1998-07-21 Regular MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- -JULY 21, 1998 - -7:30 P.M.
Mayor Appezzato convened the Regular Meeting at 7 :51 p.m.
ROLL CALL - PRESENT: Councilmembers Daysog, DeWitt, Lucas and
Mayor Appezzato 4.
ABSENT: Councilmember Kerr - 1.
AGENDA CHANGES
None.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
(98 -383) Presentation by Chair of the Park Street Art and Wine
Fair.
Lars Hansson, Chair of the Park Street Art and Wine Fair, presented
the Mayor and Council with commemorative glasses, commented on the
success of the fair last year; and invited the City Council to
attend.
(98 -384) Presentation by Chair of the Sesquicentennial Committee.
Susan McCormack, Chair of the Sesquicentennial Committee, gave an
update on Committee activities; invited members of the Council and
public to attend Committee Meetings; and stated the Committee is
searching for participants to be placed on the winter calendar of
events.
CONSENT CALENDAR
Mayor Appezzato announced that the following items were withdrawn
from the Consent Calendar for discussion: Community Development
Block Grant Agreement with East Bay Asian Local Development
Corporation [paragraph no. 98 -390]; Adoption of Resolution Amending
Resolution No. 13018 pertaining to placing Charter Amendment on the
November 3, 1998 ballot [paragraph no 98- 394]; and Adoption of
Resolution Amending Master Fee Resolution No 12191 [paragraph no
98 -398].
Councilmember Lucas moved acceptance of the remainder of the
Consent Calendar.
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 4. Absent: Councilmember Kerr - 1. [Items
so enacted or adopted are indicated by an asterisk proceeding the
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Alameda City Council
July 21, 1998
Cr,
paragraph number.]
(*98-385) Minutes of the Special and Regular City Council Meetings
held on July 7, 1998. Approved.
(*98-386) Recommendation to adopt Out-of-Town Travel Budget for
Fiscal Year 1998-99. Accepted.
(*98-387) Recommendation to deny the request by Philip A. Groman to
waive Business License Late Fee Charge. Accepted.
(*98-388) Recommendation to authorize implementing actions related
to the Commercial Revitalization Budget for Fiscal Year 1998-99.
Accepted.
(*98-389) Recommendation to authorize execution of FY 1998-99
Community Development Block Grant (CDBG) Agreement with the College
of Alameda for Alameda One-Stop Career Center, including Work for
Alameda Youth. Accepted.
(98-390) Recommendation to authorize execution of FY 1998-99
Community Development Block Grant (CDBG) Agreement with East Bay
Asian Local Development Corporation (EBALDC) and Alameda Multi-
Cultural Community Center Governing Board for Alameda Multi-
Cultural Community Center,
Don Bergen, Alameda, commented on benefits provided to immigrants;
and stated money should be given back to the American taxpayers
instead.
Lynette Lee, Executive Director, East Bay Asian Local Development
Corporation, stated the Multi-Cultural Center will celebrate the
many different populations present in Alameda; currently, they are
looking for sites.
Councilmember Daysog stated that Ms. Lee is Executive Director of
a non-profit organization in China Town which has built housing to
ensure families to self sufficiency, it is a well established
organization in terms of reputation and delivery of products and
services.
Christine Harrison, Buena Vista United Methodist Church, stated
that she has worked with the Multi-Cultural Program Committee, the
official governing board has representation from eight different
organizations and has been doing outreach to other organizations;
the group is excited to help serve Alameda.
Pat Lynch, Alameda, stated that he represents West End Concerned
Citizens on the Multi-Cultural Center Governing Board, money will
be realized over and over again; and the Center will be
instrumental in dealing with cultural ignorance.
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July 21, 1998
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Arnold Fong, Organization of Alameda Asians, stated a Center is
needed; money has been provided from other agencies; the Center
will outreach to impacted communities to link programs and services
in Alameda, and identify gaps in services and needs.
John Paschal, Program Chairman, stated it will be good to have a
place for all cultures, where ideas can be exchanged and people can
come together to recognize differences.
Councilmember Lucas stated the City of Alameda has needed this kind
of Center for many years and moved approval of the staff
recommendation.
Councilmember Daysog seconded the motion.
Under discussion, Vice Mayor DeWitt stated an [County] organization
called the "Alameda Collaborative for Children, Youth, and Their
Families" conducted an assessment which came up with information
that the diversity in Alameda is increasing; the City must move [in
the direction] of its population and provide services.
On the call for the question, the motion carried by unanimous voice
vote - 4. Absent: Councilmember Kerr - 1.
(*98-391) Recommendation to accept the work of St. Francis Electric
for Atlantic Avenue Corridor Improvement Project, No, P.W. 07-97-
17. Accepted.
(*98-392) Recommendation to adopt Plans and Specifications and
authorize calling for Bids for Maintenance Service Center Urban
Runoff Control Project, No. P.W. 06-98-15. Accepted.
(*98-393) Recommendation to approve letter of support for SB 1477
(Kopp/Karnette), State Highway Account Funding for maintenance and
construction of storm damage to local streets and highways.
Accepted.
(98-394) Resolution No. 13019, "Amending Resolution No. 13018
Calling a Consolidated Special Municipal Election in the City of
Alameda on November 3, 1998 for the Purpose of Submitting to the
Electors a Proposal to Amend the City of Alameda Charter Pertaining
to the Powers of the Public Utilities Board; and Proposing Said
Charter Amendment." Adopted.
Len Grzanka, Alameda, stated the City is asking the voters to allow
the Bureau of Electricity to enter the cable television business
and compete against the recently merged AT&T/TCI because it will
have a hard time competing against PG&E and other electric
utilities in the age of deregulation; questioned how the Bureau
will compete against AT&T/TCI if it cannot compete against PG&E;
stated when the Bureau enters the Cable TV business, the cost will
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July 21, 1998
be $47.12, however most people on the Island spend less than
$45.00; and further commented on the Bureau's plans to be
competitive.
Kevin Kearney, City Auditor, stated the change in language, to
allow the City Auditor to select the outside auditors for the
Bureau, was unanimously approved by the Public Utilities Board; it
is cost effective to have one CPA firm selected to do the work for
the City and the Bureau; having somebody other than the City
Auditor select the CPA would be inefficient and might delay the
audit; the City Auditor has knowledge of the CPA profession.
Vice Mayor DeWitt stated the City would like to provide fiber optic
connections from Silicon Valley to Silicon Island; said capability
is within the City's grasp; allowing a large monopoly to gain
control of the communications business would cause great suffering;
it is a great thing for the City of Alameda and the taxpayers.
Vice Mayor DeWitt .2.oved adoption of the Resolution.
Councilmember Lucas seconded the motion, which carried by unanimous
voice vote - 4. Absent: Councilmember Kerr - 1.
(*98-395) Resolution No. 13020, "Approving the Undertaking of
Certain Public Improvements on Behalf of the Community Improvement
Commission." Adopted.
(*98-396) Resolution No. 13021, "Authorizing a Budget Encumbrance
for City Obligations Under the Cooperation Agreement Between the
City of Alameda and the Community Improvement Commission."
Adopted.
(*98-397) Resolution No. 13022, "Approving Final Map, Bond and
Subdividers Agreement for Tract 7035 (Schuler Homes)." Adopted.
(98-398) Resolution No 13023, "Amending Master Fee Resolution No
12191 Establishing Civil Penalties for Parking and Standing
Violations and Violation of the Municipal Code." Adopted.
Vice Mayor DeWitt stated that he had a request from a citizen for
further information on 72-hour parking authority to tow vehicles;
requested an off-agenda report providing a copy of Municipal Code
Section 8-7.8. Vice Mayor DeWitt moved adoption of the Resolution.
Councilmember Lucas seconded the motion, which carried by unanimous
voice vote - 4. Absent: Councilmember Kerr - 1.
(*98-399) Ratified bills in the amount of $3,055,702.44.
I 4 II 4 DIM
(98-400) Public Hearing to consider establishing Proposition 4
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July 21, 1998
limit for 1998-99 City of Alameda Spending Limitations; and
Resolution No. 13024, "Establishing Appropriations Limit for Fiscal
Year 1998-99." Adopted.
Mayor Appezzato opened the public portion of the Hearing.
There being no speakers, Mayor Appezzato closed the public portion
of the Hearing.
Vice Mayor DeWitt moved adoption of the Resolution.
Councilmember Lucas seconded the motion, which carried by unanimous
voice vote - 4. Absent: Councilmember Kerr - 1.
(98-401) Resolution No. 13025, "Calling a Consolidated Special
Municipal Election in the City of Alameda on November 3, 1998 for
the Purpose of Submitting to the Electors the Qstion of Whether
the 2% Portion of the Utility Users Tax, Adopted via Ordinance No.
2691 on May 2, 1995, is to be Continued." Adopted.
Transmittance of the City Attorney's Impartial Analysis; and
Report from City Manager on submission of Ballot Measure Argument.
Don Roberts, Alameda, stated the City Attorney's Impartial Analysis
indicates that the City has been imposing a tax on cable television
since 1969; to his recollection, there was no cable television in
1969; the Impartial Analysis also indicates that senior citizens
and low-income families are eligible for an exemption from the
change which is the change of an increase of 2% on electricity,
gas, telephone and cable television; that is not clear; it is not
correct in the statement; as he understands, the exemption does not
apply to telephone bills; as the City Attorney's Impartial Analysis
reads, the implication is that seniors and low-income people would
be entitled to a 2% discount on their telephone bills; at the
bottom of the Impartial Analysis, it indicates what happens in
three areas if this measure passes, no where in there does it
indicate that if this measure passes the exemption for low-income
families and senior citizens would continue; that he also notes
that the wording in the language for the ballot provides no
indication about an exemption for low-income families or senior
citizens, that he also feels that the change in the wording from
the wording that was originally presented which correctly indicated
that the tax was increased from 5.5% to 7.5% is a fairer and more
accurate indication of what is taking place, as opposed to saying
it relates only to a continuation of the 2% increase in the tax;
that he thinks the voters, when they are reading the ballot itself,
should be able to read the ballot and know for a fact that they are
voting to continue an increase in their Utility Tax from 5.5% to
7.5%; if Council wishes to put in an indication that that is a 2%
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July 21, 1998
continuation that is fine, but he thinks it should be clearly
indicated what the tax was, what it was increased to, and what the
tax will go to if this measure is not passed; but again, the
language in the Impartial Analysis should be correct, particularly
relating to the inconsistency or misleading statement that would
indicate to some people that low-income families and seniors are
entitled to a 2% exemption on their telephone bills.
Mayor Appezzato stated if there are any inconsistencies, the City
Attorney should correct them.
Don Bergen, Alameda, stated it does not take two City employees to
clean one garbage can; the City went to the four day work week, to
save $1/4 Million annually; the fact sheet being circulated [on the
Utility Users Tax] is blatantly wrong; cut the fat, waste and boat
buying because the City will not win on this one; the campaign
against the Utility Users Tax started today.
Councilmember Lucas moved adoption of the Resolution.
Councilmember Daysog seconded the motion.
Under discussion, Mayor Appezzato stated the City Council has to
pick the wording of the item.
Vice Mayor DeWitt stated the wording is provided in the Resolution.
Councilmember Lucas clarified that the motion is to adopt the
wording [in the Resolution].
Mayor Appezzato stated that he supports the original wording which
was presented at the last Council Meeting [July 7, 1998]; that he
does not mind changing the wording to explain it is not a new tax
and is a ratification of a 2% tax from two years ago; that he
prefers to see 5.5% to 7.5% included.
Vice Mayor DeWitt stated the question is on the second page of the
Staff Report; "Shall the existing 2% portion of the Utility Users
Tax on telephone users, electricity users, gas users, and cable
users, adopted via Ordinance No. 2691 on May 2, 1995 be continued?"
is the wording that he is requesting [be approved].
Mayor Appezzato stated wording to show the raise in the Utility
Users Tax from 5.5% to 7.5% should be used.
Councilmember Lucas stated the City Attorney's Impartial Analysis
would be printed in the ballot which explains the fact that it is
5.5% to 7.5%.
Mayor Appezzato stated that his concern is the City raised the tax
from 5.5% to 7.5%; the key is it is not a new tax; it is
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July 21, 1998
ratification because of Proposition 218; if 5.5% to 7.5% is not put
in, people will not understand.
Councilmember Daysog stated that the public should be provided as
much information as possible.
Mayor Appezzato stated having 5.5% to 7.5% is clear and there can
be no criticism.
Councilmember Lucas stated the motion is to adopt the [ballot]
question [in the Resolution].
Vice Mayor DeWitt stated the ballot question is what Proposition
218 requires; that he does not see how adding the 5.5% to 7.5%
clarifies anything; it is more confusing than stating the 2% tax is
being continued; the [Impartial] Analysis explains the percentage.
Councilmember Lucas stated the City Attorney's [Impartial] Analysis
gives a full explanation and will be in the ballot.
Mayor Appezzato inquired whether Council would consider "Shall the
existing 2% portion of the Utility Users Tax, which raised the user
tax from 5.5% to 7.5%, adopted via ordinance be continued?"; that
puts 5.5% to 7.5% back in there.
Councilmember Lucas stated Vice Mayor DeWitt wanted to clarify the
ballot question this way last time [at the 7/7/98 Council Meeting];
and inquired whether he would agree to amend the motion.
Mayor Appezzato stated that he is concerned there might be an
attack on the wording; that he does not want an attack on the
wording; it will be tough enough.
Vice Mayor DeWitt stated that he would accept the amendment.
Councilmember Lucas clarified the motion is amended.
Mayor Appezzato stated that he prefers the first one [ballot
question submitted to Council 7/7/98].
Don Roberts stated the wording states "for cable"; it might be
clearer if it states "cable television".
The City Attorney clarified that Mayor Appezzato was proposing to
revise the question to be placed on the ballot to: "Shall the
existing 2% portion of the utility users tax on telephone users,
electricity users, gas users, and cable television users, raised
from 5.5% to 7.5% via Ordinance No. 2691 on May 2, 1995, be
continued?".
Mayor Appezzato stated that he would prefer said language and
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July 21, 1998
?f,
inquired whether Mr. Roberts was accommodated.
Mayor Appezzato further stated that he prefers the first one
[ballot question submitted to Council 7/7/98: "Shall Ordinance No.
2691, adopted May 2, 1995, which inreased the Utility Users Tax on
telephone users, electricity users, gas users and cable television
users from 5.5% to 7.5% to pay for General Fund services and
obligations, be ratified?"], however, he would agree to the
language proposed tonight.
Councilmember Lucas agreed to amend the motion [to adopt the
Resolution with the revised ballot question proposed this evening:
"Shall the existing 2% portion of the utility users tax on
telephone users, electricity users, gas users, and cable television
users, raised from 5.5% to 7.5% via Ordinance No. 2691 on May 2,
1995, be continued?"].
On the call for the question, the motion carried by unanimous voice
vote - 4. Absent: Councilmember Kerr - 1.
(98-402) Ordinance No. 2768, "Approving and Authorizing the
Execution of a Sublease Agreement between Alameda Reuse and
Redevelopment Authority, as Sublessor, and the City of Alameda, as
Subtenant, for Lease of the Main Street Ferry Terminal Overflow
Parking Lot and Authorizing the City Manager to Execute All
Necessary Documents. Finally passed.
Councilmember Lucas moved final passage of the Ordinance.
Vice Mayor DeWitt seconded the motion, which carried by unanimous
voice vote - 4. Absent: Councilmember Kerr - 1.
(98-403) Public Hearing to consider Resolution No. 13026
"Approving Engineer's Report, Confirming Diagram and Assessment and
Ordering Levy of Assessments, Island City Landscaping & Lighting
District 84-2." Adopted.
Mayor Appezzato opened the public portion of the Hearing.
Steven Ahlberg, Garner Preschool Learning Center, stated that he
lives within said district; raising of the rates is fine; the
question is whether [residents] perceive value for taxes; that he
is in favor of having the area well maintained and kept; owners of
dogs allow dogs to do what they may out there; this is becoming
annoying; young children must be watched very carefully because of
what they might sit, step or fall in; the City should address said
matter to allow kids, families, and everybody to enjoy the fruits
of the area.
The City Manager stated staff will follow up.
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July 21, 1998
Mayor Appezzato closed the public portion of the Hearing and called
for the tallying of the Zone 5 voting.
Public Works Administrative Management Analyst Marge McLean stated
the voting on the district is weighted according to the assessment
of each individual's property; a majority vote would have to total
over $251,265; the City received 38 yes votes for a total value of
$286,993.25; the City has a majority vote.
Vice Mayor DeWitt moved adoption of the Resolution.
Councilmember Lucas seconded the motion, which carried by unanimous
voice vote - 4. Absent: Councilmember Kerr - 1.
(98-404) Ordinance No. 2769, "Amending the Alameda Municipal Code
by Adding Section 1-7 (Administrative Citations) to Chapter I
(General)." Finally passed.
Councilmember Lucas moved final passage of the Ordinance.
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 4. Absent: Councilmember Kerr - 1.
(98-405) Ordinance No. 2770, "Amending the Alameda Municipal Code
by Amending Subsection 4-25.2 (Prohibitions; Exceptions) of Section
4-25 (Parking Prohibited in Front Yards and Side Yards of
Residentially Zoned Property) of Chapter IV (Offenses and Public
Safety) and Adding New Article IV (Regulations Concerning Private
Property)." Finally passed.
Vice Mayor DeWitt moved final passage of the Ordinance.
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 4. Absent: Councilmember Kerr - 1.
(98-406) Ordinance No. 2771, "Amending the Alameda Municipal Code
by Adding a New Section 8-12 (Rules of Procedure Governing the
Contest of Parking Citations and Equipment Violations) to Chapter
XIII (Traffic and Motor Vehicles)." Finally passed.
Councilmember Lucas moved final passage of the Ordinance.
Vice Mayor DeWitt seconded the motion, which carried by unanimous
voice vote - 4. Absent: Councilmember Kerr - 1.
(98-407) Ordinance No. 2772, "Approving and Authorizing the Sale
of 10.28 Acre Parcel, APN 074-1339-32-1, Located Within the Harbor
Bay Isle Business Park, to Harbor Bay Isle Associates." Finally
passed.
Councilmember Lucas moved final passage of the Ordinance.
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July 21, 1998
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 4. Absent: Councilmember Kerr - 1.
ORAL COMMUNICATIONS, NON-AGENDA
(98-408) Don Bergen, Alameda, commented on broken campaign
promises as they relate to the Gay Proclamation, and domestic
partner benefits.
(98-409) Andrew McCormack, Alameda, thanked the Mayor and Council
for making it [Utility Users Tax language] clear to taxpayers.
• • Vlidalk. 4 •
(98-410) Consideration of Mayor's nomination for appointment to
the Housing and Building Code Hearing and Appeals Board.
Mayor Appezzato nominated Gabriel Longoria +' the Housing and
Building Code Hearing and Appeals Board.
(98-411) Consideration of Mayors nomination Lor appointment to
the Planning Board.
Mayor Appezzato announced that his nomination to the Planning Board
would be held over to another meeting.
(98-412) Councilmember Lucas stated that an individual with an
electric wheelchair finds it difficult to ride on City sidewalks;
often, sidewalks are overgrown with bushes; also, with the curb
cuts, there is a lot of up and down; said individual was requesting
to be able to use the bike lane; suggested said matter be referred
to the Mayor's Committee for the Disabled; and stated if the Mayor
concurs she would like to request a report from said Committee.
Mayor Appezzato agreed to send the matter to said Committee and
stated a report should include whether bike lanes can be used by
people with vehicles for the handicap.
The City Manager stated staff will provide an off-agenda report in
conjunction with referral to the Mayor's Committee.
(98-413) Mayor Appezzato stated a citizen approached him about
beautifying the City and provided pictures of a new type of
telephone booth which is difficult to graffiti and destroy;
directed staff to contact phone company to see if, in fact, they
will install said phone booths [in Alameda].
(98-414) Mayor Appezzato directed staff to prepare an off-agenda
report on the placement of radio antennas; staff is aware of where
one is that has been a difficulty; questioned whether the City did
the right thing, and if there recourse; report should be as
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July 21, 1998
complete as possible; that he does not want it to happen again
without the City having knowledge; there should be a way to prevent
controversy which has risen in that part of the City.
(98-415) Mayor Appezzato stated that he has received a tremendous
amount of mail, phone calls, etc. about the Dog Park; he knows the
City made an agreement to move it out to Alameda Point; if moving
it was a mistake, it needs to be corrected; the Dog Park community
found previous location was not a burden; there was parking, etc.;
staff should contact East Bay Regional Park District to see if
there is any possibility of renewing [Lease] and making it [Park]
permanent; there is excess land there; there is more cost involved
in moving; that he does not recall receiving any complaints
regarding the Park; if the land is not going to be used for
anything else and if the Dog Park worked there, why move it; that
he is willing to say he made a mistake, if we can consider it
again.
ADJOURNMENT
There being no further business, Mayor Appezzato adjourned the
Regular Meeting at 8:48 p.m.
Respectfully submitted,
Drane B. Fe
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Regular Meeting
Alameda City Council
July 21, 1998