1995-03-07 Regular CC MinutesMINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL
MARCH 7. 1995
The meeting convened at 7:30 p.m., with President Appezzato
presiding. The Pledge of Allegiance was led by Councilmember
Lucas. Venerable Wilfred H. Hodgkin, Archdeacon, Episcopal Diocese
of California, gave the invocation.
ROLL CALL -
Present: Councilmembers Arnerich, DeWitt, Lucas,
Mannix and President Appezzato - 5.
Absent: None.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY.
95-143 Presentation of Certificates to Art Hammond and Roger
Williams to acknowledge their efforts in saving James Hewitt on
December 12, 1994.
The Chief of Police described the incident, stated hospital doctors
commented, had it not been for the emergency CPR administered by
the two officers until the Fire Department arrived, Mr. Hewitt may
not have survived.
Mayor Appezzato presented the Certificates of Appreciation for
outstanding service to the community.
CONSENT CALENDAR
The status report (95-148) regarding seismic retrofit regulations
was pulled from the Consent Calendar for discussion.
Councilmember Lucas moved approval of the remainder of the Consent
Calendar. Councilman Arnerich seconded the motion which carried by
unanimous voice vote - 5.
Items so enacted or adopted are indicated by an asterisk.
*95-144 Minutes of the Regular and Special Council Meetings held
February 21, 1995. Approved.
*95-145 Report from Public Works Director recommending adoption
of plans and specifications and calling for bids for repair and
resurfacing of certain streets, Phase 17, No. P.W. 01-95-01.
Accepted.
*95-146 Resolution No. 12623 "Supporting Establishment of a
Multi-Modal Transit Center in Downtown San Francisco." (Mayor
Appezzato) Adopted.
*95-147 Bills, certified by the City Manager to be true and
Regular Meeting, Alameda City Council
March 7, 1995
correct were ratified in the sum of $1,859,189.16.
95-148 Status report from Public Works Director on formation of
committee to develop Seismic Retrofit Regulations for existing
residential structures.
Councilmember Lucas commended staff on their concern for the safety
of Alameda residents; and expressed appreciation that the
development committee will be composed of community representatives
and City Staff.
Councilmember Lucas moved acceptance of report and recommendation
[that Council direct staff to form the code development committee
as described in report, dated February 9, 1995, and proceed with
the development of draft Seismic Retrofit Regulations for Existing
Residential Structures]. Councilman Arnerich seconded the motion
which carried by unanimous voice vote - 5.
REGULAR AGENDA
95-149a Report from Public Works Director recommending adoption
of plans and specifications and calling for bids for Disabled
Accessibility Improvements, Alameda Main and Children's Libraries,
No. P.W. 02-95-05.
95-149b Report from the Library Task Force on Accessibility Plans
for the Main and Children's Libraries.
95-149c Report from Assistant City Manager to Mayor's Committee
for the Disabled regarding staff response to the Library Task Force
Report on Accessibility Plans.
Martin Albert Schaaf, Alameda, stated the disabled are telling
America that they have rights and want them respected.
Michael Hellman, Alameda, Chair, Mayor's Committee for the
Disabled, stated he is speaking as a private citizen and ADA
consultant; suggested various ways project cost could have been
cut; and for the next building upgrade, City should obtain someone
that is an ADA consultant like himself.
Tony Lewis, Alameda, Mayor's Committee for the Disabled; State
Department of Rehabilitation, Counselor for visually impaired;
addressed issue of access and computer equipment for visually
impaired to library; and requested equipment be placed in library
budget, which would benefit others, e.g., seniors.
Responding to the request of President Appezzato, the City Manager,
Assistant City Manager and Architect Pat McDermott reviewed the
proposals by Mr. Hellman, including changes in plans for a ramp.
Regular Meeting, Alameda City Council
March 7, 1995
Replying to President Appezzato, the Assistant City Manager stated
valuable input was received from Mayor's Committee for the Disabled
e.g., restroom doors corrections, placement of drinking foutains.
Mr. McDermott noted a Plan change in the main library vestibules.
President Appezzato thanked Mr. Hellman and the Committee for the
information.
Councilman Arnerich stated City needs to move quickly to comply
with ADA Act; and discussed compliance with Mr. Hellman.
Councilmember Lucas stated she appreciates thorough work Mayor's
Committee has done; believes City has a valid plan.
Councilmember Lucas moved approval of recommendation [to adopt the
plans and specifications for the Disabled Accessibility
Improvements, Alameda Main and Children's Library, No. P.W. 02-95-
05, and direct the City Clerk to advertise same]. Vice Mayor Mannix
seconded the motion.
Vice Mayor Mannix suggested that City staff work on ADA projects
with the architects, individuals familiar with ADA regulations and
persons with disabilities.
Councilmember DeWitt commended Mayor's Committee for the Disabled
for their assistance and attempt to save money for the City.
President Appezzato noted the skylight, automatic door opener,
restroom changing tables and motion detector lighting are optional
items and if budget is exceeded, may not be included.
The motion carried by unanimous voice vote - 5.
95-150 Public Hearing to consider Resolution No. 12624 "Amending
City of Alameda Resolution No. 12243, Storm Water Utility Fees, To
Increase Annual Direct Program Costs." Adopted.
Barbara Kerr, stated that, although no one likes taxes raised, she
is glad this tax is not a dwelling unit nor parcel tax, and is
roughly related to lot size and is therefore not as regressive as
many other taxes proposed.
Councilmember DeWitt moved adoption of resolution Amending City of
Alameda Resolution No. 12243, Storm Water Utility Fees, to Increase
Annual Direct Program Costs." including cap of CIP will not
continue after the year 2000. Vice Mayor Mannix seconded the motion
which carried by unanimous voice vote - 5.
95-151 Report from Assistant City Manager recommending
appropriation of funds to provide for live cablecasting of City
Regular Meeting, Alameda City Council
March 7, 1995
Council Meetings from the Alameda High School Little Theater.
Gerhard Degemann, Alameda, urged Council to approve the expenditure
to broadcast Council Meetings.
Don Roberts, Alameda, stated, because of length of time Council
will be meeting in the High School facility, he believes Council
should proceed to a quality installation level rather than cameras
on movable tripods and suggested placement of cameras.
President Appezzato requested staff explain rationale for
recommendation.
The Assistant City Manager explained the lack of security for wall-
mounted cameras, need for a studio, lack of space to build one; and
staff considered new high-sensitivity movable cameras.
Responding to Vice Mayor Mannix, the Assistant City Manager stated
he will obtain an estimate for a studio.
Replying to President Appezzato's question on possibility of shared
costs with Alameda Unified School District [AUSD] and TCI
Cablevision, the Assistant City Manager stated he has conferred
with TCI and they indicated willingness to absorb 25% of costs.
Elaine Barden, Systems Manager, TCI Cablevision of Alameda,
confirmed TCI would pay 25% of cost, and have offered entire staff
of consultants on the project.
Councilman Arnerich inquired if City decided to proceed with
enclosure, and costs were $5,000 to $10,000, would TCI be willing
to go forward; and Ms. Barden replied affirmatively, adding that
TCI personnel perhaps could cut cost and help wire the facility.
Councilman Arnerich suggested TCI pay 25% of cost; AUSD be
contacted to pay 35%, $8,750, and City pay the remaining 40%,
$10,000; City would be immediate beneficiary, and School District
would be the long-term beneficiary of cable hookup and cameras that
would remain.
Councilman Arnerich moved TCI pay 25%; School District be requested
to pay 35% and City pay remaining 40%, for a total of $25,000 and
if cost increases, they be shared proportionately.
Councilmember Lucas inquired if Councilman Arnerich is proposing
cameras be permanently installed.
Councilman Arnerich stated he personally would like a booth
installed and cameras permanent; as he believes City will be in
facility for more than two years, should look at long term results
and make the operation first class, and in three years technology
Regular Meeting, Alameda City Council
March 7, 1995
will have perhaps advanced so that new cameras should be installed
at City Hall.
President Appezzato inquired if Councilman Arnerich is willing to
support item if School District refuses to participate, and
Councilman Arnerich stated he is making the motion that the three
entities be included; if School District refuses, he cannot see the
City taking on this type of expenditure out of General Fund.
Responding to Councilmembers Arnerich and Lucas, the Assistant City
Manager stated $25,000 would not be adequate for permanent
installation; he would estimate at least $10,000 additional.
Councilman Arnerich stated, in light of that information, he would
go forward with recommendation [to appropriate up to $25,000 from
General Fund Reserves to make Little Theater capable of
cablecasting City Council and other meetings live] with the
addition that School District and TCI contribute 35% and 25%
respectively. (Motion failed)
Councilmember DeWitt stated he will second the motion with wording
that City request School District provide 35%, or Council will
mandatorily demand they provide that.
Councilman Arnerich declined the amendment; and stated the City
Manager and Assistant City Manager will negotiate 35%; if School
District is not willing, the matter will need to come back to
Council.
Vice Mayor Mannix stated he could probably support the motion if it
is worded that Council approach the School District in the hope
they will become involved, and if not, have an option to move ahead
with project rather than have it come back, as the [project] is
important to the citizens.
President Appezzato stated he believes that is the same comment as
Councilmember DeWitt' s.
Councilmember Lucas stated that the School District is low on funds
as the City is; and at this point, perhaps it is not such an
immediate necessity for them to have cameras installed. She would
like to see TCI provide 35% and School District, 25%.
Don Roberts, Alameda, suggested, if arrangement is temporary, he
would encourage Council to direct staff pursue a cheaper approach
providing a good quality picture that is adequate using lower
priced cameras.
President Appezzato stated he agrees with Councilmember DeWitt and
Vice Mayor Mannix.
Regular Meeting, Alameda City Council
March 7, 1995
0 0
Councilman Arnerich called for the question.
President Appezzato requested a second; as there was none, the
motion failed.
Vice Mayor Mannix made a substitute motion: City attempt to
negotiate 35% with the School District as recommended by Councilman
Arnerich and move ahead with the recommendation, and if the School
District cannot participate, proceed with the project.
Councilmember DeWitt seconded the motion.
Councilman Arnerich clarified with Vice Mayor Mannix that if the
School District does not wish to [contribute], the City will pick
up the remaining amount. Vice Mayor Mannix confirmed.
Councilmember Lucas stated from a standpoint of negotiation, the
School District knows the City will go ahead; therefore, why should
they agree to pay 35%.
Councilman Arnerich stated that is why he believes Council should
approach first and if School District refuses, Council can return
to Councilmember Lucas's suggestion for a motion [with change of
percentage].
Councilmember Lucas stated she will not support the motion; she
would like to see alternative estimates for stationary cameras with
booth and compare figures; that TCI has indicated willingness to
pay 25% of higher cost, and she would like to take advantage of
that; and it may make sense for staff to try to negotiate a better
deal and return to Council within a month.
President Appezzato stated he believes it is time to push forward;
he will support motion and rely heavily on staff to influence the
School District to cooperate, as they will also benefit from the
cameras; and if there is a better method, pursue that and return to
Council.
Vice Mayor Mannix's motion carried by the following voice vote:
Ayes: Councilmembers DeWitt, Mannix and President Appezzato - 3.
Noes: Councilman Arnerich and Councilmember Lucas - 2. Absent:
None.
95-152a Report from Finance Director on funding options for City
building improvements, including City Hall (ADA and Seismic
Upgrade), Fire Stations (ADA and Seismic Upgrade), Mastick Senior
Center Renovation/ADA Upgrade, Citywide and Police Computer, and
Public Works Geo-Based Information System (GIS) Project.
95-152b * Written Communication from Kate Quick, Alameda,
requesting the City Council to consider a ballot measure to finance
the rehabilitation of City Hall.
Regular Meeting, Alameda City Council
March 7, 1995
95-152c Written Communication from John Doherty, Alameda,
proposing a Civic Center Complex and suggestions for its
development.
Don Roberts, Alameda, stated Mrs. Quick's proposal for ballot
measure will cost City almost $3,000,000 in Statewide grant; he
likes Councilman Arnerich's approach that if cost exceeds projected
amount substantially, other alternatives should be looked at; and
addressed utility tax.
Gerhard Degemann, Alameda, urged Council to move forward so the
grant will not be lost and that City Hall can be completed.
Susan McCormack, Alameda, stated there are less than 90 days to go
for grant to rehabilitate City Hall, and encouraged Council restore
City Hall.
Andrew McCormack, Alameda, stated he favors moving forward because
costs are continuing to rise.
Kate Quick, Alameda, questioned debt service, cost of housing staff
in leased buildings; whether Council, to capture the $2,300,000,
considers it prudent to incur hundreds of thousands of dollars in
debt service each year for 30 years, to remodel a building that
will still be inadequate; and requested capital projects program,
including new construction and library, be submitted as a package
to voters for approval.
Robbie Dileo, President of Historical Museum, Alameda, stated she
is concerned about saving City's historical heritage; and read a
poem she wrote entitled, "City Hall, a Vision for All."
Barbara Baack, Alameda, stated historic buildings provide a sense
of time and space, and hopes Council will consider restoring City
Hall.
Barbara Kerr, Alameda, commented last year staff proposed raising
business license taxes on landlords which would have been much
higher than on other businesses; and critiqued sewer, Library,
boat, and parcel taxes, and street sweeping assessment.
David Plummer, Alameda, noted advantages of the rehabilitation of
City Hall, including being made earthquake safe and accessible to
disabled, and urged Council update City Hall and, hopefully,
include a tower.
Paul Breitkopf, Alameda, urged Council proceed with upgrade of City
Hall, savings by building new would be negated by loss of grant and
cost of demolition, and is not a logical reason to abandon City
Hall.
Regular Meeting, Alameda City Council
March 7, 1995
John Doherty, Alameda, stated his suggestion would involve a civic
center including City Hall, library and commercial space; and could
be done without calling upon the federal government.
Eve Roberson, Alameda, Chair, Alameda Board of Realtors Local
Government Relations Committee, stated the Board is against
increase in property transfer tax as it is unfair to buyers and
sellers and is not good for Alameda business.
Susan Correa, Alameda, stated, as a member of Alameda Historical
Society, she supports renovating City Hall which is a landmark
worthy of preservation.
Diane Coler-Dark, Alameda, stated the General Plan considered City
Hall, Carnegie Library and Elks Hall, comprise a civic center; and
urged Council pursue funding to proceed with City Hall project.
Judith Altschuler, read a letter from Naomi Hatkin, Chair,
Historical Advisory Board, stating it is time to take action to
rehabilitate City Hall, and urged Council approve tax increase and
move ahead with project.
President Appezzato discussed proposed Utility Users Tax to be
raised from 5 1/2% to 7% and Property Transfer Tax from $5.40 to
$6.60 per 1000; stated he believes the utility tax is more
equitable for citizens and affects all segments of community
equally; he will support renovation of City Hall, a 2% Utility
Users Tax instead of 1.5% and if it succeeds tonight he will not
support any other form of taxation at this time.
Responding to Councilmember DeWitt, the City Manager stated the
result of 2% increase of Utility Users Tax [UUT] would be slightly
more than proposed increases.
Councilman Arnerich stated he has consistently opposed property
transfer tax except for one time at the beginning; he supports
renovation of City Hall; if the cost escalates to $11, $12 million
or more, he does not believe he can support that price tag; he
likes the Mayor's idea of 2% UUT increase, and will support it; and
will support renovation of City Hall this evening.
Vice Mayor Mannix stated this issue has been kicked around ten
years and has passed on to this Council; his position is that such
items should be dumped or moved on; he does not believes this item
is one Council can afford to dump, it is one Council must move on,
and he can support the Mayor's alternative to the proposal.
Councilmember Lucas moved to direct the City Attorney to prepare
the appropriate legislation to increase the Utility Users Tax by 2%
and that the City Clerk advertise same for the City Council Meeting
Regular Meeting, Alameda City Council
March 7, 1995
of March 21, 1995.
Vice Mayor Mannix seconded the motion.
Councilmember DeWitt stated, when factors are considered such as
funds from State for renovation, $200,000 already spent for design
work, environmental studies, and escalating costs to build, cost to
renovate will be less than to build a new City Hall; and Alameda
was one of first cities in County to incorporate so the City and
City Hall have strong historic meaning.
Councilman Arnerich stated he would like the City Manager to
respond to Barbara Kerr's statements in a letter submitted to the
City Council regarding library tax and safety tax on boats.
The motion carried by unanimous voice vote - 5.
* * * *
Council recessed, and reconvened at 10:08 p.m.
* * * *
95-153 Resolution No. 12625 "Authorizing the Reinstatement
of City of Alameda Membership in the Association of Bay Area
Governments." Adopted. (Held over from the February 21, 1995,
Council Meeting)
Barbara Kerr, Alameda, stated ABAG has selective enforcement;
Alameda does not have same burdens as Pleasanton, for example, and
she can think of no way to change ABAG, other than withholding
membership fees.
Don Bergen, Alameda, stated he understands there are benefits,
namely access to Internet, however, he is concerned about low-
income housing requirement; also, not spending $10,000 [for a one-
year membership] would reduce deficit a little.
At request of President Appezzato, the City Manager described
benefits and explained purpose of ABAG, and that membership may
provide a seat on the seaport commission.
Councilmember Lucas stated Ms. Kerr made some valid points; that is
why the City dropped membership in ABAG, and the point has been
made; she believes in the future ABAG will consider City's
situation, and will listen to City's arguments on housing element
and quota; and other ABAG benefits are valuable for the City.
Councilmember Lucas moved to rejoin ABAG.
Vice Mayor Mannix inquired if ABAG's role concerning Housing
Elements is advisory or mandated, and the City Manager explained
that the mandate comes from the State to ABAG; and the mandate is
that they determine what is the need for low-income housing for all
communities in the Bay Area, and what the cities can provide.
Regular Meeting, Alameda City Council
March 7, 1995
Councilman Arnerich stated he hopes through what has been said,
that ABAG will recognize that they should listen to the City;
otherwise, if Alameda is not taken seriously, that would be the
time to withdraw.
Vice Mayor Mannix seconded Councilmember Lucas's motion.
President Appezzato commented Alameda is the only city in Alameda
County that is not a member and perhaps the City can do more good
as a Member; and if seat is offered on the Seaport Commission, that
will be beneficial to the City.
The motion carried by unanimous voice vote - 5.
95-154 Ordinance No. 2688. N.S. "Amending the Alameda Municipal
Code by adding Section 2-33 (Payments of Debts Owing to the City)
to Article III (Departments, Offices and Bureaus) of Chapter II
(Administration), Thereof, Authorizing the Acceptance of Negotiable
Instruments and Credit Cards for Payment of Debts Owing to the
City, and Authorizing the Rejection of Burdensome Unrolled Coins as
Payment of Debts to the City." Finally adopted.
Gerhard Degemann, Alameda, suggested City negotiate with the credit
companies, as they offer a range of charges.
Councilmember Lucas moved final passage. Councilman Arnerich
seconded the motion which carried by unanimous voice vote - 5.
95-155a Ordinance No. 2689, N.S "Amending the Alameda Municipal
Code by Amending Section 5-20 (Charitable Solicitation Permits) of
Article II (Permits), Chapter V (Licenses and Permits), Thereof."
Finally adopted.
[See 95-155b for Council action]
95-155b Resolution No. 12626 "Amending Master Fee Resolution
No. 12191 by Establishing a Charitable Solicitation Permit Fee."
Adopted.
Vice Mayor Mannix moved final passage. Councilman Arnerich seconded
the motion which carried by unanimous voice vote - 5.
The City Attorney inquired if the resolution was included in the
motion; Vice Mayor Mannix stated it was; President Appezzato
suggested voting on the motion again; Councilmember Lucas seconded
the motion which carried by unanimous voice vote - 5.
95-156 Ordinance No. 2690, N.S. "Approving and Authorizing the
Execution of Lease Agreement Between the Alameda Unified School
District, as Lessor, and the City of Alameda, as Lessee, for
Temporary City Hall Facilities at Historic Alameda High School -
Regular Meeting, Alameda City Council
March 7, 1995
East Wing, 2250 Central Avenue." Finally adopted.
Councilmember DeWitt moved final passage of ordinance.
Councilmember Lucas seconded the motion which carried by unanimous
voice vote - 5.
95-157 Written Communication from Robert W. Zimmerman, Alameda,
concerning increase in billing rates from TCI Cablevision.
Don Roberts, Alameda, stated one of the problems concerning the
increased billing rates is that the City Cable Television Advisory
Committee has not made any effort to contact the Congress; also,
Federal Communications Commission regulations allow TCI to require
cable subscribers to pay for additional channels; the City has
virtually no control over rates, and without advocacy by Cable
Television Advisory Committee, he sees no need to continue the
Committee.
Elaine Barden, TCI Cablevision, reviewed rate regulation
accomplishments i.e., whole-house service (additional outlets in
home for no monthly charge), installation rate decrease; noted TCI
reduced costs of services not regulated, increased customer-service
staff by 30% to provide significant increase in City service level;
she introduced on-time service guarantee: stated, in 1994, TCI
supported 100+ community groups with in-kind and monetary
contributions; noted changes in technology to be provided to allow
customers more choice and control over their bills; and urged City
and citizens to support federal legislation allowing cable to go
into telephone business.
President Appezzato stated he has not personally received any
complaints about service, most are about basic package and rates.
Ms. Barden stated the rules specifically require cable television
to recoup costs on a quarterly basis; however, they look toward
estimating costs in advance and increasing rates annually; rules
are now stabilizing and as a result TCI rates will stabilize.
Ms. Barden further responded to questions by President Appezzato on
type of programming, similarity of charges with San Leandro's and
Oakland's [charges].
Councilman Arnerich discussed quality of programming with Ms.
Barden.
Councilmember Lucas stated the existing cable network has first
opportunity for franchise, competitors would need to build their
own network and she believes having competitive services available
would be a great advantage to Alameda consumers.
Councilmember Lucas moved the recommendation that Council direct
Regular Meeting, Alameda City Council
March 7, 1995
89
staff to solicit other cable operators, and other video programming
distributors, to determine their interest in providing
telecommunication services in competition with TCI in Alameda. Vice
Mayor Mannix seconded the motion.
Councilman Arnerich stated if a cable company bought out the
present company, the price would go up; if a company built its own
lines, that would cost millions and take many years; he agrees to
looking at the matter, but does not believe it will be beneficial
in the long run.
Councilmember DeWitt stated he recalls TCI helping in fundraiser
drive and that should be remembered; TCI has provided benefits to
Alameda; and he is fairly satisfied with the report provided.
President Appezzato stated, aside from raising rates, he
compliments TCI, as the company has made considerable donations to
homeless programs, Fourth of July Parade, and currently toward
televising Council Meetings, and they should be complimented.
The motion passed by the following voice vote: Ayes:
Councilmembers Lucas, Mannix and President Appezzato - 3. Noes:
Councilmembers Arnerich and DeWitt - 2. Absent: None.
ORAL COMMUNICATIONS, NON-AGENDA (Public Comment)
95-158 Don Bergen, Alameda, stated that the City has to look at
every nickel and dime and it cannot blame the federal government
nor State government for budget shortfall.
95-159 Neil Patrick Sweeney, Alameda, stated that TCI
Cablevision should provide sports movies; residents should attend
Base Conversion Forum on March 25, 1995; and patrons of Java Rama
deserve continual police protection.
95-160 Gerhard Degemann, Alameda, requested the City Manager to
direct appropriate staff to look into the difficulty pedestrians
experience crossing Park Street.
95-161 Don Roberts, Alameda, commented that, to the best of his
knowledge, a staff report requested last year on the lease
agreement with Pacific Shops, Inc. has not been provided to the
City Council.
President Appezzato responded that he has requested the City
Manager to provide information on the lease agreement to the City
Council in a timely fashion.
COUNCIL COMMUNICATIONS (Communications from Council)
95-162 Consideration of Mayor's nomination for appointment to
Regular Meeting, Alameda City Council
March 7, 1995
the Pension Board.
Mayor Appezzato nominated Nancy J. Elzig for appointment.
95-163 Mayor Appezzato requested staff to bring back to Council,
in the near future, a proposal to place a measure on the ballot
concerning the library issue; that report include a recommendation
from the Library Board and costs involved; and the ballot measure
be considered no sooner than November, 1994 and no later than June
[Note: March 26, 1996 is the date scheduled for the Primary
Election] or November, 1996.
ADJOURNMENT
95-164 The Council Meeting was adjourned at 11:55 p.m. in memory
of Greer Hilt, former Police Department Dispatcher, and former
part-time Recreation and Parks employee Audrey Ellen Elderts.
Respectfully submitted,
DIANE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance.
Regular Meeting, Alameda City Council
March 7, 1995