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1995-09-05 Regular CC Minutes29 MINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL SEPTEMBER 5. 1995 The meeting convened at 8:14 p.m., with Mayor Appezzato presiding. The Pledge of Allegiance was led by Vice Mayor Mannix. Reverend Daniel Weller, Alameda Community Church, gave the invocation. ROLL CALL - Present: Absent: Councilmembers Arnerich, DeWitt, Lucas, Vice Mayor Mannix and President Appezzato - 5. None. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY None. CONSENT CALENDAR President Appezzato announced that item 4-F [Resolution Terminating the Regulatory Agreement Between the City of Alameda and the Housing Authority of the City of Alameda Related to the Development of Twelve Units of Seniors Housing at 2201 Santa Clara Avenue and Actions to Authorize Acquisition of 12 Condominiums] was withdrawn from the agenda; and item 4-G (95-542.) [Resolution Declaring the Need for and Support of the Bradley-Burns Bill of Rights] was pulled for public discussion. Vice Mayor Mannix moved approval of the remainder of the Consent Calendar. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. (*95-536) Minutes of the Special and Regular Council Meetings of August 15, 1995. Approved. (*95-537) Report from City Manager recommending the Mayor be authorized to send a letter opposing AB 49XX (which would require cities to fund county LAFCO staff) to State Representatives. Accepted. (*95-538) Report from Finance Director transmitting Investment Portfolio for Period Ending July 31, 1995. Accepted. Regular Meeting, Alameda City Council September 5, 1995 294 (*95-539) Report from Public Works Director recommending Adoption of Plans and Specifications and Calling for Bids for Construction of a new Recreation Building and Playground Improvements at Krusi Park, No. P.W. 08-95-16. Accepted. (*95-540) Resolution No. 12681 "Supporting California Senate Bill 793 pertaining to Emergency Funding for School Districts Impacted by Base Closures." (Mayor Appezzato) Adopted. (*95-541) Bills, certified by the City Manager to be true and correct, were ratified in the sum of $2,920,701.22. Approved. (95-542) Resolution No. 12682 "Declaring the Need for and Support of the Bradley-Burns Bill of Rights." Adopted. Councilmember Lucas stated that the Board of Equalization is an example of the arrogance of some governmental agencies in imposing obligations and not listening to the governments that are affected; and that the intent of the Bradley-Burns Bill of Rights would limit the rights of the Board of Equalization and make it more open to access by the public. Councilmember Lucas moved adoption of the Resolution. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. Discussion was held on previously approved Consent Calendar Item 4-E (95-540) FResolution No. 12681 "Supporting California Senate Bill 793 pertaining to Emergency Funding for School Districts Impacted by Base Closures."]. Don Bergen, Alameda, addressed the Council in opposition to the Resolution and suggested that school districts reduce budgets to compensate for emergency funding. Mayor Appezzato stated that President Clinton announced a grant of $3.4 million for Cal Start to produce electric transportation vehicles at the Naval Air Station; that the Base will be closed in two years; that the President's grant was the first of many successful initiatives at the Naval Air Station. 5. REGULAR AGENDA ITEMS (95-543) Resolution No. 12683 "Appointing Anthony Daysog as a Member of the City Economic Development Commission (Community At Large)." Adopted. Regular Meeting, Alameda City Council September 5, 1995 295 Vice Mayor Mannix 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 to Mr. Daysog. Neil Patrick Sweeney, Alameda, addressed the Council in support of the appointment. (95-544) Resolution No. 12684 "Appointing Ronald J. Rossi as a Member of the City Planning Board." Adopted. Councilmember Lucas moved adoption of the Resolution. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office to Mr. Rossi. (95-545) Resolution No. 12685 "Declaring the Property Located at 1310 Pacific Avenue a Nuisance and Ordering its Abatement." Adopted. Mayor Appezzato explained the procedures for conducting the Abatement Hearing. The City Clerk swore in members of City staff and persons who desired to testify during the Abatement Hearing. The Assistant City Attorney stated that as part of the City's presentation of its case against the property at 1310 Pacific, she would like to have the staff report dated August 28, 1995, entered into evidence. Mayor Appezzato accepted the report into the record. The Assistant City Attorney gave an overview of the proceedings; stated that she will briefly present the City's case by questioning various staff members; that Council will have the opportunity to question staff members; that Mr. Haun, owner of said property, may cross examine staff members; that Mr. Haun will then present his case; that Council will have the opportunity to question Mr. Haun; and that individuals wishing to testify may then do so. In response to the Assistant City Attorney's inquiries, Steve Davis, Chief Building Inspector, Public Works Department, City of Alameda, stated that he has been the Chief Building Inspector for approximately five years; that he is familiar with the property at 1310 Pacific; that he determined who the owner of said property was through a review of County Tax Records; explained that the building permit application signed by him was issued to Mr. Haun, owner of property at 1310 Pacific; stated that the description on the permit Regular Meeting_ Alameda City Council September 5, 1995 296 states, "Repair building as required by Notice including sewer repairs."; that at the time of issuance, attached to the building permit application was a copy of the Notice to Abate; that to the best of his knowledge, since date of issuance, there has been no correction to the building under said permit; that he visited said property on August 24, 1995, to determine if any work had been completed; that on said date, it appeared to him that no progress had been made; that the property was essentially in the same condition it had been prior to the issuance of the permit; that on August 28th he took photos of the property which are included in the staff report; that three photographs are provided, one showing a general overview of the property which depicts an accumulation of debris on the property, tall weeds, badly dilapidated front entrance stairs with boards missing, and several broken windows; that the other two photos further show more detail of the property, such as overgrowth and collection of debris along the driveway and in the front of the building; and that in his opinion, the property is in such dire need of repair that it should probably not be considered a decent residence; that clearly the property needs substantial repair; and that the property owner should be required to comply with the ordered repair. In response to the Assistant City Attorney's inquiry, Mayor Appezzato stated that Council had no questions of Mr. Davis at this time. In response to the Assistant City Attorney's inquiry, Mr. Haun stated that he had no questions of Mr. Davis. In response to the Assistant City Attorney's inquiries, Ken Stevens, Building Inspections Supervisor, Public Works Department, City of Alameda, stated that he has been the Building Inspections Supervisor for approximately one year and employed by the City for ten; that he is familiar with the property at 1310 Pacific; that on May 4, 1995, he posted the original Notice of Sanitary and Safety Improvements which was made a part of the record; that as a result of the posting, the weeds and debris were cleaned up somewhat, but the weeds had grown back and subsequent debris had been stored around the premise; that on February 8, 1995, at approximately 12:45 p.m, he attempted to inspect the property to determine if there were any Health or Safety Code violations; that he found the structure in extreme run-down condition; that the front entry stairs were unsafe; that there were numerous boxes of debris and garbage blocking the front porch; that looking through some windows, he could see an excessive amount of debris stored inside the house; that on February 8, 1995, he took five photos of the property which are included in Council's packet; that the first photo shows the front entry stairs which are very unsafe; that one could walk on the stairs but really had to watch where one walked; that many boards on the stairs were loose and missing; that the second picture shows boxes of debris and garbage on the porch; that Regular Meting, Alameda City Council September 5, 1995 297 the third picture shows more debris at the entry; that remaining two pictures were taken by looking through broken windows which show how the interior of the building is stored with excessive debris; that on April 26, 1995, he posted a copy of a 24-Hour Notice and Request for Inspection; that as a result of said posting, an inspection was made on May 2, 1995; that said inspection resulted in the building being in violation of different sections of the Alameda Building Code, Alameda Plumbing Code, and the State Housing Laws: Alameda Building Code Section 203, Unsafe Structures or Buildings, the front porch and stairs dilapidated and unsafe; that the rear exit from the building had no porch and the stairs were unsafe; Alameda Plumbing Code, Part 1-10.4(d), the plumbing system was not properly maintained; that there was some exterior plumbing at the right-rear side of the structure that was leaking and water was running down the outside of the building, which he could not determine at the time if it was water or sewage; California Health and Safety Code, Section 17920.3(a)11, roof and exterior wall coverings dilapidated and leak; that the windows were broken; California Health and Safety Code, Section 17920.3(b)2, front porch and stairs were dilapidated and unsafe, the rear stairs were dilapidated and unsafe; California Health and Safety Code, Sections 17920.3(g)2, (g)3, and (g)4, also makes reference to the exterior wall coverings and roof coverings, and broken and missing windows, and paint not being properly maintained which is going to cause deterioration of the wood and structure; that California Health and Safety Code, Section 17920.3(1), has to do with adequate exits from the building and is in reference to the front- and rear- entry stairs which are dilapidated and unsafe; that the Notice also notes that the list of violations is not conclusive because of the excessive amount of debris in and around the structure; that he would recommend that after the structure is cleaned up, that the City make another inspection to determine if any other violations of various codes exist which currently cannot be determined due to the structure's current state; that on June 8, 1995, he signed a copy of the Notice and Order to Mr. Harold Leroy Haun; that the violations notated on June 8, 1995, were similar to the ones found on the May 2, 1995, inspection; that on August 1, 1995, he visited the property, and observed no signs that the structure was being worked on; that on August 10, 1995, he observed no signs that the structure was being worked on; that on August 16, 1995, he observed no signs that the structure was being worked on; that September 5, 1995, was the last date he inspected the property; that on said date he observed Mr. Haun cleaning up the weeds and debris, and working outside on the structure; that it appears that some of the debris had been removed and the weeds cut down; that he observed no signs that the building had been worked on; that the plumbing still leaks at the rear corner of the building; and that in his opinion, there has not been substantial progress in abating the various problems at said property over the period of time he has been working on said project. Regular Meeiting, Alameda City Council September 5, 1995 Mayor Appezzato stated that Council had no questions of Mr. Stevens at this time. In response to Mayor Appezzato's inquiry, Mr. Haun stated that he had no questions of Mr. Stevens. In response to the Assistant City Attorney's inquiries, Mike Devlin, Fire Marshall, Fire Department, City of Alameda, stated that he has been the Fire Marshall for three years; that the 1310 Pacific Avenue project first came to his attention when he became Fire Marshall three years ago, although records indicate that problems have existed since 1968; that on May 2, 1995, he participated in an inspection of the property at 1310 Pacific Avenue; that during said inspection of the exterior building, he noticed a very high degree of growth and debris throughout all of the building, front, rear, and all sides; that he observed a large accumulation of rubbish on the front porch; that the exterior doors to the front and rear were not accessible; that there were storage of corrosives throughout the house; that batteries and a large number of tires were stored outside; that all mentioned items fall under the Uniform Fire Code; that on June 13, 1995, he signed a Notice and Order to Mr. Harold Leroy Haun which set forth the violations; that said violations consisted of the aforementioned; that on July 17, 1995, he signed a Notice to Abate the Nuisance for stated violations; that he has observed no progress on the property whatsoever until today; that he visited said property earlier in the day and for the first time observed Mr. Haun in front of his home clearing some of the weeds; that some of the weeds have been cleared from the front of his garage and an area in front of his porch; that the entire property is covered with weeds; that the back of house, especially, is overgrown with weeds; that very little progress has been made and work was started at the last minute; that not only does a substantial fire hazard exists, but a major safety hazard to anyone living in the structure and to any emergency staff that may be called to said structure to make some type of a rescue; that no doubt the emergency staffs' lives would be in as much danger; that every window on the property is broken and glass is everywhere; and that he considers the property to be very much a nuisance. Mayor Appezzato stated that Council had no questions of Mr. Devlin at this time. In response to Mayor Appezzato's inquiry, Mr. Haun stated that he had no questions of Mr. Devlin. In response to the Assistant City Attorney's inquiries, Steven McKinley, Assistant Fire Marshall, Fire Department, City of Alameda, stated he has been the Assistant Fire Marshall for three years; that he has been familiar with the project at 1310 Pacific Avenue for 14 years; on April 26, 1995, he signed a 24-Hour Notice Regular Meeting, Alameda City- Council September 5, 1995 299 0 o indicating that the City was going to get an inspection warrant on said property; that the inspection was going to be based on the outside presence of the building; that there was a number of weeds, batteries and tires; that one could observe from the outside of the building that there was possibly exits being blocked; that the porch was covered with debris; that upon looking inside the windows, it was observed that the staircase was totally covered with combustible materials; that the interior rooms appeared to have a large amount of combustible materials; that he was present at the May 2, 1995, inspection; that he made an interior inspection on May 2, 1995; that upon entering the structure, there was a pathway approximately 12 to 16 inches that you could walk to the upstairs; that upon reaching the top of the staircase, there was a continuous pathway to the bedroom area and into the kitchen area; that at no point was there more than 3 square feet of area that was not covered at least by two to three feet of combustible materials; that there was no way to make entry into any part of the downstairs area at all; that he had to take pictures from the staircase while leaning over same; that the downstairs area contained car batteries, boxes, some furniture, trash and a large amount of combustible materials up to three to four feet high throughout the said area; that it appears that the photos taken of the interior were ones taken by him, which shows the debris in the bedroom and on the stairway; that Exhibit "M" consisted of color photos, six of which were taken of the interior; that one photo shows a refrigerator that is partially buried in the back on what would appear to be a kitchen in the lower portion; that the interior of 1310 Pacific Avenue was an extreme fire hazard, especially with any type of utility, or if a gas appliance was being utilized, or if anyone was cooking, that a spark could cause a fire to run rapid; that it would be a tough fire for firefighters to fight because of all the debris; that in his opinion, 1310 Pacific Avenue is both a life and safety hazard; that said hazards exist not only for Mr. Haun but also for firefighters who may have to enter the building to make a rescue and experience difficulty in climbing over the trash and debris. In response to Councilman Arnerich's inquiry, Mr. McKinley stated that the refrigerator did have a door but it could not be opened due to blockage from trash and debris; that from what he could observe, said door was not the type that would self-lock; that said refrigerator appeared to be a newer model with a magnetic lock; and that if a child got inside the refrigerator, he/she could push said door open. In response to Councilman Arnerich's further inquiry, Mr. McKinley stated that he was not positive the refrigerator door had a magnetic lock due to having to observe the refrigerator from a distance because of the debris and trash. Regular Meeting, Alameda City Council September 5, 1995 300 Councilman Arnerich expressed grave concern for any children who may accidently lock themselves inside the refrigerator, which could result in serious harm or death. In response to Councilmember Lucas' inquiry, Mr. McKinley stated that he believed the utilities were hooked up; and that he believed Mr. Haun resided part-time in the home at 1310 Pacific Avenue. In response to Councilmember Lucas' further inquiry, Mr. McKinley stated that if Mr. Haun was currently residing at said property, it would be difficult to disconnect the utilities, even if for safety reasons; that it was possible to red tag the building and have the utilities turned off; that in his opinion, turning off Mr. Haun's utilities would slow the repair process down considerably, and that the easiest way to handle the situation is to clean up the debris. In response to Mayor Appezzato's inquiry, Mr. Haun stated that he had no questions of Mr. McKinley, and that the refrigerator does indeed have a magnetic door and would not accidently lock a person inside. Mayor Appezzato inquired if Mr. Haun desired to submit any evidence or provide witnesses to speak on his behalf. Harold Leroy Haun, Alameda, thanked the Mayor, Council, his neighbors and citizens of Alameda; stated that if it was not for the fact that he had pneumonia, the meeting would not be necessary because he intends to clean up his property and get rid of the debris; that his first objective is to take care of the fire hazards; that the reason why he was cleaning up the front of building because he wants it to look better as soon as possible for his neighbors; that his neighbors have been very tolerant; that he is embarrassed and ashamed; that a month ago he was given 30 days to clean up said property, but caught pneumonia and could not follow through; that he can do so at this time and requested a 30- day extension, without abatement; that he is close to being in real bad shape; that he has been cleaning up the front of the property and getting rid of the debris; that removal of the debris from the front of the property was necessary before he could attend to the inside; that his aim is to stop the leak as soon as possible, comply with the fire regulations as soon as possible, and then start repairs; that he will repair the stairs in the near future so they will be safe; that he is a good carpenter and knows what to do; that it is just a matter of getting to all the repairs and getting it done; and that he promises he will pursue compliance everyday and get it done. Mayor Appezzato inquired if Mr. Haun desired to submit any evidence or provide witnesses to speak on his behalf? Regular Meeting, Alameda City Council September 5, 1995 301 Mr. Haun stated that he had no witnesses to speak on his behalf. In response to Mayor Appezzato's inquiry, the Council had no questions for Mr. Haun at this time. The follow persons addressed the Council in support of the Resolution: Nancy Guinther, Alameda Darlene Simmons, Alameda Kim Coyne, Alameda Sebastian Baldassarre, Alameda The following person addressed the Council in opposition to the Resolution: Shirley Cummins, Alameda Neil Patrick Sweeney, Alameda. Don Bergen, Alameda, discussed financing options, e.g. reverse mortgages. Councilman Arnerich stated that problems have existed at said property for 25 years; that he does not believe Mr. Haun is capable of making said repairs due to health and financial reasons; and expressed grave concern for Mr. Haun's well-being, including that of his neighbors. In response to Vice Mayor Mannix's inquiry, Mr. Haun stated that he resides at said property. Mr. Peacock, Alameda, addressed the Council in opposition to the Resolution and offered $5,000 as seed money to assist in the clean up of Mr. Haun's property. President Appezzato stated that he did not believe Council should be involved in this type of financial consideration, and that Mr. Peacock should speak directly with Mr. Haun. In response to President Appezzato's inquiry, the Assistant City Attorney stated that the City may be able to work something out for Mr. Peacock to donate the money. Mr. Haun stated that he has refused help in the past due to those assisting wanting to remove everything from the premises; and that due to his health condition, he would welcome assistance in repairs and cleaning up of his property. Councilman Arnerich expressed concern for delaying the immediate repair and clean up of Mr. Haun's property and the possible Regular Meeting. Alameda City Council September 5, 1995 2 consequences suffered by the City should something go wrong before said property is abated. In response to Councilman Arnerich's inquiry, the Assistant City Attorney stated that under the proposed Resolution, the City has given Mr. Haun 30 days to comply with the violation sections; that if Mr. Haun does not act at that time, then City contractors will go in for abatement; that the case has been evaluated and has existed for a long time; and that 30 days more probably would not increase the City's liability any more than it has in the past. Vice Mayor Mannix stated that said matter was difficult due to the human aspect; that it was probably due to Mr. Haun being such a nice gentleman that this matter has been prolonged for so long; that the records show that the City has tried to take action since 1968 without much being resolved; that Mr. Haun's good intentions are not enough; and that it was time for the City Council to resolve said matter. Vice Mayor Mannix moved adoption of the Resolution. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. President Appezzato stated that he empathized with Mr. Haun's situation; that said matter was an extreme health and safety issue for not only Mr. Haun but his neighbors too; and that if Council did not take action immediately and something drastic happened to Mr. Haun or his neighbors, he and Council would regret not taking appropriate action. Council recessed at 9:26 p.m. and reconvened at 9:36 p.m. (95-546) Public Hearing to consider Resolution No. 12686 "Approving an Amendment to Resolution 10831, City of Alameda EIR Guidelines, Relating to the Circulations and Comment Period for a Negative Declaration." Adopted. President Appezzato opened the public portion of the public hearing. Due to no speakers, President Appezzato closed the public portion of the public hearing. Councilmember Lucas moved adoption of the Resolution. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. (95-547) Public Hearing to consider a report to the City Council on Zoning Amendment ZA-95-3, City of Alameda, City-wide, and Extending the Interim Ordinance for City-wide Moratorium on the Regular Meeting, Alameda City Council September 5, 1995 30V establishment of new convenience stores and liquor stores until effective date of ordinance; and Introduction of alternate Ordinance Amending the Alameda Municipal Code by Amending Section 30-2 (Definitions), Section 30-12 (Additional Requirements for Bars and Packaged Liquor Stores), Section 30-4.10 (C-M, Commercial Manufacturing District), Section 30-4.11 (M-1, Intermediate Industrial District) and Section 30-4.12 (M-2, General Industrial District), to Revise Definitions and Regulations for Convenience Stores, Grocery Stores, and Liquor Stores. Introduced. President Appezzato opened the public portion of the public hearing. The following persons addressed the Council in support: Thomas Jordan, Executive Director, Community of Harbor Bay Isle The following persons addressed the Council in opposition: Andrew McCormack, Alameda Susan McCormack, Alameda Don Roberts, Alameda. President Appezzato closed the public portion of the public hearing. Councilmember DeWitt moved that the Interim Ordinance regarding convenience stores and liquor stores be extended. Councilmember DeWitt spoke in favor of separating liquor stores from convenience stores. Mayor Appezzato briefly reviewed staff's five recommendations. Following said review and Council discuss, Councilmember DeWitt withdrew his motion. Councilmember Lucas concurred with Councilmember DeWitt's comments separating liquor stores from convenience stores. The Planning Director briefly reviewed the staff and supplemental staff reports. In response to Councilman Arnerich's inquiries, the Assistant City Attorney stated that the public received sufficient notice regarding the supplemental staff report; and that the subject was noticed in accordance with the Brown Act, Regular Meeting, Alameda City Council September 5, 1995 304 Vice Mayor Mannix spoke in support of forming a task force, and stated that a 60-day time period should be established. Vice Mayor Mannix moved that the City Manager be directed to form a task force for a 60-day period to discuss appropriate regulation and definition for restaurants; with representation from the business community, residents, the Economic Development Commission, the Planning Board and a City Council member. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. Councilmember Lucas moved that the Interim Ordinance regarding convenience stores and liquor stores be extended until such time as the [Alternate] Ordinance is in full force and effect. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. Vice Mayor Mannix moved that the Interim Ordinance imposing a 45- day moratorium for new restaurants citywide not be adopted. Councilmember DeWitt seconded the motion. With the consent of Councilmember DeWitt, Vice Mayor Mannix withdrew said motion because it was unnecessary. Councilman Arnerich moved that the report be issued describing the steps taken to address the problems for which the moratorium was adopted in compliance with State law (California Government Code Section 65858 (d). Councilman DeWitt seconded the motion, which carried by unanimous voice vote - 5. Councilmember Lucas moved that the City Manager be authorized to issue a report describing the steps taken to address the problems for which the moratorium was adopted 10 days prior to the expiry of the extended moratorium. Vice Mayor Mannix seconded the motion, whichcarried by unanimous voice vote - 5. The Planning Director briefly discussed the definition of liquor store, various regulations, and separation requirements; and stated that the proposed ordinance would require Use Permits for convenience stores. Councilmember Lucas moved introduction of the alternate Ordinance. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote -5. (95-548) Report from Golf Commission Chair recommending Appointments of Two Members of the City Council to Serve as Ex- Officio Members of the Golf Commission. Ed Trevethan, Chair, Golf Commission, addressed the Council in support of recommendation. Regular Meeting, Alameda City Council September 5, 1995 305 Cal Santare, Golf Commissioner, addressed the Council in support of recommendation and that said recommendation was two -fold: to provide the Commission leadership, and to assist with bureaucratic challenges. Linda Nelson, Acting Chair, League of Women Voters, addressed the Council in opposition to the recommendation; stated that by appointing Councilmembers as ex- officio members, Council would appear to be providing special treatment and using influence; and that Council is setting itself up for criticism by having ex- officio members only on some bodies. Following comments by Ms. Nelson, Mayor Appezzato stated that he would like to Council to request the City Attorney to provide a written legal opinion on whether the recommendation is appropriate, and to hold the matter over for a report back. Councilmember DeWitt stated that there are other committees Councilmembers serve on; that he serves on the Airport Operations Advisory Committee; that he believes Council serving on committees has already been established; and that one ex- officio member would be sufficient. Councilmember Lucas stated that she would like the City Attorney to address the League's concern regarding good government, and that the matter be addressed in two weeks. Vice Mayor Mannix stated that Councilmembers sit on a number of committees, and he does not see the complication. Councilmember Lucas commented that those committees do not report to the City Council. Vice Mayor Mannix responded that the Transportation Systems Management Committee reports to Council. Councilmember Lucas stated that staff can respond to that issue too. Councilman Arnerich stated that it [recommendation] is legal. The Assistant City Attorney stated that she would like an opportunity to review the issues. Councilman Arnerich moved that Council accept the recommendation to appoint two Councilmembers to serve as ex- officio members of the Golf Commission. Vice Mayor Mannix inquired if Councilman Arnerich would consider one ex- officio member. Acguiar Mectin €, Alanata City Coim■LI September 5, 7'95 310 the City of Alameda agree to pay that incremental cost to be entirely legitimate. However, in the interest of truly opening up a new era of Alameda, Port of Oakland mutual trust and regional cooperation, I have decided to eliminate any such guarantee for obligation to pay the incremental cost as a condition to the easement. In the future, if there is any action on this pipe dredging, the Port will pick up the costs. I think you know I am committed to being a good and cooperative neighbor to Alameda, and I hope this action validates the Port's commitment. Clearly, it is time for us to build a new and mutually profitable trust between two closely connected neighbors. Mr. Mayor, many thanks for your support and cooperation." The motion carried by unanimous voice vote - 5. (95 -554) Final Passage of Ordinance No. 2699 "Amending the Alameda Municipal Code by Repealing Section 5 -29 (Parades), of Chapter V (Licenses and Permits), Relating to Parade Permits, and Adding a New Section 5 -29 Relating to Permits for Parades, Athletic Events and Public Assemblies." Finally adopted. Councilmember Lucas moved final passage of Ordinance. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON - AGENDA (Public Comment) (95 -555) Don Bergen, Alameda, stated that he would like Item 4 -E placed on the September 19th agenda, because his speaker slip was not provided to the Council until action was taken on the matter. (95 -556) Earl Peacock, Alameda, Chair, Grass Roots Committee for Fair Taxation, stated that the City should discontinue negotiations with the County regarding responsibilities for the Estuary bridges; that he would like to represent the City; and that a brief may have to be filed with a federal judge. President Appezzato stated that the Board of Supervisors will be addressing the issues on September 12, 1995. 05 -557) Gary McAfee, Alameda, stated that he submitted a letter to the City Council regarding his Base Reuse Application and the Conversion Plan. Mayor Appezzato stated that the City Manager will respond to his letter. (95 -558) Don Roberts, Alameda, stated that City staff should be taking steps to increase the rent for Pacific Shops, Inc. Regular Meeting, A5,,,4, City Council Seriember 5, 595 3 1 1 (95-559) Neil Patrick Sweeney, Alameda, announced that there will be a Town Meeting on Base Reuse next Saturday at the Naval Air Station's Officers' Club. (95-560) Shirley Cummins, Alameda, inquired why the leases for 1815 and 2033 Clement had expired. Mayor Appezzato stated that negotiations are underway, with Council's guidance, between staff and Pacific Shops, Inc.; and that four votes are required to approve a lease. (95-561) Gerhard Degemann, Alameda, stated that he would appreciate the City installing its microphone in the Little Theater. (95-562) Susan McCormack, Alameda, stated that she would like to recommend that Planning staff reside in Alameda. Mayor Appezzato stated that the City Manager would respond to that issue. (95-563) Susan McCormack, Alameda, stated that the Historical Advisory Board's fees for review of historic properties for alternations are almost like a penalty for being placed on the Board's nominations list; that banks lower loans to the value of historic properties, and the City charges more; and inquired whether any discussion has taken place on implementing the Mills Act Agreement. Mayor Appezzato advised Ms. McCormack to put her comments in writing for the Historical Advisory Board to address. COUNCIL COMMUNICATIONS (Communications from Council) _ (95-564) Consideration of Mayor's nomination for appointment to the Golf Commission. President Appezzato nominated Ed Trevethan for reappointment to the Golf Commission. ADJOURNMENT (95-565) President Appezzato adjourned the Council Meeting at 11:35 p.m. in honor [memory] of Stanley Seagren, a lifelong Alameda Regular ?denting, Alameda City Council September 5, 1995 312 resident, graduate of Alameda High School, and well known for his contributions to the City and community affairs. Respectfully submitted, ra D ANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted in advance in accordance with the Brown Act. Regular Meeting, Alameda City Council September 5, 1995