1996-05-21 MinutesMINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL
MAY 21, 1996
The meeting convened at 6:50 p.m. with President Appezzato
presiding.
ROLL CALL -
PRESENT: Councilmembers Arnerich, DeWitt, Lucas,
Vice Mayor Mannix and President Appezzato
5.
ABSENT: None.
Adjourned to Closed Session to consider:
3-A. (96-269) CONFERENCE WITH LEGAL COUNSEL ANTICIPATED
LITIGATION
Initiation of litigation pursuant to subdivision (c) of Section
54956.9.
Number of Cases: 1
3-B. (96-270) CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator: Personnel birector and Austris Rungis
Employee Organization(s): International Association of
Firefighters, Local #689 - IAFF
4. Announcement of Action Taken in Closed Session:
Following the Closed Session, the Special Meeting reconvened and
President Appezzato announced that Council gave instructions to
Legal Counsel and City negotiators.
Adjournment
The meeting was adjourned at 7:14 p.m.
Respectfully submitted,
DIANE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted in advance in accordance
with the Brown Act.
MINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL
MAY 21, 1996
The meeting convened at 7:30 p.m., with Mayor Appezzato presiding.
Councilman Arnerich led the Pledge of Allegiance.
ROLL CALL
Present: Councilmembers Arnerich, DeWitt, Lucas, Mannix and
Mayor Appezzato - 5.
Absent: None.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
None
CONSENT CALENDAR
President Appezzato stated that the following items were pulled
from the Consent Calendar for discussion: 4-B (96-276) [Resolution
regarding Alameda Stand for Children Day]; and 4-F (96-277)
[Resolution regarding Island City Landscaping and Lighting District
84-2].
Councilmember Lucas moved approval 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.
4-A. (*96-271) Minutes of the Special and Regular City Council
Meetings of May 7, 1996. Approved.
4-B. See Paragraph (96-276)
4-C. (*96-272) Report from City Clerk recommending authorization to
call for bids for Legal Advertising for Fiscal Year 1996-97.
Accepted.
4-D. (*96-273) Report and Recommendation from Finance Director to
set Hearing for June 18, 1996, for Establishment of Prop 4 limit
for 1996-1997. Accepted.
4-E. (*96-274) Resolution No. 12766 " Resolution of Intention to
Levy an Annual Assessment on the Alameda Business Improvement Area
of the City of Alameda for Fiscal Year 1996-97 and setting Public
Hearing for June 4, 1996." Adopted.
4-F. See Paragraph No. (96-277)
Regular Meeting, City Council
May 21, 1996
44,4 4 P,t0
4-G. (*96-275) Bills in the amount of $2,844,648.04 for
ratification. Ratified.
4-B. (*96-276) Resolution No.12767 "Designating June 1, 1996
Alameda Stand for Children Day." Adopted.
President Appezzato read the Resolution.
Joanne McKray, Alameda Democratic Club, stated that a commitment to
Alameda's youth should be encouraged.
Barbara Kahn, Alameda, reported that she would be visiting
Washington, D.C. on June 1, 1996, with 3 students from Chipman
School; she announced that contributions for the trip could be made
through the Xanthos organization; and she stated that the
community should provide support to its children.
Robert Glotch, Director, Alameda Boys and Girls Club, stated that
all children are at risk; United Way will not be contributing any
longer to the organization; and Alameda Stand for Children Day is
an attempt to bring the needs of children to the forefront.
Christine Allen, Alameda, discussed the Encinal High School Band
Review Event, and the lack of community participation in the
planning process.
Elsa Bogosian, Alameda, stated her support for the Resolution.
Jon Schiller, Xanthos, Inc., Alameda, discussed United Way de-
funding, and urged Alameda to commit itself to its children.
President Appezzato suggested an annual fund raising drive, and
pledged his support.
Councilmember Lucas requested a report from Community Development
on whether funds were available for children.
Councilmember DeWitt pledged his support for, and help with, the
Encinal High School Band Review event next year.
President Appezzato stated that he had requested staff to contact
community businesses regarding vacancies and job opportunities for
the youth during the summer; and he thanked Councilmember DeWitt
for the suggestion.
Councilman Arnerich moved adoption of the Resolution.
Vice Mayor Mannix seconded the motion, which carried by unanimous
voice vote - 5.
Regular Meeting, City Council
May 21, 1996 2
4-F. (96-277) Resolution No. 12768 "Resolution Preliminarily
Approving Annual Report Declaring Intention to Order Levy and
Collection of Assessments and Providing for Notice of July 16, 1996
Hearing Thereof - Island City Landscaping and Lighting District 84-
2." Adopted.
Earl Peacock, Alameda, requested Council to hold the matter over
until the City Attorney determines whether it is legal to spend the
monies for other than what it is collected for.
The City Manager suggested that City Council adopt the Resolution
setting the hearing date, and direct the City Attorney to review
Mr. Peacock's comments and report back at the July 16th Council
Meeting.
Councilman Arnerich moved adoption of the Resolution, and direction
to the City Attorney to review Mr. Peacock's comments and report
back on July 16th.
Councilmember DeWitt seconded the motion, which carried by
unanimous voice vote - 5.
5. REGULAR AGENDA ITEMS
5-E. (96-278) President Appezzato announced that the agenda item
regarding AB 2203 and AB 2346 would be taken out of order at this
time.
Written Communication from Nancy J. Nadel, East Bay Municipal
Utility District Director, Ward 5, recommending opposition to AB
2203 and AB 2346. (Mayor Appezzato)
Nancy Nadel, Director, East Bay Municipal Utility District,
explained the recommendation to oppose Assembly Bills 2203 [limits
the District's ability to set tiered water rates] and 2346
[facilitates cutting District into two or three water districts],
and urged Council to send a clear message to the legislators.
Don Roberts, Alameda, urged Council to support Nancy Nadel's
position.
Councilman Arnerich moved that Council endorse Director Nadel's
position.
Vice Mayor Mannix seconded the motion, which carried by unanimous
voice vote - 5.
Regular Meeting, City Council
May 21, 1996 3
5 -A. (96 -279) Report from the Sub - Committee on defining
proclamations. (Vice Mayor Mannix and Councilmember DeWitt)
Resolution No. 12769 "Establishing Council Policy on
Proclamations ". (Ayes: Councilmembers Arnerich, DeWitt, and Vice
Mayor Mannix - 3. Noes: Councilmember Lucas and Mayor Appezzato -
2)
Morton Wellhaven, Alameda, stated that he supports leaving the
power to issue proclamations with the Mayor.
Don Roberts, Alameda, stated that the City Charter does not grant
the Mayor the authority to issue proclamations; the authority
should be placed in an ordinance; and he supported Option No. 2.
Neil Patrick Sweeney, Alameda, urged the Council to not change the
procedure.
Allan Shore, Alameda, stated that the City Council should designate
the difference between Mayoral proclamations and City
proclamations.
Robb Alongi, Alameda, Out On The Island Member, stated that the
City Council should consider the recent Court decision that it is
not okay to discriminate against any individual based on one single
identifiable characteristic.
Christine Alien, Alameda, stated that she was concerned with the
timing of the proposed change in procedure; and she supported
retaining the current procedures as it stands.
President Appezzato stated that the City Charter designates the
Mayor as the ceremonial head of the City; there are no procedures
set in the Charter, or by ordinance, for proclamations;
historically, the Mayor issues proclamations; he supports the
process that the citizens have come to recognize; and in an attempt
to bring the issue to closure, he intends to issue a proclamation
in June recognizing the Gay and Lesbian community in Alameda.
Vice Mayor Mannix stated that there was no attempt to subvert the
authority of the Mayor; the City Council Sub- Committee was
established to respond to the concerns expressed in the community
regarding the issuance of City proclamations; he believes the Sub -
Committee's final recommendation leaves a certain measure of
authority in the Mayor's Office to issue proclamations, and places
onerous proclamations that become issues on the City Council- -
individuals answerable to the electorate. Vice Mayor Mannix
reviewed the options under consideration: 1. Continue the process
as is with proclamations issued by the .Mayor in the name. of the
City; by individual Councilmembers in their name; or by the Council
majority in the name of the City; 2. Break proclamations into two
Regular Meeting, City Council
May 21, 1996 4
separate types as follows (in this scenario, city proclamation
should be objectively evaluated on the basis of acts or services
which articulate some tangible act or service for the community,
state, or nation): a. Mayoral Proclamations - issued in the
Mayor's name and at his/her discretion and dealing with routine
ceremonial and protocol type issues; and b. City proclamations -
issued by the Council at the specific request of groups or
individuals and dealing with the less routine issues which address
areas of political, moral, religious, or sociological questions;
3. Issue proclamations under the same formula as currently exists
but require that they reflect objective standards of tangible
service to the community, state, or nation; and 4. Have
proclamations issued only by the full Council upon a majority vote.
Vice Mayor Mannix further stated that the Sub-Committee recommends
a standard for issuing proclamations, in order to enhance the
significance of the proclamation event; options 2 and 3 fit the
criteria; and preference appeared to be option 2.
Councilman Arnerich stated that he would not support a proclamation
contrary to his beliefs.
Councilmember DeWitt thanked the Mayor for his statement indicating
that he [Mayor] was willing to continue to issue proclamations,
and had decided to issue a proclamation on behalf of the Gay Pride
Month in the month of June; he stated that he was in favor of the
Council adopting a Resolution appointing the Mayor as the
individual who has the authority to issue proclamations; it was a
right that has been exercised down through the years; he desired a
Resolution because during the past year a Board issued a
proclamation, and he preferred the authority remain with the Mayor
as the ceremonial head of the City, individual Councilmembers are
not authorized to issue proclamations in the City of Alameda; he
would like the Mayor to be designated as the individual who issues
proclamations; the second item that he strongly supports is the
concept of two types of proclamations; the first type would deal
with administrative matters and issued, as in the past, with
regards to the many events in the City; the second type of
proclamation would be issued in the name of the City and voted on
by the full Council; proclamations dealing only with moral or
religious issues should be defined by staff, e.g. legal staff or
staff that writes resolutions and/or policies; the basic
qualifications, or the type of resolution needs to be worked out;
and the Mayor should be established as the individual who issues
proclamations, and two types of proclamations established.
Councilmember Lucas stated that she could support Option 1; the
Mayor issues proclamations in the name of the City and is the
ceremonial head of the City; Council should be able to continue to
pass proclamations with a majority vote; Councilmembers and Boards
should be able to write a group or individual acknowledging merits
Regular Meeting, City Council
May 21, 1996 5
of service in the community; and she will support Option 1.
Mayor Appezzato stated that he would support Option 1 which is the
status quo.
Councilmember DeWitt moved the establishment of a resolution
defining the Mayor as the authority to issue proclamations.
Under discussion, President Appezzato stated that authority was
included in Option 1.
Councilmember DeWitt responded that Option 1 included the intent to
exclude Boards and individual Councilmembers.
Vice Mayor Mannix seconded the motion.
Under discussion, and in response to President Appezzato, the City
Attorney stated that there were three categories of proclamations:
1) proclamations issued by the Mayor, as provided for in the City
Charter since 1937; 2) proclamations issued by the City Council,
e.g. someone requests a proclamation and the Mayor declines; and 3)
proclamations issued by individual Councilmembers.
Councilmember Lucas inquired whether the Social Service Human
Relations Board could still recognize a meritorious group in the
community.
The City Attorney responded that it depended upon how Councilmember
DeWitt defined proclamation.
Councilmember Lucas inquired whether restricting groups, boards,
and Councilmembers from speaking publicly in recognition of a City
group, would be a violation of the Freedom of Speech Act and the
mission of a board or Councilmember.
The City Attorney responded that Council could establish rules for
issuance of proclamations on behalf of the City, that freedom of
speech could not be restricted; and Council could prescribe rules
and regulations upon which the City, as a governmental entity,
spoke.
Councilmember Lucas stated that she would take serious exception to
that interpretation.
Councilmember DeWitt stated that if an individual wanted to
recognize a group, there were options besides a proclamation;
Council was attempting to establish proclamations as a certain type
of recognition; and he inquired whether preventing someone from
issuing a proclamation was, in fact, violating their right of free
speech.
Regular Meeting, City Council
May 21, 1 496 6
7
The City Attorney responded that it would depend upon how
proclamation is defined; in the traditional sense, proclamations
are issued by a governmental entity in recognition of some type of
person or event; Council has the authority to adopt reasonable
rules and regulations; and an individual has a right to recognize
any entity that he /she desires.
Councilmember DeWitt inquired whether it was within the authority
of the Council to set policy that does not violate the Constitution
of the United States when it comes to using the word proclamation
and issuing a proclamation.
The City Attorney responded in the affirmative.
Vice Mayor Mannix stated that it should be clear that letters of
recognition from boards and commissions would not be impacted; the
word proclamation has probably taken on a strong meaning as
reflecting something that articulates the representatives of all
the people speaking for the people; and boards and commissions are
not accountable to the electorate, as is the Council.
Councilmember Lucas stated that she disagreed; Social Service Human
Relations Board issued a proclamation on behalf of the Board; and
Councilmember DeWitt wanted to deny the Board that authority.
Councilman Arnerich stated that most boards and commissions
recognize achievements by letter.
Councilmember DeWitt stated that Option 1 provided for establishing
a resolution defining the Mayor as the authority to issue
proclamations, and eliminates the authority of boards to issue
proclamations.
President Appezzato stated that he did not believe the motion was
necessary, and he would not support it.
On the call for the question, the motion FAILED by the following
voice vote: Ayes: Councilmember DeWitt and Vice Mayor Mannix -2.
Noes: Councilmembers Arnerich, Lucas and Mayor Appezzato - 3.
Councilman Arnerich stated that the motion was not against the City
Charter; the Charter states that the Mayor may designate a
proclamation; that a Councilmember may request the Mayor to declare
a proclamation and should the Mayor decline, and upon getting the
votes of two other Councilmembers, a proclamation can be provided,
superseding Mayor's authority; and that an individual Councilmember
may recognize a group should he /she not get support.
Councilmember DeWitt moved that policy be written which proclaims
two types of proclamations - -the Mayoral proclamation and a City
Council proclamation -- issued along the lines as discussed.
Regular Meeting, City Council
May 21, 1996 7
41 0
Vice Mayor Mannix seconded the motion.
President Appezzato stated that he would oppose the motion, and
stay with the status quo.
On the call for the question, the motion CARRIED by the following
voice vote: Ayes: Councilmembers Arnerich, DeWitt, and Vice Mayor
Mannix -3. Noes: Councilmember Lucas and President Appezzato - 2.
Councilmember DeWitt stated to preclude future discussion and
controversy, he would move that City-type proclamations have
guidelines and standards, and that the standards be based upon
accomplishment or contributions made by the organizations
requesting the proclamations.
Vice Mayor Mannix seconded the motion.
Under discussion, President Appezzato stated that he would oppose
that motion also.
Councilmember DeWitt restated his motion that proclamations issued
by the City Council have standard(s) based upon achievement or
accomplishment.
Vice Mayor Mannix seconded the motion.
Under discussion, Councilmember Lucas stated that Councilmembers
are elected; that a Council majority wants to restrict what Council
can do and vote on; she is suspicious of the motives; and she will
find issues that will defeat the majority vote.
Vice Mayor Mannix stated that Councilmember DeWitt was attempting
to give opportunity to vote as individual members of the Council,
and that his [DeWitt] effort was not an attempt to limit the vote
of individual Councilmembers.
Councilman Arnerich stated that he wanted the opportunity to voice
an opinion on proclamations, although he agreed with Councilmember
Lucas that no one should be suppressed from going to Council for a
proclamation.
Councilmember DeWitt stated that he was not trying to limit
Council's vote; he would not want to violate anyone's
constitutional rights; and there should be standards and types of
contributions established for proclamations.
President Appezzato called a recess at 8:58 p.m., and reconvened
the meeting at 9:09 p.m.
President Appezzato inquired whether Councilmember DeWitt would
maintain status quo until legal ramifications were determined.
Regular Meeting, City Council
May 21, 1946 8
Councilmember DeWitt responded that based upon advice from the City
Attorney, he would like the matter further studied; and he would
withdraw his motion to establish standards for City-type
proclamations.
Vice Mayor Mannix withdrew his second.
Councilmember DeWitt stated that Council did vote to establish two
types of proclamations, and he hoped that was clear.
President Appezzato questioned whether the Mayor still had the
authority and responsibility as designated by the Charter.
Councilmember DeWitt responded in the affirmative; and he stated
that the only new item was the establishment of a policy for City
proclamations.
President Appezzato inquired whether it could be brought back in
writing.
Following Council and staff discussion on Council action, President
Appezzato inquired whether anyone in the majority wanted to
reconsider the motion.
Councilmember Lucas inquired whether the Mayor would issue a
proclamation on behalf of the City.
The City Attorney stated that the Mayor represented the City; and
mayoral proclamations dealt with routine-, ceremonial-, and
protocol-type issues.
President Appezzato inquired whether the Mayor's ability to issue
proclamations would be hindered by the process tonight.
The City Attorney inquired whether Councilmember DeWitt's intent
was to restrict that process, to which Councilmember DeWitt
responded it was not.
Vice Mayor Mannix stated that Council voted Mayoral proclamations
would be issued in the Mayor's name.
Councilman Arnerich stated that, in some instances, proclamations
could be construed as endorsed by the entire Council, e.g. Gay
Pride Month; and he suggested that Councilmembers who support such
proclamations sign them.
President Appezzato inquired whether the Mayor can continue to
issue proclamations in his/her name, as has been done since 1937,
to which Councilmember DeWitt responded with exception of certain
proclamations in the name of the entire City.
Regular Meeting, City Council
May 21, 1995 9
Jj
In response to President Appezzato, Councilmember DeWitt stated
that his motion was for two types of proclamations: those voted on
by the Council and those not voted on by the Council.
Councilmember Lucas stated that it was an attempt to limit the
Mayor to routine proclamations only.
Councilman Arnerich stated that the Mayor should canvass
Councilmembers on their positions regarding Gay Pride Month, and on
any other issues that effect morals and standards.
President Appezzato stated that he intends to issue proclamations
in the name of the Mayor, as the ceremonial head of the City based
on historical precedence.
5-B. (96-280) Report from Assistant City Manager on options for the
Linoaks Motel and the Carnegie Library and cost estimates to bring
the Carnegie up to URN standards, including some interior work.
William M. McCall Sr., former Alameda Mayor, stated that the
acrimony should stop; City should sell the Linoaks Motel,
rehabilitate the Carnegie as a library, and add an addition to the
Carnegie when enough money is in the bank; that smaller grants
should be applied for; and questioned whether the City had
approached foundations.
Barbara Kerr, Alameda, stated that she supported selling the
Linoaks Motel, and the option of using College of Alameda's Library
during the interim.
David Plummer, Alameda, noted that Randolph Langenbach provided a
rendering for the expansion and rehabilitation of the Carnegie
building on City-owned land at the January 11, 1989 meeting; and he
[Plummer] supported the College of Alameda option during the
interim, and the Carnegie Main Library remaining as the permanent
Main Library.
Honora Murphy, President, Friends of the Library, stated that City
Council should pursue funding for retrofit purposes and move slowly
on deciding anything else, and also not conclude that defeat of a
ballot measure will keep Friends of the Library from speaking
again.
Don Roberts, Alameda, stated that he supported the College of
Alameda proposal; and expanding library hours at the West End and
Bay Farm Island branches, if College of Alameda is not available.
Councilmember Lucas stated that she agreed with Mr. McCall's
comments; [March '96] voters gave two mandates: City save money and
that voters do not like the Linoaks; Carnegie Main Library is the
least expensive option; one possibility is to sell the Linoaks to
Regular Meeting, City Council
May 21, 1996
10
the Housing Authority for senior housing; and she questioned when
a reply from the State was expected on grant funding.
In response to Councilmember Lucas's inquiry, the Public Works
Director stated that grant application was being reviewed, and an
answer expected in the near future.
President Appezzato stated that he believed the voters' mandate was
no more taxes.
Councilman Arnerich stated that there should be a definitive time
line for the State funding.
The City Manager suggested that Council make a decision absent any
State funding.
Vice Mayor Mannix stated that the voters' mandate was on the
financing vehicle; and he moved approval of the staff
recommendation.
Councilman Arnerich seconded the motion.
Under discussion, Councilmember DeWitt stated that the City should
be considering library services during the two- or three-year
period; and he inquired whether the Children's Library required
retrofit work.
The City Manager responded that the Children's Library needed
reinforcement.
In response to Councilmember DeWitt, the Assistant City Manager
stated that the College of Alameda approached the City after the
March election; and indicated a willingness to allow the City to
use the facilities for student services, while the Carnegie
building was being retrofitted.
Councilmember DeWitt stated that the City Manager should determine
whether it is financially possible for the City to use the old Post
Office building temporarily.
In response to President Appezzato, the City Manager stated that
$959,437 came from the Library Construction Fund and may be used
for construction of the Library; $105,211 came from the Community
Facilities District and was designated for library construction; an
additional $1.8 million dollars came from the Urban Development
Action Grant Program as a loan, and may, or may not, be used--
depending upon whether Council makes findings that 1) the use of
funds for the library would be for economic development purposes,
and 2) the use of the proceeds from the Linoaks had been toward
economic development in the business districts, both Park Street
and Webster Street.
Regular Me-rin, City Council
May 21, 1996
11
President Appezzato stated that the Housing Authority should
continue working on the cost for using the Linoaks as a senior
center; there are many options to be explored; the Linoaks should
be retained until the Civic Center Plan is completed; Council needs
more information, e.g. offers on Linoaks; vacant sites should not
be considered; both the sale of the Linoaks and that site used as
a parking lot should be explored; and College of Alameda, the old
Post Office building, and Veterans' Building be explored as
possible sites for a library during the interim period. President
Appezzato further stated that he would support the motion, if his
comments are included.
Councilmember Lucas stated that library experts should advise staff
on how much service the two library branches [Bay Farm Island and
West End] could provide, e.g. expanded hours.
Vice Mayor Mannix stated that, by implication, the Council has
stated that staff should continue to research options and provide
the best possible options to Council to make a decision.
Councilman Arnerich stated that a time frame of 90 days should be
included in the motion.
Vice Mayor Mannix agreed to amend his motion accordingly.
On the call for the question, the motion carried by unanimous voice
vote - 5.
5-C. (96-281) Report from Planning Director on the Planning Board's
recommendation to City Council regarding the Proposed Initiative
from Alamedans for a Better City (ABC).
Eve Roberson, Alameda, stated that she has been involved with the
issue of infill housing for the past couple of years; and the
following two items would relieve some of the infill problems: 1)
in all new construction in residential zones, R-1 through R-4, open
space should be at least 600 square feet per dwelling unit, with no
exceptions allowed for any substitutions by the construction of the
hugh balconies that have characterized the infill projects around
town, and 2) parking should meet existing codes, with no exceptions
for grandfathering in or in-lieu parking.
President Appezzato stated that the reason for Measure A was to
stop the destruction of Victorians and the propensity to have
rental units; and that infill housing has not been the major cause
for the dilemmas.
In response to Councilman Arnerich, Eve Roberson stated that the
six Planning Board recommendations are good.
Vice Mayor Mannix moved the recommendation and that Eve Roberson's
Regular Meeting, City Council
May 21, 1996
12
two recommendations regarding open space and parking requirements,
be sent to the Planning Board for review.
Councilman Arnerich seconded the motion.
Under discussion, President Appezzato stated that he was opposed to
any ballot measure that would amend Measure A; he agreed with the
Planning Board that provisions of the initiative not be
incorporated into the Municipal Code; that the Planning Board hear
all new infill housing requests; and that there be expanded public
notification.
On the call for the question, the motion carried by unanimous voice
vote - 5.
5-D. (96-282) Written Communication from Barbara Kerr, Alameda,
recommending that certain requirements be added to the Contract
between the Alameda Housing Authority and Habitat for Humanity
concerning property located at 1109 Buena Vista. (Councilmember
Lucas)
Barbara Kerr, Alameda, stated that the issues addressed in her
communication should be given consideration, and the Contract with
Habitat for Humanity should be reviewed by the Housing Authority
should Council not wish to review it this evening.
Mr. Waller, Habitat Board Member, and Project Manager for 1109
Buena Vista Avenue Project, stated that Habitat relies on community
support; Barbara Kerr's issues are good ones for discussion; and he
explained the project and loan repayment.
In response to Councilmember Lucas's inquiry, Mr. Waller stated
that homeowners are provided training in landscaping and
maintenance.
Councilman Arnerich moved acceptance of the recommendation and
correspondence. [Failed for lack of a second.]
Councilmember Lucas inquired whether the matter could be considered
by the Housing Authority also.
The City Manager responded that design review issues would go to
the Planning Board, and legal issues could be addressed at that
level also.
Vice Mayor Mannix moved that Council accept the correspondence and
defer the public hearing to the Planning Board.
Councilmember Lucas seconded the motion..
Rcgular '4er-zing, City Council
May 21, 199t5
13
Under discussion, President Appezzato stated that he was concerned
about this matter coming to Council before going to the Planning
Board.
On the call for the question, the motion carried by unanimous voice
vote - 5.
Councilmember Lucas moved that the City Attorney respond to whether
Ms. Kerr's proposed contract amendments are feasible.
Councilman Arnerich seconded the motion, which carried by unanimous
voice vote - 5.
5-F. (96-283) Final Passage of Ordinance No 2724,N.S. "Authorizing
Execution of Lease Between the Alameda Police Department (Lessor)
and Cellular One (Lessee) for Cell Site Lease. (Requires four
affirmative votes)". Finally Adopted.
Vice Mayor Mannix moved final passage of the ordinance.
Councilman Arnerich seconded the motion, which carried by unanimous
voice vote -5.
6. ORAL COMMUNICATIONS, NON-AGENDA (Public Comment)
6-A. (96-284) Neil Patrick Sweeney, Alameda, discussed home
ownership issues.
7. COUNCIL COMMUNICATIONS (Communications from Council)
7-A. (96-285) President Appezzato stated that he would requesting
staff to bring an ordinance on banning the sale of Saturday Night
Specials to the City Council.
7-B. (96-286) President Appezzato requested staff to provide the
following information: the number of tidelands leases, revenue per
lease, summary of leasehold improvements, termination dates,
renewal clauses, lessees, terms, and standard for determining fair
market value.
7-C. (96-287) Councilmember Lucas stated that Planning was working
on amendments to the Sign Ordinance--signs to accommodate County-
wide bus shelter advertising; the City fought to get rid of
billboards; and staff should be alert and thoughtful of the off-
site advertising problem.
Regular Meeting, City Council
May 21, 1996
14
8. ADJOURNMENT
8-A. (96-288) Mayor Appezzato adjourned the meeting at 10:45 p.m.
***
R- pectfully submit d,
taA'd
DT E B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted in advance in accordance
with the Brown Act.
Regular Meeting, City Council
May 21, 1996
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