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1995-02-21 Regular CC MinutesMINUTES OF REGULAR MEETING OF THE ALAMEDA CITY COUNCIL FEBRUARY 21. 1995 The meeting convened at 7:35 p.m. with President Appezzato presiding. The Pledge of Allegiance was led by Councilmember DeWitt. Reverend Dan Weller, Westside Baptist Church, Alameda, gave the invocation. ROLL CALL - Present: Councilmembers Arnerich, DeWitt, Lucas, Mannix and President Appezzato - 5. Absent: None. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY 95-099 Proclamation declaring the month of February, 1995, as Black History Month. Mayor Appezzato read the proclamation and presented same to Maxine Jackson, President, Alameda Branch, NAACP. CONSENT CALENDAR The following were removed from the Consent Calendar for discussion: reports 95-108 regarding hardball facility, 95-109 on Alameda Homebuyer Information Fair, and 95-110 concerning Quarterly Sales Tax Report; and proposed ordinance 95-111 regarding payment of debts. Councilmember Lucas moved approval of the remainder of the Consent Calendar, and Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. *95-100 Minutes of the Regular Council Meeting held February 7, 1995 and the Special Meetings held February 6, and 7, 1995. Approved. *95-101 Report from Public Works Director recommending adoption of plans and specifications and calling for bids for Lincoln Park playground improvements for the Alameda Recreation and Park Department, No. P.W. 11-94-19. Accepted. *95-102 Report from Public Works Director on utility undergrounding priorities and recommending setting a date and time for a Public Hearing to consider establishing certain underground districts (Phase 4). Accepted. *95-103 Report from Finance Director transmitting Investment Regular Meeting, Alameda City Council February 21, 1995 Portfolio for period ending January 31, 1995. *95-104 Resolution No. 12617 "Designating the Public Works Director and City Manager to Act as Agents on Behalf of the City of Alameda to the State Office of Emergency Services and Federal Emergency Management Agency for All Matters Pertaining to Federal Disaster Assistance for Winter Storms 1995." Adopted. *95-105 Resolution No. 12618 "Authorizing an Application for Grant Funds from the California Tire Recycling Management Fund and Authorizing the Public Works Director to Execute All Required Contracts and Documents." Adopted. *95-106 Ordinance No. N.S. "Amending the Alameda Municipal Code by Amending Section 5-20 (Charitable Solicitation Permits) of Article II (Permits), Chapter V (Licenses and Permits), Thereof." Introduced. *95-107 Bills, certified by the City Manager to be true and correct, were ratified in the sum of $3,290,299.47. Ratified. 95-108 Report from Public Works Director recommending approval of Negative Declaration (IS-94-7) and Finding of No Significant Impact for the development of a hardball facility and adopting plans and specifications and calling for bids for City of Alameda Recreation and Park Department, Hardball Facility at College of Alameda, No. P.W. 02-95-04. The following persons spoke in opposition to the hardball facility: Joe Marischal, Alameda Soccer Club James Lutton, Alameda Don Peterson, Alameda Soccer Club John Murphy, District Commissioner, CA Youth Soccer Association, District IV. John Whorton, Jack London Youth Soccer League Russ Puryear, Alameda Gary DeMoss, Alameda John McCaskill, Alameda Soccer Club James Mason, Alameda Frank Reed, Alameda Horst Breuer, Coach, Encinal High School Dan Altemus, Jack London Youth Soccer League John Ritchie, Alameda Linda Walker, Alameda Barbara Guenther, Alameda Eugene Placencia, Alameda John Fee, Alameda Karen Simontacchi, Alameda Lars Hansson, Alameda Rob Rhodes, Alameda Regular Meeting, Alameda City Council February 21, 1995 Derrick O'Neill, Alameda Melissa Sun, Alameda Youth Soccer Club Michelle Puryear, Alameda Soccer League. The following persons spoke in support of the hardball facility: Don Kecheley, Public Affairs Officer, College of Alameda Bill Lietz, Alameda Baseball Diane Bustos, Alameda Babe Ruth Baseball Nancy Rogers, Alameda Bill Dal Porto, Alameda Babe Ruth Baseball Pat Bail, Alameda Babe Ruth Baseball Karen Kellenberger, Alameda Babe Ruth Baseball Toby Chavez, Member, Recreation Commission Mike Torry, Alameda. The following persons spoke in support of acquiring both hardball and soccer facilities: Thomas Caselli, Alameda John Piziali, Alameda Megan Frye, Girls Soccer League Greg Wirth, Alameda. Nick Cabral, Alameda, stated that the School District should open its fields and gyms. Councilman Arnerich noted Naval Air Station property will not be available for some time; and the Alameda Unified School District's fields should be made available to the public. Councilman Arnerich stated he will be making a motion to approve the baseball complex, enter into agreement, and expeditiously move to obtain two championship soccer fields at Harbor Bay Isle. Vice Mayor Mannix stated the City has worked on this project over ten years, and has invested $80,000 to $100,000 in the project; the Recreation Department must work closely with soccer players and the School District; City needs more soccer fields and Council must look at fields on Bay Farm Island. Councilmember Lucas questioned why six acres at NAS are not being looked at; has concerns about the acreage located in HBI; and she will support the motion if portion regarding soccer fields is removed. Councilmember DeWitt stated a problem of equity exists, and he cannot vote to go forward until he sees what is being done on soccer fields. Regular Meeting, Alameda City Council February 21, 1995 The City Manager stated two soccer fields have been built in the last two years, Assistant City Manager and Recreation Manager have been looking for ways to accommodate soccer; Recreation Manager believes schedules can be changed, and is working with the School District to meet the needs for soccer fields. The Recreation Manager commented on the use of park facilities, working with the School District, and rescheduling the use of facilities to accommodate the situation; believes games played at COA can be scheduled at other fields at non-traditional times; and promises youth will have their recreational needs met. Responding to Councilmember DeWitt concerning possible space available at Encinal High and College of Alameda track, the City Manager stated, if Council wishes staff to proceed, staff will begin immediately to make every effort to look into the locations and see schedules are accomplished. Councilman Arnerich stated Thompson and Encinal High School Fields and College of Alameda football field should be made available and entities urged to make them available. President Appezzato explained why he originally voted no on the project; stated he is going to vote no because it is not a good business deal; it does not make sense to spend a million dollars on something the City cannot control or own; he believes City may be able to obtain NAS property; and he will vote no on the motion; discussed Harbor Bay Isle property; reviewed major projects in City's budget, e.g. Golf Course Improvements; and stated City needs to set priorities. Councilman Arnerich moved to adopt the [staff] recommendation [to approve Negative Declaration (IS-94-7), based on findings contained in the Planning Board Resolution recommending approval, adopt plans and specifications for construction of City of Alameda Recreation and Park Department Hardball Facility at College of Alameda, No. P.W. 02-95-04, and direct the City Clerk to advertise the same] to move ahead with the approval of the baseball field at the College of Alameda with the signed agreement City has with the Peralta Community College District. Vice Mayor Mannix seconded the motion. Councilmember DeWitt stated he would like more assurance concerning meeting soccer needs. Diane Coler-Dark, Alameda, requested clarification on the motion; and received same from the City Manager. Councilman Arnerich read the staff recommendation. [See above.] Regular McaiUg, Alameda City Council February 21, 1995 Councilmember DeWitt made a substitute motion that Recreation Department work with Soccer Club and make plans for alternate sites immediately. The substitute motion failed for lack of a second. Councilman Arnerich's motion carried by the following roll call vote: Arnerich: Aye; DeWitt: No; Lucas: Aye; Mannix: Aye; and President Appezzato: No - 3 Ayes, 2 Noes. Councilman Arnerich moved staff look at condition and availability of land at NAS, if land can be acquired quickly, for two or more soccer fields. Councilmember Lucas seconded the motion. The motion carried by the unanimous voice vote - 5. Councilman Arnerich moved that, if facilities take prolonged amount of time, City should look into Harbor Bay Isle four-acre site City purchased, and proceed with public hearings, work with AUSD, Chamber of Commerce, private industry and see if the package can be put together for two soccer fields. President Appezzato stated he could not support that motion due to cost of the ten acres. The motion failed due to lack of a second. * * * * Council recessed at 10:00 p.m. and reconvened at 10:08 p.m. * * * * 95-109 Report from Community Development Director recommending Co-sponsorship of Alameda Homebuyer Information Fair. Neil Patrick Sweeney urged employees and citizens to attend fair. Councilmember Lucas moved staff recommendation that City be a co- sponsor of the Fair. Councilman Arnerich seconded the motion. Responding to Councilmember DeWitt, the City Manager stated the City pays nothing, and is only putting up a banner. The motion carried by unanimous voice vote - 5. 95-110 Report from Finance Director transmitting Quarterly Sales Tax Report for period ending December 31, 1994 for sales transactions in the third calendar quarter. At the request of Gerhard Degemann, Alameda, the Finance Director reviewed staff report and noted recent Council action regarding Municipal Resource Consultants' services, e.g., education for local Regular Meeting, Alameda City Council February 21, 1995 businesses on sales tax filings; and noted the receipts for 1994 reflected a one percent increase over the same period in 1993, and City is in a slow recovery mode and a slight increase is anticipated in sales tax revenues. Councilmember DeWitt moved to accept the report. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. 95-111 Ordinance No. , N.S. "Amending the Alameda Municipal Code by adding Section 2-33 (Payments of Debts Owing to the City) to Article III (Departments, Offices and Bureaus) of Chapter II (Administration), Thereof, Authorizing the Acceptance of Negotiable Instruments and Credit Cards for Payment of Debts Owing to the City, and Authorizing the Rejection of Burdensome Unrolled Coins as Payment of Debts to the City." Introduced. [The item was pulled off the Consent Calendar for discussion by a member of the public, who was not in attendance when the matter was heard.] Councilman Arnerich moved introduction of the ordinance. Councilmember DeWitt seconded the motion which carried by unanimous voice vote - 5. REGULAR AGENDA 95-112 Resolution No. 12619 "Appointing Beverly Follrath Johnson as a Member of the City Planning Board." Adopted. Vice Mayor Mannix moved adoption of the resolution. Councilmember Lucas seconded the motion which carried by unanimous voice vote - 5. The Deputy City Clerk administered the Oath of Office. 95-113 Resolution No. 12620 "Appointing Noel W. Folsom as a Member of the City Social Service Human Relations Board." Adopted. Councilmember DeWitt moved adoption of the resolution. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. The Deputy City Clerk administered the Oath of Office. 95-114 Report from Councilmember Karin Lucas regarding Citizen Participation in City Government. Barbara Kerr, Alameda, expressed her concerns regarding the protection of the First Amendment on freedom of speech. Regular Meeting, Alameda City Council February 21, 1995 Charles O. Triebel, Jr., Attorney at Law, stated he submitted a letter on this matter [Open letter to Chief of Police, 2-9-95]; has observed elected and appointed public officials for twenty years; vast majority wish to do a good job; however, when mistakes are made, officials should admit to them and not become infused with an illness of dissembling and stonewalling; and he believes he has seen that here, and hopes Council's ministrations cures the illness. Councilmember Lucas stated she placed the item on agenda, wants it to be clear free speech exists in Alameda at the City Council Meetings; and suggested City Attorney explain the consequences of the First Amendment to the City staff. Vice Mayor Mannix stated if he thought the First Amendment was violated at this or any other forum, he would be first in line to protest; he believes an error was made; there is no doubt in his mind that the intent was to carry out a directive to the Chief of Police by City Manager, believes it was made in good faith, and Council's good faith is represented by the fact it is listening to this inquiry and authorized independent investigation (See Paragraph No. 95-010, Petition requesting "removal of the non- conforming building currently under construction in the rear yard at 1574 Pacific Avenue."]; the situation is unfortunate; and could have been rectified very simply; if an allegation is made against a City employee, he would want to know if there is any basis to it; he believes that is what the inquiry was formulated to do; had the initiative not been taken out of proportion and persons sat down and spoke to each other, the situation could have been clarified and resolved quite easily. Councilman Arnerich stated he has read Mr. Triebel's letter carefully and he agrees with Vice Mayor Mannix; and he believes the intent was to find out if there was any wrongdoing on the part of any City employee. Councilman Arnerich thanked Councilmember Lucas for placing matter on the agenda. Councilmember DeWitt suggested when there is a misunderstanding, the advice of Mr. Triebel should be followed to solve the problem, and he would like the City Manager to make a statement or, in some other manner, resolve the issue. President Appezzato stated he will await the Grand Jury's comments before he makes a statement. The City Manager stated it is part of his responsibility to investigate complaints concerning City employees, especially a complaint about possible criminal wrongdoing, and if citizens felt they were harassed, he apologizes. Regular Meeting, Alameda City Council February 21, 1995 President Appezzato thanked Councilmember Lucas for putting the matter on agenda. Councilmember Lucas stated that in the public arena, many charges are leveled against public officials, and it is part of staff's job to take criticism. Eve Roberson, Alameda, reviewed the background of the matter and stated the situation should not be trivialized; and stated she believes an attempt has been made to infringe upon First Amendment Rights. President Appezzato stated the Grand Jury will most likely hear this matter and he is not sure Council should comment at this time. The City Attorney stated it is her understanding it will be heard by the Grand Jury, and waiting for the Grand Jury to report is an appropriate way to approach the matter. Councilman Arnerich stated the matter was not ignored by Councilmembers as it was agendized and Council has addressed the matter. Councilmember Lucas moved acceptance of the report. Councilmember DeWitt seconded the motion which carried by unanimous voice vote - 5. 95-115 Appeal of a Planning Board approval of a Planned Development Amendment for a Modification to Planned Development Amendment, PDA-94-09, to permit the construction of 88 single family homes at The Headlands (Tract 6226), Harbor Bay Isle (Applicant: Aidan Barry for Harbor Bay Village V Associates/Appellant: R. G. Anderson for the Promontory Pointe Homeowners' Association Board of Directors); and Resolution denying the Appeal by R.G. Anderson for Promontory Pointe Homeowners' Association Board of Directors and Sustaining the Planning Board approval of Planned Development Amendment, PDA-94-09, the Headlands (Tract 6226), Harbor Bay Isle Village V. Resolution No. 12621 "Approving the Appeal by R.G. Anderson for Promontory Pointe Homeowners' Association Board of Directors and Modifying the Planning Board Approval of Planned Development Amendment, PDA-94-09, the Headlands (Tract 6226), Harbor Bay Isle Village V." Adopted. The following speakers addressed Council on this matter. Jon Rodgers, Alameda, stated his concerns about airport expansion; and that he does not want the Airport hassled now or in the future Regular Meeting, Alameda City Council February 21, 1995 by any complaints from residents when the homes are completed. Aidan Barry, Applicant, noted the supplement report before Council reflects the compromises arrived at by the Promontory Homeowners Association and Harbor Bay Village V Associates; and he supports it. Responding to President Appezzato's query concerning whether it is possible to build a 7000 square foot house on one of the lots, Mr. Barry stated it would on one of the larger lots; and it would go through two levels of review, the Headlands Project Architectural Review Committee which includes two members appointed by the community Board, and City Design Review. Councilman Arnerich discussed the 48% footprint limitation and potential changes with Mr. Barry. R.G. Anderson, Secretary, Promontory Homeowners' Association Inc. commented on the background of the matter and noted the Association has reluctantly agreed to the compromise because Doric Development agreed to the prohibition of flat-roofed homes at Headlands. Councilman Arnerich moved to adopt resolution approving Appeal and modifying Planning Board approval. Councilmember DeWitt seconded the motion. Councilmember DeWitt inquired if motion includes waiver of fee. Mr. Anderson verified he and another resident of Promontory paid the Appeal fee and were subsequently reimbursed by the Association. President Appezzato requested matter of waiving fees be placed on the March 7, 1995 Agenda. The motion carried by unanimous voice vote - 5. 95-116 Report from Assistant City Manager regarding Financing Golf Complex Public Improvements. Councilmember DeWitt moved acceptance of the report. Vice Mayor Mannix seconded the motion which carried by unanimous voice vote - 5. 95-117 Report from Public Works Director on recommending override of protest and award of contract to All Marine Services for Alameda Main Street Ferry Terminal Barge Rehabilitation Project, No. P.W. 08-94-15. Councilman Arnerich stated his concerns about the bid and removal of contaminents in the barges and inquired if the firm has any history of violations or being cited for illegal dumping; he wants Regular Meeting, Alameda City Council February 21, 1995 6 the firm to be clean of any violations; and if the firm stands clear, he has no problems and he will accept the bid which he believes to be excessively low; however, work orders must not exceed $95,000. Responding to Councilman Arnerich, the City Manager stated that no violations have been found against the low bidder, and further checking will be done with the County and State for any irregularities. Councilman Arnerich moved to accept the recommendation to override the protest and award the contract to All Marine Services, for an amount not to exceed $95,000, contingent upon proper bonding and no violations. Councilmember Lucas seconded the motion. The Public Works Director responded to questions of President Appezzato including all bidders knew that lead abatement is part of the contract. Councilman Arnerich confirmed that the motion includes overriding the protest. The motion was approved by unanimous voice vote - 5. 95-118 Report from Public Works Director recommending adoption of plans and specifications and calling for bids for Washington Park Tennis Court Resurfacing, No. P.W. 01-95-03, allocating additional funds to CIP #90-39, and directing the City Manager to award and execute the contract. Councilman Arnerich moved acceptance of the recommendation. Councilmember Lucas seconded the motion which carried by unanimous voice vote - 5. 95-119 Report from Finance Director transmitting Quarterly Financial Report for period ending December 31, 1994 and recommending that (1) departmental appropriations be adjusted to cover increased costs and (2) the City Manager be directed to implement measures that would result in closing the revenue/expenditure gap for Fiscal Year 1994/95. Responding to Jon Rodgers, Alameda, the Finance Director provided a brief summary of the report, and stated if everything goes as planned the City will be short $611,416 and that is why the recommendation is made that the City Manager be directed to look for ways to close the gap. Jon Rodgers, Alameda, Legislative Chairman, Aircraft Pilots of the Bay Area; Member, Port of Oakland Customer Council, stated he does not believe the Port of Oakland has been totally forthright with City of Alameda, citizens, and users of the airport; and opposed Regular Mr-Ming, Alameda City Council February 21, 1995 EIR proposal and CLASS. Pamela DeSimone, Chair, City Airport Operations Committee, provided background information and noted the necessity to understand through the Environmental Impact Report [EIR] the impact of major expansion of airport. Ed Wetherill, Citizens League for Aircraft Safety and Serenity [CLASS], stated the group monitors airport noise and safety issues; and the City must respond in a timely fashion to the federally mandated Environmental Impact Report. In response to Councilman Arnerich, the City Manager briefly discussed the $105,000 proposal for review of the airport expansion project, the impacts, and whether the airport has strategies necessary to mitigate any impacts on Alameda citizens, through the EIR, which requires expert testimony. Councilmember DeWitt moved the recommendation that departmental appropriations be adjusted to cover increased costs, and the City Manager be directed to implement measures that would result in closing the revenue/expenditure gap for fiscal year 1994-95. Vice Mayor Mannix seconded the motion which carried by unanimous voice vote - 5. The City Manager stated it is his intent to effectuate savings from various departments, and to the extent that would require any changes in policy by Council or any curtailment of existing programs, he would bring those back to Council; he may find some ways to save or postpone certain expenditures whereby he would not need to take actions regarding policies or reductions in programs, and he would proceed directly with those. Councilman Arnerich complimented City Manager and Finance Department for an excellent report. Councilmember Lucas stated that the airport expansion matter is an important item and needs to be analyzed. President Appezzato stated he would like the City Manager to look at the big items on the appropriations adjustments: Fire, Police, and capital improvements; and closely look at consultants, in general. The motion carried by unanimous voice vote - 5. 95-120 Report from Public Works Director regarding need to increase the Storm Water Utility Fee. Vice Mayor Mannix moved acceptance of the recommendation [to schedule a public hearing for March 7, 1995 to consider a Regular Meeting, Alameda City Council February 21, 1995 resolution authorizing increases to the Storm Water Utility Fee] with the caveat that the CPI [Consumer Price Index] will be capped at Fiscal Year 2000-2001. Councilman Arnerich discussed golf course drainage improvements with the Assistant City Manager and Public Works Director. The Public Works Director stated he will report back with complete details on March 7. Council, by consensus, voted to approve the motion by unanimous voice vote- 5. 95-121 Resolution No. "Authorizing the Reinstatement of City of Alameda Membership in the Association of Bay Area Governments." Councilmember Lucas suggested the matter be held over to March 7th Council Meeting in order to review City's financial situation in the meantime. The City Manager stated the pro-rated amount for this fiscal year would be $3,185. Following brief discussion on when the matter should be brought back, Councilman Arnerich suggested waiting six months to reconsider. President Appezzato noted money saved by ABAG for the City. Councilmember DeWitt expressed interest in belonging to ABAG due to important issues coming up that affect Alameda and the Seaport Commission. Gene Leong, Executive Director, ABAG, stated the next Executive Board Meeting will be the third Thursday of March, and will include discussions on appointments to the Seaport Commission; and would welcome Alameda. Responding to President Appezzato, Mr. Leong confirmed Alameda is the only city in Alameda County that is not a member; and that he will be available for telephone calls by Councilmembers in the next two weeks to provide information on savings provided the City. Councilmember Lucas moved to hold the matter over for two weeks [to March 7th Council Meeting]. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. 95-122a Resolution No. 12622 "Amending Master Fee Resolution No. 12191 by Establishing an Appeal Processing Fee for the Purpose of Appealing Decisions of Supervising Animal Control Officers." Adopted. Regular Meeting, Alameda City Council February 21, 1995 See 95-122b for Council action. 95-122b Ordinance No. 2686. N.S. "Amending the Alameda Municipal Code by Amending Section 7-10 (Dangerous Animals) of Chapter VII (Animal Control) Pertaining to Dangerous Animals." Final Passage. John Scott Graham, Alameda, stated that an owner who commanded their dog to attack should receive more than a misdemeanor charge; and addressed the need for additional posting of signs. Vice Mayor Mannix responded that if a dog's owner turned the dog loose on someone and person was severely injured, that would be a felony. Councilmember Lucas moved adoption of resolution and final passage of ordinance. Councilmember DeWitt seconded the motion which carried by unanimous voice vote - 5. 95-123 Ordinance No. 2687. N.S. "Amending the Alameda Municipal Code by Repealing Existing Section 24-5 (Smoking Control) of Chapter XXIV (Public Health) and Adding a New Section 24-5 (Smoking Control) Enforcing Labor Code Section 6404.5." Final Passage. Councilmember Lucas moved final passage. Councilmember DeWitt seconded the motion which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS. NON-AGENDA (Public Comment) 95-124 Eve Roberson, Alameda, requested a status report on building permit violations at 1574 Pacific Avenue. The City Manager responded that the information will be provided tomorrow [2-22-95]. 95-125 John Scott Graham, Alameda, stated that the City should use the Linoaks Motel property for senior citizen housing. 95-126 Stevon Schwartz, Alameda, thanked Council for providing funds for investigation on the 1574 Pacific Avenue property; stated John T. Trumbo [Architect] was nominated as the independent investigator, and because Council wanted residents to be satisfied with the choice, Pacific Avenue residents request two weeks to evaluate his resume and credentials. 95-127 Don Roberts, Alameda, stated that the Brown Act was changed to allow responses to citizens' specific questions on matters not on the Council Meeting agenda. Mayor Appezzato requested the City Attorney to bring back information regarding the issue. Regular Meeting, Alameda City Council February 21, 1995 COUNCIL COMMUNICATIONS (Communications from Council) 95-128 Councilmember Lucas reported that the neighbors near Longfellow Park would like the public telephone located on Linden Street, alleged to be used by drug dealers, relocated into the park. 95-129 Vice Mayor Mannix requested a report on the benefits derived from job application fees. 95-130 Mayor Appezzato stated that he is placing on the agenda for Council's approval, a request from AC Transit to adopt a Resolution supporting the establishment of a multi-modal transit center in downtown San Francisco. 95-131 Consideration of Mayor's appointment to the Airport Operations Committee. Mayor Appezzato appointed Councilmember DeWitt to the Airport Operations Committee. ADJOURNMENT 95-132 President Appezzato adjourned the meeting at 12:10 a.m. in memory of Helen Schulte, a retired City Finance Department employee. Respectfully submitted, DI E B. FELSCH, CMC Deputy City Clerk The agenda for this meeting was posted 72 hours in advance. Regular Meeting, Alameda City Council February 21, 1995