1996-07-02 Regular CC MinutesMINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL
JULY 2, 1996
The meeting convened at 8:07 p.m., with Mayor Appezzato presiding.
Elder John Pillitiere, Alameda Chapel, gave the invocation.
ROLL CALL
Present: Councilmembers Arnerich, DeWitt, Mannix, and Mayor
Appezzato - 4.
Absent: Councilmember Lucas - 1.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
President Appezzato stated that at a recent joint meeting of the
City Council and School Board,. Councilmember DeWitt suggested that
a Summer Youth Employment Program be created; as a result, 2,000
letters were sent out to local businesses and 17 responses received
to employ high school students; 22 students applied for summer
jobs, and 15 students were hired; the program would be continued
every summer; and he thanked Councilmember DeWitt for his
suggestion, and the City Manager's Office for its clerical support.
CONSENT CALENDAR
President Appezzato stated that the following items would be pulled
from the Consent Calendar for discussion: Report regarding request
from East Bay Conversion and Reinvestment Commission for Grant
Funds; Resolution regarding Candidates Statements; and Resolution
regarding Fee Schedule for Concealed Weapon Permits and Massage
Technician Permits.
Councilman Arnerich moved acceptance of the remainder of the
Consent Calendar. Vice Mayor Mannix seconded the motion, which
carried by unanimous voice vote - 4.
(*96-351) Minutes of the Regular and Special City Council Meetings
of June 18, 1996. Approved.
(*96-352) Report from City Clerk recommending award of contract to
the Alameda Journal for publishing of legal advertising for FY
1996-97. Accepted.
(*96-353) Report from the Public Works Director recommending
acceptance of work by Buestad Construction and release of the
Retention for the Disabled Accessibility Improvements for West End
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Branch Library Project, No. P.W. 09-95-17. Accepted.
(*96-354) Report from the Finance Director transmitting the Annual
City of Alameda Investment Policy. Accepted.
(*96-355) Resolution No.12786 "Authorizing Grant Application to the
State Office of Traffic Safety and Expenditure of Grant Funds for
a Drunk Driving Education and Enforcement Program for the City of
Alameda." Adopted.
(*96-356) Resolution No.12787 "Authorizing Participation in
State/Federal Surplus Personal Property Program and Repealing
Resolution No. 12360." Adopted.
(*96-357) Resolution No.12688 "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 5, 1996."
Adopted.
(*96-358) Resolution No.12789 "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 5, 1996." Adopted.
(*96-359) Resolution No.12790 "Amending Conflict of Interest Code
by Amending Paragraph Two of Resolution No. 9460 Relative to
Disclosure Positions and Disclosure Categories and Rescinding
Resolution No. 12634." Adopted.
(*96-360) Resolution No.12691 "Establishing Guidelines for
Reimbursement of Per Diem Allowance for City of Alameda Business
Travel." Adopted.
(*96-361) Resolution No.12792 "Establishing Guidelines for
Reimbursement of Mileage for City of Alameda Business Travel As
Internal Revenue Service Published Mileage Reimbursement Rate."
Adopted.
(*96-362)
to Notice
(*96-363)
Deduction
Resolution No.12793 "Opposing Senate Bill 1471, Relating
of Stripped Assessments." Adopted.
Resolution No.12794 "Approving a Pre-Tax Payroll
Plan for Service Credit Purchases." Adopted.
(*96-364) Affidavit of City Manager and Chief of Police Pursuant to
Section 17-11 of the Charter of the City of Alameda. Approved for
filing.
(*96-365) Bills for ratification. Ratified in the amount of
$1,329,237.97.
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(96-366) Report from the Public Works Director recommending
approval of request from East Bay Conversion and Reinvestment
Commission for Grant Funds from the Waste Management Recycling
Program for a Naval -Air Station Demonstration Project on
Deconstruction for salvage, reuse and recycling for buildings
designated for demolition. Accepted.
Neil Patrick Sweeney, Alameda, stated that the City should declare
war on environmental cleanup at the base, and contractors hired for
cleanup offered bonuses and scheduled to work seven days a week.
Councilman Arnerich moved approval of the staff recommendation.
Vice Mayor Mannix seconded the motion, which carried by unanimous
voice vote - 4.
(96-367) Resolution No.12795 "Adopting Regulations for Candidates
for Elective Office Pertaining to Candidates Statements Submitted
to the Voters." Adopted.
Councilman. Arnerich stated that often candidates find money hard to
come by, and he inquired whether the City Clerk would be agreeable
to: 1) a deposit of $100 [rather than a $300 deposit] toward the
printing costs of a Candidate's Statement [in the Voter's
Pamphlet], 2) deposit paid when nomination papers were filed, and
3) the balance of printing costs paid following the election, and
within 10 days [of invoice].
Following the City Clerk's affirmative response, Councilman
Arnerich so moved.
Vice Mayor Mannix seconded the motion, which carried by the
following voice vote: Ayes: Councilmembers Arnerich, Mannix and
President Appezzato - 3. Noes: None. Absent: Councilmember
Lucas - 1. Abstentions: Councilmember DeWitt -1.
(96-368) Resolution No.12796 "Amending the Master Fee Resolution
No. 12191 Revising Permit Application Fee Schedule for Concealed
Weapon Permits and Massage Technician Permits." Adopted.
William Rae, Alameda, stated that concealed weapon permit fees
should not be prohibitive, and that the fear of law abiding
citizens with firearms was largely unfounded.
Lynn Jones, Union City, NRA Alameda County Members Council
Representative, urged the City Council to adopt the model concealed
weapons resolution transmitted to the City Council during the week
of June 24.
Vice Mayor Mannix stated that only fees charged for issuance of the
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permits were being addressed by Council; the fees were based on
actual cost to the Police Department; and he moved the approval of
the staff recommendation,
Councilman Arnerich stated that the fee schedule was appropriate;
and he seconded the motion.
The motion carried by unanimous voice vote - 4.
REGULAR AGENDA ITEMS
(96-369) Resolution No.12797 "Reappointing Judy Tam as a Member of
the Social Service Human Relations Board." Adopted.
Vice Mayor Mannix moved adoption of the resolution. Councilmember
DeWitt seconded the motion, which carried by unanimous voice vote -
4.
The Deputy City Clerk administered the Oath of Office.
(96-370) Resolution No. 12798 "Opposing Deannexation of Vista
College from the Peralta College District and AB 2333". (Vice
Mayor Mannix)
Note: This item was taken out of order.
Rick Greenspan, College of Alameda instructor, stated that the
largest contingent of Alameda's high school seniors attend the
College of Alameda, and keeping the Peralta College system was in
everyone's interest.
Helene Maxwell, College of Alameda Instructor, Representative of
Peralta Community Against Deannexation Group, requested Council to
endorse the resolution, and to transmit a .copy of same to the
California Community College Board of Governors.
Amey Stone, Alameda, Peralta College Trustee, announced that George
Herring, the confirmed President of the College of Alameda, was in
the audience.
The City Council congratulated President Herring on his
appointment.
Vice Mayor Mannix moved adoption of the resolution, and directed
staff to notify the Community College Board of Governors of
Council's position.
Councilman Arnerich seconded the motion, which carried by unanimous
voice vote - 4.
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(96-371) Public Hearing to consider Resolution No. 12799 "Declaring
Sources of Infiltration and Inflow from Storm Water on Private
Property Located in Sanitary Sewer Basin 97 to be a Public
Nuisance; Ordering the Abatement of said Nuisances, and Authorizing
the City Engineer to Take the Necessary Action to Correct Same."
Adopted.
President Appezzato opened the public portion of the Hearing.
There being no public speakers, the public portion of the Hearing
was closed.
Councilman Arnerich moved adoption of the Resolution.
Vice Mayor Mannix seconded the motion, which carried by unanimous
voice vote - 4.
(96-372) Report from Chair, Rent Review Advisory Committee,
regarding rent increases and maintenance concerns at 2045 Clinton
Avenue.
Don Roberts, Alameda, stated that Charles and Honora Murphy,
landlords of said property, did not attend the Rent Review
Committee Meetings which addressed tenants' concerns, nor did they
respond to a letter; tenants have a number of complaints which have
not been addressed; and he inquired why it was necessary to bring
the matter to the Council, and whether the Mayor had intervened
with the Murphys, as suggested by the RRAC Chair,
President Appezzato stated that he believed it was more appropriate
for the matter to be heard before the City Council.
Dan Lasar, Acting Chair, RRAC, stated that rent increases at 2045
Clinton Avenue have been between 15% to 28%; that tenants complain
about many maintenance factors; RRAC has attempted to contact the
Murphys three times without success; landlords should not soak a
tenant to reconvert buildings; rents should not be raised 20% to
30% because of bad management; RRAC has requested the landlords to
consider a 5% rental increase for 6 months in order to provide
tenants time to move, or otherwise; and RRAC requests Council to
contact the landlords or get the landlord to talk to the Committee.
President Appezzato stated that he was sure the public hearing
would serve that purpose.
Barbara Kerr, Alameda, landlord and President of Rental Owners of
Alameda, urged Council to support the RRAC; she stated that the
Committee had an astonishing success rate without police powers,
and its recommendation should be supported.
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President Appezzato stated that Alameda did not have rent control;
RRAC had been highly successful in preventing rent control from
coming to Alameda; and RRAC had done a wonderful job over the
years.
Councilman Arnerich stated that Council should do everything it can
to bring the landlords to the bargaining table.
Vice Mayor Mannix moved approval of the Committee's recommendation
that the City Council acknowledge rent increases at 2045 Clinton
were excessive and placed an unfair burden on the tenants, and
Council encourage the owner to comply with the RRAC's suggestions.
Councilman Arnerich seconded the motion, which carried by unanimous
voice vote - 4.
96-373) Report from Assistant City Manager regarding Boards and
Commissions. (Vice Mayor Mannix).
Barbara Kerr, Alameda, stated that she endorsed the continued
existence of the Rent Review Advisory Committee.
Don Roberts, Alameda, stated that he concurred with Barbara Kerr;
he was concerned the staff report stated that the Cable Television
Advisory Committee should not be abolished, restructured or
eliminated; Federal Communications Commission had pre-empted any
authority for local cities over cable operations; and he believed
the Committee's functions would be best performed under the City's
Public Utilities Board (PUB).
Vice Mayor Mannix stated that boards, commissions and committees
should be periodically reformed and refocused; that without a
review process, there could be poor management and cumbersome
procedures; some boards and commissions were created to insulate
the Council from taking responsibility; he had a high regard for
volunteers; he would like Council to direct the staff to consider
restructuring, refocusing or eliminating some
boards/commissions/committees; and that he would like the following
to be considered: 1) the Public Utilities Board explore the
feasibility of developing an updated Charter; 2) Social Service
Human Relations Board combine the functions of the Mayor's
Committee for the Disabled and Rent Review Advisory Committee with
its functions; 3) Pension Board eliminated when Pensions 1079 and
1082 funds expire; 4) Board of Appeals combine with Planning Board,
and with thirty-day standard for filing an Appeal; 5) Golf
Commission and the Recreation Commission combine into a Leisure
Services Commission; 6) Economic Developilent Commission eliminate
Base Reuse Authority Group overlaps; 7) Traffic Advisory Committee
combine with the Traffic Systems Management Committee and
restructure to reflect changing State mandates, or be eliminated;
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8) Cable Television Advisory Committee combine with the Public
Utilities Board, or be eliminated; 9) Airport Operations Committee
be eliminated when EIR/EIS completed; and 10) the Base Reuse
Authority Group explore restructuring to eliminate redundance with
other City bodies.
Councilman Arnerich stated that possibly the Cable Oversight
Committee could be eliminated; that the Golf Commission and
Recreation Commission were combined previously, and it was
disastrous; and Council should receive input from staff.
President Appezzato stated that it may be a good idea to look at
the committees; prior to the removal of any committee, it should
report on its function and how it served the City; the more
citizens involved in government, the better government is; and that
volunteers were valuable.
Vice Mayor Mannix stated that he also liked volunteerism; and that
he was requesting committee- chairs and members to report back with
recommendations.
Vice Mayor Mannix moved acceptance of the staff recommendation ".
. . that if the Council was inclined toward any changes in
structure or role, the respective board, commission or committee
should be asked to provide comments and concerns before any final
action was taken," and acceptance of Council's comments.
Councilman Arnerich seconded the motion, which carried by unanimous
voice vote - 4.
(96-374) Report from Planning Director regarding the Planning
Board's recommendation on the home ownership goals for Alameda.
(Councilmember Lucas).
Neil Patrick Sweeney, Alameda, encouraged the use of the Internet
to accomplish home ownership goals.
Barbara Kerr, Alameda, stated that she strongly supports a 70% home
ownership goal; there is a supply of single-family dwellings in
Alameda which were available to first-time home buyers; and that
she was advised by the County Auditor Office's there were 12,504
homeowner exemptions in the City of Alameda which is over 1,200
less than the number quoted in the Planning Director's report.
Eve Roberson, Alameda, Chair, Local Government Relations Committee,
Alameda Association of Realtors, spoke on behalf of the
Association's President; she stated that the Association agreed
with the Planning Board recommendation for at least a 60% homeowner
occupancy for Alameda; that home ownership opportunities may be
available now, such as the Buena Vista Apartments; such buildings
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should be targeted in order to reach goals; and in addition to the
Planning Board's recommendations, the Association recommended that
the Planning Department be included in the group to study the
matter; and the Association also encouraged that consideration of
amending the Condominium Conversion Ordinance be given high
priority.
Councilman Arnerich stated that the recommendation should be
approved; home ownership goal should be established at 60%; and
staff should work with realtors and Planning on reaching goal; and
he so moved.
Councilmember DeWitt seconded the motion.
Under discussion, Vice Mayor Mannix stated that home ownership
should be encouraged; that every assistance program available
should be explored, including the re-evaluation of how the City
distributes CDGB funding; goal setting had a tendency to interfere
with market forces, and could meddle in people's personal
investments; City should not set goals, but measure successes; and
the successes should be reported annually.
In response to President Appezzato's inquiry, the Planning Director
stated that the 60% goal was consistent with the goals of the
Housing Element; and the Metroscan Program was used to calculate
the number of properties identified as residential, including
individual condominium units.
President Appezzato stated that the City should pursue home
ownership; he had no difficulty with the 60% home ownership goal;
staff should pursue an exact home ownership figure for Alameda; he
was concerned with the Planning Board's recommendation that no
increase in taxes (property transfer tax or business license taxes)
should be considered to advance the goal of home ownership; he did
not believe there should be special preferences, and he did not
intend to raise taxes; and he further commented that he would
support the Planning Board's recommendations that the City Council
should 1) adopt a City-wide home ownership goal of 60% and, and 2)
direct the Community Development Department to work with realtors
to develop strategies and programs to implement goal.
President Appezzato further stated that he had a major concern
regarding amending the City's Condominium Conversion Ordinance; he
believed there could be changes to allow the conversion of
condominiums that would not go forward under the City's strict
Ordinance; the Ordinance was in place to ensure that Alameda would
not have sub-standard housing; and he would be very concerned if
there was a move to completely strip the Ordinance to foster home
ownership.
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On the call for the question, the motion failed by the following
voice vote: Ayes: Councilmembers Arnerich and DeWitt - 2; Noes:
President Appezzato and Vice Mayor Mannix - 2. Absent:
Councilmember Lucas - 1.
(96-375) Resolution No. 12800 "Amending Master Fee Resolution No.
12191 by Establishing and Increasing Various Chuck Corica Golf
Complex Rates." Adopted.
Bert Morgan, Alameda, stated that the matter should be deferred,
and the rates and allocation of funds for Golf Course improvements
reviewed and presented to the Golf Commission and Council.
Stephen Palmer, Alameda, stated that he opposed the elimination of
the Driving Range Discount Card.
Fred Leitz, Golf Commissioner, stated that rate increases were
necessary for Golf Course improvements, and Council must look at
whether the City should subsidize residents and senior non-
residents at the Course.
Councilmember DeWitt stated that the Golf Commission unanimously
approved the recommendation; and he moved approval of fee proposal.
Councilman Arnerich stated that the fee proposal was for Golf
Course improvements, and the golfers were owed improvements; and
that a formula should be developed for allocating funds to the Golf
Course and to the City.
Councilman Arnerich seconded Councilmember DeWitt's motion.
Under discussion, Vice Mayor Mannix stated that there was a new
management team at the Golf Course evaluating resources; there
should be a concerted effort to identify other sources of revenue
and how they could be maximized; the proposed fee increase should
be in phases: one dollar now and one dollar in 1997; that
consideration should be given to the rate for the military not
being eliminated until April 1, 1997, when the military leaves; and
he requested Councilmember DeWitt to amend his motion to include
his comment regarding the military rate.
Councilmember DeWitt stated that he wanted to approve the fee
proposal as submitted in the recommendation.
In response to President Appezzato's inquiry, the City Manager
stated that the Report includes monies transferred to the General
Fund, including reimbursements to City departments for services
provided to the Golf Division--other than the 1% pilot payment in
lieu of taxes approved by the Council for Enterprise Funds; Council
had adopted a budget for the coming year, therefore the proposed
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rate increase would not change said budget; and that the rate
increase was proposed to finance projects that would not be
completed otherwise.
President Appezzato inquired whether Golf monies were used to fund
baseball field and Police salaries.
The City Manager responded that Golf Course funds go into the
General Fund, and that the General Fund paid for the salaries of
most City employees and for whatever Council deems necessary.
President Appezzato stated that he would not approve more fees or
taxes when the City continues to transfer monies to the County or
to buy land.
On the call for the question, the motion to adopt the Resolution
failed by the following voice vote: ,Ayes: Councilman Arnerich and
Councilmember DeWitt - 2. Noes: Vice Mayor Mannix and President
Appezzato -2. Absent: Councilmember Lucas - 1.
Vice Mayor Mannix moved approval of the recommendation, with
proviso that the fee increase be in phases: one dollar now and one
dollar July 1997, and that Military Rate remain in effect until
April 1, 1997.
Councilman Arnerich seconded the motion.
President Appezzato stated that he would be most vigilant to ensure
that the Golf Course Enterprise Funds stay at the Golf Course and
be used for the Driving Range this fall.
On call for the question, the motion carried by the following voice
vote: Ayes: Councilmembers Arnerich, DeWitt, and Mannix - 3.
Noes: President Appezzato - 1. Absent: Councilmember Lucas - 1.
(96-376) Report from General Manager, Golf Complex, regarding
commercial advertising at the Golf Course.
Fred Leitz, Alameda, stated that he is not in favor of commercial
advertising at the Golf Course.
Norma Arnerich, President, Alameda Junior Golf Club Advisory Board,
stated that advertising will not help the golfers or the Enterprise
Fund; local charities would lose; and she urged Council to support
the Golf Commission's recommendation that the City Council not
allow advertisement at the Golf Complex.
Don Roberts, Alameda, urged Council to abide by the recommendation
of the Golf Commission.
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Bert Morgan, Alameda, stated that he supported the recommendation.
Gerhard Degemann, Alameda, stated that he supported the Golf
Commission's position.
In response to President Appezzato's inquiry, the City Manager
stated that prior policy was not to have advertising in any of the
parks, including the Golf Course.
Councilmember DeWitt moved that the Council uphold the unanimous
recommendation of the Golf Commission to not allow advertisement at
the Golf Course.
Councilman Arnerich seconded the motion.
Under discussion, Vice Mayor Mannix stated that he did not have a
strong opinion one way or another on this particular issue.
President Appezzato stated that he agreed with Norma Arnerich's
statement that commercial advertising at the Golf Course did not
make fiscal sense, and he would support the recommendation.
On the call for the question, the motion carried by unanimous voice
vote - 4.
(96-377) Final Passage of Ordinance No. 2727 "Amending the Alameda
Municipal Code by Amending Section 30-2 (Definitions) of Section
30-1 (Zoning Plan), Article I (Zoning Districts and Regulations);
Section 30-4 (District Uses and Regulations); and Section 30-21
(Variances, Use Permits: Procedure); of Chapter XXX (Development
Regulations) Thereof, to Allow Hazardous Materials Processing
Facilities by Conditional Use Permit in the M-2 (General Industrial
Manufacturing) District, for Consistency with the Alameda County
Hazardous Waste Management Plan." Finally passed.
Vice Mayor Mannix moved final passage of the Ordinance.
Councilman Arnerich seconded the motion, which carried by unanimous
voice vote - 4.
ORAL COMMUNICATIONS, NON-AGENDA (Public Comment)
(96-378) Neil Patrick Sweeney, Alameda, announced several upcoming
local events.
(96-379) Susan McCormack, owner of the Webster House Bed and
Breakfast, stated that she had received the floor plan for the
Webster House from an 1852 book; the floor plan was an original
A.J. Downing premiere Gothic Revival; and that her sixth-grade
nephew, John Edward Denning, II provided the information; said
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information allows for the Webster House to be placed on the
National Registry. Ms. McCormack suggested that Council support the
formation of a new organization, Save Our Heritage Organization,
now in San Diego; she stated that the organization would accurately
document and register properties free of charge; said organization
was not political; the benefits to the City would be appraisals of
historical homes and the availability of lenders; and that Council
should issue a proclamation recognizing the research and work done
by her nephew.
President Appezzato directed the City Manager to recognize Mr.
Denning with a letter and/or certificate of recognition.
(96-380) William McCall Sr., former Alameda Mayor, stated that he
opposed San Leandro's homeless relocating to Alameda.
President Appezzato directed that this issue be agendized for
consideration at the Alameda Reuse and Redevelopment Authority
Meeting in August.
(96-381) Gerhard Degemann, Alameda, stated that he would like to be
able to address the Council following their discussion and vote on
agenda items, and he suggested matter be agendized for the next
Council meeting.
(96-382) President Appezzato advised Council that there were two
citizens who wished to address the Rent Review Advisory Committee
(RRAC) issue heard earlier.
Councilmember DeWitt moved that Council hear the speakers'
comments. Vice Mayor Mannix seconded the motion, which carried by
the following voice vote: Ayes: Councilmembers DeWitt, Mannix and
President Appezzato - 3. Noes: Councilman Arnerich - 1. Absent:
Councilmember Lucas - 1.
Pam Mason, Alameda, requested clarification on Council's action
earlier in the evening.
President Appezzato stated that the RRAC's recommendation was for
City Council to recognize that the rent increase at 2045 Clinton
Avenue was obsessive and placed an unfair burden on the tenants,
and to encourage the owner to comply with the Committee's
suggestions.
Karen Moderwald, Alameda, stated that the City Building Inspector
had issued two violations at 2045 Clinton Avenue; and she requested
that said violations be emphasized as well.
COUNCIL COMMUNICATIONS
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(96-383) Vice Mayor Mannix directed staff to report on the
feasibility of changing Times Way to Barbara Stevenson Way.
(96-384) President Appezzato requested Mr. Degemann to put his
request, earlier Oral Communication regarding public speakers, in
writing.
(96-385) President Appezzato stated that all communications to the
Council should be routinely placed on the Agenda under Written
Communications; if there are no speakers and Council does not wish
to discuss a communication, the communications would be accepted
without comment, en masse; and Gerhard Degemann's letter would be
the first.
(96-386) Councilmember DeWitt stated that he would like the
residents of Alameda to be informed on recent construction projects
at the Oakland International Airport and the matter of compliance
with the California Environmental Quality Act; there were projects
under construction which could impact the citizens of Alameda, and
has not bee considered under the Environmental Quality Act; he was
in possession of a letter from the Citizens League for Airport
Safety and Serenity addressed to the City Manager, dated June 26;
and that he would like that letter to be forwarded to the Airport
Operations Committee for consideration and recommendation to the
Council.
(96-387) Councilman Arnerich stated that Dana Banke, new General
Manager of the Golf Complex, was in the audience and should be
recognized; and that Mr. Banke was a good selection.
ADJOURNMENT
(96-388) Mayor Appezzato adjourned the meeting at 10:34 p.m.
Respectfully submitted,
DIANE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted in advance in accordance
with the Brown Act.
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