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1996-09-17 MinutesMINUTES OF THE SPECIAL MEETING OF THE ALAMEDA CITY COUNCIL SEPTEMBER 17, 1996, 6:45 P.M. The meeting was convened at 6:45 p.m. with President Appezzato presiding. ROLL CALL - PRESENT: Councilmembers Arnerich, DeWitt, and President Appezzato - 3. ABSENT: Councilmember Lucas - 1. (96-520A) Adjournment to Closed Session to consider: CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: Personnel Director and Austris Rungis Employee Organizations (s): Alameda City Employees Association - ACEA. International Association of Firefighters #689 - IAFF. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9. Number of Cases: One. Announcement of Action Taken in Closed Session Following the Closed Session, President Appezzato announced regarding the Conference with Labor Negotiator, that the Council gave instructions to City's negotiator. President Appezzato also announced regarding Anticipated Litigation, that Council gave instructions to Legal Counsel. ADJOURNMENT President Appezzato adjourned the meeting at 7:15 p.m. spectfully submitted, Pie ANE B. FELSCH, CMC City Clerk The Agenda for this meeting was posted in advance in accordance with the Brown Act. Special Meeting Alameda City Council Closed Session 6:45 p.m., September 17, 1996 265 MINUTES OF THE SPECIAL MEETING OF THE ALAMEDA CITY COUNCIL SEPTEMBER 17, 1996, 6:45 P.M. The meeting was convened at 6:45 p.m. with President Appezzato presiding. ROLL CALL - PRESENT: Councilmembers Arnerich, DeWitt, and President Appezzato - 3. ABSENT: Councilmember Lucas - 1. (96-520) Adjournment to Closed Session to consider: CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: Personnel Director and Austris Rungis Employee Organizations (s): Alameda City Employees Association - ACEA. International Association of Firefighters #689 - IAFF. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9. Number of Cases: One. Announcement of Action Taken in Closed Session Following the Closed Session, President Appezzato announced regarding the Conference with Labor Negotiator, that the Council gave instructions to City's negotiator. President Appezzato also announced regarding Anticipated Litigation, that Council gave instructions to Legal Counsel. ADJOURNMENT President Appezzato adjourned the meeting at 7:15 p.m. Respectfully submitt d, NE B. FELSCH, CMC City Clerk The Agenda for this meeting was posted in advance in accordance with the Brown Act. Special Meeting Alameda City Council Closed Session 6:45 p.nt., September 17, 1996 2 b REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1996 The meeting convened at 7:31 p.m. with Mayor Ralph Appezzato presiding. Councilman Arnerich led the Pledge of Allegiance. Elder John Pillitiere, Alameda Chapel, gave the invocation. ROLL CALL - PRESENT: Councilmembers Arnerich, DeWitt, and President Appezzato - 3. ABSENT: Councilmember Lucas - 1. SPECIAL ORDERS OF THE DAY (96-521) Presentation of Certificates of Appreciation to Alameda families who hosted 1996 World Baseball Championship Tournament participants. President Appezzato presented Certificates of Appreciation to the leaders of six team groups. Councilman Arnerich read a letter from the Boys' League of Japan thanking Alameda for its hospitality. CONSENT CALENDAR President Appezzato announced that the following agenda items would be removed from the Consent Calendar for discussion: (96-525) Report from Community Development Director recommending execution of FY 1996-97 CDBG Agreements for Refugee Support Services and Teen Assault Awareness Program; (96-526) Report from Public Works Director recommending Acceptance of Work by Ransome Company for Rehabilitation of Play Courts at Washington, McKinley, Leydecker, and Godfrey Parks, No. P.W. 05-95-12; (96-527) Report from Finance Director transmitting Year End Financial Report - 1995-96 Fiscal Year; and (96-528) Resolution Supporting Proposition 213 (The Personal Responsibility Act of 1996). Councilman Arnerich moved approval of the remainder of the Consent Calendar. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 3. Items so enacted or adopted are indicated by an asterisk. (*96-522) Minutes of the Regular City Council Meeting of September 3, 1996. Approved. (*96-523) Resolution No. 12820 "Authorizing Public Works Director to Enter Into An Agreement with Caltrans for Ferry Marketing Grant Funds." Adopted. Regular Meeting Alameda City Council September 17, 1996 267 ( *96 -524) Ratification of Bills in the amount of ($488,411.09). Ratified. (96 -525) Report from Community Development Director recommending execution of FY 1996 -97 CDBG Agreements for Refugee Support Services and Teen Assault Awareness Program. Don Bergen, Alameda, stated that people should not go to the Government or taxpayers for free handouts. Councilman Arnerich moved acceptance recommendation. the report and Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 3> (96 -526) Report from Public Works Director recommending Acceptance of Work by Ransome Company for Rehabilitation of Play Courts at Washington, McKinley, Leydecker, and Godfrey Parks, No. P.W. 05 -95- 12. Don Bergen, Alameda, stated that future staff report titles should include the cost of projects. Councilman Arnerich moved acceptance of the report and recommendation. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 3. (96 -527) Report from Finance Director transmitting Year End Financial Report - 1995 -96 Fiscal Year. Neil Patrick Sweeney, Alameda, stated that finance programs and reports should be published. Councilmember DeWitt moved acceptance of the report. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 3. (96 -528) Resolution No. 12821 "Supporting Proposition 213." (The Personal Responsibility Act of 1996) Neil Patrick Sweeney, Alameda, stated that Alameda should support Proposition 213. Susan McCormack, Alameda, stated that she hoped there would be Council discussion on the matter. Regular Meeting Alameda City Council September 17, 1996 2 268 Councilman Arnerich stated that Proposition 213 will remove municipalities from frivolous lawsuits. Councilman Arnerich moved adoption of the Resolution. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 3. REGULAR AGENDA ITEMS (96-529) Report from Historical Advisory Board recommending that the City Council retain and renovate the Carnegie Library as the Main Library. David Plummer, Vice Chair of the Historical Advisory Board, stated that many existing libraries are renovated and expanded, including Carnegie Libraries; that the City of Larkspur upgraded its existing library at a cost less than $1 million dollars; and that Alameda's Historical Advisory Board is advocating a three-story addition to the Carnegie Library. Vice Chair Plummer submitted copies of conceptual site plans showing a Carnegie expansion on City-owned property, and he reviewed said plans. In response to President Appezzato, Vice Chair Plummer stated that possible funding sources could be grants or a $6-$7 million dollar bond issue structured with an equitable method of payment. Neil Patrick Sweeney, Alameda, stated that the Carnegie building should be renovated and expanded, as shown on the conceptual site plans. Marilyn Ashcraft, Co-Chair of Library 2000, stated that the Historical Advisory Board is an advisory body concerned with the preservation of historic buildings; that decisions concerning the future of Alameda's library system should be placed in the hands of those with expertise in library planning; and a city the size of Alameda should have a library with 40,000 square feet of space. Carl Halpern, Library 2000, stated that Library 2000 is dedicated to creating a modern, comprehensive library system which will meet Alameda's needs into the twenty-first century; Library 2000 sees a retrofit, upgraded Carnegie as one part of that system; other components are a vital branch system in both Harbor Bay and the West End, a modern children's and seniors' service, a full reference section, adequate book storage, administrative support areas, plentiful seating, and technology and staff that will make available the wonders of the information age; and Library 2000 hopes that supporters of improved library facilities for Alameda will propose concrete financing mechanisms. Regular Meeting Alameda City Council September 17, 1996 3 269 Susan McCormack, Alameda, stated that she supports the staff recommendation to forward the Historical Advisory Board's report and plans to the Library Board and Public Works Department; that a lot of money would be saved if the Carnegie building can be used for our library. Barbara Kerr, Alameda, stated that the first step is to rehabilitate and retrofit the Carnegie, and only one step at a time should be taken. John Fee, Alameda, stated that he supports both the Carnegie Library and a new library, and suggests a circular library with glass elevator. Ms. D. Chow, Alameda, stated that it is a joy to know the Historical Advisory Board recommends the City Council retain and renovate the Carnegie Library as the main library; and that H.A.B.'s recommendations for expansion, seismic work, etc. will be sufficient, especially to take care of the future. Carol Gottstein, Alameda, stated that the Carnegie Library has National Register status; that said status could be lost due to remodeling if Alameda is not vigilant; that it makes sense to start fresh with a very large plot of land to build a library; and that the C.H. Foster House, known as the Boys and Girls Library, is an historical monument as well. Councilmember DeWitt moved acceptance of the staff recommendation that the plans be provided to the Library Board and Public Works Director for review. Councilman Arnerich stated that the Carnegie building will not go away, and he seconded the motion. Under discussion, President Appezzato stated that the current City Council took action to preserve our historic City Hall; Council also worked closely with the School District to renovate the East Wing; and it is this Council's intent to preserve the historic Carnegie building. On the call for the question, the motion carried by unanimous voice vote - 3. (96-530) Report from Chief of Police recommending authorization of appropriation and expenditure of funds within the limitations of Local Law Enforcement Block Grants. Don Bergen, Alameda, spoke in support of the staff recommendation. Neil Patrick Sweeney, Alameda, spoke in support of the matter. Regular Meeting Alameda City Council September 17, 1996 4 John Fee, Alameda, spoke in expenditure of said funds. Councilman Arnerich moved recommendation. support of the acceptance of Councilmember DeWitt seconded the motion. appropriation and the report and Under discussion, Councilmember DeWitt stated that closure of the Alameda Naval Air Station will impact police capabilities, and funding will provide for necessary equipment purchases. On call for the question, the motion carried by unanimous voice vote - 3. (96-531) Final Passage of Ordinance 2732 "Reclassifying and Rezoning Certain Properties Within the City of Alameda by Amending Zoning Ordinance No. 1277, N.S., for that Property Located at 791 Thau Way." Finally passed. Councilman Arnerich moved the final passage of the Ordinance. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 3. (96-532) Written Communication from Don Roberts, Alameda, regarding enforcement of Section 4.3 of Easement Agreement for the property located at 2314 Central Avenue. Mr. Roberts, Alameda, reviewed the specific requirements contained in the Agreement: "subject door shall be used only as an emergency exist for subject building; associates at its sole cost shall install and cause to be maintained throughout the term of the Easement a local alarm on subject door which sounds when the door opens; and associates shall cause a sign to be posted on or above the subject door which states that the door is for use in emergency exit purposes only, and the alarm will sound when the door opens;" and noted that City inspections overlooked the fact that there is a handle and a keyed lock on the outside of the door. Mr. Roberts further stated that Council decisions must be enforced, and exceptions approved by the Council. Councilman Arnerich reviewed the background of the matter. He stated that the emergency-exit-only sign should be visible, the alarm activated, and the key lock and handle on the outside of the door removed. Martha Beazley, property owner, stated that to her knowledge they had been conforming to all conditions set forth originally; she was not aware of the door handle until today; she will look into the Regular Meeting Alameda City Council September 17, 1996 5 271. keyed lock also; problem(s) will be taken care of; and the door was to be an emergency exit only. Ms. Beazley further stated that the original owner allowed the five -foot easement; and, in actuality, the City owes her. Councilman Arnerich moved acceptance of the written communication, and the following requirements: outside door handle and lock be removed, alarm be activated and an emergency door exit sign be provided. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 3. (96 -533) Written Communication from Michael Sweeney, Member of the Assembly, 18th District, requesting Council to urge the Governor to sign Assembly Bill 1934 into law. Councilman Arnerich moved acceptance of the written communication. President Appezzato stated that the purpose of AB 1934 is to get the State to return property tax revenues to local government. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 3. ORAL COMMUNICATIONS, NON - AGENDA (96 -534) Mr. Bergen, Alameda, presented suggestions on how public participation should be conducted at Council Meetings: limit persons to the three - minute limit, prohibit performance art of any initiative, allow out -of -town speakers only when consultants or public officials may be called upon to testify in regards to specific issues, and prohibit children under the age of 18 years old being used to support a ballot initiative that requires a vote by the electorate; and he reviewed Proposition 209. (96 -535) Neil Patrick Sweeney, Alameda, stated that the Alameda Reuse and Redevelopment Agency and Base Reuse Advisory Group meetings should be televised. (96 -536) Ms. D. Chow, Alameda, stated that the title of Resolution (No. 12821) should be more descriptive. (96 -537) Anonymous, Alameda, requested that outside counsel review the Court Order against him. COUNCIL COMMUNICATIONS (Communications from Council) (96 -538) Consideration of Mayor's nomination for reappointment to Regular Meeting Alameda City Council September 17, 1996 6 2 the Economic Development Commission. [Community-At-Large Member]. President Appezzato nominated Bonnie McKean for reappointment. (96-539) Consideration of Mayor's nominations (2) for appointment to the Golf Commission. President Appezzato nominated Anthony Corica and renominated Rick Stone. 8. ADJOURNMENT There being no further business before the City Council, President Appezzato adjourned the Council Meeting at 9:02 p.m. Respectfully submitted, an g D E B. FELSCH, CMC City Clerk The agenda for this meeting was posted in advance and in accordance with the Brown Act. Regular Meeting Alameda City Council September 17, 1996 7