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1995-05-16 Regular CC Minutes156 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL MAY 16, 1995 The meeting convened at 7:40 p.m., with Mayor Appezzato presiding. The Pledge of Allegiance was led by Vice Mayor Mannix. Reverend Zuikei Taniguchi, Buddhist Temple of Alameda, gave the invocation. ROLL CALL - Present: Councilmembers Arnerich, DeWitt, Lucas, Mannix and President Appezzato - 5. Absent: None. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY (95-299) Proclamation Declaring the Week of May 21 - 27, 1995, as "National Law Enforcement Week." President Appezzato read the Proclamation, presented same to the Chief of Police, Burnham Matthews, and stated that the Alameda Police Department was one of the finest in the East Bay Area and in the State of California. The Chief of Police accepted the Proclamation and thanked the Mayor and City Councilmembers for said recognition. CONSENT CALENDAR President Appezzato announced that Item 5-K (Written Communication from Treasurer, Alameda Coin Club, requesting approval to use the City's insignia on one side of approximately 100 wooden rounds.) had been withdrawn from the agenda; and that Consent Calendar Items 4-B (95-314) [Report from City Manager recommending support of "American Cities Against Drugs" and "The Atlanta Resolution"), and 4-F (95-315) [Report from Public Works Director recommending award of contract to Ageon Painting Company in the amount of $86,200 for the Exterior Painting of Historic Alameda High School, No. P.W. 03- 95-06) were pulled for public discussion. Vice Mayor Mannix 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. *95-300 Minutes of the Regular City Council Meetings of April 18, and May 2, 1995, and Special City Council Meeting of May 2, 1995 (Closed Session). Approved. Regular Meeting, Alameda City Council May 16, 1995 157 *95 -301 Report from Public Works Director recommending adoption of Plans and Specifications and Calling for Bids for Drainage Improvements at the Chuck Corica Golf Complex, No. P.W. 12- 94 -21. Accepted. *95 -302 Report from Public Works Director recommending adoption of Plans and Specifications and Calling for Bids for Renovations at the Chuck Corica Golf Complex, No. P.W. 01- 95 -02. Accepted. *95 -303 Report from Public Works Director recommending acceptance of the work by Gelco Services, Inc. for Emergency Sanitary Sewer Repair along South Shore Lagoon Seawall from Bay Street to Ninth Street. Accepted. *95 -304 Report from Public Works Director recommending adoption of Plans and Specifications and Calling for Bids for Interior Renovation of Historic Alameda High School - East Wing, 2250 Central Avenue, No. P.W. 05- 95 -11. Accepted. *95 -305 Report from Finance Director transmitting Quarterly Sales Tax Report for period ending March 31, 1995, for Sales Transactions in the Fourth Calendar Quarter for 1994. Accepted. *95 -306 Report from Finance Director transmitting Investment Portfolio for period ending April 30, 1995. Accepted. *95 -307 Report from Finance Director recommending the setting of a Public Hearing for June 20, 1995, for consideration of a resolution establishing Prop 4 Limit for FY 1995 -96. Accepted. *95 -308 Resolution No. 12642 "Authorizing the City Manager to Sign all Necessary Grant Documents on Behalf of the City of Alameda and Committing Funds for Local Funding Match for the Alameda City Hall Renovation, No. P.W. 10- 93 -14, Grant Project No. SPS 3191." Adopted. *95 -309 Resolution No. 12643 "Intention to Levy an Annual Assessment on the Alameda Business Improvement Area of the City of Alameda for FY 1995 -96, and Setting Public Hearing for June 6, 1995." Adopted. *95 -310 Resolution No. 12644 "Providing for the Borrowing of Funds for Fiscal Year 1995 -96 and the Issuance and Sale of 1995 Tax and Revenue Anticipation Notes Therefor." Adopted. *95 -311 Resolution No. 12645 "Designating Public Works Director and City Manager to Act as Agents on Behalf of the City of Alameda to the State in all Matters Pertaining to Natural Disaster Assistance, FEMA- 1046 -DR." Adopted. Regular Meeting, Alameda City Council May 16, 1995 158 *95-312 Introduction of Ordinance "Amending the Alameda Municipal Code by Repealing Section 23-4 (Weeds and Other Deleterious Growths) in its Entirety and Replacing with Revised Section 23-4 (Weeds, Rubbish and Rubbish Control) of Chapter XXIII (Parks, Recreation Areas and Public Property)." Introduced. *95-313 Bills, certified by the City Manager to be true and correct, were ratified in the sum of $1,507,529.30. Ratified. 95-314 Report from City Manager recommending support of "American Cities Against Drugs" and "The Alameda Resolution." Vice Mayor Mannix read the following statement into the record: "Before I vote on this item, I think it is necessary to make a few comments on my position in order to eliminate any misunderstandings on the part of the public or media on where I stand. First, I am adamantly against the marketing and use of illegal drugs. I am all too familiar with the negative consequences resulting from this plague on our communities. However, there is nothing new in this 'Atlanta Resolution'. It is merely more of the so-called 'War on Drugs' rhetoric which has proliferated throughout the last 25-30 years (and maybe longer). It is all very nice and designed to make us all feel warm and tingly but it produces very little in the way of results. Basically, it says we are all against drugs and should do something about it. Well, I hope we are and do. While I am not an advocate of legalization or decriminalization of drugs (I see some inherent problems), this resolution states that the nation's mayors reject ALL proposals to legalize or decriminalize them even before there is a national debate on the subject. That seems a bit closed minded to me. In this so-called 'War on Drugs' that some other politicians declared we have done a great deal on the propaganda end and have made some positive educational and treatment inroads. We have, however, done very poorly in generating the national will to defeat the enemy which is necessary to effectively wage any type of war. We have had little in the way of success in attacking the logistical base of drug trafficking. We seldom take down any of the big money people (the suits) who bankroll this illicit industry and who are well insulated by distance, position, and political connections. Indeed, our own government has occasionally winked an eye at the trade when it serves some secret and magical government purpose. Personally, I am philosophically opposed to these paper exercises which do little more than raise peoples hopes that something is going to be done when in all probability very little will change. I am adamantly opposed to paper exercises that accomplish nothing while enforcement efforts are unable to do little beyond attacking the two-bit punks who are the regular grist of the enforcement effort and are so quickly replaceable that the mill-wheel never misses a turn. I am unequivocally opposed to the hypocrisy of senselessly sacrificing our young men and women in law enforcement and Regular Meeting, Alameda City Council May 16, 1995 159 abandoning our poorer neighborhoods in a war that we have no national will to win. I think this resolution is well intended and worthy of consideration, however, I personally cannot support any such naive rhetorical exercise until our Federal Government commits itself to focusing our national will and energy to the effort. I don't see that happening when many of the ideals expressed in this resolution are currently on the table in the Senate and Congress to be cut back or eliminated. I don't see it happening when our entertainment industry continues to glorify drug use. I don't see it happening when we continue to idolize public figures, movie stars, and athletes who use drugs. I am particularly disturbed when we see users of drugs elected to public office. When we can decry these pariahs we will have made a start. These things indicate to me that the nation will to defeat the culture of drug use is virtually non-existent and that being the case I cannot support anything that precludes any portion of a national debate on all the facets of this issue and earnestly hope that we will see a commitment of national will to wage more than rhetorical warfare on this collective national shame." Councilmember Lucas spoke in support of Vice Mayor Mannix's position; stated that a national discussion on how to handle such problems is needed; and that paper exercises lack effectiveness. Councilman Arnerich spoke in support of Vice Mayor Mannix's position; stated that increased efforts are needed against the war on drugs; opposed participating in a paper exercise; and suggested that Mayor Appezzato convey Vice Mayor Mannix's position to those in attendance at the Mayor's Conference in Atlanta, Georgia. Mayor Appezzato spoke in support of the resolution; and stated that he would not be in attendance at the Mayors' Conference. Councilmember DeWitt spoke in support of Vice Mayor Mannix's statement regarding efforts of individuals who should try to prevent the use of drugs; stated that those who want to prevent drug use have to go through paper exercises; and moved that the City Council support "The Atlanta Resolution" and inform the Mayor of Atlanta [host of the Mayors' Conference] of said support. President Appezzato seconded the motion. The motion failed by the following voice vote: Ayes: Councilmember DeWitt and President Appezzato - 2. Noes: Councilmembers Arnerich, Lucas and Mannix - 3. Absent: None. Abstentions: None. Vice Mayor Mannix requested that President Appezzato prepare and transmit a letter to the Mayor of Atlanta [host of the Mayors Conference], conveying the Council's position; and stated that the resolution was satisfactory, as written, but not in principle. Regular Mer-ting, Alameda City Council May 16, 1995 160 President Appezzato stated he would convey Council's position. Councilmember Lucas so moved. Councilman Arnerich seconded the motion. The motion carried by the following voice vote: Ayes: Councilmembers Arnerich, DeWitt, Lucas and Mannix - 4. Noes: President Appezzato - 1. 95 -315 Report from Public Works Director recommending award of contract to Ageon Painting Company in the amount of $86,200 for the Exterior Painting of Historic Alameda High School, No. P.W. 03- 95-06. President Appezzato stated that the report was pulled from the Consent Calendar in order to receive confirmation that the contract for exterior painting will not exceed said amount; and requested that the City Manager respond. The City Manager confirmed that exterior painting was included in the contract's scope of work; that the project included stucco repair and glazing work; that said repair and work was necessary due to possible future leakage; and that staff expected said company to complete entire project in accordance with stated cost. Councilmember Lucas moved the staff recommendation. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. AGENDA ITEMS (95 -316) Report from Special Investigator, John T. Trumbo and recommendations to City Council from the Planning Board regarding 1574 Pacific Avenue. President Appezzato requested that comments be given within the specified three - minute time allotment; and that comments not be repetitive. Don Roberts, Alameda, stated that the following documents were omitted from the City Council packet of May 16, 1995: a nine -page document submitted at City Council's previous meeting; a three page letter critical of the Trumbo report prepared by an attorney; a response from City staff to Barbara Kerr's nine page letter; and a report submitted to the Department of Community Development from a lead abatement group in Alameda County. Mr. Roberts also stated that in a packet prepared by Dona Hoard, Director of Community Development, that Ms. Hoard informed that the material [report from lead abatement group] was available for review at the City Clerk's Regular Meeting, Alameda City Council May 16, 1995 181 Office; and spoke in opposition to discussing agenda items without background information being provided to the public. Councilman Arnerich stated that if the public had not received the information that the Council was provided, and if the information had not been made available for their review, then the public could not be informed and expressed opposition in proceeding further. President Appezzato clarified that the information provided to Council was available to the public; that those items omitted from the Council packet were documents submitted over a year's period of time; and that those omitted items were provided to the public or made available for public review in the City Clerk's Office. Councilman Arnerich stated that some of the documents mentioned by Mr. Roberts could be made available to the public; and that informational issues should be forthcoming to the public. Vice Mayor Mannix stated that this item should be discussed, resolved and concluded; that a lack of communication has contributed to miscommunication; and suggested that all relative documents be submitted to the public to ensure that nothing is being hidden from them. Councilmember Lucas concurred with Vice Mayor Mannix's comments; suggested that the Pacific Avenue group offer their preference with regards to proceeding or laying the item over; and informed the Council that said group's attorney was not available for tonight's Council meeting. Councilman Arnerich requested that the Pacific Avenue group be consulted regarding their position in proceeding further. President Appezzato stated that Mr. Roberts' comments were intended for every citizen of the City to have access to public documentation, not just the people from Pacific Avenue. Councilman Arnerich stated that the costs of producing complete packets for all interested persons from the public regarding said matter would be exorbitant; and stated that all pertinent information should be made available for public review in the City Clerk's Office, and that each member of the public could determine what was important to them and request appropriate copies xeroxed at cost. The City Attorney stated that the question being discussed was a policy question and not a legal one; that the correspondence regarding said matter was public record; that anyone was entitled to review and/or purchase copies of said documentation; that if Council desired to proceed, it may do so; that the memorandums Regular Meeting, Alameda City Council May 16, 1995 162 written to the City Manager were not intended to be a part of the agenda packet; that as a matter of policy, if the Council desired to provide the public with all of the information they desired, Council could lay the matter over until all relative information was made available for public review. Eve Roberson, Alameda, Save Pacific Avenue, stated that the group's major concern was that the Temporary Certificate of Occupancy on the property remain in effect until all of the problems are resolved. David Self, Attorney representing Mr. Tayag, addressed the City Council. Following discussion, the City Attorney stated that Mr. Self has consented, on behalf of his client, for an extension of the Certificate for perhaps 30 days, until Council can address matter at their next meeting. In response to Councilmember Lucas' inquiry, Ms. Roberson stated that to the best of her knowledge, the Attorney for Save Pacific Avenue would return from out of the Country the end of the month and would then be available. In response to President Appezzato's inquiry, Ms. Roberson stated that she had been informed by members of the public that information had not been made available to them; that the Save Pacific Avenue group was concerned regarding said statement; and that she believed that the Save Pacific Avenue group would be in support of laying the matter over, but re-agendized at the earliest possible time. Councilman Arnerich moved that Item 5-A [Report from Special Investigator, John T. Trumbo and recommendations to City Council from the Planning Board regarding 1574 Pacific Avenue) be held over to Tuesday, June 20, 1995, at 7:30 p.m. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. (95-317) Report from City Manager estimating 1994 Staffing and Related Costs for Boards, Commissions and Committees. Earl Peacock, Alameda, stated that he had previously served on committees; expressed frustration in obtaining requested information; recommended that Council ensure requests for information/studies be provided; and stated that the efficiency of each board, commission and committee should be determined. Don Bergen, Alameda, suggested that one-third of the boards, commissions and committees be deleted; that one-third be voluntary; and that one-third be retained and/or consolidated. Regular Meeting, Alameda City Council May 16, 1995 163 In response to Councilman Arnerich's inquiry, the City Manager stated that members of boards, commissions and committees were not paid for their services. Linda Larkin, Alameda, expressed concern for the boards, commissions and committees' effectiveness; and spoke in support of staffing and related costs. Vice Mayor Mannix moved that the report be referred back to appropriate staff involved with boards, commissions, and committees; and also referred to the boards, commissions, and committees for self-analysis; that a review on the viability of each board, commission and committee be conducted; and staff report back to Council with recommendations on which bodies can be either deleted, consolidated, restructured, and/or limited in the number of meetings held. Discussion was held regarding staffing hours and related/actual costs. Councilmember DeWitt expressed concern that the impression was being given that the volunteer board, commission and committee members were paid, and reiterated that they were not; and thanked those volunteers for their support and dedication. President Appezzato stated that he would support the motion, and suggested the following: consolidation of Youth Activity Network Committee with Youth Counsel Committee; Rent Review Advisory Committee under the Social Service Human Relations Board; fewer Mastick Senior Center committees; and Rent Review Board going to the Housing Commission. Councilmember Lucas seconded the motion. The motion carried by unanimous voice vote - 5. (95-318) Status Report from Finance Director on Pension Plans 1079 and 1082. President Appezzato stated that he had attended his first meeting as Chair of the Pension Board; that he was educated about Pension Plans 1079 and 1082; that he requested the City Manager provide the Council information regarding the impacts of said plans; and that the matter was agendized to not only inform the Council, but the public too. At the request of President Appezzato, Finance Director, reviewed the report. Councilmember Lucas moved acceptance of the report. Councilman Arnerich seconded the motion. Regular Meeting, Alameda City Council May 16, 1995 President Appezzato suggested that the motion be amended to direct the City Manager to negotiate the impact of 1082 benefits. At the request of Councilmember Lucas, the City Manager explained said impacts. In response to President Appezzato's proposed amendment to the motion, Vice Mayor Mannix stated that the matter was a Meet and Confer issue. Following discussion, Councilmember Lucas' motion carried by unanimous voice vote - 5. Council recessed at 8:54 p.m. and reconvened at 9:12 p.m. President Appezzato pulled Item 5-J out of order. (95-319) Written Communication from Nancy J. Nadel, East Bay Municipal Utility District (EBMUD) Director, Ward 5, requesting Council to urge the District's Board to not settle its case against Contra Costa County and to protect water supplies for existing customers and customers within EBMUD's current boundaries. Nancy Nadel, Alameda, updated Council regarding actions taken against Contra Costa County, and reported on EBMUD's boundaries. In response to President Appezzato's inquiry, Ms. Nadel stated that EBMUD was in support of the Council's efforts at the Naval Air Station Base inasmuch as Council adhere to East Bay Conversion and Reinvestment Commission's established environmental principles to be used for criteria for development. Councilmember DeWitt requested clarification regarding Ms. Nadel's request for Council action. President Appezzato stated that there was no suggested action as to how Council should proceed, and that the matter was open for discussion; and expressed concern in that the Court ruled in favor of EBMUD, and preferred said matter remain in the court system. In response to Councilman Arnerich's inquiry, Ms. Nadel discussed rate reductions, and stated that the rates have decreased during the past few years. Don Roberts, Alameda, spoke in support of Ms. Nadel's communication. John Scott Graham, Alameda, spoke in partial support of Ms. Nadel's communication; and suggested that a compromise be attempted. Regular Meeting, Alameda City Council May 16, 1995 185 Neil Patrick Sweeney, Alameda, spoke in support of Ms. Nadel's communication; and thanked Ms. Nadel for outstanding work. Earl Peacock, Alameda, spoke in opposition to Ms. Nadel's communication. President Appezzato read from Ms. Nadel's communication and agreed that the EIR was inadequate. Councilmember Lucas commended Ms. Nadel's communication; stated that she was opposed to urban sprawl; and that she was not knowledgeable enough to vote on said matter and would abstain. Councilman Arnerich moved that Council authorize a letter to be prepared urging the District's Board not to settle its case against Contra Costa County, and that a resolution be written for consideration at the June 6, 1995, Council meeting. Vice Mayor Mannix seconded the motion. The motion carried by the following voice vote: Ayes: Arnerich, DeWitt, Mannix, and President Appezzato - 4. Abstentions: Lucas - 1. (95-320) Report from City Manager on 1995-96 Budget Amendments. At the request of President Appezzato, the City Manager reviewed the staff report. Following discussion, President Appezzato informed the Council that the Senate had passed a 50% reduction in Community Development Block Grant (CDBG) monies; that the House had passed a 20% reduction in said monies; and that if Congress adopts the recommended 50% reduction, that would be an approximate $650,000 cut in CDBG funds to the City of Alameda next year. President Appezzato requested the City Manager to investigate and report back with recommendations regarding how the City should deal with the loss of revenue because of leased vehicles vs. sale of vehicles. Councilman Arnerich moved approval of the recommendation that Council direct preparation of a resolution appropriating funds for departmental budgets for FY 1995-96 reflecting the modifications discussed in report. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. (95-321) Report from Community Development Director recommending continued participation in the Alameda County Lead Poisoning Prevention Program. Regular Meeting, Alameda City Council May 16, 1995 166 Don Roberts, Alameda, spoke in opposition to limited time given to the City Council to make a decision regarding participation of said program; suggested a minimum 60-day notice given to the City Council for their decision-making process; and discussed costs and taxes. Daniel Nackerman, Alameda, spoke in support, and urged the City Council to approve the program. Barbara Kerr, Alameda, spoke in support of Mr. Roberts' comments; expressed concern for accounting costs; and recommended that the issue of costs be reviewed more closely. Daniel Hodges, Alameda, spoke in support of the program. Stephen Schwartzberg, Director of Alameda County's Lead Poison Prevention Program, spoke in support of the program. In response to Councilmember Lucas' inquiries, Mr. Schwartzberg reviewed the hazards of lead poisoning; and gave an overview of Alameda County's Lead Poison Prevention Program. Councilman Arnerich stated that when the Council approved the program three years ago, that he voted in opposition. Councilmember Lucas stated that she, too, voted in opposition to the program. Councilman Arnerich stated that although he had some reservations regarding the program, the program had merit. In response to Councilmember DeWitt's inquiry, Mr. Schwartzberg gave an overview of the benefits that taxpayers receive from the program. Diane Coler-Dark, Alameda, expressed concern regarding the limited number of Alameda homes able to participate in program; spoke in support of the upcoming Bond Issue for the library; requested that the $10 fee assessed to homeowners for the program be removed and applied to the library bond project. In response to Councilmember Lucas' inquiry, the City Manager reviewed the stipulations of the Agreement. In response to President Appezzato's inquiry, the City Attorney addressed procedures for re-entry into the Agreement. Councilman Arnerich moved Council approve the Lead Abatement Program for one year. Councilmember DeWitt seconded the motion. Regular Meeting, Alameda City Council May 16, 1995 167 Councilmember Lucas spoke in support of Ms. Coler-Dark's comments and suggestion. President Appezzato requested that staff prepare a written report addressing Barbara Kerr's written communication listing questions regarding the program; and that if the motion carried, that staff's report be re-submitted at next year's deliberations. President Appezzato stated that the $10 assessment fee for the program had been inappropriately billed to many residents whose homes were built after the cut-off date. The motion carried by the following voice vote: Ayes: Councilmembers Arnerich, DeWitt and Mannix - 3; Noes: Councilmember Lucas and President Appezzato - 2. Councilmember DeWitt stated that one of the reasons he voted to extend the program was because he wanted the residents to know about the program, and to avail themselves of it before it is no longer available. (95-322) Report from Community Development Director recommending forbearance on foreclosure until June 30, 1995 on loans to United Pilipinos of Alameda (UPA) for Concordia Street property. Don Roberts, Alameda, referred to last year's staff report; requested Council rescind the open option offer; and urged Council to begin foreclosure proceedings which would not be effective until after the pay-off date that UPA has given. Neil Patrick Sweeney, Alameda, referred to Janet Galera's letter; and stated that the UPA's volunteers deserve 100% support by the City. Don Bergen, Alameda, addressed the Council; suggested that the UPA support themselves by their own means, and that the $100,000 be returned to the City's General Fund. Janet Galera, President, United Pilipinos of Alameda, addressed the Council and gave an overview of the UPA. Jay de los Reyes, Alameda, Vice President, UPA, informed the City Council of the UPA's progress to date regarding said loan, and made clarifications. Councilmember Lucas spoke in support of the UPA; stated that she was offended by staff's report; and apologized to UPA. Regular Meeting, Alameda City Council May 16, 1995 168 Vice Mayor Mannix stated that the UPA had made great contributions; that the UPA was owed a debt of gratitude; and spoke in support of staff's recommendation. Councilmember Lucas moved that the matter be re-agendized for the June 20th Council meeting, and that a report be provided regarding the status of the loan. In response to Councilmember DeWitt's inquiry, Mr. de los Reyes stated that the loan would be paid off this week. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. Council recessed at 10:31 p.m and reconvened at 10:38 p.m. (95-323) Report from Public Works Director recommending award of contract in the amount of $875,882 to Gonsalves & Stronck Construction Company, Inc. for the Hardball Facility at the College of Alameda, No. P.W. 02-95-04. Earl Peacock, Alameda, addressed the Council regarding the contract's budget. Allen Derr, Alameda, addressed the Council regarding Peralta Community College District's role in the contract; and questioned various aspects of the contract. In response to Mr. Derr's inquiry, Assistant City Manager stated that one access ramp would remain, that two were proposed; and that there were 496 seats available, and that six were designated for the handicapped. Pat Bail, Alameda Babe Ruth Representative, addressed various aspects of the contract, to include elements of design; and commended staff for money dispersement. Vice Mayor Mannix solicited Ms. Bail's ideas for corporate sponsorship. Ms. Bail stated that corporate sponsorship was a possibility. Forrest Brewer, Alameda, stated that the City needed to be managed more like a business; and spoke in opposition to expenditure. John McCaskill, Alameda, spoke in opposition to award of contract; stated that Council needed to watch the City's funds more closely; and addressed the restrictions of utilizing AA money. In response to Vice Mayor Mannix's inquiry, Assistant City Manager stated that there would be an at-grade dugout; that there would be Regular Meeting, Alameda City Council May 16, 1995 1 13 9 conduit and wire as part of the project, but it would not initially be lighted; that there was considerable parking at the College of Alameda; that a shared-maintenance program, based upon use, would be practiced, to include an initial range of $35,000; that one staff person was currently assigned by the Peralta College District to provide maintenance for the field; and that as soon as money became available, that the City would produce a new CIP in the next budget to add dressing rooms. Vice Mayor Mannix thanked everyone who phoned and wrote to him regarding this matter; and spoke in support of award of contract. Vice Mayor Mannix moved approval. Councilman Arnerich stated that the City was managed like a business; and reviewed the City's business-minded positions. In response to President Appezzato's inquiries, the City Manager explained the Athletic Trust Fund, and sharing of tax increments. The Director of Public Works stated that a tax increment of approximately $200,000 was for a three-leg traffic signal, and that an additional bus turnout might be a solution. Councilman Arnerich seconded the motion which carried by the following voice vote: Ayes: Councilmembers Arnerich, Lucas, and Mannix. Noes: President Appezzato and Councilmember DeWitt - 2. (95-324) Report from Planning Director transmitting recommendation from the Historical Advisory Board that the City of Alameda apply for the 1995 Certified Local Government Grant Application. Dave Plummer, Historical Advisory Board, stated that the City of Alameda would be competing for said grant as a Certified Local Government; gave specifics of requirements; stated that the Board had previously advocated that a Civic Center Study be conducted if the City was awarded the grant; and spoke in support of the recommendation. Naomi Hatkin, Historical Advisory Board, addressed the Council and explained benefits; and spoke in support of the recommendation. In response to Councilmembers' inquiries, the City Manager addressed in-kind and matched contributions. Councilmember Lucas moved approval of the report and recommendation. Regular Meeting, Alameda City Council May 16, 1995 170 Vice Mayor Mannix stated that the Historical Advisory Board is doing a fine job for the City; however, he believed the recommendation to be premature. Councilmember DeWitt seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Arnerich, DeWitt, Lucas, and President Appezzato - 4. Noes: Vice Mayor Mannix - 1. (95-325) Ordinance No. 2693. Final Passage of Ordinance Approving and Authorizing the Execution of a Lease Between Bernita Leskowski and the City of Alameda for Real Property Located at 1701 Webster Street. Earl Peacock, Alameda, withdrew to Allen Derr. Allen Derr, Alameda, addressed the City Council in opposition to said lease; and offered suggestions. Ed Clark, Alameda, thanked the City Council and expressed appreciation for the City Council's representation on the west end; and spoke in support of lease. Don Bergen, Alameda, addressed the City Council and spoke in opposition of lease. Niall Leahy, addressed the City Council and spoke in support of lease. Vice Mayor Mannix moved final passage of the Ordinance. Councilmember DeWitt recommended that the City Manager lease any extra office space available. Arnerich second motion to adopt Ordinance. Ayes: Arnerich, DeWitt and Mannix - 3; Noes: Lucas and President Appezzato - 2. ORAL COMMUNICATIONS, NON-AGENDA (Public Comment) (95-326) Mr. Allen Derr, Alameda, questioned the Utility Users Tax exemption [from the 2% increase] for low-income persons and seniors 62 years old and over. The City Manager stated that it was currently set up to provide an exemption for all people 62 and over, regardless of income. Mr. Derr suggested that the waiver form for seniors include a designation that would allow the money to go to an organization like Mastick Senior Center or Senior Citizens, Inc. (95-327) Allen Derr expressed disappointment in the lack of support for the Atlanta Resolution, which was placed on the agenda by the Mayor; and suggested that the Council support the Mayor. Regular Meeting, Alameda City Council May 16, 1995 (95 -328) Neil Sweeney, Alameda, announced that Supervisor Chan would be available at Mastick Senior Center on Wednesday, May 17th; that on Saturday, May 20th, the Base Reuse Advisory Group would be sponsoring Preserving the Legacy at the Naval Air Station; and that the Port of Oakland was having Maritime Day also on Saturday, May 20th. He also suggested that a member of the Base Reuse Advise Group be invited to attend meetings to update the community. (95 -329) Don Bergen, Alameda, stated that he hopes the City Clerk would give Ms. Calbreath, former Deputy City Clerk, his best wishes; and that the Mayor give her a wish for happiness and health on the part of the people. 5 -330) Earl Peacock, Alameda, stated that he supports the position the Mayor took on the statement "American Cities Against Drt-.Js . " (95 -331) Kevin Kearney, City Auditor, stated that he had problems with the cost to implement the Utility User's Tax exemption available for low- income persons and seniors, and with the identification of people for the program, e.g. City's authority to request income tax statements; that he believes there needs to be further study to actually determine how to implement exemption and its cost; that as a businessman in Alameda, he has a problem with businesses having to also implement the program; that as an Alameda citizen, he does not think $3.00 a month is going to make the difference for any of the groups that are going to be represented under the rebate program; and suggested the Council review the exemption more closely. COUNCIL COMMUNICATIONS (Communications from Council) (95 -332) Consideration of Mayor's nomination of appointment to the Social Service Human Relations Board. Mayor Appezzato nominated Rahim Aurang for appointment. (95 -333) Councilman Arnerich referred the waiver process for the Utility User's Tax exemption to staff for review. (95 -334) Vice Mayor Mannix requested that staff report back on the following: 1) a preliminary plan on how to bring the Library back to full service upon completion of the ADA Construction Projects; and 2) options for consideration on how to achieve the five -day work week at City Hall again, whether on a full- service level or a partial - service level based on scheduling. Regular Meeting, Alameda City Council May 16, 1995 ADJOURNMENT (95-335) Mayor Appezzato adjourned the meeting at 11:58 p.m., in memory of Virginia Minor, mother of Woody Minor; and Jean Kraft, a teacher in the Alameda Unified School District. Respectfully submitted, DIANE 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 May 16, 1995