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1999-10-05 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -OCTOBER 5, 1999- -7:30 P.M. Mayor Appezzato convened the Regular Meeting at 8:13 p.m.. ROLL CALL - Present: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato. Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (99-492) Proclamation declaring October 15, 1999 as Mammography Day". Mayor Appezzato presented the Proclamation to Carol Simms, the Breast Health Team for the East Bay Metro Unit of the Cancer Society. CONSENT CALENDAR "National Chair of American Mayor Appezzato announced that the recommendation regarding State Grants for Ferry Vessel Purchase [paragraph no. 99-494] was removed from the Consent Calendar for discussion. Councilmember DeWitt moved approval of the remainder of the Consent Calendar. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*99-493) Minutes of the Special City Council Meetings held on September 9, 1999, September 17, 1999, and September 21, 1999, and the Regular City Council Meeting held on September 21, 1999. Approved. (99-494) Recommendation to approve Application for State Grants in the amount of $4.75 Million for Alameda Oakland Ferry Service Vessel Purchase. Councilmember Kerr inquired how the purchase of a new catamaran [vessel] can replace two monohuls [vessels]; further questioned the impetus of acquiring new vessel since Blue & Gold provides two Regular Meeting Alameda City Council October 5, 1999 vessels to supplement the Encinal during commute hours; stated the City is not free to use funding for anything other than ferry service; when the City wanted to get rid of the Express II, the State stated money would have to be returned if the City stopped using and working on the vessel; inquired what the City would gain which Blue & Gold does not provide currently. The Public Works Director responded the City would be provided greater flexibility; during Alameda Oakland Ferry Service Contract negotiations, a stumbling block was requiring the operator to provide vessels in addition to the Encinal; if the City had both vessels to provide for the 15 daily runs, there would have been more flexibility and discussions with operators would have differed; providers would not have to own or purchase vessels in order to operate the service. In response to Councilmember Kerr's inquiry regarding whether Blue & Gold will give riders breaks on fare increases since the City will be providing another vessel, the Public Works Director stated operations are reviewed annually; staff expects with only two ferry boats being operated, there would be a reduction in operating- and crew costs, which should translate into a reduction in fares. Mayor Appezzato stated the Metropolitan Transportation Commission unanimously voted to grant funds to the City of Alameda for purchase of the ferry. Councilmember DeWitt moved approval of the staff recommendation. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. (*99-495) Resolution No. 13146, "Supporting the Sale of the Oakland Athletics to Oakland Investors L.P. and Retention of the Team in Oakland." Adopted. (*99-496) Introduction of Ordinance Amending the Alameda Municipal Code by Amending Section 2-7 (City Recreation Commission); Subsection 2-7.1 (Commission Created; Purpose) of Section 2-7 (City Recreation Commission); Section 2-9 (City Golf Commission); Subsection 2-30-1(f) (Appointments of Heads of Departments) of Section 2-30 (Departmental Organization), of Article III (Departments, Offices and Bureaus) of Chapter II (Administration) and Subsection 23-1.5 (Hours of Public Use of Parks) of Section 23- 1 (Parks and Squares), Chapter XXIII (Parks, Recreation Areas and Public Property); for the Purpose of Renaming the Recreation Commission to the Recreation and Park Commission. Introduced. (*99-497) Ratified bills in the amount of $1,338,687.51. Regular Meeting Alameda City Council October 5, 1999 REGULAR AGENDA ITEMS (99-498) Resolution No. 13147, "Appointing Robert M. Wood as a Member of the City Golf Commission." Adopted. Councilmember DeWitt moved adoption of the Resolution. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office and presented Mr. Wood with a Certificate of Appointment. (99-499) Resolution No. 13148, "Reappointing J.C. Shirriel as a Member of the City Recreation Commission." Adopted. Councilmember Johnson 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 and presented Mr. Shirriel with a Certificate of Reappointment. (99-500) Introduction of Ordinance Approving and Authorizing the City Manager to Negotiate and Execute a Lease Agreement Between the City of Alameda and East Bay Regional Park District for Use of 5.78 Acres of Land at Crown Memorial State Beach for a Dog Exercise Area. Introduced. Mayor Appezzato announced that the Human Society's Annual Dinner was being held this evening; the Society supports the recommendation. Councilmember Johnson moved introduction of the Ordinance. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. (99-501) Ordinance No. 2809, "Amending the Alameda Municipal Code by Adding Subsection 1-4.10 (Call for Review) to Section 1-4 (General Code Revisions) of Chapter I (General) to Provide New Policy and Procedure for Call for Review." Finally passed. Councilmember Kerr moved final passage of the Ordinance. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. (99-502) Ordinance No. 2810, "Reclassifying and Rezoning Certain Properties within the City of Alameda by Amending Zoning Ordinance Regular Meeting Alameda City Council October 5, 1999 No. 1277, N.S., for that Property Located at 2201 Santa Clara Avenue." Finally passed. Councilmember Kerr moved final passage of the Ordinance. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. (99-503) Ordinance No. 2811, "Amending the Alameda Municipal Code by Amending Subsection 8-22.12 (Appeal to City Council) of Chapter VIII (Traffic and Motor Vehicles) to Increase Number of Days to File an Appeal of Transportation Advisory Committee Actions." Finally passed. Councilmember DeWitt moved final passage of the Ordinance. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. (99-504) Ordinance No. 2812, "Amending the Alameda Municipal Code by Amending Subsection 2-1.6 (Order of Business) of Section 2-1 (The City Council), Article I (The City Council and Meetings of the City Council) to Chapter II (Administration) Eliminating the Public Works Director from Mandatory Attendance." Finally passed. In response to Councilmember DeWitt's inquiry, the City Manager stated it is appropriate to have the City Clerk, City Attorney and City Manager at Council meetings as Council's employees; by tradition, the Public Works Director has attend meetings; the Public Works Director does not always have matters on Agendas; no other Department Head is required to attend Council meetings; singling out one person is not fair. Councilmember DeWitt moved final passage of the Ordinance. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS (99-505) Richard Neveln, Alameda, announced Eugene Cernan, the last man to walk on the moon, will be on the USS Hornet tomorrow at 1:00 p.m.; stated input is needed at the Public Transit Committee meeting tomorrow at 7:30 p.m.; weekend bus service is needed at Alameda Point. COUNCIL COMMUNICATIONS (99-506) Mayor Appezzato announced that Alamedan Gerhard Degemann received an award from the Alameda County Education Foundation for Regular Meeting Alameda City Council October 5, 1999 being a supporter of education. (99-507) Mayor Appezzato complimented the Alameda Free Library and the Library Director on author Rosemary Wells presentation to the community last Sunday. (99-508) Mayor Appezzato complimented the Police Department; read a message from the President of Temple Israel Alameda thanking Alameda Police Officers for "their professionalism, courteousness, and attentiveness" during their ten-day holy period. (99-509) Mayor Appezzato announced if Senate Bill 3, the Library Bond Act, passes, each grant recipient will receive 65% of project cost for building and upgrading libraries. (99-510) Mayor Appezzato stated staff will bring forward names for the new non-profit housing organization; there is a request to increase membership from seven members to nine members; when the matter is on the agenda, Council can consider approving increase. (99-511) Vice Mayor Daysog announced the Police Chief released a pamphlet regarding Megan's Law which is available to the public. (99-512) Vice Mayor Daysog stated the Social Service Human Relations Board has completed a Community Assessment of different health and social well-being indicators; requested a review of Community Assessment's key findings at the next Council meeting. (99-513) Vice Mayor Daysog stated Governor Davis signed bills regarding domestic partners benefits; requested staff to review legislation and how it applies to local governments. The City Manager inquired whether the matter could be addressed in an off-agenda report, to which Vice Mayor Daysog responded in the affirmative. (99-514) Councilmember DeWitt stated profiling of motorists by race has been in the news; the Governor did not sign a Bill on said matter; black leaders and politicians were surprised the Governor did not support the legislation; although profiling motorists is not mandatory by law, the City Manager has stated the City of Alameda will keep track of the race of individuals stopped by the Police; Alameda will have a profile and information will be available for review. (99-515) Councilmember Kerr thanked the City Manager for writing a letter clarifying that no one on the City Council or staff has considered, or is considering, shutting down Littlejohn Park; the letter was easy to understand and rumors were killed. (99-516) Mayor Appezzato requested a copy of the City's Y2K [Year Regular Meeting Alameda City Council October 5, 1999 2000] video be provided to Emeryville Councilmember Davis. ADJOURNMENT There being no further business, Regular Meeting at 8:07 p.m. Mayor Appezzato adjourned the Respectfully submitted, a4a Di ne B. Felsch, City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council October 5, 1999 MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -OCTOBER 5, 1999- -6:50 P.M. Mayor Appezzato convened the Special Meeting at 6:55 p.m. Roll Call - Present: Absent: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. None. The Special Meeting was adjourned to Closed Session to consider: (99-491) Conference with Legal Counsel - Anticipated Litigation; Initiation of litigation pursuant to Subdivision (c) of Section 54956.9; Number of Cases: One. Following the Closed Session, the Special Meeting was reconvened and Mayor Appezzato announced that the Council authorized initiation of litigation. Adjournment There being no further business, Mayor Appezzato adjourned the Special Meeting at 7:25 p.m. ectfully submitted, Dire B. Felsch, CMC City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meting Alameda City Council October 5, 1999