1995-06-20 Regular CC Minutes201
MINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL
JUNE 20, 1995
The meeting convened at 7:45 p.m., with Mayor Appezzato presiding.
The Pledge of Allegiance was led by Councilmember DeWitt. Reverend
Francis Doherty, St. Joseph's Basilica, gave the invocation.
ROLL CALL - Present: Councilmembers DeWitt, Lucas, Vice Mayor
Mannix and President Appezzato - 4.
Absent: Councilman Arnerich - 1.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
(95-381) Presentation of a Certificate of Service to Charito
C. Benipayo, former Social Service Human Relations Board Member.
President Appezzato read the Certificate of Service and presented
same to Ms. Benipayo.
Charito C. Benipayo, Alameda, thanked the Mayor and City Council
for the Certificate of Service and the opportunity to serve.
CONSENT CALENDAR
President Appezzato announced that the following items were pulled
for public discussion: 4-F (95-398) [Report from Planning Director
transmitting the Fourth Annual Report on Implementation of the
Housing Element]; 4-L (95-399,) [Report from Public Works Director
recommending Award of Contract to Expert Tree Service for Pruning
City Street Trees in Various Locations, and City Trees Within the
Chuck Corica Golf Co]rplex, in the City of Alameda for the Fiscal
Year Ending June 30, 1996, No. P.W. 04-95-08, in the Amount of
$211,500. (Including Contingencies)]; 4-M (95-400) [Report from
Public Works Director recommending Award of Contract to Buestad
Construction, Inc. in the Amount of $850,425 for the Interior
Renovation of Historic Alameda High School - East Wing, 2250
Central Avenue, No. P.W. 05-95-11]; and 4-P (95-401) [Resolution
Establishing Disadvantaged Business Enterprise Program Goals for
Fiscal Year July 1, 1995 Through June 30, 1996].
Vice Mayor Mannix moved approval of the remainder of the Consent
Calendar. Councilmember Lucas seconded the motion, which carried
by the following voice vote: Ayes: Councilmembers DeWitt, Lucas,
Vice Mayor Mannix and President Appezzato - 4. Noes: None.
Absent: Councilman Arnerich - 1.
Regular Meeting, Alameda City Council
June 20, 1995
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Items so enacted or adopted are indicated by an asterisk.
(*95-382) Minutes of Special Joint Meeting of the City Council
and School Board for June 5, 1995; Special Council Meeting of June
6, 1995 (Closed Session); and Regular Council Meeting of June 6,
1995. Approved.
(*95-383) Report from Community Development Director
Recommending Execution of Agreement for Joint Participation In and
Financing of the Countywide Alameda County Economic Development
Program. Approved.
(*95-384) Report from Community Development Director
recommending Execution of Fiscal Year 1995-96 Community Development
Block Grant (CDBG) Grant Agreement with the Family Violence Law
Center for Domestic Violence Services. Accepted.
(*95-385) Report from Finance Director recommending the City
Council take a position in opposition to Senate Bill 1066
(Campbell), Builders Efforts to Overturn Centex. Accepted.
(*95-386) Report from Finance Director transmitting Investment
Portfolio for Period Ending May 31, 1995. Accepted.
(*95-387) Report from Public Works Director recommending
acceptance of the Work by DRYCO for Joan Fairfield Tennis Courts'
Resurfacing at Washington Park, No. P.W. 01-95-03. Accepted.
(*95-388) Report from Public Works Director recommending
Adoption of Plans and Specifications and Calling for Bids for Fire
Station #1, ADA, Seismic and HVAC Upgrading, and Asbestos
Abatement, No. P.W. 10-94-16; and Fire Station #2, ADA Upgrading
and Asbestos Abatement, No. P.W. 10-94-17. Accepted.
(*95-389) Status report from Public Works Director regarding
Extension of Pier 1/2 License Agreement Between Port of San
Francisco and City of Alameda. Accepted.
(*95-390) Report from Public Works Director recommending
Adoption of Plans and Specifications and Calling for Bids for the
Construction of Tenant Improvements at 1701 Webster Street for the
Community Development Department, No. P.W. 06-95-13. Accepted.
(*95-391) Report from Public Works Director recommending Award
of Contract to EnviroScapes, Inc. for Landscape Maintenance of
Median Strips and Special Areas for the Fiscal Year Ending June 30,
1996, No. P.W. 04-95-09, in the Amount of $61,410.85 (Low Bid + 15%
Contingencies). Accepted.
Regular Meeting, Alameda City Council
June 20, 1995
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(*95-392) Report from Public Works Director regarding
extension of the Parking Management Agreement between City of
Alameda and the Park Street Business Association (PSBA) for
Municipal Lots A and C. Accepted.
(*95-393) Resolution No. 12655 "Establishing a Permanent
Public Access Easement Within the City-Owned Doolittle Landfill
Site and at the North End of Veterans Court." Adopted.
(*95-394) Resolution No. 12656 "Authorizing the Filing of a
Claim with the Metropolitan Transportation Commission and the
Alameda County Board of Supervisors for Allocation of
Transportation Development Act, Article 4.5, and Alameda County
Measure B Funds for Fiscal Year 1995-96." Adopted.
(*95-395) Resolution No. 12657 "Establishing Guidelines for
Reimbursement of Per Diem Travel and Related Expenses in Connection
with the Conduct of City Business." Adopted.
(*95-396) Resolution No. 12658 "Opposing Assembly Bill 318
Prohibiting Transfers from Alameda's Bureau of Electricity to the
City's General Fund." Adopted.
(*95-397) Bills, certified by the City Manager to be true and
correct, were ratified in the sum of $1,374,776.02. Ratified.
(95-398) Report from Planning Director transmitting the Fourth
Annual Report on Implementation of the Housing Element.
Barbara Kerr, Alameda, inquired whether the Association of Bay Area
Governments (ABAG) was ameliorating their severe quotas for
Alameda; discussed efforts of the Housing Authority to acquire a
senior's home and adjacent vacant lot; and stated that ethical
standards should be incorporated in the next Housing Element.
In response to Ms. Kerr's inquiries, the City Manager explained
that ABAG's contract with the State of California was to provide
the fair share housing allocation based on information, including
the availability of housing sites within the City of Alameda, and
the demand for low-income housing within the City.
Councilmember Lucas requested a staff report on the property issue
commented on by Ms. Kerr.
Councilmember DeWitt moved acceptance of the report. Councilmember
Lucas seconded the motion, which carried by the following voice
vote: Ayes: Councilmembers DeWitt, Lucas, Vice Mayor Mannix and
President Appezzato - 4. Noes: None. Absent: Councilman
Arnerich - 1.
Regular Meeting, Alameda City Council
June 20, 1995
(95-399) Report from Public Works Director recommending Award
of Contract to Expert Tree Service for Pruning City Street Trees in
Various Locations, and City Trees Within the Chuck Corica Golf
Complex, in the City of Alameda for the Fiscal Year Ending June 30,
1996, No. P.W. 04-95-08, in the Amount of $211,500. (Including
Contingencies).
Neil Patrick Sweeney, Alameda, requested that the tree in front of
Juanita's Mexican Restaurant be trimmed.
Councilmember Lucas moved acceptance of the report. Vice Mayor
Mannix second the motion, which carried by the following voice
vote: Ayes: Councilmembers DeWitt, Lucas, Vice Mayor Mannix and
President Appezzato - 4. Noes: None. Absent: Councilman
Arnerich - 1.
(95-400) Report from Public Works Director recommending Award
of Contract to Buestad Construction, Inc. in the Amount of $850,425
for the Interior Renovation of Historic Alameda High School - East
Wing, 2250 Central Avenue, No. P.W. 05-95-11.
Gerhard Degemann, Alameda, congratulated the Council and staff for
rapidly moving forward with the East Wing; and inquired why the
exterior painting and ornamental items were excluded from the scope
of work.
In response to Mr. Degemann's inquiries, the City Manager stated
that the contract for the exterior painting was awarded separately
by the Council in May; that the work on the ornamental items was
being done separately; and that further information would be
provided at a later date.
The City Manager requested that Council override the protest by
Sausal Construction Corporation and to award the contract to
Buestad Construction, Inc.
Councilmember Lucas moved that the protest by Sausal Construction
Corporation be overruled. Vice Mayor Mannix seconded the motion,
which carried by the following voice vote: Ayes: Councilmembers
DeWitt, Lucas, Vice Mayor Mannix and President Appezzato - 4.
Noes: None. Absent: Councilman Arnerich - 1.
In response to President Appezzato's inquiry regarding change
orders, the City Manager stated that there may be minor change
orders, e.g. renovating the old auto shop into a Board/Council
meeting room.
Regular Meeting, Alameda City Council
June 20, 1995
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Councilmember DeWitt moved acceptance of the report. Vice Mayor
Mannix seconded the motion, which carried by the following voice
vote: Ayes: Councilmembers DeWitt, Lucas, Vice Mayor Mannix and
President Appezzato - 4. Noes: None. Absent: Councilman
Arnerich - 1.
(95-401) Resolution No. 12659 "Establishing Disadvantaged
Business Enterprise Program Goals for Fiscal Year July 1, 1995
Through June 30, 1996."
Councilmember Lucas stated she understood that the law was changing
rapidly regarding said matter, and requested that the motion to
adopt the Resolution include: "as the law changes, the City
Attorney is authorized to change the Contract."
Councilmember Lucas moved adoption of the Resolution, as amended.
Vice Mayor Mannix seconded the motion, which carried by the
following voice vote: Ayes: Councilmembers DeWitt, Lucas, Vice
Mayor Mannix and President Appezzato - 4. Noes: None. Absent:
Councilman Arnerich - 1.
AGENDA ITEMS
(95-374) Public Hearing to consider Resolution No. 12660
"Disapproving TCI's Rates and Charges for Basic Cable TV Service
Tier from July 15, 1994 to March 31, 1995, and Prescribing Rates
and Charges for Same Pursuant to Sections 76.936, 76.940, 76.941
and 76.942 for the Rules and Regulations of the Federal
Communications Commission." (Carried over from the June 6, 1995,
Regular Council meeting.)
President Appezzato opened the public portion of the Hearing.
There being no speakers, the public portion of the Hearing was
closed.
The Assistant City Manager provided background information
regarding the 1992 Cable Act and TCI's basic service tier.
Vice Mayor Mannix moved adoption of the Resolution. Councilmember
Lucas seconded the motion.
Councilmember DeWitt spoke in support of motion to lower rates
based on data provided; and stated that TCI had helped the
community by providing funds to charitable organizations.
The motion carried by the following voice vote: Ayes:
Councilmembers DeWitt, Lucas, Vice Mayor Mannix and President
Appezzato - 4. Noes: None. Absent: Councilman Arnerich - 1.
Regular Meeting, Alameda City Council
June 20, 1995
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(95-375) Report from Finance Director regarding implementation
of exemption for seniors and very low-income families from the 2%
Utility Users Tax increase. (Carried over from the June 6, 1995,
Regular Council meeting.)
The City Manager suggested that Items 5-B and 5-R [Introduction of
Ordinance Amending the Alameda Municipal Code by Amending
Subsection 3-59.4(d) (Telephone Users Tax) of Section 3-59 (Utility
Users Tax), Part C (Use Tax), Article II (Taxation) of Chapter III
(Finance and Taxation) Thereof, Deleting Exception for Seniors Who
Are Not Low Income], be heard concurrently.
(95-402) Introduction of Ordinance "Amending the Alameda
Municipal Code by Amending Subsection 3-59.4(d) (Telephone Users
Tax) of Section 3-59 (Utility Users Tax), Part C (Use Tax), Article
II (Taxation) of Chapter III (Finance and Taxation) Thereof,
Deleting Exception for Seniors Who Are Not Low Income]."
Introduced.
In response to President Appezzato's inquiry regarding total costs
[for administering the exemptions], the City Manager briefly
discussed the matter, including Bureau of Electricity and TCI
Cablevision costs.
Kevin Kearney, Alameda City Auditor, expressed concern for staff's
recommendations, the 2% exemption, collection costs, and
budget/fiscal impacts.
In response to Mr. Kearney's comments, the City Manager stated that
in order to streamline the process, an existing list developed by
the City of low-income and seniors would be provided to the various
utility companies to utilize, which would eliminate the need for
check processing and any costs incurred due to said process; and
further explained the reprogramming of various utility companies'
billing systems and costs incurred.
Earl Peacock, Alameda, stated that he was speaking on behalf of Al
Derr; and that Mr. Derr believed that the utility bills should
include a check box for those citizens who wish their exemptions
from the tax increase to go to the Mastick Senior Citizens
Corporation.
In response to Mr. Peacock's comments, the City Manager stated that
the City could accomplish what Mr. Derr suggested in a slightly
different manner, and that staff would report back to Council
regarding said matter.
Don Roberts, Alameda, requested that discussion regarding Item 5-R
be deferred until later in the meeting.
Regular Meeing, Alameda City Council
June 20, 1995
207
The City Manager stated that the City Attorney advised that Item
5-R could be taken out of order.
The Council concurred to vote on both items at the same time.
Councilmember DeWitt moved acceptance of the report. Vice Mayor
Mannix seconded the motion, which carried by the following voice
vote: Ayes: Councilmembers DeWitt, Lucas, Vice Mayor Mannix and
President Appezzato - 4. Noes: None. Absent: Councilman
Arnerich - 1.
Councilmember DeWitt moved introduction of the Ordinance.
Councilmember Lucas seconded the motion, which carried by the
following voice vote: Ayes: Councilmembers DeWitt, Lucas, Vice
Mayor Mannix and President Appezzato - 4. Noes: None. Absent:
Councilman Arnerich - 1.
(95-376) Final Passage of Ordinance No. 2694 "Amending the
Alameda Municipal Code by Repealing Section 23-4 (Weeds and Other
Deleterious Growths) in its Entirety and Replacing with Revised
Section 23-4 (Weeds, Rubbish and Rubbish Control) of Chapter XXIII
(Parks, Recreation Areas and Public Property)." (Carried over from
the June 6, 1995, Regular Council meeting.)
Vice Mayor Mannix moved final passage of Ordinance. Councilmember
Lucas seconded the motion, which carried by the following voice
vote: Ayes: Councilmember DeWitt, Lucas, Vice Mayor Mannix and
President Appezzato - 4. Noes: None. Absent: Councilman
Arnerich - 1.
(95-377) Written Communication from Kenneth R. Conroy,
Alameda, suggesting certain changes to the ordinance regulating the
barking of dogs. (Carried over from the June 6, 1995, Regular
Council meeting.)
Councilmember Lucas stated that the staff report addressed Mr.
Conroy's concerns, and moved acceptance of communication and
notification to Mr. Conroy. Vice Mayor Mannix seconded the motion,
which carried by the following voice vote: Ayes: Councilmembers
DeWitt, Lucas, Vice Mayor Mannix and President Appezzato - 4.
Noes: None. Absent: Councilman Arnerich - 1.
(95-378) Written Communication from Don Roberts, Alameda,
requesting that any substantive responses to a Councilmember's
question(s) by the City Manager (or other staff member) on agenda
items be provided in writing to each Councilmember, the Alameda
news media, and the City Clerk's Office for public access.
(Carried over from the June 6, 1995, Regular Council meeting.)
Regular Meeting, Alameda City Council
June 20, 1995
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Don Roberts, Alameda, commented on certain Brown Act requirements,
and suggested that Council direct the City Manager and staff to
maintain a written log of all meetings with Councilmembers which
include substantive responses to questions on agenda items.
In response to Mr. Roberts' inquiry regarding the City Manager
providing background information to two Councilmembers in a private
session and a third Councilperson requesting the City Manager to
provide information on the same item, the City Manager stated that
that rarely occurred and that when it did, he indicated to the
third Councilmember that said item was discussed with two other
Councilmembers and could not discuss it with additional
Councilmembers.
Councilmember DeWitt directed that the City Manager and City
Attorney comply with all aspects of the Brown Act.
Vice Mayor Mannix spoke in support of Councilmember DeWitt's
request, and requested that staff elaborate on ramifications of the
Brown Act and what the City does to comply with said Act.
President Appezzato requested that Councilmembers and staff put
substantive information, questions and/or responses in writing and
that a copy be provided to all Councilmembers.
In response to Vice Mayor Mannix's request, the City Attorney
stated that the current City Council was a Brown Act conservative
Council; that in the past, Council had instructed City staff to
error on the side of openness in government, and that she had
observed such; that the City Manager had prepared memorandums
recommending that discussions not be held regarding possible future
agenda items because of the need to have public discussions; that
seriatim meetings had been discussed with the City Council, City
Manager and staff; and that the Council was doing a good job
complying with the Brown Act.
Vice Mayor Mannix requested that when a Councilmember requests
information that is replied to in writing, that effort be made to
include written response in Council agenda packets, if time
permits.
In response to Mr. Roberts' suggestion (City Manager and staff
maintain a written log of all meetings with Councilmembers which
includes substantive responses to questions on agenda items], the
City Attorney stated that a written log was not a Brown Act
requirement, but rather a policy question for the Council.
Regular Meeting, Alameda City Council
June 20, 1995
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Councilmember DeWitt moved acceptance of the communication.
Councilmember Lucas seconded the motion, which carried by the
following voice vote: Ayes: Councilmembers DeWitt, Lucas, Vice
Mayor Mannix and President Appezzato - 4. Noes: None, Absent:
Councilman Arnerich - 1.
(95-403) Resolution No. 12661 "Reappointing Vicki J. Lane as
a Member of the Civil Service Board.”
Councilmember Lucas moved adoption of Resolution. Vice Mayor
Mannix seconded the motion, which carried by the following voice
vote: Ayes: Councilmembers DeWitt, Lucas, Vice Mayor Mannix and
President Appezzato - 4. Noes: None. Absent: Councilman
Arnerich - 1.
At this time, the City Clerk administered the Oath of Office to Ms.
Lane.
Ms. Lane accepted the reappointment, and thanked the Mayor and City
Council.
(95-404) Resolution No. 12662 "Reappointing Ruth S. Lamb as a
Senior-Tenant Member of the Housing Commission."
Vice Mayor Mannix moved adoption of Resolution. Councilmember
Lucas seconded the motion, which carried by the following voice
vote: Ayes: Councilmembers DeWitt, Lucas, Vice Mayor Mannix and
President Appezzato - 4. Noes: None. Absent: Councilman
Arnerich - 1.
At this time, the City Clerk administered the Oath of Office to Ms.
Lamb.
Ms. Lamb accepted the reappointment, and thanked the Mayor and City
Council.
(95-405) Resolution No. 12663 "Reappointing Archie Waterbury
as a Member of the Library Board."
Councilmember Lucas moved adoption of Resolution. Vice Mayor
Mannix seconded the motion, which carried by the following voice
vote: Ayes: Councilmembers DeWitt, Lucas, Vice Mayor Mannix and
President Appezzato - 4. Noes: None. Absent: Councilman
Arnerich - 1.
(95-406) Resolution No. 12664 "Reappointing Marie L. Gilmore
as a Member of the Planning Board."
Regular Meeting, Alameda City Council
June 20, 1995
:10
Councilmember Lucas moved adoption of Resolution. Vice Mayor
Mannix seconded the motion, which carried by the following voice
vote: Ayes: Councilmembers DeWitt, Lucas, Vice Mayor Mannix and
President Appezzato - 4. Noes: None. Absent: Councilman
Arnerich - 1.
At this time, the City Clerk administered the Oath of Office to Ms.
Gilmore.
Ms. Gilmore accepted the reappointment, and thanked the Mayor and
City Council.
(95-407) Resolution No. 12665 "Reappointing Beverly J. Johnson
as a Member of the Planning Board."
Vice Mayor Mannix moved adoption of Resolution. Councilmember
Lucas seconded the motion, which carried by the following voice
vote: Ayes: Councilmembers DeWitt, Lucas, Vice Mayor Mannix and
President Appezzato - 4. Noes: None. Absent: Councilman
Arnerich - 1.
At this time, the City Clerk administered the Oath of Office to Ms.
Johnson.
Ms. Johnson accepted the reappointment, and thanked the Mayor and
City Council.
(95-408) Resolution No. 12666 "Reappointing Jim Franz as a
Member of the Social Service Human Relations Board."
Councilmember Lucas moved adoption of Resolution. Vice Mayor
Mannix seconded the motion, which carried by the following voice
vote: Ayes: Councilmembers DeWitt, Lucas, Vice Mayor Mannix and
President Appezzato - 4. Noes: None. Absent: Councilman
Arnerich - 1.
At this time, the City Clerk administered the Oath of Office to Mr.
Franz.
Mr. Franz accepted the reappointment, and thanked the Mayor and
City Council.
(95-409) Resolution No. 12667 "Reappointing Lois M. Workman as
a Member of the Social Service Human Relations Board."
Councilmember DeWitt moved adoption of Resolution. Vice Mayor
Mannix seconded the motion, which carried by the following voice
vote: Ayes: Councilmembers DeWitt, Lucas, Vice Mayor Mannix and
President Appezzato - 4. Noes: None. Absent: Councilman
Arnerich - 1.
Regular Meeting, Alameda City Council
Lune 20, 1995
At this time, the City Clerk administered the Oath of Office to Ms.
Workman.
Ms. Workman accepted the reappointment, and thanked the Mayor and
City Council.
(95-410) Written Communication from Kathy Teller, Joyce Nance,
Coe Salzgeber, and Ellen Clary, Alameda, requesting the City to
help celebrate diversity by declaring the month of June to be Gay
Pride Month.
The following persons addressed the Council in support of the
written communication:
Kathy Gail Teller, Alameda, representing the Out on the Island
group.
Neil Patrick Sweeney, Alameda.
Anita Rexinger Tavernier, Alameda.
Phyllis D. Marshall, Alameda.
Christine Rose Allen, Out on the Island.
Christa Marie Keller, Out on the Island.
Benjamin David Stough, Temple of Israel.
Victoria M. Allen, Alameda.
Betty L. Murphy, Alameda.
Geri B. Creque-Stough, Alameda.
Morten W. Wellhaven, Alameda.
Ann Brown, Out on the Island.
The following persons addressed the Council in opposition to the
written communication:
Earl Peacock, Alameda.
Carol June Freeman-Media, Alameda.
Thomas Matthew McManus, Alameda.
Frank P. Terranova, Alameda.
Council recessed at 9:22 p.m. and reconvened at 9:38 p.m.
Discussion resumed on Item 5-M [Declaring the month of June to be
Gay Pride Month].
The following persons addressed the Council in support of the
written communication:
Shayne Bowden Fleming, Alameda.
Helen Gilliland, Alameda.
Barbara M. Guenther, Alameda.
Lois Workman, Alameda Democratic Club.
Norma Smith, Alameda Democratic Club.
Karen A. Morgan, Alameda.
Regular Meeting, Alameda City Council
June 20, 1995
712
Will Garfinkle, Alameda.
Christie S. Look, Out on the Island.
Reverend Robert T. Fuentes, Pacific Church.
Eric Hsu, East Bay Lesbian/Gay Democratic Club.
Paul J. Renwick, Out on the Island.
Gesine Lohr, Alameda.
Harvey Rosenthal, Oakland.
The following persons addressed the Council in opposition to the
written communication:
Greg Sommer, Alameda.
Shea M. Gregory, Alameda.
Don R. Taylor, Alameda.
Robert Anthony Niunne, Calvary Baptist Church.
Clay Pollard, Calvary Baptist Church.
Shirley C. Cummins, Alameda.
Fergie L. Owens, Central Baptist Church.
Monica L. Russell, Alameda.
Joe Russell, Alameda.
Timothy Paul Hayenga, Alameda.
David Edwin Hall, Alameda.
Dianne M. Hayenga, Alameda, submitted petition with approximately
600 signatures in opposition.
Karyn LaRae Sorenson, Concerned Women for America.
Council recessed at 10:43 p.m. and reconvened at 10:55 p.m.
Discussion resumed on Item 5-M [Declaring the month of June to be
Gay Pride Month].
The following persons addressed the Council in support of the
written communication:
Lois Workman, on behalf of Elizabeth R. Zackheim, Alameda.
Veronica A. Acosta, Alameda.
Jerome Francis Post, Out on the Island.
Reverend Michael Yoshii, Alameda.
Ashley 0. Jones, Alameda.
Alvin Lee Davis Pickettay, The Hayward Project.
Debra Arbuckle, Alameda.
Lynne Y. Kabutan-Scott, Alameda.
Reverend Jim Alan Lawer, Alameda.
Anneli Meyer, Alameda.
Laura Wells, Alameda.
Janet Silver Ghent, Alameda.
Lois Perillo, Alameda.
Regular Meeting, Alameda City Council
June 20, 1995
1")
The following persons addressed the Council in opposition to the
written communication:
Carol Knight Rebello, Alameda.
Don Bergen, Alameda.
Edward C. Asuncion, Alameda.
Robert Walker Wilson, Alameda.
Bruce Edward Brothers, Alameda.
Dan M. McDade, Alameda.
Mike Savage, Alameda.
Vice Mayor Mannix moved that the Council meeting be continued after
midnight to continue discussion on Item 5-M [Declaring the month of
June to be Gay Pride Month] and other agenda items that must be
addressed. Councilmember Lucas seconded the motion.
The Council, by consensus, approved the motion.
The following person addressed the Council in opposition to the
written communication:
John Fee, Alameda.
Council recessed at 11:50 p.m. and reconvened at 12:02 a.m.
Discussion resumed on Item 5-M [Declaring the month of June to be
Gay Pride Month].
The following persons addressed the Council in support of the
written communication:
Leona Ramos, Alameda.
Allan D. Shore, Alameda.
Harry Hartman, Alameda Democratic Club.
Daniel E. Herth, Christ Episcopal.
Janet E. McAfee, Alameda Democratic Club.
Dr. Jay Garfinkle, Alameda.
Barbara Hammer, Alameda.
Sharon E. Snyder, Alameda.
Vice Mayor Mannix stated that he placed said item on the agenda to
accommodate a request from an Alameda resident; that it was
important that Council ensure that people have every opportunity to
be heard; that he does not believe in judging people by any
standard beyond whether or not they conduct themselves in a manner
which respects his rights and personal environment; that how people
live their personal lives was their business and none of his, and
it was also none of the business of government; that we all exist
together and must all learn to live and work together as Americans;
that it was not the responsibility of governing bodies to extol the
Regular Mecting, Alameda City Council
June 20, 1995
214
virtues of any one group or another, or worse that they be
interpreted as putting one group over another; that the promotion
of pride in a particular group resided solely with the individuals
making up that group, not the government; and that he will no
longer support any proclamation that was not based on recognition
of the actions or services of individuals or groups which have
benefited the community or nation in some tangible fashion.
President Appezzato commended the public for maintaining proper
decorum during several hours of discussion, and thanked them for
the courtesy shown.
Councilmember DeWitt stated that the people who spoke in favor of
the proclamation have shown that love, caring, togetherness,
tolerance, and understanding are what the proclamation is all
about; that it was important for individuals present to feel good
about themselves in order that the suicides, hatred,
discrimination, and all the other things do not continue to happen;
that Alameda was a wonderful place to live, and that discrimination
was not tolerated; welcomed homosexuals to be who they were without
fear of discrimination or hatred; that not all of the residents of
Alameda were in favor of the proclamation; that the Council hoped
that proclamations would be issued for contributions or
accomplishments; and that since a proclamation represented the
whole City, and purported that the City was in support, that as a
City representative, he could not support a proclamation [declaring
June as Gay Pride Month].
Councilmember Lucas stated that gays and lesbians were an important
part of the community; that the gay and lesbian community
contributed to the City in various manners, such as: business,
family life, schools, and charitable activities; that there were
uncounted contributions made by the gay and lesbian community; that
gays and lesbians were solid citizens, and she was proud of them;
that she owed the gays and lesbians recognition; and that the City
owed the gays and lesbians recognition for their many
contributions, and to encourage those contributions in the future.
Councilmember Lucas moved acceptance of the proclamation. Motion
FAILED for lack of a second.
Vice Mayor Mannix moved that proclamations be issued in recognition
of actions or services of individuals or groups which have in some
tangible fashion benefitted the City, State, or Nation; that
proclamations should not be issued solely on the basis of
recognizing individuals or groups simply for the purpose of
recognition; and that proclamations should never be issued simply
for the sake of recognizing individuals or groups based on nothing
more than race, religion, ethnicity, national origin, sexual
orientation/preference, or gender.
Regular Meeting, Alameda City Council
June 20, 1995
3_ J
Councilmember DeWitt seconded the motion.
The City Attorney stated that legislation was required to change
the approach to proclamations, and that Council should direct staff
to prepare same conveying their intention.
President Appezzato stated that legislation to change the approach
to proclamations would be placed on the agenda at a later date for
discussion and vote.
Councilmember DeWitt concurred.
The motion carried by the following voice vote: Ayes:
Councilmember DeWitt, Vice Mayor Mannix and President Appezzato -
3. Noes: Councilmember Lucas - 1. Absent: Councilman Arnerich -
1.
Council recessed at 12:40 a.m. and reconvened at 12:45 a.m.
Councilmember DeWitt moved that the Council meeting be extended
past midnight to address Items 5-N, 5-P and 5-S. Vice Mayor Mannix
seconded the motion, which carried by the following voice vote:
Ayes: Councilmembers DeWitt, Lucas, Vice Mayor Mannix and
President Appezzato - 4. Noes: None. Absent: Councilman
Arnerich - 1.
(95-411) Public Hearing to consider Resolution No. 12668
"Establishing Appropriations Limits for Fiscal Year 1995-96."
President Appezzato opened the public portion of the Hearing.
There being no speakers, the public portion of the Hearing was
closed.
Councilmember Lucas moved adoption of the Resolution. Vice Mayor
Mannix seconded the motion, which carried by the following voice
vote: Ayes: Councilmembers DeWitt, Lucas, Vice Mayor Mannix and
President Appezzato - 4. Noes: None. Absent: Councilman
Arnerich - 1.
(95-412) Report from Personnel Director regarding Proposed
Golden Handshake Retirement.
Vice Mayor Mannix moved acceptance of the report. Councilmember
Lucas seconded the motion, which carried by the following voice
vote: Ayes: Councilmembers DeWitt, Lucas, Vice Mayor Mannix and
President Appezzato - 4. Noes: None. Absent: Councilman
Arnerich - 1.
Regular Meeting, Alameda City Council
June 20, 1995
216
(95-413) Final Passage of Ordinance No. 2695 "Reclassifying
and Rezoning Certain Properties Within the City of Alameda by
Amending Zoning Ordinance No. 1277 for That Property Located at 456
Pacific Avenue."
Councilmember DeWitt moved final passage of Ordinance. Vice Mayor
Mannix seconded the motion, which carried by the following voice
vote: Ayes: Councilmembers DeWitt, Lucas, Vice Mayor Mannix and
President Appezzato - 4. Noes: None. Absent: Councilman
Arnerich - 1.
ORAL COMMUNICATIONS, NON-AGENDA (Public Comment)
None.
COUNCIL COMMUNICATIONS (Communications from Council)
(95-414) Consideration of Mayor's nomination for an
appointment to the Historical Advisory Board.
President Appezzato nominated Judy Pollard for appointment.
(95-415) Consideration of Mayor's nomination for an
appointment to the Public Utilities Board.
President Appezzato nominated W. Lance Russum for appointment.
(95-416) Vice Mayor Mannix announced that Mr. Joe King, 69
years old, recently won the Dipsea Race in Marin County.
(95-417) Councilmember DeWitt requested, on behalf of
Councilman Arnerich, that the meeting be adjourned in memory of Don
Grant, former Encinal High School teacher and coach.
(95-418) Councilmember Lucas stated that bike riders made
seniors nervous; that they do not hear the bikes approaching; and
requested a report on said matter.
Pursuant to Resolution No. 12611, Section 1 (k), Rules of Order,
the following Items were held over to the next City Council
Meeting:
(95-419) Report from Personnel Director regarding modified
Work Week in City Facilities. (Vice Mayor Mannix)
(95-420) Report from Chief of Police regarding J. Love's Cafe
& Cabaret. (Councilmember Lucas)
Regular Meeting, Alameda City Council
June 20, 1995
2,J 7
ADJOURNMENT
(95-421) President Appezzato adjourned the meeting at 12:53
a.m., in memory of Don Grant, former Encinal High School teacher
and coach.
Res ectfully submitted,
DI NE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted in advance in accordance
with the Brown Act.
Regular Mccting, Alameda City Council
Tune 20, 1995