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1997-11-04 Minutes..345 MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -NOVEMBER 4, 1997- -6:45 P.M. Mayor Appezzato convened the Special Meeting of the City Council at 6:45 p.m. ROLL CALL - PRESENT: ABSENT: Councilmembers Daysog, Kerr, Lucas, Vice Mayor DeWitt and Mayor Appezzato - 5. None. The Special Meeting was adjourned to Closed Session to consider: (97-597) Conference with Real Property Negotiator, Property: APN 074-1339-32-1, Under Negotiation: Sale of 10.28 acre parcel at Harbor Bay Isle. Following the Closed Session, the Special Meeting was reconvened and the Mayor announced that staff was given instructions to negotiate listing the sale of the property with a real estate broker. There being no further business before the City Council, Mayor Appezzato adjourned the meeting at 7:02 p.m. Respectfully submitted, D ane B. Fe sch, C C City Clerk The public notice for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council November 4, 1997 MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - NOVEMBER 4, 1997 - - 7:15 P.M. Mayor Appezzato called the Council Meeting to order at 7:30 p.m. ROLL CALL: Present: Councilmembers Daysog, DeWitt, Kerr, Lucas and Mayor Appezzato - 5. Absent: None. CONSENT CALENDAR Mayor Appezzato announced that the report on the Clock Tower [paragraph number 97-599] and the report on Remodeling of the Western Portion of the Center Building of Historic Alameda High School for the Temporary Main Library [paragraph number 97-607] would be held over and certain items were withdrawn from the Consent Calendar for discussion.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. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*97-598) Minutes of the Special and Regular City Council Meetings held on October 21, 1997. Approved. (97-599) Report from City Manager recommending certain guidelines for the Committee to Replace the Clock Tower and that Council designate the funds donated to be used for the reconstruction of the City Hall Clock Tower. Held over. (*97-600) Report from Community Development Director regarding First-time Homebuyer Lottery at Clarke Lane. Accepted. (*97-601) Report from Community Development Director recommending authorization for Commercial Recruiter to attend the International Council of Shopping Centers Annual Conference in Las Vegas, Nevada. Accepted. (*97-602) Report from Community Development Director recommending adoption of Pilot Incentive Program for Balloon Payment Collection for Rehabilitation Loans. Accepted. (*97-603) Report from Finance Director transmitting the Investment Report for the quarter ending September 30, 1997. Accepted. Minutes Regular Meeting Alameda City Council November 4, 1997 %.) (*97-604) Report from Finance Director transmitting the Financial Report for the quarter ending September 30, 1997. Accepted. (97-605) Report from Public Works Director recommending support of AC Transit's proposal for a High Occupancy Vehicle (HOV) Lane on the Bay Bridge to serve the Transbay Terminal. Don Roberts, Alameda, stated the Agenda for the previous Council Meeting did not include an action item regarding a HOV Lane, and the Mayor allowed Council to vote on the matter; that the Brown Act requires action items to be listed on the Agenda; the matter [HOV lane] is on the Agenda tonight, which is a method of curing an improper action at the last Council Meeting had it gone to a Court. Vice Mayor DeWitt moved the staff recommendation. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. (*97-606) Report from Public Works Director recommending acceptance of work by K. J. Woods Construction, Inc. for the City of Alameda Infiltration and Inflow, Phase 5 Sanitary Sewer Replacement Project, No. P.W. 08-95-15. Accepted. (97-607) Report from Public Works Director recommending award of contract in the amount of $1,055,700 to Alten Construction, Inc. for Remodeling of the Western Portion of the Center Building of Historic Alameda High School for the Temporary Main Library, No. P.W. 03-97-04. Held over. (*97-608) Report from Public Works Director recommending award of contract in the amount of $72,254.60 to Richard A. Heaps Electrical Contractor, Inc. for East End Signal Retiming and Equipment Upgrade, No. P.W. 07-97-18. Accepted. (*97-609) Report from Planning Director recommending approval of a Parcel Map Waiver for division of a City-owned parcel and the filing of a Parcel Map for the Browman Development Company Project located along Atlantic Avenue between Webster Street and Constitution Way. Applicant: City of Alameda Community Improvement Commission; [Held over from October 7, 1997.] Resolution No. 12937, "Approving a Waiver of Subdivision Map Act Requirements to Separate Out the Atlantic Avenue Public-Right-of- Way from a City-Owned Parcel along Atlantic Avenue between Webster Street and Constitution Way." Adopted; and Resolution No. 12938, "Approving the Filing of Parcel Map 7205." Adopted. (97-610) Introduction of Ordinance Amending the Alameda Municipal Minutes Regular Meeting Alameda City Council November 4, 1997 345 Code by Amending Subsection 2-1.1 (Council Meetings) of Section 2-1 (The City Council) of Article I (The City Council and Meetings of the City Council) Chapter II (Administration) and Repealing Subsection 2-1.1b in Its Entirety. Introduced. Resolution No. 12939, "Amending Resolution No. 12507 Setting Order of Business of City of Alameda City Council Meetings." Adopted. Don Roberts, Alameda, stated it was improper for the Council to hold Staff Information Meetings in the back Conference Room; that it would be appropriate for the Council to discuss all Council Meeting items in the Council Chamber; the proposed legislation would eliminate Staff Information Meetings and require discussions on agenda changes in the Council Chamber; and that he urges Council to pass the openness-in-government change produced by staff. Councilmember Kerr stated Staff Information Meetings are open to the public; that in the past, Staff Information Meetings were held on another floor; the public has never been kept out of said meetings; and she believes it is more appropriate now to bring the meetings out in the open and televised. Mayor Appezzato stated that he spoke with the City Attorney on the matter, and it was at his suggestion that it was placed on the Agenda; if there are violations of the Brown Act, there are methods to cure violations; if anyone believes that any member of the Council has violated the Brown Act criminally, they are free to take the matter to the Grand Jury and/or the District Attorney; the Grand Jury or District Attorney must prove wrongful intent on the part of those who are alleged to have violated the Act; civil actions may be taken also; if there is a violation, the body has an opportunity to cure; a member of the public can sue, if they win in Court, the City would be held liable for all of the penalties and fines and Court costs; if the body is found innocent, the person who sues is liable for Court costs; and there are methods to take in seeking redress if any member of the Council body violates the Brown Act, either criminally or civilly. Councilmember Kerr stated that she had brought the matter to the attention of the City Attorney also Councilmember Daysog stated that he sees no reason why Council should change its procedure; he has not seen any Brown Act violations; if he supported the proposal [before Council], he would feel as if he was owning up to some wrong that he never did; and 7:15 p.m. Staff Information Meetings should be continued. Mayor Appezzato stated that he, too, did not believe there had been any Brown Act violations; under the criminal portion of the Brown Act, there has to be wrongful intent proven; sometimes mistakes are inadvertently made; if there is no wrongful intent to deceive the Minutes Regular Meeting Alameda City Council November 4, 1997 public, there is no criminal violation of the Act; and if there is a civil violation, you have the right to cure. Councilmember Lucas stated that she agreed with Councilmember Daysog, in that she does not see any legally compelling reason to change the procedure; on the other hand, and from a practical point of view, the staff briefing is so brief that Council may not need the fifteen minutes before a Council Meeting; and any changes to the Agenda could be made at the beginning of the Regular Council Meeting. Councilmember Lucas moved introduction of the Ordinance. Councilmember Kerr seconded the motion. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers DeWitt, Kerr, Lucas and President Appezzato - 4. Noes: Councilmember Daysog - 1. Councilmember Lucas moved adoption of the Resolution. Councilmember Kerr seconded the motion, which carried by the following voice vote: Ayes: Councilmembers DeWitt, Kerr, Lucas and President Appezzato - 4. Noes: Councilmember Daysog - 1. (*97-611) Ratified bills in the amount of $1,206,375.45. (97-612) Resolution No 12940, "Appointing Debra D. Arbuckle as a member of the Cable Television Advisory Committee". [Member-at- Large with experience in cable television with emphasis in local origination and public access programming.] Adopted. * * * Don Roberts, Alameda, stated that rather than waiting for Oral Communications, he would like to correct something that the Mayor stated in case someone did want to take a case to civil trial; costs can only be levied against a person bringing an action against the Council if a Judge decides the motion was frivolous; that he has never accused the Council of committing a criminal act of the Brown Act; and rather than having to go to Court, the Council should comply with the Brown Act voluntarily without being forced to do so. Mayor Appezzato stated that Council has never been forced to do so, and does its best. * * * Minute s Regular Meeting Alameda City Council November 4, 1997 350 Mr. Don Roberts stated that he reviewed the applications for the Cable Committee nominees; it appeared to him that there were at least three applicants who were better qualified than the nominee; he reviewed the background of certain applicants and requested the Mayor to consider appointing Julie Caldwell. Councilmember Lucas stated that she was personally acquainted with Ms. Arbuckle and her commitment to Alameda, and that Ms. Arbuckle has many qualifications, including a law degree. Mayor Appezzato stated that Ms. Arbuckle was a graduate of the University of California, Berkeley, had law degree and served the City in the past. Councilmember Lucas moved adoption of the Resolution. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office to Ms. Arbuckle. Mayor Appezzato commented that Ms. Arbuckle came highly recommended by a number of people, and that she will be the first woman to serve on the Committee. (97-613) Public Hearing to consider "Resolution No. 12941, "Modifying the Parking and Business Improvement Area 1997-98 Budget and Approving the Addendum to the 1997-98 Parking and Business Improvement Area Report." Adopted Mayor Appezzato opening the public portion of the Hearing. There being no public speakers, Mayor Appezzato closed the public portion of the Hearing. Vice Mayor DeWitt moved adoption of the Resolution. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. (97-614) Report from Finance Director recommending Section 12-6 of the City Charter serve as the basis for computing any Public Utilities Board transfers to General Fund, and that a committee of two Councilmembers and two Public Utilities Board Members be formed to determine a formula for maximum transfers. Mayor Appezzato stated that he would like to serve on the Committee. Councilmember Lucas stated that she, too, was interested in serving Minutes Regular Meeting Alameda City Council November 4, 1997 351 on the Committee. Mayor Appezzato suggested Vice Mayor DeWitt serve as an Alternate Member. Vice Mayor DeWitt moved approval of the staff recommendation. Councilmember Daysog seconded the motion. Under discussion, the President of the Public Utilities Board stated the Board finds the recommendation very acceptable, and will be meeting to select two members [to the Committee]. On the call for the question, the motion carried by unanimous voice vote - 5. (97-615) Final Passage of Ordinance No. 2745, "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." Finally passed. Councilmember Daysog moved final passage of the Ordinance. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. (97-616) Final Passage of Ordinance No. 2746, "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." Finally passed. Councilmember Lucas moved final passage of the Ordinance. Vice Mayor DeWitt seconded the motion. Under discussion, Councilmember Kerr inquired whether the Officers Club would be open during the Holiday Season. In response to Councilmember Kerr's inquiry, the Public Works Director advised Council that there are currently eleven bookings, on a subcontractor basis, for the month of December. On the call for the question, the motion carried by unanimous voice vote - 5. Minutes Regular Meeting Alameda City Council November 4, 1997 (97-617) Final Passage of Ordinance No, 2747, "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)." Finally passed. Vice Mayor DeWitt moved final passage of the Ordinance. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON-AGENDA (Public Comment) (97-618) Len Grzanka, Alameda, stated members of the Alameda County Conservative Exchange (ACCE), requested that he inform Council and the taxpayers of Alameda that ACCE supports retrofitting the Carnegie [Main] Library and enhancing it with a 22,500 square foot addition on City-owned property; it would be the most cost-effective way to serve the community; according to the Public Works Department, the Main Library can be upgraded for approximately $3 Million, resulting in a wonderfully restored building, as was done with City Hall; conservative Alamedans are tired of elected officials overspending for state of the art things which do not work, e.g., Harbor Bay Ferry and the Bike Bridge; a 22,500 square foot addition, where the Children's Library is located, would cost less than $5 Million; for about $8 Million, Alamedans would get adequate library facilities for a population of 90,000 people and retain the architectural heritage of using the Carnegie [Main] Library as it was originally intended. (97-619) John Fee, Alameda, invited citizens to an upcoming local event sponsored by Cochran and Celli on November 25, 1997 at the College of Alameda. (97-620) Richard Neveln, Alameda, stated the City needs to focus on building back the tourist dollars that the Navy brought [to the community]; the approval to lease the Officers Club is a good beginning; the water taxi is another good beginning; there needs to be more development supporting tourism in Alameda and in the region; and the City would do well to start thinking on developing a tourist bureau or a tourist commission separate from the Chamber of Commerce. COUNCIL COMMUNICATIONS (Communications from Council) (97-621) Councilmember Kerr stated police officers should turn on their search lights when in the area of the Parrot Mini Park at night; certain unmentionables have been found in the Park; and perhaps certain activities could be reduced [by the use of search Minutes Regular Meeting Alameda City Council November 4, 1997 lights at night]. Mayor Appezzato suggested the installation of lights in the area. The City Manager stated Council's suggestion would be included in the initial list of CIP items during the budget process, and that patrol officers can give more attention to the area after dark. (97-622) Councilmember Kerr suggested that the Traffic Advisory Committee address the matter of installing yellow warning signs stating Senior Crossing near Independence Plaza, and an off-agenda report be provided to Council on the matter. (97-623) Vice Mayor DeWitt announced that the Boy Scouts and the Alameda Chapter of the Red Cross would be conducting their Annual Food Drive on November 8th and November 15th. (97-624) Mayor Appezzato requested the Public Works Department to provide any additional information regarding El Nino Preparation to the press. ADJOURNMENT Mayor Appezzato adjourned the meeting at 8:11 p.m. Respectfully submitted, Diane B. Fe sch, CMC City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Minutes Regular Meeting Alameda City Council November 4, 1997