1997-10-21 Minutestp,
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -OCTOBER 21, 1997- -5:15 P.M.
Mayor Appezzato convened the Special Meeting at 5:15 p.m.
t 4
PRESENT: Councilmembers Daysog, DeWitt, Kerr,
Lucas, and Mayor Appezzato - 5.
ABSENT: None.
The Special Meeting was adjourned to Closed Session to consider:
(97-565) Public Employee Performance Evaluation, Title: City
Manager; and
Conference with Real Property Negotiator, Property: APN
074-1339-31-1; Negotiating Parties: City of Alameda,
Harbor Bay Isle Associates, Grubb and Ellis; Under
Negotiation: Price.
Following the Closed Session, the Special Meeting was reconvened
and the Mayor announced that regarding the Public Employee
Performance Evaluation, the City Council conducted a performance
evaluation of the City Manager; and regarding Conference with Real
Property Negotiator, instructions were given to the City Manager.
There being no further business before the City Council, Mayor
Appezzato adjourned the meeting at 7:15 p.m.
Respectfully submitted,
Diane B. Felsch, CMC
City Clerk
The public notice for this meeting was posted in accordance with
the Brown Act.
Special Meeting
Alameda City Council
October 21, 1997
MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- -OCTOBER 21, 1997- -7:15 P.M.
Mayor Appezzato called the Council Meeting to order at 7:49 p.m.
ROLL CALL: Present:
Absent:
Councilmembers Daysog, DeWitt, Kerr,
Lucas and Mayor Appezzato.
None.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
(97-566) Presentation by Director Alice Creason, Ward Three, AC
Transit Board of Directors, regarding AC Transit's Draft TransBay
Comprehensive Service Plan.
A.C. Transit Director Creason stated that she was present to
discuss proposed changes in A.C. Transit's Transbay Bus Routes and
the Transbay Terminal; Alameda is a very heavy user of the A.C.
Transit Bus Service; the Draft Service Plan has been available for
comment since May; final input and public comment on environmental
issues will be on October 22, 1997; a final draft proposal will go
to the A.C. Transit Board in mid-December, and implementation will
take place in June, 1998; a goal is to consolidate the W-2 route
into a stronger route; A.C. is considering a second all-day
Transbay Service Route for Alameda and adding an A Route which
would go to the Oakland Airport from San Francisco; and some of the
existing services between the 0 and A Routes would not continue.
A.C. Transit Director of Service Developments Steve Perry and A.C.
Transit Planner and Project Manager Paul Bignardi provided details
on various routes.
Mayor Appezzato requested A.C. Transit to provide Alameda's local
newspapers with a press release on said matter.
Councilmember Kerr stated there should be continued daytime
Transbay service to San Francisco down the length of the island.
Ms. Creason commented A.C. Transit agrees and plans to continue
said service.
Councilmember Kerr stated that she looks forward to getting back
bus service between Alameda and the Oakland Airport, and inquired
whether the 0 line would be able to take advantage of the
expressway to the Bridge.
Minutes Regular Meeting
Alameda City Council
October 21, 1997
Ms. Creason responded that the 0 line would be taking the
expressway to the Bridge next February.
In response to Councilmember Daysog's inquiry regarding service in
the West End, Ms. Creason stated A.C. Transit staff indicates there
will not be a loss in bus service in the West End due to
consolidation of certain services.
Ms. Creason stated the Board of Directors is in favor of continuing
service at the existing Transbay Terminal site; that it is more
cost effective to improve the Transbay Terminal facility and retain
the rampage; and A.C. Transit appreciates regional support for that
facility.
Mayor Appezzato commented that Alameda may join other East Bay
cities in a lawsuit [regarding the Transbay Terminal] against San
Francisco, however, it has not been determined yet.
Councilmember Kerr stated A.C. Transit is performing a necessary
and vital service.
Mayor Appezzato stated the Steering Committee for Measure B
Reauthorization is discussing funding for A.C. Transit; it appears
the set aside recommendation is almost $176 Million for A.C.
Transit.
In response to Councilmember Lucas's inquiry regarding a Heavily
Occupied Vehicle (HOV) lane, the A.C. Transit Project Director
stated it is their contention that a HOV lane could save upwards to
ten minutes in normal traffic, and in gridlock traffic much more
than that; perhaps use of a HOV lane would be only at peak hours,
when there is the greatest number of buses; A.C. Transit staff will
be requesting the Board to adopt a Resolution to transmit to the
Bay Bridge Retrofit Task Force; and that Caltrans does not believe
a HOV lane would be of much use to them.
Councilmember Lucas moved that the Council send a letter supporting
A.C. Transit's request for a HOV lane.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
Betty Dunn, public speaker, questioned whether A.C. Transit or the
City is responsible for bus shelters and benches.
The Public Works Director stated that there was an A.C. Transit
program for shelters and benches in the past; due to cutbacks in
funding, A.C. Transit has not put shelters or benches in for
several years; the City has put in a few benches and, at least, two
shelters, but has a very limited budget, too.
Minutes Regular Meeting
Alameda City Council
October 21, 1997
5
Ms. Creason stated A.C. Transit has a grant; A.C. Transit has been
trying to get a private company to come in and share costs.
Betty Dunn stated benches should be provided next to the Bank at
Santa Clara Avenue and Webster Street, in front of the Main Library
on Santa Clara Avenue, at the corner of Broadway and Santa Clara
Avenue, and at Lincoln Park on High Street.
Betty Dunn further stated bus drivers should have more time for
breaks at the end of the line.
Irene Dieter, Alameda, stated no bus lines should be dropped; that
lines should be expanded, including the W-2 line; if the West End
grows, there should be an Express bus from the West End and also a
park & ride; and there should be an extra Express Bus for those who
start work at 9:00 a.m.
Vice Mayor DeWitt requested the City Manager and Public Works
Director to coordinate with A.C. Transit staff in regard to funding
for benches and enclosures.
Councilmember Lucas stated that if grant money becomes available
and requires advertising, it would be unacceptable.
* * *
Mayor Appezzato recessed the Council Meeting at 8:27 p.m. to
convene a Special Council Meeting called to address consideration
of authorizing a reward for information leading to the arrest and
conviction for the murder of Neil Patrick Sweeney.
The City Council Meeting was reconvened the meeting at 8:36 p.m.
* * *
(97-567) Presentation by Karen Butter, President, League of Women
Voters, Alameda, of a report (directory) on Local Agency Formation
Commissions and Congestion Management Agencies, and the San
Francisco Bay Area Decision Makers Directory.
Karen Butter presented said reports to the City Council.
CONSENT CALENDAR
Mayor Appezzato announced that the report on the Construction of
Bleachers at the College of Alameda Hardball Facility [paragraph
number 97-574] would be held over and certain items were withdrawn
from the Consent Calendar for discussion.
Councilmember Lucas moved approval of the remainder of the Consent
Calendar.
Minutes Regular Meeting
Alameda City Council
October 21, 1997
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5. [Items so enacted or adopted are indicated by an
asterisk.]
(*97-568) Minutes of the Special and Regular City Council Meetings
held on October 7, 1997.
(*97-569) Report from Community Development Director recommending
authorization to execute FY 1997-98 Community Development Block
Grant Agreement with Alternatives in Action for Youth-in-Business
Microenterprise Program.
(*97-570) Report from Community Development Director transmitting
Commercial Recruitment Quarterly Progress Report.
(97-571) Report from Recreation Director recommending that the
City Council, by motion, direct the Golf Course General Manager to
solicit bids for Replacement of One Hundred Electric Golf Carts.
Bill Smith, Alameda, stated the City should purchase, rather than
lease, the golf carts.
John Fee, Alameda, commented on the usefulness of golf carts.
Councilmember Lucas moved acceptance of the report and
recommendation.
Vice Mayor DeWitt seconded the motion, which carried by unanimous
voice vote - 5.
(97-572) Report from Housing Authority Executive Director
recommending assignment of the City's option to purchase three
dwelling units at 1129-31 Regent Street to the Housing Authority
for Homeownership.
John Fee, Alameda, stated that he supports increased homeownership.
M. O'Connell, Alameda, inquired why the City cannot directly sell
the property.
The Housing Authority Executive Director explained that the Housing
Authority acts as the City's housing agency.
Councilmember Lucas moved approval of the recommendation.
Vice Mayor DeWitt seconded the motion, which carried by unanimous
voice vote - 5.
(*97-573) Report from Public Works Director recommending
establishment of stop signs on the Westbound approach of Pacific
Avenue at Marshall Way/Pacific Avenue and at Madison Street and
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Alaneda City Council
October 21, 1997
337
Post Street (Alameda Municipal Code Section 8-2.2). Accepted.
(97-574) Report from Public Works Director recommending allocation
of funds in the amount of $260,000 loaned from the General Fund and
repaid from the Athletic Trust Fund and authorization to proceed
with Phase II Construction, Addition of Bleachers at the Hardball
Facility, College of Alameda Project, No. P.W. 02-95-04. Held
over.
(*97-575) Report from Public Works Director recommending acceptance
of work by Lone Star Landscape, Inc., for Construction of
Playground Improvements for Krusi Park, No. P.W. 08-95-16.
Accepted.
(*97-576) Report from Public Works Director recommending acceptance
of work by Environmental Golf, Inc./Valley Crest Landscape, Inc.
(Joint Venture) for Driving Range Improvements at the Chuck Corica
Golf Complex, No. P.W. 06-96-10. Accepted.
(*97-577) Report from Public Works Director recommending award of
contract in the amount of $205,898 to St. Francis Electric for New
Pedestrian Signals at Various Intersections, No. P.W.-07-97-15.
Accepted.
(*97-578) Report from Public Works Director recommending award of
contract in the amount of $79,752.50 to St. Francis Electric for
Atlantic Avenue Corridor Improvements Project, No. P.W. 07-97-17.
Accepted.
(97-579) Introduction of Ordinance Approving and Authorizing the
Execution of a Sublease Agreement Between the Alameda Reuse and
Redevelopment Authority, as Sublessor of the United States of
America, Acting Through the Department of the Navy, and the City of
Alameda, as Subtenant, for the use of the Alameda Point Gymnasium
and Swimming Pool and an Agreement Between the City of Alameda and
Albany Unified School District for Use of the Alameda Point
Gymnasium. Introduced.
M. O'Connell, Alameda, asked the cost of operating the facility.
The Public Works Director responded that he does not have the
expected operation cost; leasing the facility will not increase
operating cost; and rental money earned will be used for bringing
the facility in compliance with the Americans with Disabilities
Act.
Mayor Appezzato requested the Public Works Director to respond to
Ms. O'Connell after determining operating costs of the facility.
Councilmember Lucas moved introduction of the Ordinance.
Minutes Regular Meeting
Alameda City Council
October 21, 1997
Vice Mayor DeWitt seconded the motion, which carried by unanimous
voice vote - 5.
(97-580) Resolution No. 12936, "Authorizing Public Works Director
to Execute and Administer Administering Agency-State Master
Agreement No.-04-5014 Covering General Requirements for all Federal
Aid Projects." Adopted.
M. O'Connell, Alameda, asked about the revenue ramifications of
said agreement.
The Public Works Director stated there are no costs involved with
the agreement; that the agreement is required in order to receive
grant funding from the Federal government.
Vice Mayor DeWitt moved adoption of the Resolution.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
(*97-581) Ratified bills in the amount of $1,495,522.10.
* * *
City Council recessed and reconvened at 8:55 p.m.
* * *
REGULAR AGENDA ITEMS
(97-582) Report from Public Utilities Board recommending proposed
revisions to the City Charter.
Councilmember Daysog moved the recommendation.
Vice Mayor DeWitt seconded the motion.
Under discussion, Councilmember Kerr stated that she objects to the
elimination of Section 12.5 of the Charter; the people should
retain control of the businesses that the City enters into.
In response to Mayor Appezzato's inquiry, the Acting General
Manager of the Bureau of Electricity stated the Public Utilities
Board decided this matter should be placed on the June ballot
because voter focus would be on issues rather than candidates.
On the call for the question, the motion carried by the following
voice vote: Ayes: Councilmembers Daysog, DeWitt, Lucas and Mayor
Appezzato - 4. Noes: Councilmember Kerr - 1.
(97-583) Resolution Amending Resolution No. 12567, Section
Minutes Regular Meeting
Alameda City Council
October 21, 1997
Q 0
Rules of Order, Governing the Proceedings and Order of Business of
City Council Meetings. Not adopted.
Councilmember Kerr stated that at a previous Council meeting strong
opinions were expressed in opposition to allowing transfers of
public speakers' three minutes.
In response to Councilmember Daysog's inquiry, the City Attorney
stated that the proposed resolution would limit the Mayor's
prerogative in running the meeting.
Councilmember Daysog stated that he is not in favor of limiting the
Mayor's authority over meetings.
Mayor Appezzato stated every item cannot be legislated; some issues
must be dealt with as they occur; a previous Council determined the
Mayor could grant additional time; this does not occur with the
frequency that the prerogative of the Chair should be controlled.
In response to Councilmember Kerr's question, the City Attorney
stated current legislation does not prohibit delegation of a
speaker's three minutes to another speaker.
Mayor Appezzato stated when Councilmembers have a problem with the
way the Mayor is running a meeting, a motion should be made and, if
it receives three votes, it would be handled at that time.
Councilmember Lucas stated that she does not want to restrict the
authority of the Mayor.
(97-584) Introduction of Ordinance Approving and Authorizing the
Execution of a Sublease Agreement Between the Alameda Reuse and
Redevelopment Authority, as Sublessor of the United States of
America Acting Through the Department of the Navy, and the City of
Alameda, as Subtenant, for the Use of the Officers' Club at Alameda
Point, with Related Parking. Introduced.
John Fee, Alameda, commented on potential uses for the Officers'
Club.
Councilmember Lucas moved introduction of the Ordinance.
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 5.
(97-585) Introduction of Ordinance Amending the Alameda Municipal
Code by Amending Subsection 2-46-4 (Office Hours) of Section 2-46
(Supervising Animal Control Officer) of Chapter II
(Administration), and Repealing Chapter VII (Animal Control) in its
Entirety and Replacing with a Revised Chapter VII (Animal Control).
Introduced.
Minutes Regular Meeting
Alameda City Council
October 21, 1997
340
Written Communication from Len Grzanka, Alameda,
regarding proposed amendments to the Animal Control
Ordinance.
Len Grzanka, Alameda, thanked the Mayor, Council, Carmen Lasar of
the Alameda Humane Society, the Deputy City Attorney and Police
Lieutenant Chuck Rodekohr for listening to and addressing his
concerns, and offered to summarize the Animal Control Chapter of
the Municipal Code.
Councilmember Lucas moved introduction of the ordinance.
Vice Mayor DeWitt seconded the motion, which carried by unanimous
voice vote - 5.
(97-586) Final Passage of Ordinance No. 2743, "Amending the
Alameda Municipal Code by Adding Terms (Single-Family Dwelling;
Solid Waste Service Exception) to Article I (Definitions) Chapter
XXI (Solid Waste and Recycling), and Replacing the Text of
Subsection 21-2.8 (Solid Waste Collection Required) in Section 21-2
(Collection and Removal) of Article II (Solid Waste), Chapter XXI
(Solid Waste and Recycling)." Finally Passed.
John Fee, Alameda, commented that individuals could profit by
recycling themselves.
Vice Mayor DeWitt moved final passage.
Councilmember Lucas seconded the motion which carried by the
following voice vote: Ayes: Councilmembers Daysog, DeWitt, Lucas
and Mayor Appezzato - 4. Noes: Councilmember Kerr - 1.
(97-587) Final Passage of Ordinance No. 2744, "Amending the
Alameda Municipal Code by Adding Subsection 21-15.4 (Collection of
Recyclable Materials) to Section 21-15 (Residential and
Nonresidential Recycling) of Article III (Recycling), Chapter XXI
(Solid Waste and Recycling) and Amending Subsection 21-2.3
(Collection of Solid Waste and Source Separated Recyclable and
Organic Recyclable Material) of Article II (Solid Waste), Chapter
XXI (Solid Waste and Recycling)." Finally Passed.
Don Roberts, Alameda, stated the staff report gives Council credit
for a change in language he proposed; the process puts burdensome
requirements on citizens; and non-payment of the recycling bill
should not be a criminal act.
Mayor Appezzato requested that the Minutes reflect the language
revision proposed by Mr. Roberts.
In response to Mayor Appezzato's concerns about the exemption
process, the City Manager explained there is annual permit process
Minutes Regular Meeting
Alameda City Council
October 21, 1997
341
for exemption which can be revised next year to allow self-
certification.
The Public Works Waste Management Specialist stated Alameda is one
of five Cities to offer an exemption.
In response to Councilmember Daysog's inquiry, the City Attorney
explained non-payment would be an infraction.
In response to Councilmember Kerr's question about infractions
resulting in jail sentences, the City Attorney read Section 1-5.1
of the Municipal Code which states infractions shall be punished by
fines and an infraction is not punishable by imprisonment.
Vice Mayor DeWitt moved final passage.
Councilmember Lucas seconded the motion, which carried by unanimous
voice vote - 5.
ORAL COMMUNICATIONS, NON-AGENDA (Public Comment)
(97-588) Betty Dunn, Alameda, stated Neil Patrick Sweeney really
cared about Alameda and will be sorely missed; a juvenile curfew is
needed; that the cities of San Diego and San Jose have juvenile
curfews that work very well; teenagers come in from other cities
and roam around; it is more dangerous now to be out on the street
at night.
(97-589) John Fee, Alameda, stated the Bureau of Electricity
should consider a 50-cycle system.
(97-590) Richard Neveln, Oakland, stated the infraction cited in
the Solid Waste/Recycling Ordinance bothers him; infractions can
turn into bench warrants and individuals arrested. Mr. Neveln also
stated that he is a member of the West Oakland Community Advisory
Board dealing with the Oakland Army Base; that many members are
unable to attend meetings because transit service stops at 7:00
p.m.; service is needed for people who work weekdays, and weekend
service does not exist in many areas; and a twenty-four hour
transit service is necessary for all citizens.
COUNCIL COMMUNICATIONS (Communications from Council)
(97-591) Consideration of Mayor's nomination for appointment to
the Cable TV Advisory Committee.
Mayor Appezzato nominated Debra Arbuckle for appointment to the
Cable TV Advisory Committee.
Minutes Regular Meeting
Alameda City Council
October 21, 1997
342
(97-592) Mayor Appezzato stated Alameda will receive, if the
voters approve Measure B [Reauthorization of the 1/2 Cent Sales Tax],
$15 Million; for the first time, Alameda will be allocated
$7,164,900 for its three bridges, and that he has requested
additional funding; it has been recommended that Alameda receive
$9,075,540 for ferry services, and that he has requested additional
monies; one of the Tier 2 Projects is $7.8 Million for a ramp onto
the new freeway, which will provide a better route into the West
End of Alameda; and that the Steering Committee for Measure B will
be meeting again next September.
(97-593) Councilmember Daysog announced that the Month of October
is Filipino-American Heritage Month.
(97-594) Councilmember Kerr stated that some historic items were
included in a recent City auction: a counter and a double desk
originally located in the City Clerk's Office; an off-agenda report
should be provided on how the City can avoid such mistakes in the
future; perhaps the Historical Advisory Board could address such
matters; Alameda values its history.
(97-595) Vice Mayor DeWitt stated that he appreciated the service
provided by security personnel at Alameda Point during Fleet Week.
4 • OiL
(97-595A) The Mayor adjourned the meeting at 10:08 p.m. in memory
and honor of Neil Patrick Sweeney.
Respectfully submitted,
Diane B. Felsch, C C
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Minutes Regular Meeting
Alameda City Council
October 21, 1997
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -OCTOBER 21, 1997- -8:00 P.M.
Mayor Appezzato called the Council Meeting to order at 8:28 p.m.
ROLL CALL: Present: Councilmembers Daysog, DeWitt, Kerr,
Lucas and Mayor Appezzato - 5.
Absent: None.
(97-596) Consideration of authorizing a reward for information
leading to the arrest and conviction for the murder of Neil Patrick
Sweeney. [Councilmember Lucas]
Yvonne Keel, Alameda, proposed that the Clock Tower be named the
Neil Patrick Sweeney Memorial Clock Tower; stated if the Clock
Tower is not built, perhaps a special clock could be built and
placed in City Hall in his memory.
Richard Neveln, Alameda, stated an annual Neil Patrick Sweeney
Award for unselfish public involvement in public meetings would be
appropriate; a plaque could be provided with words about Mr.
Sweeney and the names of award recipients.
Chief of Police Matthews stated a reward often helps and can be a
guiding force to bringing an investigation to resolution; a $5,000
reward could get the attention of people who have knowledge of the
crime and bring them forward.
Don Bergen, Alameda, stated that Mr. Sweeney may still be alive if
he had the means to protect himself and a permit [to carry a
concealed weapon]; the murder would not have happened four or eight
years ago.
Councilmember Lucas moved that the Council authorize a reward of
$5, 000.
Councilmember Daysog seconded the motion.
Under discussion, Vice Mayor DeWitt stated a friend of Mr.
Sweeney's contacted him and stated that he would like to offer
$1,000 to the reward.
On the call for the question, the motion carried by unanimous voice
vote - 5.
Minutes Special Meeting
Alameda City Council
October 21, 1997
34•
ADJOURNMENT
Mayor Appezzato adjourned the meeting at 8:35 p.m.
Respectfully submitted,
ane B. Fe sch, C C
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Minutes Special Meeting
Alameda City Council
October 21, 1997