "Amending the Alameda Municipal Code by Repealing the Existing Article 27 -1 and Adding a New Article 27 -1 (Affordable Housing Unit /Fee Requirements) to Chapter XXVII (Development Fees)." Finally passed. Vice Mayor DeWitt moved final passage of Ordinance. Councilmember Daysog seconded the motion, which carried by unanimous vote vote - 5. ORAL COMMUNICATIONS, NON- AGENDA (01 -272) Bob Woods, BMX Riders Organization and Alameda resident, stated the City of Santa Clarita's Public Skate Park has allowed a trial period for bicycle riders [to use skate park]; the trial period has gone well; on June 12, the Santa Clarita City Council will vote on whether the use will be allowed permanently; in Oregon, bicycle riders are permitted to use a skate park during separate times [than skateboards]; in Utah, a new skate park permits bicycle riders all day on Mondays and Wednesdays; other areas in the State and country are allowing bicycles in skate parks; information could not be given to him from the City Attorney because it fell under Client - Attorney privilege; the matter will be addressed at the next Recreation and Park Commission meeting; bicycle riders helped build the Skate Park and are being denied access and ticketed for using the Skate Park. Mayor Appezzato requested the City Manager to take the matter under advisement. Councilmember Kerr stated that when the Skate Park came before the Regular Meeting Alameda City Council 4 June 5, 2001 Council, legal issues were discussed openly, e.g. insurance problems; there is not a big secret; the discussion is in the Minutes, which are available to the public. The City Attorney stated extensive information has been provided to the Recreation and Park Department and is available to anyone who requests it; the BMX Bicycle people asked for a copy of a confidential Attorney- Client privileged memorandum, which was the only document that was not produced. Councilmember Daysog noted the City of Piedmont will be allowing bikes in its skateboard park; suggested Mr. Woods review a recent newspaper article on the matter. COUNCIL COMMUNICATIONS (01 -273) Mayor Appezzato stated Mr. [Alan] Burfford submitted a letter regarding the sale of lethal weapons to children, including crossbows; Mr. Burfford's children bought and used a crossbow which penetrated a board; Mr. Burfford is concerned about potentially lethal crossbows and bb guns; requested the City Manager to have staff contact Mr. Burfford and inform him the City is looking into the matter to determine ramifications. (01 -274) Mayor Appezzato stated that he received a number of phone calls and letters regarding dioxin and requested the City Manager to provide as much information as possible; the issue is being dealt with by the City of Oakland, the Bay Area Air Quality District, the Board of Supervisors and the federal government; unions and jobs are involved; the issue is complicated; requested the City Manager review information and bring a Proclamation to Council, if appropriate. (01 -275) Consideration of Mayor's nomination for appointment to the Civil Service Board. Mayor Appezzato announced that he would hold over his nomination for the Civil Service Board. (01 -276) Consideration of Mayor's nominations (3) for appointment to the Historical Advisory Board. [2 Member -at -Large Seats and 1 Seat to be represented by a Landscape Architect, Architect or Building Designer] Mayor Appezzato nominated Nancy Gill, Member -at- Large; Jerry Jacopetti, Member -at- Large; and Dian McPherson, Registered Landscape Architect, Architect or Building Designer for reappointment to the Historical Advisory Board. Regular Meeting Alameda City Council 5 June 5, 2001 (01 -277) Consideration of Mayor's nomination for appointment to the Housing and Building Code Hearing and Appeals Board. [Partial term expiring June 30, 2004.] Mayor Appezzato announced that he would hold over his nomination for the Housing and Building Code Hearing and Appeals Board. (01 -278) Consideration of Mayor's nominations (2) for appointment to the Housing Commission. [1 Member -at -large Seat and 1 Senior Tenant Seat] Mayor Appezzato nominated Ed W. Flanagan, Senior Tenant, for appointment to the Housing Commission and announced that he would hold over his nomination for the Member -at -Large Seat. (01 -279) Consideration of Mayor's nominations (2) for appointment to the Library Board. Mayor Appezzato nominated Dr. Alan D. Mitchell for appointment to the Library Board and announced that he would hold over the other Library Board nomination. (01 -280) Consideration of Mayor's nominations (4) for appointment to the Planning Board. [1 Seat for partial term expiring June 30, 2002] Mayor Appezzato nominated Gary W. Bard, John A. Piziali and Ronald Rossi for reappointment to the Planning Board and announced that he would hold over the other Planning Board nomination. (01 -281) Consideration of Mayor's nomination for appointment to the Public Utilities Board. Mayor Appezzato nominated Sebastian M. Baldassarre for reappointment to the Public Utilities Board. (01 -282) Consideration of Mayor's nominations (3) for appointment to the Social Service Human Relations Board. Mayor Appezzato nominated Edwin G. Dankworth and Kenneth P. Werner for reappointment to the Social Service Human Relations Board (SSHRB) and announced that he would hold over the other SSHRB nomination. (01 -283) Consideration of Joint Meeting between the City of Alameda and City of Oakland Councils to review major development projects and transportation initiatives in the two cities. Regular Meeting Alameda City Council 6 June 5, 2001 (Councilmember Daysog) Not heard. (01 -284) Vice Mayor DeWitt congratulated the Encinal Baseball Team and staff for becoming the North Coast Section Champions on Saturday [June 21. (01 -285) Councilmember Kerr stated the Mitigated Negative Declaration for the Tinker Avenue Extension Project is available; the deadline for submitting public comment to the Planning Department is July 2; many people have attended meetings over the past two years on the matter; the public comment period is for the environmental concerns, not the project itself. (01 -286) Councilmember Johnson stated the Park Street Crawl takes place on July 4; requested an Off Agenda Report on the matter; stated last year after Council received complaints about the unofficial event, the Police Department was requested to prepare a plan on how to handle the matter. The City Manager stated the Police and Fire Departments are working with the Park Street Business Association to ensure the unofficial activity is handled. Mayor Appezzato inquired whether a flyer could be distributed to all the bars outlining: 1) public drunkenness is not acceptable; 2) underage drinking is not acceptable; and 3) disorderly conduct is not acceptable. (01 -287) Mayor Appezzato announced that last Saturday there was a Main Street Park dedication ceremony; stated the over $5 Million project improved the flood plain, created a couple of miles of bike path and protected some animal species, e.g. ducks; not one environmental- or bike group representative attended the dedication; the project will benefit the community for many years. ADJOURNMENT There being no further business, Mayor Appezzato adjourned the Regular Meeting at 8:15 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 7 June 5, 2001