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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. Regular Meeting Alameda City Council 1 August 1, 2000 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]. Regular Meeting Alameda City Council 2 August 1, 2000 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. Regular Meeting Alameda City Council 3 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; Regular Meeting Alameda City Council 4 August 1, 2000 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; Regular Meeting Alameda City Council 5 August 1, 2000 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. Regular Meeting Alameda City Council 6 August 1, 2000 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. Regular Meeting Alameda City Council 7 August 1, 2000 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 Regular Meeting Alameda City Council 8 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 Regular Meeting Alameda City Council 9 August 1, 2000 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. Regular Meeting Alameda City Council 10 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 Regular Meeting Alameda City Council 1 1 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. Regular Meeting Alameda City Council 12 August 1, 2000