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2002-02-19 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - FEBRUARY 19, 2002 - - 7:30 P.M. Mayor Appezzato convened the Regular Meeting at 7:37 p.m. ROLL CALL - Present: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. Absent: None. AGENDA CHANGES (02 -073) Mayor Appezzato announced that Resolution of Intention to Approve an Amendment to Contract Between the Board of Administration of the California Public Employees' Retirement System [paragraph no. 02 -085] was pulled from the agenda and would be heard at a later date. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (02 -074) Presentation on the status of the Main Library Project. The Library Director gave a power point presentation outlining recent design changes. Mayor Appezzato stated the Alameda Architectural Preservation Society (RAPS) submitted a letter; requested the Library Director and project architect to work with RAPS; stated AAPS made a number of suggestions which should be reviewed for feasibility and cost; outlined major points made by AAPS. Councilmember Johnson inquired whether the site plan includes all required parking, to which the Library Director responded in the affirmative. Councilmember Johnson stated the application process is the focus at this point; inquired whether the City's application will be completed on target for submission. The Library Director responded in the affirmative; stated many pieces are being completed one at a time, e.g., reports, charts, needs assessment, and service plan; there is a range of items from architectural plans to the narrative. Councilmember Daysog inquired whether there has been discussion about techniques that will be employed to make the Lincoln Avenue side of the building friendlier; e.g., banners. Regular Meeting Alameda City Council 1 February 19, 2002 The Library Director stated the pedestrian experience has been discussed, including bands along the bottom and top [of building] and trees; the site is small for everything the City is trying to accomplish. Councilmember Kerr stated that she is pleased to see the exterior plan; many years ago, the library plan for the same site used the Alameda Journal building as its model; suggested a glass wall or sound barrier be considered for the periodical reading room to eliminate noise from traffic going up and down the adjacent stairs. Councilmember DeWitt requested the Library Director to clarify the idea of private organization providing contributions for stained glass. The Library Director stated a Library Building Team member believes there should be a major art project; however, a major art project might cost six figures; the Team member would like to raise money for the project; there might be money available in a County Art fund. Councilmember Johnson stated after seeing the pictures of the proposed library, residents of Alameda will probably agree the City is doing the right thing. (02 -075) Mayor Appezzato announced that the City and Fire Department would host a New York Firefighter March 1 through 3. CONSENT CALENDAR Councilmember Kerr moved approval of the Consent Calendar. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *02 -076) Minutes of the Special Joint City Council and Public Utilities Board Meeting (Closed Session) of January 15, 2002; the Special Joint City Council and Community Improvement Commission (CIC) Meeting (Closed Session) of January 15, 2002; the Special Joint City Council, CIC and Alameda Public Financing Authority Meeting of January 15, 2002; the Special Joint City Council, Alameda Reuse and Redevelopment Authority and CIC Meeting of January 15, 2002; the Special Joint City Council and Public Utilities Board Meeting (Closed Session) of January 17, 2002; the Special City Council Meeting of January 22, 2002; the Special Joint Regular Meeting Alameda City Council 2 February 19, 2002 City Council and CIC Meeting (Closed Session) of February 5, 2002; the Special City Council Meeting (Closed Session) of February 5, 2002; and the Regular City Council Meeting of February 5, 2002. Approved. ( *02 -077) Recommendation to award Contract in the amount of $85,800 to Mike Brown Electric Company for Audible Signal and Truncated Dome Warning Surface Installation Project No. P.W. 04- 01 -13. Accepted. ( *02 -078) Recommendation to award Contract in the amount of $99,970 to Winzler & Kelly for Government Accounting Standards Board 34 (GASB 34) Compliance Requirements. Accepted. ( *02 -079) Recommendation to authorize the City Manager to execute an Amendment to Contract with LSA Associates, Inc. for Consulting Services regarding the Alameda Point General Plan Amendment Environmental Impact Report. Accepted. ( *02 -080) Recommendation to accept Quarterly Investment Report for period ending December 31, 2001. Accepted. ( *02 -081) Recommendation to accept City of Alameda Investment Policy. Accepted. ( *02 -082) Recommendation to accept Quarterly Sales Tax Report for period ending December 31, 2001 for Sales Transactions in the Third Calendar Quarter. Accepted. ( *02 -083) Resolution No. Transportation Adopted. Congestion 13432, "Supporting Proposition 42, Improvement Act." [Mayor Appezzato] ( *02 -084) Resolution No. 13433, "Supporting Proposition 40, Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Act of 2002." Adopted. (02 -085) Adoption of Resolution of Intention to Approve an Amendment to Contract Between the Board of Administration of the California Public Employees' Retirement System and the City Council of the City of Alameda. Held over. (02 -085A) Introduction of Ordinance Authorizing Amendment to Contract Between the Board of Administration of the California Public Employees' Retirement System and the City Council of the City of Alameda. Held over. ( *02 -086) Introduction of Ordinance Amending the Alameda Municipal Regular Meeting Alameda City Council 3 February 19, 2002 Code by Adding Section 30.57 (Alameda Water Reuse) to Chapter XXX (Development Regulations) to Establish Procedures to Encourage Water Reuse and the Installation of Water Reuse Projects. Introduced. ( *02 -086A) Resolution No. Mitigation of Potentially Overriding Considerations Project." Adopted. 13434, "Making Findings Regarding the Significant Environmental Impacts and for the East Bayshore Recycled Water ( *02 -087) Ratified bills in the amount of $652,802.27. REGULAR AGENDA ITEMS (02 -088) Recommendation to amend Contract with Blue & Gold Fleet for Alameda Oakland Ferry Service for Short -Term Economic Relief. The Deputy Public Works Director stated that in November, the City was notified that the Alameda Oakland Ferry Service provider, Blue & Gold Fleet, was suffering a serious economic crisis; Blue & Gold requested staff to review its proforma, which is the budget used to develop the contract; there was a major patronage decline which started with the economic crisis of the technology businesses crashing; there was also a serious additional decline when the September 11, 2001 [World Trade Center] incident occurred in New York; the result is a loss in overall patronage of about 130, which translates to a loss in revenue of nearly $500,000 annually; in addition, there have been minor cost increases primarily with the Encinal vessel; after reviewing other carriers, staff determined losses were accurate and have evaluated various scenarios for offsetting the loss in revenue; staff is recommending that Council review eliminating the 6:40 a.m. and 7:50 a.m. runs and consider making a one -time contribution of $139,150; said money will be taken from a ticket vending machine capital project; also, up to $150,000 will be committed from Measure B Reauthorization funds and will provide an approximately $33,000 reserve. Mayor Appezzato inquired whether some of the [ridership] decline is due to the September 11, 2001 tragedy. The Deputy Public Works Director responded in the affirmative. Mayor Appezzato inquired whether cancelled runs could be replaced if ridership increases, to which the Deputy Public Works Director responded in the affirmative. In response to Mayor Appezzato's inquiry whether staff is continuing to review combining the Harbor Bay and West End ferry Regular Meeting Alameda City Council 4 February 19, 2002 services to provide better benefits and reduce costs, the Deputy Public Works Director stated the Long Range Transit Plan recommends combining the services and staff has been reviewing the matter. Councilmember Daysog stated the economy was booming during the late 1990's; inquired whether the Contract was structured to allow the company [Blue & Gold] to share in revenue increases. The Deputy Public Works Director stated that in the late 1990' s there was a service increase and a fare increase; during the last 5 years, Blue & Gold has not made a profit on the services. Councilmember Daysog inquired whether the Contract was structured to have Blue & Gold share in the risks and rewards of the project. The Deputy Public Works Director responded in the affirmative; stated Blue & Gold is responsible for fare box, which is the risk and reward. Councilmember Johnson inquired how many riders take the 6:40 a.m. ferry, to which the Deputy Public Works Director responded approximately 32 people per day. In response to Councilmember Johnson's further inquiry regarding the 7:50 a.m. ferry ridership, the Deputy Public Works Director stated there are 85 people per day. Councilmember Johnson inquired the largest passenger load. The Deputy Public Works Director responded 150 people on the 8:10 a.m. ferry. Councilmember Daysog inquired what percentage 32 riders represents, to which the Deputy Public Works Director responded 100, the boat holds 322 people. Councilmember Johnson inquired the approximate decline since September 11, 2001. The Deputy Public Works Director responded the additional decline went to 190 on midday excursions and 23% for the commute. Councilmember Johnson inquired whether ridership has climbed back up, to which the Deputy Public Works Director responded not yet, although ridership was encouraging last weekend. The City Manager requested the Deputy Public Works Director to outline the income from excursions versus commuters. Regular Meeting Alameda City Council 5 February 19, 2002 The Deputy Public Works Director stated fare box for commuters is less due to discounts; 600 of the income comes from excursions riders. Councilmember Johnson inquired whether reasonable marketing efforts are being made, to which the Deputy Public Works Director responded marketing efforts guaranteed in the Contract have been retained. Councilmember Daysog stated Blue & Gold sought $500,000 in relief; staff brought the amount down to $250,000, which is a wide discrepancy; inquired what ensures $250,000 is the correct amount. The Public Works Director responded there was not a discrepancy about the amount of the loss; the Contract has a $250,000 management fee; when Blue & Gold requested to negotiate on covering losses, the City agrees to address offsetting revenues losses, but not to offset the $250,000 management fee; therefore, Blue & Gold will not receive a management fee for the Contract for this year. Frank Brittain, Alameda, stated the public was not given enough notice about the financial problems; there should be more time to evaluate the matter; if commuter services are cut, he will have to ride BART; ridership will decrease and Blue & Gold will need additional subsidies; there should be a long -term solution. Everett Roque, Alameda, disservice to the general morning runs are important 2:30 p.m. afternoon run; enough; fare increases ar tact; the ferry system is rather than more roads or stated cutting back on service is a public and should be a last priority; for commuters; people might not miss the the ferry system does not advertise a possibility to keep the service in the answer to the future [of transit], rapid transit trains. Mayor Appezzato noted proposing a fare increase might bring many people to the Council meeting. Councilmember Daysog stated that when the Contract was approved, the business plan was viable and agreed upon; the Agreement was structured with risks and rewards. Mayor Appezzato stated the Metropolitan Transportation Commission (MTC) represents nine counties; every county wants funding for different forms of transit; Bridge Toll Funds subsidize ferries; everyone needs to understand the dynamics of ferries versus cars versus BART; there is a balance. W.G. Claytor, Alameda Commuter's Club, questioned the revised Regular Meeting Alameda City Council 6 February 19, 2002 proforma, including ridership figures and ticket price projections; suggested the 7:50 a.m. run be continued for one quarter to review ridership; stated cutting two runs is extreme; the Commuter Club is willing to find riders and write to the Public Utilities Commission supporting a fare increase; numbers should be reviewed. Mayor Appezzato requested the Deputy Public Works Director to take Mr. Claytor's comments under advisement and review the matter. William Smith, Alameda, stated that if $500,000 is given to ferries, the Council should rethink funding for buses, which are almost the least subsidized [form of transit]; very little money goes into bus shelters; parking is permitted bus stops, which prohibits the newest buses that must pull to the curb from coming to Alameda. Councilmember Kerr stated a report in 1999, indicated the subsidy per passenger trip for the Alameda Oakland Ferry Services was only $1.25; fortunately, the Harbor Bay Maritime has come down from $9.00 to $4.00; noted MTC published a misleading table about the cost of new riders; the table's assumption was that in Alameda, 299 new ferry riders out of 300 would come from BART or buses, rather than cars; the ferry is actually very economical; Blue & Gold agreed to take the risk in the Contract; if revenues went up, Blue & Gold would have made a profit; apparently, Blue & Gold is not willing to live up to the Contract; the City should review consolidating the two ferry services; consolidating the overhead and administration could save money; Blue & Gold has indicated future contracts would be operating costs plus a fixed fee, which would raise the fare box quite a bit; a vigilant oversight committee would have to monitor actual costs; eliminating two trips eliminates the need for a second boat; inquired what will be done with the Encinal once it is repaired. The Deputy Public Works Director stated the Encinal would become the backup vessel. Councilmember Kerr noted the service will have two boats. The Deputy Public Works Director stated the costs associated with operating a second boat are the costs of manning the boat, which requires a minimum [employee] call out of 8 hours. Councilmember Kerr inquired whether employees must be paid for 8- hours, to which the Deputy Public Works Director responded in the affirmative. Mayor Appezzato inquired whether the subsidy for a bus rider is the Regular Meeting Alameda City Council 7 February 19, 2002 same as a ferry passenger. Councilmember Kerr responded in the affirmative; stated AC Transit per passenger trip costs over $1.00 and in a report dated February 8, 1999, the Alameda Oakland Ferry Service public subsidy was $1.25 per passenger trip; noted the subsidy for the Harbor Bay Maritime is four times as much. Mayor Appezzato requested staff to provide a report on the amount of subsidy provided for various forms of transportation; stated Blue & Gold Fleet's Contract will expire shortly; other providers will be able to submit proposals. Vice Mayor DeWitt inquired the period for the short term economic relief. The Deputy Public Works Director responded the period is through June 30, 2001. Vice Mayor DeWitt inquired whether one option is to provide additional subsidies and to cut two morning departures, to which the Deputy Public Works Director responded in the affirmative. Vice Mayor DeWitt stated that he has received phone calls from people requesting service not be cut; inquired whether Mr. Claytor's suggestion to cancel one run could be possible. The Deputy Public Works Director stated a second boat is required for the two runs that are proposed to be cut; there is a minimum call out of 8 hours for the crew. Vice Mayor DeWitt inquired whether continuing the run would not save money due to required crew costs, to which the Public Works Director responded in the affirmative. Vice Mayor DeWitt stated money will not come from the General Fund; there do not appear to be any other options. In response to Councilmember Kerr's inquiry regarding previous planned use for Measure B funds, the Deputy Public Works Director stated money from Measure B reauthorization for Alameda ferries can be used for operating or capital costs. Councilmember Kerr inquired whether Express II money could be diverted, to which the Public Works Director responded Express II money is not being diverted. Mayor Appezzato stated staff will review Mr. Claytor's comments to Regular Meeting Alameda City Council 8 February 19, 2002 determine whether anything can be done to mitigate cancellation of runs; noted one crew member would be removed to decrease costs. Councilmember Johnson inquired whether notice was provided to passengers. The Deputy Public Works Director responded placed aboard the vessel on February 8; indicated the issue would be discussed at three luncheon meetings were held with pay terminal; staff received responses via participation at meetings. over 500 flyers were the City's website the Council meeting; >sengers at the ferry e -mail and through Councilmember Johnson stated there are still quite a few ferry runs; that she is concerned about cutting service, especially the 7:50 a.m. run; employees would have to be paid for 8 hours for a single run unless staff can determine another way of dealing with the matter; cutting service is difficult; to keep the ferry service strong, the temporary measure must be taken. Councilmember Johnson moved approval of the staff recommendation. Mayor Appezzato inquired whether the motion could be amended to include the caveat that the Deputy Public Works Director review Mr. Claytor's comments. Councilmember Johnson concurred. Vice Mayor DeWitt seconded the motion. Councilmember Daysog inquired what makes staff confident Blue & Gold will not request further subsidy in the future. The Deputy Public Works Director stated the service cut was considered because there will be an on -going expense reduction; staff has projected out the next year proforma; provided there is not another major reduction in patronage or major increase in expense, additional subsidy should not be needed for the next year. In response to Councilmember Daysog's inquiry how long Blue & Gold will continue to provide the service, the Deputy Public Works Director stated there is an extension clause in the Contract for another three years; Blue & Gold has indicated it does not want to continue under the current Contract; therefore, staff will seek alternate providers and an alternate Contract in June. Councilmember Johnson inquired whether adjustments can be made if ridership increases, to which the Deputy Public Works Director Regular Meeting Alameda City Council 9 February 19, 2002 responded in the affirmative. Mayor Appezzato noted there will be 13 runs leaving Alameda and 12 runs returning from San Francisco to Alameda. On the call for the question, the motion carried by the following voice vote. Ayes: Councilmembers DeWitt, Johnson and Mayor Appezzato - 3. Noes: Councilmembers Daysog and Kerr - 2. ORAL COMMUNICATIONS, NON- AGENDA None. COUNCIL COMMUNICATIONS (02 -089) Skateboard Park issues, including pertinent legislation. Councilmember Kerr stated that she requested the matter to come to Council because laws covering skateboard parks are sun - setting; Government Code Section 831.7 was set up to cover hazardous recreational activities in general and defines recreational activities which occur on public property and create a substantial risk to the participant or spectator; however, skateboarding is not covered, nor are in -line skating, scooters, or BMX biking on paved areas; the sunset clause puts liability limits for skateboarders at risk; Health and Safety Code Section 115800 was introduced to cover skateboard parks; rather than adding skateboarding to the list of hazardous recreational activities, limitations were added, e.g., the City is only covered if a skateboarder is 14 years or older, if safety gear is used and if supervision requirements are satisfied; if conditions of 115800 are not met, protections of GC 831.7 do not apply; when Senate Bill 994 was originally proposed, it lowered the age of covered skateboarders to 7 years old, solved supervision issues and had provision for reimbursement from the State for mandated costs; unfortunately, SB 994 has been gutted to only extend the sunset [date] of 115800, which has loopholes; the City of Santee and Buena Ventura have opinions on amending existing laws and propose language be added to GC 831.7; requested Legal Counsel to provide an opinion; inquired whether the City should support SB 994, which continues problematic Health and Safety Code Section 115800 or whether the City should support adding language to GC 831.7; stated the City has to make a decision whether or not to support SB 994; although GC 831.7 cannot be voted on this year, the City could support GC 831.7 language changes for next year. The City Manager stated the matter is both a legal question and policy question; the League of California Cities has requested the City to work with the League and other communities on the issue, Regular Meeting Alameda City Council 10 February 19, 2002 rather than developing a position; therefore, he did not place the matter on the agenda for action; the City Attorney provided risk analysis; the City is working with the League and other cities to develop a position to present to the City Council; as requested by the League of California Cities, staff is not prepared to make a recommendation to the Council. Mayor Appezzato inquired whether the League is going to make a recommendation. Councilmember Kerr responded in the affirmative; stated there was a session discussing the matter at the League's Annual Conference in December. Mayor Appezzato inquired whether the League has taken a position, yet. Councilmember Kerr responded the League has not formed an opinion; the League has requested cities to come up with opinions; the City seems to be reviewing SB 994 only; however, the bill should not be reviewed without review of adding language to GC 831.7. Legal Counsel Thomas Trachuk stated 115800 was introduced to encourage cities to build skateboard parks for youth; restrictions and limitations are not effective to immunize the City from the potential injuries which can occur at skateboard parks and do not address the issues of mixed use or age limitations; from a litigation standpoint, the purpose of immunity is to extricate the City out from: 1) discouraged claims that are not supported by the law, and 2) if a lawsuit is made to extricate the City out of the lawsuit as quickly and economically as possible, without the risk of trial; 115800, with the additional immunity provisions gutted, does not afford very much immunity or protection to the City; from a litigation standpoint and liability risk for the City, it would be better to allow 115800 to expire and allow the provisions of GC 831.7, as they exist, to apply; hopefully, someday in the future GC 831.7 will be amended to afford additional immunity to cities with skateboard parks; further stated if an individual without insurance is in an accident and is not at fault, the person cannot recover pain and suffering damages; laws in Alameda require people to wear helmets, knee pads and elbow pads for protection and to prevent injuries; GC 831.7 or 115800 could be amended to prevent recovery of pain and suffering damages if a person is not wearing safety equipment required by law; there are a variety of options. Councilmember Kerr stated the City's protection could result from amending GC 831.7 to include skateboarding, which now covers animal riding, rodeos and other activities on public property; Regular Meeting Alameda City Council 1 1 February 19, 2002 skateboarding, in -line skating and BMX biking should be included to keep the City out of trouble. Legal Counsel Trachuk stated GC 831.7 is the public entities' equivalent of assumption of the risk if a person falls while engaged in activity with substantial risk of injury, such as a skateboarding. Councilmember Kerr stated SB 994 has passed the Assembly and will hit the Senate floor in April; the City's input should occur now, not when the matter comes to a floor vote; if 115800 is extended, the City will not be offered much protection; the long term aim should be to get new language added to GC 831.7; SB 994 should be reviewed promptly with amending GC 831.7 as the long -term goal. Mayor Appezzato inquired whether the City Attorney is working with other cities to create a League of California Cities position, to which the City Attorney responded in the affirmative. Mayor Appezzato stated Alameda should support the position developed by the League; inquired whether a position would be developed. The City Attorney responded in affirmative; stated that she sent a legal analysis to the League of California Cities; the League has formed a committee of city attorneys to craft a legal analysis. Mayor Appezzato inquired whether the City Attorney's comments incorporated Councilmember Kerr's concerns, to which the City Attorney responded in the affirmative. Councilmember Kerr stated the legal analysis submitted only addressed SB 994; SB 994 should not be considered in a vacuum; language should be included in GC 831.7; the City should be communicating with the League about future changes in GC 831.7; an organization of consumer attorneys is fighting against legislation which has less room for suing people and has done everything possible to put loopholes in liability limitations; suggested that the City communicate with the League on amending GC 831.7; stated that Consultant Trachuk provided good information. The City Manager stated staff would respond in a timely manner, working with the City Attorney's office and the Council's League delegate, Councilmember Kerr, to get information to the State legislature through the League. Mayor Appezzato stated one law should accomplish everything, rather than 15 laws accomplishing 15 different things. Regular Meeting Alameda City Council 12 February 19, 2002 Councilmember Kerr stated adding language to GC 831.7 would resolve the matter. Councilmember Johnson stated the known goal is not to have people sue the City over the Skateboard Park; the City should work with the League of California Cities, rather than working independently; skateboarders should join with cities; cities cannot afford the liability and might have to close skateboard parks. Councilmember Kerr noted BMX biking is not covered anywhere [in the law], except for on unpaved mountain trails; the City has no reduction of liability for BMX bikers at the Skateboard Park; loopholes should be plugged; the City should work with the League and indicate SB 994 should not be discussed in a vacuum. Mayor Appezzato stated staff has its marching orders; anyone riding a skateboard should understand it is dangerous; the City of Alameda does not have deep pockets. (02 -090) Mayor Appezzato announced that West Alameda has been selected for a Koshlands Civic Unity Program; last November, the San Francisco Foundation toured Alameda; as a result, Alameda is being considered for a five year, $300,000 community building grant program; outlined program activities. (02 -091) Mayor Appezzato stated that he received a letter discussing the Prudential Spirit of Community Award which was awarded to Emily Schultheis as one of the State's top two youth volunteers; the national program recognizes young people for outstanding community service; Emily will travel to Washington D.C. and might be named one of ten national honorees; requested staff to invite Emily to be recognized at a Council meeting before or after she travels to Washington D.C. (02 -092) Mayor Appezzato stated that he received e -mails on restrictions of newspaper sales; requested staff to address the matter. (02 -093) Mayor Appezzato requested staff to remain on top of East Bay Municipal Utility District entering into the electrical utility business. (02 -094) Mayor Appezzato stated AC Transit is redistricting; Alameda residents have indicated Alameda should be two districts; splitting the City would make it impossible for an Alameda resident to be elected to the AC Transit Board; that he wrote a letter expressing his views; requested the matter be placed on the March 5 Regular Meeting Alameda City Council 13 February 19, 2002 Meeting to allow Council to take an official position. (02 -095) Councilmember Kerr stated that she wrote a letter expressing her view to keep Alameda whole to Dellums, Brewer, and Halterman law firm, which is accepting views on AC Transit redistricting; that she supports Council addressing the matter. (02 -096) Councilmember Kerr announced Proposition 42 requires tax paid on gasoline to be used for all forms of transportation, rather than placed in the State's general fund; eventually, money could be used for streets; Public Works makes good use of money the City has for street repair; encouraged residents to vote for Proposition 42. (02 -097) Councilmember Kerr noted staff is reviewing newspaper racks; requested staff to look into newspaper racks near Tillie's Diner at the corner of Webster Street and Santa Clara Avenue; stated a number of racks are empty and broken; racks violate the Alameda Municipal Code and could interfere with people getting on and off buses; people drop free publications on the sidewalk creating a janitorial problem for the owner of Tillie's; the racks are unsightly, rusted and broken. Councilmember Johnson stated that she requested staff to develop an overall policy, not review individual newspaper racks; hopefully, said policy will address problems; there are problems with many racks. Councilmember Kerr stated the law is being broken; news rack owners are not maintaining or filling racks. The City Manager stated staff worked with the West Alameda Business Associations (WABA) on the matter two years ago; the issue requires constant monitoring; staff will continue working with WABA. (02 -098) Vice Mayor DeWitt stated Cal Santare was a combat soldier and was awarded a silver star; World War II veterans actions should not be forgotten; that he is thankful for the men of honor, courage and valor, such as Cal Santare, who laid their lives on the line without asking for any reward; a solider that served well should not be forgotten. Mayor Appezzato noted Cal Santare also had the bronze star and purple heart; in honor of Cal Santare, everyone should remember all of the men and women who have served in the military and given of themselves for this great Country. Regular Meeting Alameda City Council 14 February 19, 2002 ADJOURNMENT (02 -099) There being no further business, Mayor Appezzato adjourned the Regular Meeting at 9:22 p.m. in memory of Cal Santare and Bob Kelley. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council 15 February 19, 2002