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.
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September 17, 1996
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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