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1994-10-04 Regular CC MinutesMINUTES OF REGULAR MEETING OF ALAMEDA CITY COUNCIL OCTOBER 4. 1994 The meeting was convened at 7:36 p.m. with President Withrow presiding. The pledge of Allegiance was led by Vice Mayor Roth. Member Chris Rideout, Baha'is of Alameda gave the invocation. ROLL CALL - Present: Councilmembers Appezzato, Arnerich, Lucas, Roth and President Withrow - 5. Absent: None. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY. 94-567 California State Automobile Association presentation of Special Citation for Outstanding Pedestrian Program Activities Award by American Automobile Association to the City of Alameda Public Works and Police Departments. Ed Fong, CSAA, stated Alameda was compared with other cities across the nation; over 2200 cities were evaluated and Alameda was singled out for special recognition, and presented award to City. President Withrow expressed appreciation to the CSAA for providing the program and committing energy and resources to the focus on pedestrian safety. In response to inquiry from Councilman Arnerich, Merry Banks, Manager, Traffic Safety Department, CSAA, explained that the department's employees assist cities with programs such as the pedestrian/bicycle safety and driver improvement; last year 10,000+ brochures were provided to Alameda's Safety Town, and also 30,000+ brochures on bicycle/pedestrian safety. CONSENT CALENDAR At the request of the public, resolution (94-574) regarding Mortgage Credit Certificate Program was pulled from Consent Calendar for discussion. Vice Mayor Roth moved approval of the remainder of the Consent Calendar. Councilmember Lucas seconded the motion which carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. *94-568 Minutes of the Regular Council Meeting of September 20, 1994. Approved. Minutes of Regular Meeting Alameda City Council October 4, 1994 306 *94-569 Report from Public Works Director recommending acceptance of work by Redgwick Construction for Minor Street Patching with Asphalt Concrete for Fiscal Year Ending June 30, 1994, No. P.W. 4- 93-8. Accepted. *94-570 Report from Public Works Director recommending acceptance of work by B & B Grading & Paving, Inc. for Mariner Square Drive Bicycle Path, Tynan Avenue to Marina Village Parkway, No. P.W. 03- 94-03. Accepted. *94-571 Report from Public Works Director recommending execution of Agreement for Interim Household Hazardous Waste Collection Program. Accepted. *94-572 Report from Police Chief regarding Animal Shelter hours of operation. Accepted. *94-573 Bills, certified by the City Manager to be true and correct, were ratified in the sum of $1,280,118.14. 94-574 Resolution No. 12575 "Approving a Mortgage Credit Certificate Program in cooperation with the County of Alameda, and authorizing the execution of a Cooperative Agreement between the City and the County, and related actions." Adopted. Neil Patrick Sweeney, Alameda, stated the program is very good and information is available from any real estate company, or lender, and also at the Alameda Homebuyers Fair. Councilmember Lucas moved adoption of the resolution. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. AGENDA ITEMS Actions Related to Base Conversion Process 94-575 Status Briefing on Base Conversion Process. The City Manager noted that there will not be a briefing this evening. Neil Patrick Sweeney, Alameda, stated that the Base Reuse Advisory Group is conducting a community involvement forum on October 29th. 94-576 Report from Chair of the Base Reuse Advisory Group (BRAG) recommending that the Alameda City Council support the AEG Interim Reuse Proposal to refurbish Bay Area Rapid Transit District's (BART) Rail Cars at Alameda Naval Air Station (NAS). Minutes of Regular Meeting Alameda City Council October 4, 1994 Helen Sause, Vice-Chair, BRAG, stated BRAG Subcommittees represent 150 Alameda citizens that meet at least every two weeks to discuss base closure issues, and have produced ideas representing the community's principles to guide consultant work when analysis begins, and ideas are what will be discussed October 29th at Encinal High School; she hopes persons will participate in the tour of the property; and she requested Doug DeHaan to describe the interim reuse proposal. Doug DeHaan, Chair, Reuse Subcommittee, stated the AEG interim reuse proposal was discussed earlier in the process, and was expected to be generated in late 1997; it has subsequently moved up to the third and fourth quarters of 1995 and is being presented to Council for forwarding to the Alameda Reuse and Redevelopment Authority [ARRA]; it was unanimously approved by the Subcommittee and full committee, is basically a reuse proposal for immediate and long-term use, refurbishes BART cars; AEG is a very large German corporation which took over Westinghouse who originally put the BART cars together, their proposal is before the BART directors, and hopefully the final decision will be made the latter part of this month; they would like to lease hangars for seven years, hire 100-150 employees, and have over 600 secondary tier jobs; the cars should provide no problems in access and movement; and [BRAG] recommends Council approve. Responding to Vice Mayor Roth, Mr. DeHaan stated the Navy talked about having the buildings available a year from now; and the Navy has committed to change plans for reuse of Hangar 11 and will vacate it, if need be. President Withrow stated that he is serving as Chair of the Congestion Management Agency; which is part of a program to provide planning and programming for, and investment of tax dollars in transportation in each of California's counties; BART came before the CMA concerning program for overhauling BART cars and stated the only place the work can be done is in New Jersey; however, CMA informed BART officials it would not invest funds because jobs and funds are needed in California, and BART pursued an effort to bring the capability to California; AEG is a very strong, impressive company; and noted there is a major bidder, opposing AEG, which will be competitive. In response to Gerhard Degemann's inquiry, President Withrow stated that the ARRA is the agency that will have cognizance over funding, and no dollar amount is in the agreement. Mr. Degemann stated he wanted to be sure the hangars were not provided free of charge. Minutes of Regular Meeting Alameda City Council October 4, 1994 308 The City Manager stated the Navy is determining lease conditions for all of the buildings; this proposal will be a model for what comes in the future; the Navy is working out numbers which can be offered AEG; AEG has a backup facility in Richmond if base facility cannot be obtained; in terms of money coming into the City, revenues would include business license tax, and sales tax if sale is involved; we do not know specifically [what money will accrue to the City] because we do not know what the bid will be or what revenue will come in, but it will provide a lot of jobs and revenue. Councilmember Appezzato commented AEG is submitting their best offer to BART and if the contract is awarded, the AEG contract will come to the NAS; and commended Mr. DeHaan for the report. Councilmember Appezzato moved to endorse the AEG interim reuse proposal. Councilmember Lucas seconded the motion, and commented the City would be very fortunate if AEG located their facility at NAS; noted there is another serious competitor; however, it could work out to the City's benefit and is a tremendous opportunity. The motion was carried by unanimous voice vote - 5. 94-577 Report from Chair of the Alameda Base Reuse Advisory Group (BRAG) recommending Council request the Alameda Reuse and Redevelopment Authority appoint a BRAG representative as a non- voting, ex-officio member with one non-voting proxy. Helen Sause, Vice-Chair, BRAG, stated BRAG is representing the community and the community's interest, BRAG is grass-roots and members believe they could be useful to the Alameda Reuse and Redevelopment Authority; it would be an important representation and recommends Council appoint one BRAG representative to serve as a non-voting member. President Withrow stated that the Mayor and Councilmembers are spokespersons for the citizens; however, he believes it makes sense that a representative of BRAG have direct access to the ARRA forum portion to enter into discussions and contribute; by having a representative on the ARRA, the information will take on more meaning in the other direction, from the ARRA back to the BRAG; and there is a cleaner channel. Councilman Arnerich stated he will go along with the recommendation this evening but he would like a caveat, that it is time now to say no to future appointments; [representation] was extended to the Alameda Unified School District and now to BRAG; and future Minutes of Regular Meeting Alameda City Council October 4, 1994 309 appointments should now stop with this [recommendation]. Vice Mayor Roth stated he did not support the School District being added, will not support recommendation, nor any other recommendations for groups that wish to be on [ARRA]; also, BRAG was formed to put together a plan for the City and once approved, the ARRA will begin work to implement it. Councilmember Lucas stated she strongly supports BRAG's recommendation, agrees BRAG will end but not for many years; she looks forward to BRAG's participation. Councilmember Appezzato stated, if BRAG considers representation on ARRA important, he will strongly support recommendation. Councilman Arnerich moved to accept recommendation with a proviso that this will be the end of appointments. Councilmember Lucas stated she does not believe this is an attempt to weaken the ARRA, so she has a problem with the wording; and cannot support that motion. Councilman Arnerich stated he would not want another group to come and ask to be put on. Councilmember Appezzato stated he would agree to the original motion but not the amendment; if another body in the City believes they have a special reason to be part of [ARRA], they should present their case and at that time, Council can vote yea or nay. Councilman Arnerich stated he believes Council should place some constraints on the number serving on boards; however, if Council wishes to omit amendment to motion, he will withdraw it, but in the future he will not go beyond the eleven members; therefore, if Council wishes him to rephrase motion to state he will vote for recommendation tonight and leave it open ended, he has no objection. Councilmember Appezzato seconded the motion. Vice Mayor Roth noted other bodies are very interested in [ARRA]; everyone is free to come and speak; if they are to be given a title [non-voting ex-officio], they still sit in the audience like everyone else, and must still be recognized by the Chair, and he does not understand why it is so important. Councilmember Appezzato stated we can either accept or reject a recommendation, but at this point to say we will not accept any other recommendations or proposals, he believes is presumptuous. Minutes of Regular Meeting Alameda City Council October 4, 1994 I0 President Withrow stated the motion before Council is a motion to approve recommending to ARRA that a BRAG representative be an ex- officio non-voting member with one non-voting proxy. Councilmember Appezzato reiterated his second to the motion. The motion carried by the following voice vote: Ayes: Councilmembers Appezzato, Arnerich, Lucas and President Withrow - 4. Nayes: Vice Mayor Roth - 1. Absent: None. 94-578 Report from President, Social Service Human Relations Board, regarding opposition to Proposition 187 (services for undocumented immigrants). Don Roberts, Alameda, stated that he likes the rich ethnic diversity in Alameda and California; he supports legal immigration to the United States, but is opposed to illegal aliens forcing their way in front of others who are going through the legal processes to become citizens; this law has flaws and will be tested in the court but passage of Proposition 187 will send a strong message to Congress in Washington D.C., that the State of California is tired of taking care of the cost of illegal immigrants. Don Bergen, Alameda, stated that Proposition 187 should not have been put on the agenda; there is no control over our borders, and illegal immigrants cost California billions of dollars per year; and urged the report not be accepted. John Scott Graham, Alameda, noted that two illegal aliens were using his Social Security number; he does not oppose legal entrance into the country; we should take care of our own. Lois Workman, President, SSHRB, stated the Board studied Proposition 187; proposed legislation would make caregivers become informants, and deny immunization and other care; conflicts with federal laws and could cost millions of dollars in federal funding; would not solve illegal immigration because it does nothing to strengthen border control; described other problems and expressed concern for children; stated the Board opposes the Proposition because it is poorly drawn, and urged voting against it. Mr. Roberts, Alameda, stated, "point of order," and explained the report before the Council leaves no opportunity for action; and is a report only. President Withrow agreed; stated this is a report which provides the Board with the opportunity to communicate a position to Council; and he will make a ruling that a vote cannot be taken Minutes of Regular Meeting Alameda City Council October 4, 1994 without matter being placed on the agenda again. Councilmember Lucas stated she shares Board President Workman's concern for the children who would be denied an education; however, she perceives other problems, including the fact that City's Housing Authority cannot give preference to legal residents in housing poor people because the federal government will not allow preference over illegal residents; and the federal government must be sent a message on this issue. President Withrow stated that he does not understand how someone illegally in the United States can be given preference over someone here legally; and where does ruling come from. Councilmember Lucas replied ruling is from HUD [Department of Housing and Urban Development]. President Withrow stated he would like matter placed on an agenda, he believes this is one item that Council should take a position on and communicate with the current Administration [in Washington, D.C.]. Councilmember Lucas stated her point is that the law and federal government are very hypercritical on this issue; the government does not do its job, so citizens place a measure on the ballot which is not satisfying but expresses their feelings; and she will abstain on this issue. President Withrow stated the whole issue of immigration has taken on a distorted position in our country; some persons infer the immigrants are from one culture; however, the law deals with immigrants equally regardless of geographic background. Councilman Arnerich agreed with Mr. Bergen; stated the item should not have come before Council; SSHRB must work on problems of this sort, but not have it come to Council in this form. President Withrow stated if an item of this nature is placed on the agenda, both sides should have an opportunity to be heard. 94-579 Report from President, Social Service Human Relations Board, regarding SSHRB EXCHANGE on "Breaking the Cycle of Homelessness. Lois Workman, President, SSHRB, reviewed report which covers causes of homelessness, including psychological disability and job loss; how Alameda cares for the homeless, including counseling, emergency shelter, childcare, and the agencies working with the homeless; commended Xanthos for their services; and stated the key to Minutes of Regular Meeting Alameda City Council October 4, 1994 312 homelessness is prevention. Councilmember Lucas thanked Board President Workman and Boardmembers for the report, and commended the services provided in Alameda. Councilman Arnerich moved acceptance of the recommendation. Councilmember Lucas seconded the motion which carried by unanimous voice vote - 5. 94-580 Report from President, Social Service Human Relations Board, regarding SSHRB annual activities and requesting allocation of Cable Television Advisory Committee funds and General Fund monies for the SSHRB EXCHANGE Program. Lois Workman, President, SSHRB, summarized the Board's activities during past year, including televised Exchanges and cultural diversity workshop; and stated the Board requests $350 for printing and mailing of flyers for events. President Withrow commended Board President Workman on the report. Vice Mayor Roth stated City should find $350 in the budget without going to reserves; and he moved to accept the report and recommendation, with the condition that the money come from the budget, not the reserves. Councilmember Lucas seconded the motion. Councilman Arnerich stated he will go along with the recommendation tonight, but Council must do some [budget] pruning and start looking at each item. The motion carried by unanimous voice vote - 5. * * * * Council recessed for ten minutes to 9:05 p.m. * * * * 94-581 Status report from City Manager concerning Americans with Disabilities Act. (Vice Mayor Roth) Vice Mayor Roth stated that he requested this item be placed on agenda because it is an important issue, the City has been working on compliance, the remaining projects are very expensive; he would like to stress that "access" means not only ramps but total access, i.e., lower counters; it is time for Council to incorporate into [City] capital [improvement] program, as requested by Council at a previous meeting; and he would like Council to accept status report Minutes of Regular Meeting Alameda City Council October 4, 1994 and request more details. President Withrow stated that, at the last Council Meeting, he requested staff to prepare a report on all capital improvement projects for buildings, whether new construction or modifications, so Council will understand the total costs per project, the benefits, and options. The City Manager stated that the report could not be developed within two weeks; staff will attempt to bring it to Council by the next, or following, meeting; however, it was necessary to provide the information on ADA to Council, and the staff recommendation includes that the City Manager be directed to evaluate and report back on plans and costs for complying with ADA requirements for City Hall, Carnegie Library and other City facilities. President Withrow agreed that report will take time, however, City is running out of time; he would like to know when the next election will be [not including November 8, 1994 Election], and when subject can be placed before the people. The City Clerk stated that she understands [according to Registrar of Voters], the next election is in November, 1995. Vice Mayor Roth noted $375,000 is estimated to complete work at Fire Station 3; perhaps building a new fire station would be more feasible [cost-effective]; and Council should be provided such options in the [detailed] report. President Withrow inquired if all the noted projects must be completed by January 25, 1995. The City Manager stated the work must be completed, building(s) vacated, or arrangements made for programs, e.g., tax assistance programs at Library, to be transferred to another facility. The Library Director and Risk Manager responded to questions on certain programs that must be available at accessible locations, under Title II; and indicated Title I, concerning employees, will be complied with. The City Attorney clarified that the term "programs" includes any services offered by the library, and each will be considered and offered; there are many facets, and the City Manager will be reporting back in detail. The City Manager stated there will be impacts; ADA requirements are difficult to comply with and closing City Hall will not be a minor impact on both staff and citizens. Minutes of Regular Meeting Alameda City Council October 4, 1994 314 President Withrow stated that under the Act, the City does not have any alternative; therefore, moving out of City Hall is a given. The City Manager replied that is what the City Attorney has opined. Responding to President Withrow's inquiry, the City Manager stated Longfellow Park is under construction and will be completed by the January date. The Risk Manager stated that accessibility to the City Parks programs will be easier to achieve than the libraries' programs. Vice Mayor Roth stated he cannot accept that statement because some parks do not have accessible bathrooms. The Risk Manager responded that unique special programs must be accessible; and equal access may be achieved more easily at parks than at libraries. The City Manager stated if Council wants staff to make every park accessible, City would need money; the report contains a list of many millions of dollars, staff is trying to bring public accommodations into compliance as quickly as possible; and it is a tremendous financial impact. The City Attorney addressed ADA Title I. Councilman Arnerich moved to accept staff report recommendation nos. 1-4 [1) vacate City Hall by 1/26/95; 2) City Manager present recommendations for relocating City Hall and Council Chambers; 3) authorize City Manager to negotiate terms of lease agreement for same; and 4) City Manager to evaluate and report back on plans and costs for complying with ADA for City facilities]; and that recommendations be accomplished by the due date and with due diligence. Councilmember Appezzato stated that the Act was signed into law July 26, 1990; perhaps issue should have been taken to the people two years ago, instead of waiting three months before being required to comply with federal law. The City Manager noted a transition plan was developed and approved in 1992; the plan has been worked on, and the report outlines what has been accomplished; the ability to provide accessibility is based upon City's financial resources; City will comply with law, provide accessibility and eventually make all facilities accessible. Vice Mayor Roth stated he would like to second the motion, and he Minutes of Regular Meeting Alameda City Council October 4, 1994 31. assumes that the City Manager will come back with the lease agreement [for relocation of City Hall]; and the City Manager replied affirmatively. Councilmember Appezzato stated that he would like, depending on cost, to relocate City Hall employees in the Webster Street/Park Street areas, to look at the old Post Office [building on Central Avenue] to determine feasibility, and for the City Manager to report to Council. President Withrow stated City Manager will probably do an excellent job as he usually does in working out very difficult issues. The motion carried by unanimous voice vote - 5. In response to inquiry from Ed Cooney, Alameda, Chair, Mayor's Committee for the Disabled, the City Manager explained that in July Council directed staff to proceed with plans for the Carnegie Building [as library site], and expansion [plans] of the facility; and to also bring back information on a parking structure and other related costs; and that Council is currently discussing how to make programs accessible at the current facility. Replying to Mr. Cooney's question on cost figures previously discussed, and the report to be presented, the City Manager noted that long-term cost was previously discussed and now interim cost must be considered in order to comply with the January date; and all funding sources will be looked at, including grants. 94-582 Status report from Public Works Director on City Hall Renovation Project and approval of scope of architectural services for redesign, rebid, and construction administration. John Scott Graham, Alameda, inquired if City has begun giving residents of Linoaks eviction notices so that the City can use the property; and questioned where Council meetings will be held. Vice Mayor Roth stated he believes this matter should be tabled until Council receives its report on all options and capital improvements because he has a problem advocating spending $384,000 on something the people might not want to vote for. President Withrow questioned City Manager if the $384,000 investment is required to produce the package in order to know how to advise the public concerning cost. The City Manager stated it does not; included in components [of that sum] is a construction administration phase which would not be done unless there is construction, so if that is subtracted out, Minutes of Regular Meeting Alameda City Council October 4, 1994 316 Council is looking at $84,160 which is basically what City would ask architects to provide in services before January. Vice Mayor Roth stated the one problem appears to be the State grant; that is the pressure to make a decision on City Hall; and inquired if that is a correct observation. The City Manger answered affirmatively. Vice Mayor Roth stated that grant is only for seismic work; when staff does the re-costing phase and plans [and specifications] revisions, could the project be phased to do the seismic work in the first phase and come back and do other work as needed and as we have money, and still be able to get the grant. The City Manager stated perhaps, but it is not a very good way to do it; first the demolition work must be done, the building will be gutted; seismic work, work associated with plans for ADA, program requirements, will all be done at the same time; and he further discussed the renovation process with Vice Mayor Roth. In response to Vice Mayor Roth, the City Manager stated the options concerning the City Hall tower are to leave the tower in [the plans], leave it out completely, or leave the tower foundation in; that, among other things, could be a part of savings. Councilmember Lucas stated, for City Hall, voter approval is not required; the City Manager has outlined a way to finance with certificates of participation and inquired how likely the City will be able to get financing by that method; to which the City Manager replied very likely, noted other City work done by that method, that the City has a good rating and he believes the bond market will be interested. Councilmember Lucas stated the need to do the work is clear; ADA and seismic laws are two reasons; City Manager has shown a way to do it; a State grant is assured and a good possibility for another; and she does not see why we should not go ahead with what he is proposing. Councilmember Appezzato agreed; stated he is ready to move forward; he likes what the City Manager has put together; City has a $2.3 million State grant with possibility of one for $3.3 million and if building can be constructed for $6.5 million, this is an opportunity Council cannot ignore. Vice Mayor Roth moved to proceed with the recommendation and approve the attached scope of architectural services for redesign, rebid and construction administration for the City Hall renovation. Minutes of Regular Meeting Alameda City Council October 4, 1994 31 7 Councilmember Lucas seconded the motion. Vice Mayor Roth noted that the certificates of participation [COPs] will be paid back from the General Fund at $600-$700,000 per year for 20 years. Councilman Arnerich inquired if the contingency will be doubled because of the seismic upgrade. The City Manager confirmed it is higher because of retrofit work; and explained COPs are recommended because of ease of administration and least cost to City, quickest approach to financing, they are recognized in the debt market as an acceptable approach to financing facilities; City will look to about 1.5% reduction in funding for existing services; if the revenue picture changes, we will have funding available without making cuts; and we will look at coming up with funding in 1997. Responding to inquiry from President Withrow, the City Manager stated the City is looking at $650,000 for 30 years; the motion is to commit $84,160 to provide design services to be brought back to Council probably in January, at which time staff will request Council to put the matter out to bid, and if bids come back in March, that is when Council makes a commitment for $650,000 per year, and possibly less. The work would start in May, have 18 months construction time, and be completed in November of 1997. Councilmember Lucas stated Council does not have a choice. President Withrow stated he understands the City Manager is negotiating with the Navy to get a building at no charge. The City Manager replied in the affirmative. President Withrow inquired if the maker of the motion is comfortable with the interpretation that the amount is $84,160, and Councilmember Appezzato stated there is no question in his mind. The motion carried by unanimous voice vote - 5. 94-583 Report from the Community Development Director recommending amended Grant Agreement with the Filipino-American Community Services Agency [FACSA] to extend time of performance on Special Grant Conditions. Neil Patrick Sweeney, Alameda, stated the City is doing the right thing by supporting FACSA because the agency has a wonderful reputation for their past volunteer activities. Minutes of Regular Meeting Alameda City Council October 4, 1994 Don Bergen, Alameda, stated the number of homeless that come from the City is relatively small; he has no objection to helping those who really need it but salaries at Midway are approaching almost $80,000, and the cost in time of Council and staff is very large. Councilmember Appezzato stated the report from Community Development Director is very good. Councilmember Appezzato moved Council authorize an amendment extending FACSA Grant to November 30, 1994, and a budget modification accordingly. Vice Mayor Roth seconded the motion. Vice Mayor Roth stated he would like Council and staff to consider forming an ad hoc group familiar with the business requirements of non-profit organizations to help such agencies overcome communication problems when dealing with the City; and he would like that on agenda for consideration. The motion carried by unanimous voice vote - 5. 94-584 Report from the Community Development Director regarding selection of the color "municipal green" for the Park Street Bridge. Vice Mayor Roth moved recommendation to select the color municipal green for the Park Street Bridge. Councilman Arnerich seconded the motion. John Scott Graham, Alameda, stated he is against the color municipal green. Councilmember Appezzato stated he will go with the majority on the motion, but his choice is international orange. The motion carried by unanimous voice vote - 5. 94-585 Report from Police Chief regarding vandalism crime in Alameda. (Councilmember Appezzato) Councilmember Appezzato stated he requested the matter be placed on agenda because of citizens' comments and media attention, and he requested an oral report from staff. Police Captain Schmitz stated Alameda, like other cities in California, is suffering a wave of vandalism with graffiti being a symptom; however, the situation in Alameda is much better today than a year ago because of a team effort between the City and the Alameda Unified School District; and much better than most communities. Minutes of Regular Meeting Alameda City Council October 4, 1994 President Withrow stated the 1993-94 figures reflect a 20% reduction has occurred, and City should be commended. Vice Mayor Roth stated that an off-agenda report from the Police Department indicated that major crime, vandalism, have gone down in Alameda, and only a few areas of crime have gone up. Councilmember Lucas inquired if there is any indication that once juvenile vandalism offenders complete their Youth Diversion Program, they become repeat offenders. Captain Schmitz replied the program is relatively new, but thus far, there have not been a lot of repeat offenders; unfortunately, the County does not have the resources to deal with this [vandalism] type of cases. President Withrow inquired whether Alameda is on record at the County regarding the values City wants maintained, and if County is not maintaining them, County is not using Alameda's tax dollars in line with what we hoped would be achieved. Captain Schmitz stated staff deals with Alameda County daily to be sure cases are resolved in an appropriate fashion. President Withrow stated it may help for the City Manager to write a letter to the County Administrator. Councilmember Appezzato moved acceptance of the staff report. Councilmember Lucas seconded the motion which carried by unanimous voice vote - 5. 94-586 Ordinance No. 2676, N.S. "Granting an Easement to Central & Park Associates and approval of agreement between the City and Central & Park Associates to allow the installation of a door in the building located at 2314 Central Avenue." Councilmember Lucas stated she will abstain from this item. John Scott Graham, Alameda, stated he is against ordinance because everyone else must go through the permit process. Councilman Arnerich moved acceptance of the recommendation [to authorize Grant of Easement and approve Agreement]. Councilmember Appezzato seconded the motion which carried by the following voice vote: Ayes: Councilmembers Appezzato, Arnerich, and President Withrow - 3. Nayes: None. Absent [from the dais] - Vice Mayor Roth - 1. Abstentions: Councilmember Lucas - 1. Vice Mayor Roth returned to the dais. Minutes of Regular Meeting Alameda City Council October 4, 1994 Q) 0 Councilman Arnerich stated Vice Mayor Roth indicated this item requires a four-fifths vote; and if so, he would like to call [move] for a re-vote. President Withrow stated the Chair rules that Council take a new vote. The second vote was cast as follows: Ayes: Councilmembers Appezzato, Arnerich, Vice Mayor Roth and President Withrow - 4. Nayes: None. Absent: None. Abstentions: Councilmember Lucas - 1. ORAL COMMUNICATIONS 94-587 Neil Patrick Sweeney, Alameda, stated candidates for the City of Alameda and Alameda County Board of Supervisors should make known their plans for Alameda's Carnegie Library; a San Francisco Examiner article last Sunday stated a task force of librarians and local officials has been formed to explore restructuring libraries; the State task force is scheduled to report by the end of the year, and Friends of the Library are asking for help. 94-588 Don Bergen, Alameda, addressed Betty Ballerini's remarks at the last Council meeting; and expressed his displeasure concerning her comments on businesses owned by the Asian Community. 94-589 Herb Severns, Alameda, noted the Annual Punt, Pass and Kick competition is taking place Saturday. 94-590 Gerhard Degemann, Alameda, stated November 1st, he will pay probably $7,000 to $8,000 property tax on his home and business, and the City will receive less than $100 from it; this is outrageous, there is no accountability, and Council should pursue the County to see what happened to the money and how it was used; would also like to know if the City received any of the $5,000,000 fine that Lucky's Stores paid last year, to use for the Food Bank and homeless shelter. The City Manager stated he has been informed by the City Attorney that he cannot answer under Oral Communications but he will speak to Mr. Degemann after the meeting. President Withrow requested the City Manager to place on agenda the comment having to do with the unbundling of benefits relative to the investment of Alameda taxpayers into the County. 94-591 Walt Smith, Alameda, stated employee lost $3,200 in damages due to his [employee's] girlfriend; she has harassed him [Smith] at his home and office because he will not fire his employee; and the District Attorney has dropped charges against Minutes of Regular Meeting Alameda City Council October 4, 1994 her. President Withrow requested a report back to the City Council on issues raised by Mr. Smith. COUNCIL COMMUNICATIONS 94-592 Councilman Arnerich stated his property taxes have doubled in the last six years, the City's tax rate has remained the same for about 15 years; and the increases originate with the County and State. President Withrow requested the City Manager to prepare a press release on the matter to that effect. 94-593 Consideration of Mayor's nomination for an appointment to the Golf Commission. Mayor Withrow nominated Connie R. Wendling for appointment as Member of the Golf Commission. 94-594 Consideration of Mayor's nominations for three appointments to the Recreation Commission. Mayor Withrow nominated Bernard F. Roberts and David D. Sillers for reappointment, and Stephen E. Post for appointment as Members of the Recreation Commission. 94-595 Councilmember Lucas requested a report from Community Development Department concerning 1574 Pacific Avenue where the City has apparently granted money in the amount of $48,500, and apparently prostitution and drug dealing has taken place on the property; she would like to find out the status of the property and if there was illegal construction in the past. ADJOURNMENT President Withrow adjourned the meeting at 10:40 p.m. Respectfully submitted, DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Minutes of Regular Meeting Alameda City Council October 4, 1994