1994-08-02 Regular CC MinutesMINUTES OF THE IEGULAR „MEETIN9 OF THE ALAMEDA CITY COUNCIL
AUGUST 2. 1994
The meeting convened at 7:35 p.m., with President Withrow
presiding. The Pledge of Allegiance was taken. Reverend Don
Taylor, Central Baptist Church, gave the invocation.
ROLL CALL - Present: Councilmembers Appezzato, Arnerich,
Lucas, Roth and President Withrow - 5.
Absent: None.
PROCLAMATIONS AND SPECIAL ORDEpS OF THE DAY,
94-423 Presentation of Certificate of Service to Marie Gilmore,
former Member of the Recreation Commission.
Mayor Withrow presented the certificate to Ms. Gilmore.
CONSENT CALENDAR
President Withrow announced that reports 94-431 regarding
Longfellow Park, 94-432 concerning Citizen Participation Plan, and
resolution 94-433 regarding sublease agreement have been removed
from Consent Calendar at the request of the public for discussion.
Councilman Arnerich moved acceptance of the remainder of the
Consent Calendar. Councilmember Lucas seconded the motion which
carried by unanimous voice vote - 5.
Items so enacted are indicated by an asterisk.
*94-424 Minutes of the Regular Council Meeting of July 19, 1994,
and Special Council Meetings of July 13 and July 19, 1994.
Approved.
*94-425 Report from Public Works Director recommending Award of
Contract to McGuire & Hester for Repair and Resurfacing of Certain
Streets, Phase 16, No. P.W. 05-94-09. Accepted.
*94-426 Report from Public Works Director recommending Rejection
of All Bids for Minor Street Patching with Asphalt Concrete for
Fiscal Year Ending June 30, 1995, No. P.W. 04-94-07, and
Authorization to Revise Plans and Specifications and to Rebid
Project. Accepted.
*94-427 Resolution No. 12559 "Calling for a General Municipal
Election to be Consolidated with the Statewide General Election, to
be Held in the City of Alameda on Tuesday, November 8, 1994."
Adopted.
Regular Meeting, Alameda City Council
August 2, 1994
*94-428 Resolution No. 12560 "Requesting the Alameda County
Board of Supervisors to Permit the County Clerk to Render Specified
Services to the City Relating to the Conduct of the General
Municipal Election, November 8, 1994." Adopted.
*94-429 Written Communication from Richard A. Lang, Mayor of
Modesto, requesting support for SB 302 (Graffiti Abatement).
Accepted.
*94-430 Bills, certified by the City Manager to be true and
correct were ratified in the sum of $1,172,287.18.
94-431 Report from Public Works Director recommending Award of
Contract for the Construction of ADA/Title 24 Accessibility
Standards at Longfellow Park, No. P.W. 03-94-04. [Buestad
Construction, Inc.]
Don Bergen, Alameda, stated that he does not believe the park needs
a $400,000. face lift, and that the country is in deep debt.
Councilman Arnerich explained that federal project funds will cover
costs; if the City did not accept the funding, those funds would go
to other cities' projects.
Vice Mayor Roth moved adoption. Councilmember Lucas seconded the
motion which carried by unanimous voice vote - 5.
94-432 Report from Community Development Director Recommending
Technical Amendments to include Section 108 in the Citizen
Participation Plan.
Don Bergen, Alameda, stated that he objects to the use of
taxpayers' money, to which the City Manager explained it [Section
108] is a loan program, not a grant program.
Councilmember Lucas moved approval. Councilman Arnerich seconded
the motion which carried by unanimous voice vote - 5.
94-433 Resolution No. 12561 "Authorizing Sublease Agreement
Renewal with Bank of America National Trust and Savings for the
Waste Management and Recycling Program Offices at 2411 Santa Clara
Avenue, Alameda, California." Adopted.
Don Bergen, Alameda, discussed the need to establish an enforcement
strategy concerning recycling program, to which the City Manager
pointed out that the issue is not on the agenda for Council
discussion.
Councilman Arnerich commented the issue is an extension of a lease
at favorable rates and moved acceptance [of recommendation to "by
resolution," authorize lease agreement renewal]. Vice Mayor Roth
Regular Meeting, Alameda City Council
August 2, 1994
seconded the motion which carried by unanimous voice vote - 5.
AGENDA ITEMS
Actions Related to Base Conversion Process.
94-434 Status Briefing on Base Conversion Process.
Mayor Withrow stated Project Manager will provide status briefing
at the next Alameda Reuse and Redevelopment Authority meeting.
Neil Patrick Sweeney, Alameda, commented on locating UC Research
Hospital Expansion Program at the Navy Base site.
Albert DeWitt, Alameda, stated that there has been a failure to
hire any NAS employees, residents, or local businesses to share in
the conversion effort.
Bonnie Moore, Alameda, thanked Mayor Withrow for interceding in a
tragic-ending matter on the base; stated it is obvious there are
problems with base closure and [Naval] Station personnel, and
requested a Congressional inquiry demanding the Base to issue
[information on] what they are doing for employees, funding needed;
and if base closure date has been moved up, then all employees are
eligible to be placed on priority placement list.
Mayor Withrow responded that he will contact Captain Dodge,
Commanding Office, about a formal dialogue in terms of briefings;
however, if information is not to be released, a Congressional
intercession is appropriate; and noted that base closure has been
accelerated by about 6 months.
Mayor Withrow stated that he received a draft document at 5:00 p.m.
going to Dr. Robert Bayer, Deputy Assistant Secretary of Defense,
Office of the Assistant Secretary of Defense for Economic Security
at the Pentagon; it addresses rules and regulations for the
implementation of the policy set forth in the Pryor Amendment; he
has been requested to sign the document by tomorrow, 10:00 a.m.,
and will be a signatory along with Mayor Jordan [of San Francisco]
and Mayor Intintoli, Jr. of Vallejo; and copies will be provided to
the City Council.
Vice Mayor Roth reported that the Navy has announced that the two
carriers from Alameda will be transferred to Bremerton and Everett,
Washington.
* * *
President Withrow announced that ordinance 94- concerning Grant
of Easement has been pulled from the agenda.
* * *
94-435 Public Hearing to consider Resolution No. 12562
"Approving Engineer's Report, Confirming Diagram and Assessment,
Regular Meeting, Alameda City Council
August 2, 1994
Annexing Five Additional Parcels in Zone 5, and Ordering Levy of
Assessments, Island City Landscaping and Lighting District 84-2."
Adopted.
Don Bergen, Alameda, requested an explanation concerning the
matter, including e.g., what is annexing, are we going to own it;
why will it cost the City $130,000.
The City Manager stated the Island Landscaping and Lighting
District is an Assessment District set up by City Council at the
request, and by the petition, of adjacent property owners to
provide a higher level of benefit in landscaping or lighting than
would normally be provided by the City; in this case five parcels
in Harbor Bay Business Park are being annexed into the District;
for the extension of Harbor Bay Parkway to the parking lot of the
Ferry Terminal, additional landscape will need to be maintained and
will be at the expense of adjacent property owners which are the
lots being annexed into the District; and no City cost is involved.
Vice Mayor Roth moved adoption. Councilmember Lucas seconded the
motion which carried by unanimous voice vote - 5.
94-436 Report from Fire Chief regarding Emergency/Disaster
Citizen Alert and Notification.
Gerhard Degemann, Alameda, requested the Fire Chief to address the
matter so citizens can be informed.
The Fire Chief stated in the aftermath of the April 14th fires, a
critique of all department emergency operations was made to
identify things that went well and improvements needed; identified
the need for improved alerting systems for citizens; explained
possibilities; noted that technology is changing quickly, new
systems are on the market and further evaluation will be done.
Responding to Councilmember Lucas on the "Community Alert Network"
[CAN] system, the Fire Chief addressed cost summarized on Page 4 of
staff report dated June 14, 1994.
In response to Councilman Arnerich, the Fire Chief stated the CAN
system would not preempt the Emergency Operations Center located at
the Police Station.
Councilman Arnerich stated he would like televised messages from a
Command Chair at City Hall, advising the public on what is
happening throughout the City and what damaged areas to avoid; and
he is also concerned that temporary shelters be available for
citizens whose homes are destroyed.
Vice Mayor Roth noted he prefers a CAN system to a siren which does
not provide information; he would prefer our own CAN system to
Regular Meeting, Alameda City Council
August 2, 1994
provide computerized telephone dialing and messages, and be less
costly on a yearly basis; and City still needs to consider portable
megaphones on moving vehicles.
The Fire Chief further commented on the CAN system and on new
technological system expected to be more efficient and less
expensive.
Vice Mayor Roth moved adoption. Councilmember Lucas seconded the
motion which carried by unanimous voice vote - 5.
94-437 Report from Fire Chief regarding the California Public
Utilities Commission's Investigation into the Alameda Gas Incident
of April 13-15, 1994.
Don Bergen, Alameda, stated whoever was to blame for the gas
incident, it was accidental; PG&E did excellent job fixing problem
quickly; the City, if it owned the lines, could not have done it.
Councilmember Appezzato stated he will not support further
investigation; mistakes were made; PG&E acknowledged them and
should be commended for their response; and moved acceptance of the
recommendation.
Councilmember Lucas stated the PUC was critical of policies and
procedures of PG&E; the low pressure system in Alameda has not been
addressed appropriately by PG&E; and she would like staff to
provide bi-annual reports on monitoring [PG&E's] solution to the
problem.
President Withrow noted specific items, e.g., system monitoring,
shutting in a low pressure system, in which appropriate procedures
were not followed; stated in cold weather with furnaces on
throughout the City, such an incident could be disastrous; PG&E did
a fine job putting the City back in order and expediting claims but
we must take prudent action to ensure this does not happen again.
Vice Mayor Roth stated the City should have a systems map available
to the Fire Department.
President Withrow suggested that periodic simulations of breakdowns
occur regularly.
Councilman Arnerich stated the Fire Department should monitor the
situation; this [incident] was a mistake but cities cannot afford
such mistakes; and moved acceptance of the recommendation ["that
the City stop its efforts to obtain a private consultant's report
on this matter;" and "that the Fire Department be directed to
follow-up and monitor PG&E's efforts to comply with those
recommendations outlined within the Commission's report, to ensure
that they are accomplished."] Vice Mayor Roth seconded the motion.
Regular Meeting, Alameda City Council
August 2, 1994
Councilmember Lucas requested an amendment to the motion that
Council ask the staff to give a followup report on progress that is
necessary to our system, and that they do it every six months.
Councilman Arnerich and Vice Mayor Roth so amended the motion which
carried by unanimous voice vote - 5.
94-438 Report from Public Works Director recommending acceptance
of the work by USA Catamarans, Inc. for East End Ferry Vessel
(Harbor Bay Express II Alameda), Contract No. 93-01.
Paul Bishop, General Manager, Harbor Bay Maritime [HBM], stated HBM
carries 40% of total Alameda ferry ridership; two priorities when
he came were 1) a second vessel to give service reliability, and 2)
to extend service beyond the 3-year commitment the developer made;
acceptance of the ferry would extend the service requirement 2.5
years; noted that it was the best vessel they could find for the
$1,100,000 available in the State Proposition 116 funds; it reduces
fuel consumption by one-third, reduces trip time, passenger counts
are up 21% since the vessel has been used; and requested Council
accept the vessel, and noted that it is a public service.
Linda Calhoun, Alameda, stated she hopes Council keeps the ferry in
service; the ferry is safe, comfortable, and gets her to work
faster.
Janet Mitchell, Alameda, stated East End ferry gets her home
earlier, minimizing daycare cost; is comfortable, her car was
broken into at BART; and she wants Council to keep the ferry.
Gabriel Street, Alameda, stated he is in favor of acceptance of new
vessel.
Bruce McGregor, Alameda, stated he likes riding the ferry, a second
boat is needed but the new vessel bounces in minimum waves; the
West End service has a beautiful boat; he urges Council to treat
the East Enders as well as the West Enders and provide a quality
boat.
Jesus Romero, Alameda, stated he likes the new boat, finds the
ferry convenient; if ferry service is lost, he may move rather than
going back to BART or AC Transit.
Don Bergen, Alameda, inquired about the total number of passengers
the ferry boat carries. The Public Works Director replied 350 to
400 passengers per day.
W. Graham Claytor, Alameda, stated the ferry is supported by
Traffic Improvement Fund; residents have something to gain because
City dollars will not be spent, Harbor Bay will operate it for the
next three years, and the boat is faster.
Regular Meeting, Alameda City Council
August 2, 1994
Gerhard Degemann, Alameda, stated a second ferry is needed.
Councilmember Lucas stated she does not like the [new] ferry, finds
it vibrates too much; she prefers the West End ferry; noted Staff
report [dated 7/27/94] states if Council does not accept the ferry,
it would limit HBM's obligation to provide ferry service for an
additional 2.5-year period.
The City Manager stated HBM's Agreement was for three years, will
expire March, 1995, and they will cease ferry service at that time;
however, they signed an Agreement stating if City purchases the
vessel, HBM will extend service an additional 2.5 years.
Councilmember Lucas stated that City does we do not have the option
of looking for another ferry because it could not obtain vessel in
time for HBM to continue.
The City Manager replied the State grant for the purchase spells
out the need for faster service, more fuel efficiency, and
reduction in cost, and this is the only ferry that asked for sole
source authority and could fulfill requirements of the grant.
Vice Mayor Roth moved acceptance of the boat. Councilman Arnerich
seconded the motion.
Councilmember Appezzato commended the crew of the Harbor Bay ferry
for their professionalism; he would like to give them a better
ferry boat to match their professionalism, believes the boat leaves
a lot to be desired, will vote for it because it meets the
specifications.
The motion carried by unanimous voice vote - 5.
94-439 Resolution No. 12563 "Approving Operation and
Maintenance Agreement for Harbor Bay Lagoons."
Councilmember Lucas moved approval of the recommendation [that
Council "by resolution," approve the Agreement and authorize the
City Manager to execute the Agreement and any other necessary
ancillary documents]. Councilmember Appezzato seconded the motion
which carried by unanimous voice vote - 5.
94-440 Written Communication from Harold and Carol Stone,
Alameda, requesting Council ban ownership and breeding of pit bull
terriers in Alameda.
Carol Stone, Alameda, stated she hopes Council will ban pit bulls
from Alameda; pit bulls remove freedom from others who have more
vulnerable less-savage pets; the dangerous-dog law is not enforced
except during the working day and irresponsible owners let them
roam during the night; also the law is effective only after a dog
Regular Mi
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August 2, 1994
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acts vicious and is not a preventive measure; some Supreme Courts
have upheld local ordinances restricting pit bulls and the U.S.
Supreme Court has refused to disturb these decisions.
Ralph Yandell, Alameda, stated vicious dogs are not of one breed;
a dog fight or one that involves a person deserves a police
response; he thinks the City is remiss in not taking timely action,
and the police are remiss in leaving the matter with the Animal
Shelter.
Karolyn Lount stated perhaps now is the time to put a moratorium on
breeding cats and dogs; she blames dog owners, as she knows many
pit bulls that are gentle.
William Thur, Alameda, stated he has a golden retriever which was
attacked by an unleashed pit bull; it's owner stated he could not
control the dog; he urges banning pit bulls in Alameda; his
daughters and their dog are not safe on the streets; noted this
meeting is a matter of record and if nothing is done, and a pit
bull attacks a small child, the potential for lawsuits.
At the request of President Withrow, the City Manager explained the
leash law, and the dangerous animal ordinance; and stated any
neighbor intimidated by a dog can telephone the Police Department,
and the City will take action.
The Police Chief stated complaints received are given to Animal
Control personnel; a series of three separate incidents make it a
potential dangerous animal; at that time the owner is given certain
criteria which he or she has to follow with regard to the
maintenance of that animal; he does not have particulars on the
case mentioned [by Mr. Thur] but will look into it.
Councilmember Lucas queried if, before the pit bull killed Mrs.
Stone's dog, there was evidence the pit bull was dangerous.
The Police Chief responded at that time, there was not; however,
under the investigation which followed, other neighbors
substantiated that the dog had been off-leash and threatening
persons in the neighborhood; before that, the Animal Control had no
official documentation on the two animals.
Councilman Arnerich stated Council must take a hard look at this
[issue] and protect the citizens.
John S. Graham, Alameda, stated he does not want to see a breed of
dogs destroyed because of a few individuals; and addressed the
issue of training animals.
Councilmember Appezzato stated, if constitutional, he and many
others would probably be sure pit bulls would never run free;
Regular Meeting, Alameda City Council
August 2, 1994
commented on owners' responsibility; and stated hopefully the
Police Chief will take action on the dogs reported.
In response to Councilman Arnerich, Mr. Thur replied a report was
made the same evening [of the incident], and a report was made by
a neighbor on a similar occurrence; and, upon follow-up calls to
the Animal Shelter, there was an indication that if one more report
came in, something would be done.
Councilman Arnerich requested a staff report on what is done with
a citizen's complaint and the follow-up.
Vice Mayor Roth stated City can more actively enforce the leash
law, research the Supreme Court changes, and perhaps the City could
eliminate breeding.
Councilmember Lucas requested a current legal opinion.
The Assistant City Attorney stated that the lower courts are
overturning breed-specific dog ordinances; it may be possible to
draft one that would pass constitutional muster; but is not
currently an easy thing to do.
Councilman Arnerich stated pit bulls concern him, he does not want
to wait until someone is seriously injured or killed; and to look
at recent court decisions is a good idea.
Vice Mayor Roth stated perhaps more elaboration on animal control
could be included in report together with effect of budget cuts on
enforcement; and inquired if a motion could be made to table the
matter.
Councilman Arnerich stated he would, and suggested getting opinion
of a dog expert.
President Withrow stated lions and tigers can be trained to be
domesticated but we do not allow them in our City; pit bulls can be
mellowed out but the potential is there; and he would support
tabling.
Councilman Arnerich moved to table. Vice Mayor Roth seconded the
motion.
Councilmember Appezzato stated he would like a report on a dog run.
The motion was carried by unanimous voice vote - 5.
94-441 Written Communication from Ray Moser, Alameda, requesting
Council rezone the lot on Otis Drive vacated by a Chevron Station,
to accommodate office, medical, dental, attorney or, preferably,
residential usage.
Regular Meeting, Alamedi City Council
August 2, 1994
Mr. Moser stated he would like to maintain residential nature of
the neighborhood but also allow some flexibility by allowing e.g.,
professional office building use, or convalescent home, but remove
commercial nature of property; agrees with Planning Director's
recommendation.
Councilmember Appezzato stated he agrees with Mr. Moser and will
support the recommendation.
Vice Mayor Roth moved the recommendation [to consider this General
Plan Amendment and rezoning in the context of the Development Code
Revision rather than as a separate project]. Councilman Arnerich
seconded the motion which carried by unanimous voice vote - 5.
* * *
Council recessed at 9:45 p.m., and reconvened at 9:52 p.m.
* * *
94-442 Written Communication from C.R. Weaver, Alameda,
concerning City's Street Tree Planting Program.
Don Bergen, Alameda, stated if the Weavers do not want a tree in
front of their house, they should not be required to have it.
Councilmember Appezzato stated he supports the Tree Planting
Program; believes the City Manager should be the final arbitrator
of those rare instances where planting a tree may not be in the
best interests of the City and/or the person whose home is
affected; and in certain exceptions he should bring it to Council
if he believes he should do so; and so moved.
Councilmember Lucas seconded the motion which carried by unanimous
voice vote - 5.
94-443 Written Communication from Mayor Campbell, City of San
Juan Capistrano, requesting the City Council to send a strong
letter urging legislators to enact "tough on crime" bills
immediately, and a Resolution to the Chair of the four most
critical committees.
Councilman Arnerich inquired if the staff paperwork could be
narrowed down to a minimum.
The City Manager replied a copy can be sent to the Judiciary
Committee and perhaps to our representatives, Senator Petris and
Assemblywoman Lee.
The Police Chief stated he met Mayor Collene Campbell and she is
committed to these Bills; the Alameda Police Chiefs and Sheriffs',
California Police Chiefs, and the California Police Officers'
Associations have reviewed and approved the proposed Bills; and he
recommends Council adopt recommendation similar to that of the City
of San Juan Capistrano.
Regular Meeting, Alameda City Council
August 2, 1994
Vice Mayor Roth pointed out that Council has a partial list and
inquired if the Chief has had opportunity to review others as well.
The Police Chief stated the ones listed have been specifically
approved and he does not have the other partial list.
Councilmember Appezzato moved to follow the [San Juan Capistrano]
resolution. Councilman Arnerich seconded the motion which carried
by unanimous voice vote - 5.
94-444 Discussion of Mayor Withrow's Ad Hoc Committee for the
College of Alameda. (Councilmember Appezzato)
Don Roberts, Alameda, stated he has no problem with the study or
appointees but sees nothing in Charter or ordinances to establish
Ad Hoc Committee and would like to know what the authority is.
John S. Graham, Alameda, stated if the College of Alameda is
discussed, he believes the College should have more counselors.
Diane Coler-Dark, Alameda, stated she agrees with Don Roberts, and
made reference to Roberts's Rules of Order.
President Withrow stated the Committee was established as an ad hoc
selective one-issue advisory group to the Mayor, is not a City nor
Council Committee, has no authority, nor power, nor is accountable
to anyone but himself; was put together under the counsel of the
City Attorney; and any Councilmember can put together an advisory
group for themselves.
President Withrow explained that the Committee will study the
feasibility, practicality and potential for pursuing a change in
the status of the College of Alameda; his intent, following
completion of the review, is to bring the matter to Council for
action if the study warrants investigation in some official form;
information will be shared with the Alameda Unified School District
Board of Trustees. He named the Committee members; he has
contacted the Office of the Chancellor of Chabot School District to
acquaint District with the study and that Chabot could come up in
that context.
Vice Mayor Roth commended President Withrow; all on Council have
had citizens study things and give input, advisory groups, and it
is not unusual; he does not want Council to have a City committee
study anything because City cannot afford it; this way [ad hoc
committee] does not cost anything.
Councilmember Appezzato stated he agendized this matter; it is a
monumental undertaking; and early on, citizens need to have some
idea of what the undertaking may be; and he would like to give the
Committee some questions and concerns to consider; and would like
Regular Meeting, Alameda City Council
August 2, 1994
to call Marie Smith, President, College of Alameda, to come to the
podium.
In response to Councilmember Appezzato, President Smith responded
that there are no formal communications on annexing the College;
that the College, as a college community, has not discussed the
matter; that she cannot speak for the Peralta Community College
District and COA has not taken a position on annexing at this time.
President Smith further responded that the COA technically cost
more than they bring into the District; and, 30% of the COA
population comes from Alameda; however, of Alamedans who come to
the Peralta District, 60% attend Alameda.
Councilman Arnerich commented that the Mayor did have a right to an
Ad Hoc Committee; inquired if Ms. Smith believed the actions of the
people [faculty] who saw the Mayor, were appropriate.
Ms. Smith replied some individuals in the College are very
concerned about the future of the College District; they are
looking for all available remedies; she understands why they came;
she wished that discussion, as a college community, had happened
first, as she would then be in a better position to discuss what
the College's opinion is.
Councilmember Appezzato noted various issues the Committee should
consider such as impact on students, loss of variety, ability of
City to support enrollment of a College; possible legal and ballot
Initiative costs; financing of possible acquisition of land and
buildings; suggested consideration of regional aspect; and stated
that he will take a position when he begins to receive answers to
questions.
President Withrow thanked Councilmember Appezzato and stated he
finds the Committee very positive in their approach.
Councilman Arnerich stated he appreciated Councilmember Appezzato's
questions, and they should be transmitted to the Committee.
Vice Mayor Roth stated he would like to know how much money the
City of Alameda taxpayers pay to the Peralta Community College
District and what we get in return.
President Withrow stated that is one of the questions.
Councilmember Lucas stated she appreciates that each Councilmember
can appoint ad hoc committees; she is not going to be satisfied by
a response that comes from any ad hoc committee that any
Councilmember appoints; those questions will need to be answered by
professionals ultimately, and she will look to City staff to
respond to them; and she appreciates the efforts put into making
Regular Meeting, Alameda City Council
August 2, 1994
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some preliminary investigations.
President Withrow agreed, and stated the Committee has no
authority, power, nor jurisdiction and is nothing more than an
advisory group.
94-445a Ordinance No. , N.S. "Amending the Alameda Municipal
Code by Repealing Subsection 2-1.7 (Rules of Order) of Section 2-1
(The City Council), Article I (The City Council and Meetings of the
City Council) of Chapter II (Administration), and Replacing with
New Section 2-1.7 Establishing Rules of Order by City Council
Resolution." Not introduced. [See 94-445b for Council action.]
94-445b Resolution No. "Establishing the Rules of Order
Governing the Proceedings and Order of Business of City Council
Meetings and Repealing Resolution No. 12120 Establishing Time
Limits for Public Discussion at City Council Meetings." (Vice Mayor
Roth) Not adopted.
Gerhard Degemann, Alameda, stated he is against this ordinance if
Council tries to downsize the 3-minute speaking time currently
allowed, or if the public cannot speak on agenda items as in the
past.
Diane Coler-Dark, Alameda, stated she has a problem with the
portion of the resolution that states no one can speak on a subject
or issue more than one time in two months; and addressed other
concerns regarding the resolution.
Don Roberts, Alameda, stated he understands the major change is
that no speaker may address Council during oral communications,
non-agenda, more than one time in a two-month period on the same
issue; he does not think it appropriate to deny people the right to
make an oral communication to Council; and addressed the three-
minute rule for Councilmembers.
Vice Mayor Roth stated Mr. Roberts is correct that the only change
is that no speaker can keep repeating themselves under Oral
Communications; the three-minute rule for Councilmembers has never
been enforced; he thinks one thing to consider is making it
unnecessary to extend meetings from 11:00 p.m. to 12:00 a.m.
* * *
Vice Mayor Roth moved to extend the meeting to 12:00 p.m.
Councilman Arnerich seconded the motion which carried by unanimous
voice vote - 5.
* * *
Councilman Arnerich stated the 3-minute rule should be enforced,
and should be consistent; he is also concerned about limiting any
speaker at any time to one appearance [in two-month period], and
cannot support item Section 1.c.
Regular Meeting, Alameda City Council
August 2, 1994
Councilmember Lucas agreed, and stated that speakers are limited to
three minutes and she is willing to listen if they want to come to
every Council meeting.
Councilmember Appezzato concurred; stated he cannot support Section
1.c. and he would like more time to study; under the three-minute
rule, he would like Council to consider the possibility of any
Councilmember, when the three minutes have expired, to request
waiver of the rule if comments of speaker are important, germaine
to the issue; and is also concerned about the three-minute rule for
Councilmembers; and stated those three issues are very important.
President Withrow stated he concurs; commented all these items are
current law; when a change in legislation is made, it should be
marked by e.g., italics, circle, underline; as Chair, he has never
curbed or constrained the time of a Councilmember; he believes
that, as public elected officials, members of the Council should be
allowed to articulate themselves; the one difficult issue from the
standpoint of subjectivity is determining who the spokesperson is
for the 15-minute [time allowance].
Councilman Arnerich stated he does not think Council should be
hampered by a 3-minute limitation; the 3-minute limitation for
speakers should be enforced; and he would like to review this and
perhaps have it come back.
Councilmember Appezzato moved the City Attorney make changes on the
basis of Councilmembers' remarks and bring back for discussion.
Councilman Arnerich seconded the motion which carried by unanimous
voice vote - 5.
94-446 Final Passage of Ordinance authorizing Grant of Easement
to Central & Park Associates and Approval of Agreement Between the
City and Central & Park Associates to Allow the Installation of a
Door in the Building Located at 2314 Central Avenue. [Removed from
agenda.]
94-447 Ordinance No. 2673, N.S. "Amending the Alameda Municipal
Code by Repealing Subsection 2-62 (Purchasing; Local Preference
Policy) of Article V (Administrative Procedures and Policies),
Chapter II (Administration), and Adding a New Subsection 2-62
(Purchasing; Local Preference Policy) Establishing Preference for
Local Businesses in the Purchase of Materials and Supplies and in
the Award of Personal Service Contracts for Labor."
Vice Mayor Roth moved adoption. Councilman Arnerich seconded the
motion which carried by unanimous voice vote - 5.
ORAL COMMUNICATIONS, NON-AGENDA
94-448 Neil P. Sweeney, Alameda, invited persons to attend Park
Regular Meeting, Alameda City Council
August 2, 1994
Street Art & Wine Faire, August 6-7, and visit Base Reuse Advisory
Group booth.
94-449 Don Bergen, Alameda, addressed newspaper article
concerning Mayor Withrow's and Councilmember Appezzato's opposing
views on the matter of attempting to bring a UCSF research
laboratory to Bay Farm Island.
94-450 Don Roberts, Alameda, commented on the ordinance pulled
from the agenda regarding Grant of Easement at 2314 Central Avenue;
wonders what liability the City is exposed to due to the
installation of the door prior to signing of the agreement.
94-451 Herb Severns, Alameda, read a list of Annual Bay Area
Senior Games activities and stated they do not get the publicity
they should.
COUNCIL COMMUNICATIONS
94-452 Consideration of designating a Voting Delegate to League
of California Cities Conference, October 23-25, Long Beach.
(Councilmember Lucas)
Councilmember Lucas stated she wants Council guidelines because
there are expenses involved.
Councilman Arnerich stated Council has been very prudent, has spent
very little, and Councilmember Lucas should be allowed to attend;
that she be a voting delegate; and so moved.
Vice Mayor Roth seconded the motion which carried by unanimous
voice vote - 5.
94-453 Councilman Arnerich stated he understands a great amount
of appliances damaged due to the PG&E fire, were placed on the
curbs for pickup; and he would like the City Manager to look at the
tonnage amount of the appliances and see if PG&E will reimburse the
cost.
94-454 Councilmember Lucas stated HUD is investigating her for
speaking out about Sentinel Fair Housing when Council approved the
budget on April 19, 1994, and is threatening fines up to $100,000
and an injunction whereby, presumably, they will tell her how to
vote; she has hired an independent research attorney and has given
Council his Opinion, a draft of a letter dated August 5th to HUD;
addressed rights of Councilmembers; and further stated that she
found the City's response inadequate, and believes the City has a
conflict of interest because they must work closely with HUD.
94-455 Councilmember Appezzato stated he received letters today,
which he will give to the City Manager to distribute, from Frank
Regular Meeting, Alameda City Council
August 2, 1994
McCormick, Senior Citizens, Inc., of Alameda, and Allen Derr,
President, Mastick Senior Center; both letters concerned proposed
loss of County grant funding for Mastick Senior Center for 1994-95
in the sum of $19,000; he would like Council to address the issue
at the next City Council Meeting; his intent is to request Alameda
County Board of Supervisors to return the money to the Center, or
Council look at a way to replace that money.
94-456 Mayor Withrow requested City Manager develop a resolution
recognizing and commending various City baseball teams, from the
lowest age groups through the Merchant Leagues, for
accomplishments; bring it back at the next Council Meeting; and see
if we can communicate with the leading officials of each of the
leagues and participants that have been a key to their success so
that they may attend.
ADJOURNMENT
President Withrow adjourned the meeting at 11:19 p.m.
Re ectfully submitted,
Cuz-C •
DI E B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance.
Regular Meeting, Alameda City Council
August 2, 1994