1995-09-05 Regular CC Minutes29
MINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL
SEPTEMBER 5. 1995
The meeting convened at 8:14 p.m., with Mayor Appezzato presiding.
The Pledge of Allegiance was led by Vice Mayor Mannix. Reverend
Daniel Weller, Alameda Community Church, gave the invocation.
ROLL CALL - Present:
Absent:
Councilmembers Arnerich, DeWitt, Lucas,
Vice Mayor Mannix and President Appezzato
- 5.
None.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
None.
CONSENT CALENDAR
President Appezzato announced that item 4-F [Resolution Terminating
the Regulatory Agreement Between the City of Alameda and the
Housing Authority of the City of Alameda Related to the Development
of Twelve Units of Seniors Housing at 2201 Santa Clara Avenue and
Actions to Authorize Acquisition of 12 Condominiums] was withdrawn
from the agenda; and item 4-G (95-542.) [Resolution Declaring the
Need for and Support of the Bradley-Burns Bill of Rights] was
pulled for public discussion.
Vice Mayor Mannix moved approval of the remainder of the Consent
Calendar. Councilman Arnerich seconded the motion, which carried
by unanimous voice vote - 5.
Items so enacted or adopted are indicated by an asterisk.
(*95-536) Minutes of the Special and Regular Council Meetings
of August 15, 1995. Approved.
(*95-537) Report from City Manager recommending the Mayor be
authorized to send a letter opposing AB 49XX (which would require
cities to fund county LAFCO staff) to State Representatives.
Accepted.
(*95-538) Report from Finance Director transmitting Investment
Portfolio for Period Ending July 31, 1995. Accepted.
Regular Meeting, Alameda City Council
September 5, 1995
294
(*95-539) Report from Public Works Director recommending
Adoption of Plans and Specifications and Calling for Bids for
Construction of a new Recreation Building and Playground
Improvements at Krusi Park, No. P.W. 08-95-16. Accepted.
(*95-540) Resolution No. 12681 "Supporting California Senate
Bill 793 pertaining to Emergency Funding for School Districts
Impacted by Base Closures." (Mayor Appezzato) Adopted.
(*95-541) Bills, certified by the City Manager to be true and
correct, were ratified in the sum of $2,920,701.22. Approved.
(95-542) Resolution No. 12682 "Declaring the Need for and
Support of the Bradley-Burns Bill of Rights." Adopted.
Councilmember Lucas stated that the Board of Equalization is an
example of the arrogance of some governmental agencies in imposing
obligations and not listening to the governments that are affected;
and that the intent of the Bradley-Burns Bill of Rights would limit
the rights of the Board of Equalization and make it more open to
access by the public.
Councilmember Lucas moved adoption of the Resolution. Councilman
Arnerich seconded the motion, which carried by unanimous voice vote
- 5.
Discussion was held on previously approved Consent Calendar Item
4-E (95-540) FResolution No. 12681 "Supporting California Senate
Bill 793 pertaining to Emergency Funding for School Districts
Impacted by Base Closures."].
Don Bergen, Alameda, addressed the Council in opposition to the
Resolution and suggested that school districts reduce budgets to
compensate for emergency funding.
Mayor Appezzato stated that President Clinton announced a grant of
$3.4 million for Cal Start to produce electric transportation
vehicles at the Naval Air Station; that the Base will be closed in
two years; that the President's grant was the first of many
successful initiatives at the Naval Air Station.
5. REGULAR AGENDA ITEMS
(95-543) Resolution No. 12683 "Appointing Anthony Daysog as a
Member of the City Economic Development Commission (Community At
Large)." Adopted.
Regular Meeting, Alameda City Council
September 5, 1995
295
Vice Mayor Mannix moved adoption of the Resolution. Councilmember
DeWitt seconded the motion, which carried by unanimous voice vote -
5.
The City Clerk administered the Oath of Office to Mr. Daysog.
Neil Patrick Sweeney, Alameda, addressed the Council in support of
the appointment.
(95-544) Resolution No. 12684 "Appointing Ronald J. Rossi as
a Member of the City Planning Board." Adopted.
Councilmember Lucas moved adoption of the Resolution. Vice Mayor
Mannix seconded the motion, which carried by unanimous voice vote -
5.
The City Clerk administered the Oath of Office to Mr. Rossi.
(95-545) Resolution No. 12685 "Declaring the Property Located
at 1310 Pacific Avenue a Nuisance and Ordering its Abatement."
Adopted.
Mayor Appezzato explained the procedures for conducting the
Abatement Hearing.
The City Clerk swore in members of City staff and persons who
desired to testify during the Abatement Hearing.
The Assistant City Attorney stated that as part of the City's
presentation of its case against the property at 1310 Pacific, she
would like to have the staff report dated August 28, 1995, entered
into evidence.
Mayor Appezzato accepted the report into the record.
The Assistant City Attorney gave an overview of the proceedings;
stated that she will briefly present the City's case by questioning
various staff members; that Council will have the opportunity to
question staff members; that Mr. Haun, owner of said property, may
cross examine staff members; that Mr. Haun will then present his
case; that Council will have the opportunity to question Mr. Haun;
and that individuals wishing to testify may then do so.
In response to the Assistant City Attorney's inquiries, Steve
Davis, Chief Building Inspector, Public Works Department, City of
Alameda, stated that he has been the Chief Building Inspector for
approximately five years; that he is familiar with the property at
1310 Pacific; that he determined who the owner of said property was
through a review of County Tax Records; explained that the building
permit application signed by him was issued to Mr. Haun, owner of
property at 1310 Pacific; stated that the description on the permit
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September 5, 1995
296
states, "Repair building as required by Notice including sewer
repairs."; that at the time of issuance, attached to the building
permit application was a copy of the Notice to Abate; that to the
best of his knowledge, since date of issuance, there has been no
correction to the building under said permit; that he visited said
property on August 24, 1995, to determine if any work had been
completed; that on said date, it appeared to him that no progress
had been made; that the property was essentially in the same
condition it had been prior to the issuance of the permit; that on
August 28th he took photos of the property which are included in
the staff report; that three photographs are provided, one showing
a general overview of the property which depicts an accumulation of
debris on the property, tall weeds, badly dilapidated front
entrance stairs with boards missing, and several broken windows;
that the other two photos further show more detail of the property,
such as overgrowth and collection of debris along the driveway and
in the front of the building; and that in his opinion, the property
is in such dire need of repair that it should probably not be
considered a decent residence; that clearly the property needs
substantial repair; and that the property owner should be required
to comply with the ordered repair.
In response to the Assistant City Attorney's inquiry, Mayor
Appezzato stated that Council had no questions of Mr. Davis at this
time.
In response to the Assistant City Attorney's inquiry, Mr. Haun
stated that he had no questions of Mr. Davis.
In response to the Assistant City Attorney's inquiries, Ken
Stevens, Building Inspections Supervisor, Public Works Department,
City of Alameda, stated that he has been the Building Inspections
Supervisor for approximately one year and employed by the City for
ten; that he is familiar with the property at 1310 Pacific; that on
May 4, 1995, he posted the original Notice of Sanitary and Safety
Improvements which was made a part of the record; that as a result
of the posting, the weeds and debris were cleaned up somewhat, but
the weeds had grown back and subsequent debris had been stored
around the premise; that on February 8, 1995, at approximately
12:45 p.m, he attempted to inspect the property to determine if
there were any Health or Safety Code violations; that he found the
structure in extreme run-down condition; that the front entry
stairs were unsafe; that there were numerous boxes of debris and
garbage blocking the front porch; that looking through some
windows, he could see an excessive amount of debris stored inside
the house; that on February 8, 1995, he took five photos of the
property which are included in Council's packet; that the first
photo shows the front entry stairs which are very unsafe; that one
could walk on the stairs but really had to watch where one walked;
that many boards on the stairs were loose and missing; that the
second picture shows boxes of debris and garbage on the porch; that
Regular Meting, Alameda City Council
September 5, 1995
297
the third picture shows more debris at the entry; that remaining
two pictures were taken by looking through broken windows which
show how the interior of the building is stored with excessive
debris; that on April 26, 1995, he posted a copy of a 24-Hour
Notice and Request for Inspection; that as a result of said
posting, an inspection was made on May 2, 1995; that said
inspection resulted in the building being in violation of different
sections of the Alameda Building Code, Alameda Plumbing Code, and
the State Housing Laws: Alameda Building Code Section 203, Unsafe
Structures or Buildings, the front porch and stairs dilapidated and
unsafe; that the rear exit from the building had no porch and the
stairs were unsafe; Alameda Plumbing Code, Part 1-10.4(d), the
plumbing system was not properly maintained; that there was some
exterior plumbing at the right-rear side of the structure that was
leaking and water was running down the outside of the building,
which he could not determine at the time if it was water or sewage;
California Health and Safety Code, Section 17920.3(a)11, roof and
exterior wall coverings dilapidated and leak; that the windows were
broken; California Health and Safety Code, Section 17920.3(b)2,
front porch and stairs were dilapidated and unsafe, the rear stairs
were dilapidated and unsafe; California Health and Safety Code,
Sections 17920.3(g)2, (g)3, and (g)4, also makes reference to the
exterior wall coverings and roof coverings, and broken and missing
windows, and paint not being properly maintained which is going to
cause deterioration of the wood and structure; that California
Health and Safety Code, Section 17920.3(1), has to do with adequate
exits from the building and is in reference to the front- and rear-
entry stairs which are dilapidated and unsafe; that the Notice also
notes that the list of violations is not conclusive because of the
excessive amount of debris in and around the structure; that he
would recommend that after the structure is cleaned up, that the
City make another inspection to determine if any other violations
of various codes exist which currently cannot be determined due to
the structure's current state; that on June 8, 1995, he signed a
copy of the Notice and Order to Mr. Harold Leroy Haun; that the
violations notated on June 8, 1995, were similar to the ones found
on the May 2, 1995, inspection; that on August 1, 1995, he visited
the property, and observed no signs that the structure was being
worked on; that on August 10, 1995, he observed no signs that the
structure was being worked on; that on August 16, 1995, he observed
no signs that the structure was being worked on; that September 5,
1995, was the last date he inspected the property; that on said
date he observed Mr. Haun cleaning up the weeds and debris, and
working outside on the structure; that it appears that some of the
debris had been removed and the weeds cut down; that he observed no
signs that the building had been worked on; that the plumbing still
leaks at the rear corner of the building; and that in his opinion,
there has not been substantial progress in abating the various
problems at said property over the period of time he has been
working on said project.
Regular Meeiting, Alameda City Council
September 5, 1995
Mayor Appezzato stated that Council had no questions of Mr. Stevens
at this time.
In response to Mayor Appezzato's inquiry, Mr. Haun stated that he
had no questions of Mr. Stevens.
In response to the Assistant City Attorney's inquiries, Mike
Devlin, Fire Marshall, Fire Department, City of Alameda, stated
that he has been the Fire Marshall for three years; that the 1310
Pacific Avenue project first came to his attention when he became
Fire Marshall three years ago, although records indicate that
problems have existed since 1968; that on May 2, 1995, he
participated in an inspection of the property at 1310 Pacific
Avenue; that during said inspection of the exterior building, he
noticed a very high degree of growth and debris throughout all of
the building, front, rear, and all sides; that he observed a large
accumulation of rubbish on the front porch; that the exterior doors
to the front and rear were not accessible; that there were storage
of corrosives throughout the house; that batteries and a large
number of tires were stored outside; that all mentioned items fall
under the Uniform Fire Code; that on June 13, 1995, he signed a
Notice and Order to Mr. Harold Leroy Haun which set forth the
violations; that said violations consisted of the aforementioned;
that on July 17, 1995, he signed a Notice to Abate the Nuisance for
stated violations; that he has observed no progress on the property
whatsoever until today; that he visited said property earlier in
the day and for the first time observed Mr. Haun in front of his
home clearing some of the weeds; that some of the weeds have been
cleared from the front of his garage and an area in front of his
porch; that the entire property is covered with weeds; that the
back of house, especially, is overgrown with weeds; that very
little progress has been made and work was started at the last
minute; that not only does a substantial fire hazard exists, but a
major safety hazard to anyone living in the structure and to any
emergency staff that may be called to said structure to make some
type of a rescue; that no doubt the emergency staffs' lives would
be in as much danger; that every window on the property is broken
and glass is everywhere; and that he considers the property to be
very much a nuisance.
Mayor Appezzato stated that Council had no questions of Mr. Devlin
at this time.
In response to Mayor Appezzato's inquiry, Mr. Haun stated that he
had no questions of Mr. Devlin.
In response to the Assistant City Attorney's inquiries, Steven
McKinley, Assistant Fire Marshall, Fire Department, City of
Alameda, stated he has been the Assistant Fire Marshall for three
years; that he has been familiar with the project at 1310 Pacific
Avenue for 14 years; on April 26, 1995, he signed a 24-Hour Notice
Regular Meeting, Alameda City- Council
September 5, 1995
299 0
o
indicating that the City was going to get an inspection warrant on
said property; that the inspection was going to be based on the
outside presence of the building; that there was a number of weeds,
batteries and tires; that one could observe from the outside of the
building that there was possibly exits being blocked; that the
porch was covered with debris; that upon looking inside the
windows, it was observed that the staircase was totally covered
with combustible materials; that the interior rooms appeared to
have a large amount of combustible materials; that he was present
at the May 2, 1995, inspection; that he made an interior inspection
on May 2, 1995; that upon entering the structure, there was a
pathway approximately 12 to 16 inches that you could walk to the
upstairs; that upon reaching the top of the staircase, there was a
continuous pathway to the bedroom area and into the kitchen area;
that at no point was there more than 3 square feet of area that was
not covered at least by two to three feet of combustible materials;
that there was no way to make entry into any part of the downstairs
area at all; that he had to take pictures from the staircase while
leaning over same; that the downstairs area contained car
batteries, boxes, some furniture, trash and a large amount of
combustible materials up to three to four feet high throughout the
said area; that it appears that the photos taken of the interior
were ones taken by him, which shows the debris in the bedroom and
on the stairway; that Exhibit "M" consisted of color photos, six of
which were taken of the interior; that one photo shows a
refrigerator that is partially buried in the back on what would
appear to be a kitchen in the lower portion; that the interior of
1310 Pacific Avenue was an extreme fire hazard, especially with any
type of utility, or if a gas appliance was being utilized, or if
anyone was cooking, that a spark could cause a fire to run rapid;
that it would be a tough fire for firefighters to fight because of
all the debris; that in his opinion, 1310 Pacific Avenue is both a
life and safety hazard; that said hazards exist not only for Mr.
Haun but also for firefighters who may have to enter the building
to make a rescue and experience difficulty in climbing over the
trash and debris.
In response to Councilman Arnerich's inquiry, Mr. McKinley stated
that the refrigerator did have a door but it could not be opened
due to blockage from trash and debris; that from what he could
observe, said door was not the type that would self-lock; that said
refrigerator appeared to be a newer model with a magnetic lock; and
that if a child got inside the refrigerator, he/she could push said
door open.
In response to Councilman Arnerich's further inquiry, Mr. McKinley
stated that he was not positive the refrigerator door had a
magnetic lock due to having to observe the refrigerator from a
distance because of the debris and trash.
Regular Meeting, Alameda City Council
September 5, 1995
300
Councilman Arnerich expressed grave concern for any children who
may accidently lock themselves inside the refrigerator, which could
result in serious harm or death.
In response to Councilmember Lucas' inquiry, Mr. McKinley stated
that he believed the utilities were hooked up; and that he believed
Mr. Haun resided part-time in the home at 1310 Pacific Avenue.
In response to Councilmember Lucas' further inquiry, Mr. McKinley
stated that if Mr. Haun was currently residing at said property, it
would be difficult to disconnect the utilities, even if for safety
reasons; that it was possible to red tag the building and have the
utilities turned off; that in his opinion, turning off Mr. Haun's
utilities would slow the repair process down considerably, and that
the easiest way to handle the situation is to clean up the debris.
In response to Mayor Appezzato's inquiry, Mr. Haun stated that he
had no questions of Mr. McKinley, and that the refrigerator does
indeed have a magnetic door and would not accidently lock a person
inside.
Mayor Appezzato inquired if Mr. Haun desired to submit any evidence
or provide witnesses to speak on his behalf.
Harold Leroy Haun, Alameda, thanked the Mayor, Council, his
neighbors and citizens of Alameda; stated that if it was not for
the fact that he had pneumonia, the meeting would not be necessary
because he intends to clean up his property and get rid of the
debris; that his first objective is to take care of the fire
hazards; that the reason why he was cleaning up the front of
building because he wants it to look better as soon as possible for
his neighbors; that his neighbors have been very tolerant; that he
is embarrassed and ashamed; that a month ago he was given 30 days
to clean up said property, but caught pneumonia and could not
follow through; that he can do so at this time and requested a 30-
day extension, without abatement; that he is close to being in real
bad shape; that he has been cleaning up the front of the property
and getting rid of the debris; that removal of the debris from the
front of the property was necessary before he could attend to the
inside; that his aim is to stop the leak as soon as possible,
comply with the fire regulations as soon as possible, and then
start repairs; that he will repair the stairs in the near future so
they will be safe; that he is a good carpenter and knows what to
do; that it is just a matter of getting to all the repairs and
getting it done; and that he promises he will pursue compliance
everyday and get it done.
Mayor Appezzato inquired if Mr. Haun desired to submit any evidence
or provide witnesses to speak on his behalf?
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September 5, 1995
301
Mr. Haun stated that he had no witnesses to speak on his behalf.
In response to Mayor Appezzato's inquiry, the Council had no
questions for Mr. Haun at this time.
The follow persons addressed the Council in support of the
Resolution:
Nancy Guinther, Alameda
Darlene Simmons, Alameda
Kim Coyne, Alameda
Sebastian Baldassarre, Alameda
The following person addressed the Council in opposition to the
Resolution:
Shirley Cummins, Alameda
Neil Patrick Sweeney, Alameda.
Don Bergen, Alameda, discussed financing options, e.g. reverse
mortgages.
Councilman Arnerich stated that problems have existed at said
property for 25 years; that he does not believe Mr. Haun is capable
of making said repairs due to health and financial reasons; and
expressed grave concern for Mr. Haun's well-being, including that
of his neighbors.
In response to Vice Mayor Mannix's inquiry, Mr. Haun stated that he
resides at said property.
Mr. Peacock, Alameda, addressed the Council in opposition to the
Resolution and offered $5,000 as seed money to assist in the clean
up of Mr. Haun's property.
President Appezzato stated that he did not believe Council should
be involved in this type of financial consideration, and that Mr.
Peacock should speak directly with Mr. Haun.
In response to President Appezzato's inquiry, the Assistant City
Attorney stated that the City may be able to work something out for
Mr. Peacock to donate the money.
Mr. Haun stated that he has refused help in the past due to those
assisting wanting to remove everything from the premises; and that
due to his health condition, he would welcome assistance in repairs
and cleaning up of his property.
Councilman Arnerich expressed concern for delaying the immediate
repair and clean up of Mr. Haun's property and the possible
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September 5, 1995
2
consequences suffered by the City should something go wrong before
said property is abated.
In response to Councilman Arnerich's inquiry, the Assistant City
Attorney stated that under the proposed Resolution, the City has
given Mr. Haun 30 days to comply with the violation sections; that
if Mr. Haun does not act at that time, then City contractors will
go in for abatement; that the case has been evaluated and has
existed for a long time; and that 30 days more probably would not
increase the City's liability any more than it has in the past.
Vice Mayor Mannix stated that said matter was difficult due to the
human aspect; that it was probably due to Mr. Haun being such a
nice gentleman that this matter has been prolonged for so long;
that the records show that the City has tried to take action since
1968 without much being resolved; that Mr. Haun's good intentions
are not enough; and that it was time for the City Council to
resolve said matter.
Vice Mayor Mannix moved adoption of the Resolution. Councilmember
Lucas seconded the motion, which carried by unanimous voice vote -
5.
President Appezzato stated that he empathized with Mr. Haun's
situation; that said matter was an extreme health and safety issue
for not only Mr. Haun but his neighbors too; and that if Council
did not take action immediately and something drastic happened to
Mr. Haun or his neighbors, he and Council would regret not taking
appropriate action.
Council recessed at 9:26 p.m. and reconvened at 9:36 p.m.
(95-546) Public Hearing to consider Resolution No. 12686
"Approving an Amendment to Resolution 10831, City of Alameda EIR
Guidelines, Relating to the Circulations and Comment Period for a
Negative Declaration." Adopted.
President Appezzato opened the public portion of the public
hearing.
Due to no speakers, President Appezzato closed the public portion
of the public hearing.
Councilmember Lucas moved adoption of the Resolution.
Councilmember DeWitt seconded the motion, which carried by
unanimous voice vote - 5.
(95-547) Public Hearing to consider a report to the City
Council on Zoning Amendment ZA-95-3, City of Alameda, City-wide,
and Extending the Interim Ordinance for City-wide Moratorium on the
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September 5, 1995
30V
establishment of new convenience stores and liquor stores until
effective date of ordinance; and
Introduction of alternate Ordinance Amending the Alameda Municipal
Code by Amending Section 30-2 (Definitions), Section 30-12
(Additional Requirements for Bars and Packaged Liquor Stores),
Section 30-4.10 (C-M, Commercial Manufacturing District), Section
30-4.11 (M-1, Intermediate Industrial District) and Section 30-4.12
(M-2, General Industrial District), to Revise Definitions and
Regulations for Convenience Stores, Grocery Stores, and Liquor
Stores. Introduced.
President Appezzato opened the public portion of the public
hearing.
The following persons addressed the Council in support:
Thomas Jordan, Executive Director, Community of Harbor Bay Isle
The following persons addressed the Council in opposition:
Andrew McCormack, Alameda
Susan McCormack, Alameda
Don Roberts, Alameda.
President Appezzato closed the public portion of the public
hearing.
Councilmember DeWitt moved that the Interim Ordinance regarding
convenience stores and liquor stores be extended.
Councilmember DeWitt spoke in favor of separating liquor stores
from convenience stores.
Mayor Appezzato briefly reviewed staff's five recommendations.
Following said review and Council discuss, Councilmember DeWitt
withdrew his motion.
Councilmember Lucas concurred with Councilmember DeWitt's comments
separating liquor stores from convenience stores.
The Planning Director briefly reviewed the staff and supplemental
staff reports.
In response to Councilman Arnerich's inquiries, the Assistant City
Attorney stated that the public received sufficient notice
regarding the supplemental staff report; and that the subject was
noticed in accordance with the Brown Act,
Regular Meeting, Alameda City Council
September 5, 1995
304
Vice Mayor Mannix spoke in support of forming a task force, and
stated that a 60-day time period should be established.
Vice Mayor Mannix moved that the City Manager be directed to form
a task force for a 60-day period to discuss appropriate regulation
and definition for restaurants; with representation from the
business community, residents, the Economic Development Commission,
the Planning Board and a City Council member. Councilmember Lucas
seconded the motion, which carried by unanimous voice vote - 5.
Councilmember Lucas moved that the Interim Ordinance regarding
convenience stores and liquor stores be extended until such time as
the [Alternate] Ordinance is in full force and effect.
Councilmember DeWitt seconded the motion, which carried by
unanimous voice vote - 5.
Vice Mayor Mannix moved that the Interim Ordinance imposing a 45-
day moratorium for new restaurants citywide not be adopted.
Councilmember DeWitt seconded the motion.
With the consent of Councilmember DeWitt, Vice Mayor Mannix
withdrew said motion because it was unnecessary.
Councilman Arnerich moved that the report be issued describing the
steps taken to address the problems for which the moratorium was
adopted in compliance with State law (California Government Code
Section 65858 (d). Councilman DeWitt seconded the motion, which
carried by unanimous voice vote - 5.
Councilmember Lucas moved that the City Manager be authorized to
issue a report describing the steps taken to address the problems
for which the moratorium was adopted 10 days prior to the expiry of
the extended moratorium. Vice Mayor Mannix seconded the motion,
whichcarried by unanimous voice vote - 5.
The Planning Director briefly discussed the definition of liquor
store, various regulations, and separation requirements; and stated
that the proposed ordinance would require Use Permits for
convenience stores.
Councilmember Lucas moved introduction of the alternate Ordinance.
Councilmember DeWitt seconded the motion, which carried by
unanimous voice vote -5.
(95-548) Report from Golf Commission Chair recommending
Appointments of Two Members of the City Council to Serve as Ex-
Officio Members of the Golf Commission.
Ed Trevethan, Chair, Golf Commission, addressed the Council in
support of recommendation.
Regular Meeting, Alameda City Council
September 5, 1995
305
Cal Santare, Golf Commissioner, addressed the Council in support of
recommendation and that said recommendation was two -fold: to
provide the Commission leadership, and to assist with bureaucratic
challenges.
Linda Nelson, Acting Chair, League of Women Voters, addressed the
Council in opposition to the recommendation; stated that by
appointing Councilmembers as ex- officio members, Council would
appear to be providing special treatment and using influence; and
that Council is setting itself up for criticism by having ex-
officio members only on some bodies.
Following comments by Ms. Nelson, Mayor Appezzato stated that he
would like to Council to request the City Attorney to provide a
written legal opinion on whether the recommendation is appropriate,
and to hold the matter over for a report back.
Councilmember DeWitt stated that there are other committees
Councilmembers serve on; that he serves on the Airport Operations
Advisory Committee; that he believes Council serving on committees
has already been established; and that one ex- officio member would
be sufficient.
Councilmember Lucas stated that she would like the City Attorney to
address the League's concern regarding good government, and that
the matter be addressed in two weeks.
Vice Mayor Mannix stated that Councilmembers sit on a number of
committees, and he does not see the complication.
Councilmember Lucas commented that those committees do not report
to the City Council.
Vice Mayor Mannix responded that the Transportation Systems
Management Committee reports to Council.
Councilmember Lucas stated that staff can respond to that issue
too.
Councilman Arnerich stated that it [recommendation] is legal.
The Assistant City Attorney stated that she would like an
opportunity to review the issues.
Councilman Arnerich moved that Council accept the recommendation to
appoint two Councilmembers to serve as ex- officio members of the
Golf Commission.
Vice Mayor Mannix inquired if Councilman Arnerich would consider
one ex- officio member.
Acguiar Mectin €, Alanata City Coim■LI
September 5, 7'95
310
the City of Alameda agree to pay that incremental cost to be
entirely legitimate. However, in the interest of truly opening up
a new era of Alameda, Port of Oakland mutual trust and regional
cooperation, I have decided to eliminate any such guarantee for
obligation to pay the incremental cost as a condition to the
easement. In the future, if there is any action on this pipe
dredging, the Port will pick up the costs. I think you know I am
committed to being a good and cooperative neighbor to Alameda, and
I hope this action validates the Port's commitment. Clearly, it is
time for us to build a new and mutually profitable trust between
two closely connected neighbors. Mr. Mayor, many thanks for your
support and cooperation."
The motion carried by unanimous voice vote - 5.
(95 -554) Final Passage of Ordinance No. 2699 "Amending the
Alameda Municipal Code by Repealing Section 5 -29 (Parades), of
Chapter V (Licenses and Permits), Relating to Parade Permits, and
Adding a New Section 5 -29 Relating to Permits for Parades, Athletic
Events and Public Assemblies." Finally adopted.
Councilmember Lucas moved final passage of Ordinance.
Councilmember DeWitt seconded the motion, which carried by
unanimous voice vote - 5.
ORAL COMMUNICATIONS, NON - AGENDA (Public Comment)
(95 -555) Don Bergen, Alameda, stated that he would like Item
4 -E placed on the September 19th agenda, because his speaker slip
was not provided to the Council until action was taken on the
matter.
(95 -556) Earl Peacock, Alameda, Chair, Grass Roots Committee
for Fair Taxation, stated that the City should discontinue
negotiations with the County regarding responsibilities for the
Estuary bridges; that he would like to represent the City; and that
a brief may have to be filed with a federal judge.
President Appezzato stated that the Board of Supervisors will be
addressing the issues on September 12, 1995.
05 -557) Gary McAfee, Alameda, stated that he submitted a
letter to the City Council regarding his Base Reuse Application and
the Conversion Plan.
Mayor Appezzato stated that the City Manager will respond to his
letter.
(95 -558) Don Roberts, Alameda, stated that City staff should
be taking steps to increase the rent for Pacific Shops, Inc.
Regular Meeting, A5,,,4, City Council
Seriember 5, 595
3 1 1
(95-559) Neil Patrick Sweeney, Alameda, announced that there
will be a Town Meeting on Base Reuse next Saturday at the Naval Air
Station's Officers' Club.
(95-560) Shirley Cummins, Alameda, inquired why the leases for
1815 and 2033 Clement had expired.
Mayor Appezzato stated that negotiations are underway, with
Council's guidance, between staff and Pacific Shops, Inc.; and that
four votes are required to approve a lease.
(95-561) Gerhard Degemann, Alameda, stated that he would
appreciate the City installing its microphone in the Little
Theater.
(95-562) Susan McCormack, Alameda, stated that she would like
to recommend that Planning staff reside in Alameda.
Mayor Appezzato stated that the City Manager would respond to that
issue.
(95-563) Susan McCormack, Alameda, stated that the Historical
Advisory Board's fees for review of historic properties for
alternations are almost like a penalty for being placed on the
Board's nominations list; that banks lower loans to the value of
historic properties, and the City charges more; and inquired
whether any discussion has taken place on implementing the Mills
Act Agreement.
Mayor Appezzato advised Ms. McCormack to put her comments in
writing for the Historical Advisory Board to address.
COUNCIL COMMUNICATIONS (Communications from Council)
_ (95-564) Consideration of Mayor's nomination for appointment
to the Golf Commission.
President Appezzato nominated Ed Trevethan for reappointment to the
Golf Commission.
ADJOURNMENT
(95-565) President Appezzato adjourned the Council Meeting at
11:35 p.m. in honor [memory] of Stanley Seagren, a lifelong Alameda
Regular ?denting, Alameda City Council
September 5, 1995
312
resident, graduate of Alameda High School, and well known for his
contributions to the City and community affairs.
Respectfully submitted,
ra
D ANE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted in advance in accordance
with the Brown Act.
Regular Meeting, Alameda City Council
September 5, 1995