1989-05-16 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY MAY 16, 1989
The meeting convened at 7:40 p.m. (at the conclusion of the Closed
Session, the Annual Meeting of the Industrial Development
Authority, and the Meeting of the Community Improvement Commission)
with President Corica presiding. The Pledge of Allegiance was led
by Councilmember Thomas. Reverend Doug Henderson gave the
invocation.
CLOSED SESSION
89-334 President Corica announced that Council had met in Closed
Session regarding the items listed below; an offer has been made
'to the Workers' Compensation Appeals Board regarding the Claim of
Stanley Voogd; and Nos. (1), (2), and (4) of the following list
will be discussed under New Business (See 89-361, 89-362, 89-363).
a)
b)
Pursuant to Government Code Section 54956.9, consider
Workers' Compensation Claim of Stanley Voogd.
Pursuant to Government Code Section 54956.9 (a), consider
the following litigation matters:
(1) Guyton v. City of Alameda, et al.
(2) Smith v. City of Alameda, et al.
(3) Bruce v. City of Alameda, et al.
(4) Policy Guidelines regarding handling of pending cases.
ROLL CALL - Present: Councilmembers Arnerich, Camicia, Thomas,
Withrow, and President Corica - 5.
Absent: None.
MINUTES
Councilman Arnerich made a motion to approve the minutes of the
Regular .Council Meeting of May 2, 1989. Councilmember Camicia
seconded the motion which was carried by unanimous voice vote - 5.
CONSENT CALENDAR
Item No. 1-F, ordinance regarding skateboarding, (See 89-357) was
removed from the Consent Calendar to the regular agenda, at the
request of several residents; and at the request of Councilmember
Thomas, Item 1-A, report on the status of the Citizen Response
Center (See 89-356) and Item 1-I, Bills (See 89-366) were also
placed on the regular agenda.
Councilmember Withrow moved to approve the Consent Calendar with
the exceptions noted above. Councilmember Camicia seconded the
motion which was carried by unanimous voice vote - 5.
Items so enacted or adopted are indicated by an asterisk.
May 16, 1989
RESOLUTIONS
*89 -335 Resolution No. 11714 "Amending Management and Confidential
Employee Salary Resolution No. 11079, by substituting the title
"Deputy Fire Chief" for the existing title of "Administrative
Assistant Fire Chief." Adopted.
*89 -336 Resolution No. 11715 "Approving Parcel Map No. 5604
(Harbor Bay Business Park) and permitting recording thereof."
Adopted.
*89 -337 Resolution No. 11716 "Appointing engineer and attorney for
Island City Landscaping and Lighting District 84 -2." Adopted.
*89 -338 Resolution No. 11717 "Calling for bids for legal
.advertising for the City of Alameda for Fiscal Year 1989 -90."
Adopted.
FINAL PASSAGE OF ORDINANCES
*89 -339 Ordinance No. 2433, N.S. "Amending Title XVII of the
Alameda Municipal Code to establish stop signs for Walnut Street at
Clinton Avenue." Adopted.
*89 -340 Ordinance No. 2434 N.S. "Amending the Alameda Municipal
Code by amending Article 1 of Chapter 3, Title XI, thereof relating
to vesting tentative maps." Adopted.
* * * * * * * *
RETURN TO REGULAR AGENDA
Councilmember Camicia moved that Resolutions commending Teacher of
the Year, and appointing Board and Commission Members, be taken out
of order. (See 89 -341, 89 -3425 89 -343, and 89 -344) Councilmember
Thomas seconded the motion which was carried by unanimous voice
vote - 5.
89 -341 Resolution No. 11713 "Commending Karin Guthrie, Teacher of
the Year." Adopted.
Councilmember Camicia made a motion to adopt the resolution,
Councilmember Thomas seconded the motion which was carried by
unanimous voice vote - 5.
President Corica read the resolution and presented a framed copy of
same to Karin Guthrie, who then expressed her appreciation for the
commendation.
89 -342 Resolution No. 11718 "Appointing Anthony P. Shomon as a
member of the Public Utilities Board." Adopted.
Councilmember Camicia made a motion to adopt the resolution. By
consensus of Council, the resolution was adopted.
May 16, 1989
The Deputy City Clerk administered the Oath of Office.
President Corica noted Mr
for his interest.
Mr. Shomon expressed
opportunity to serve.
. Shomon's qualifications and thanked him
appreciation for the appointment and the
89 -343 Resolution No. 11719 "Appointing Marilyn A. Lewis as a
member of the Library Board." Adopted.
Councilmember Thomas moved the appointment. Councilmember Camicia
seconded the motion which was carried by unanimous voice vote - 5.
The Deputy City Clerk administered the Oath of Office.
President Corica noted Ms. Lewis' qualifications and thanked her
for volunteering to serve.
Ms. Lewis expressed her appreciation for the support for her
appointment.
89 -344 Resolution No. 11720 "Appointing Rosalinda Proctor as a
member of the Housing Commission."
Councilmember Camicia made a motion to adopt the resolution.
Councilmember Thomas seconded the motion which was carried by
unanimous voice vote - 5.
The Deputy City Clerk administered the Oath of Office.
President Corica noted Ms. Proctor's qualifications and noted she
would be of valuable assistance.
Ms. Proctor expressed her appreciation to Council.
HEARINGS
89 -345 Consideration of resolution establishing the section of
private roadway on Sherman Street north of Eagle Avenue to be
subject to provisions of the California Vehicle Code, and
authorizing the installation of stop signs on Sherman Street at the
Alameda Belt Line right -of -way.
President Corica announced the procedure of the hearing.
The City Manager explained the background of the matter.
The public portion of the hearing was opened.
On the call for proponents, there were none.
On the call for opponents, there were none.
May 16, 1989
The public portion of the hearing was closed.
Councilmember Withrow moved the recommendation of the staff be
implemented. Councilman Arnerich seconded the motion which was
carried by the following voice vote - Ayes: Councilmembers
Arnerich, Camicia, Withrow and President Corica - 4. Noes:
Councilmember Thomas - 1. Absent: None.
Councilmember Camicia made a motion to take the resolution out of
order. By consensus, Council approved taking the resolution out of
order.
89 -346 Resolution No. 11721 "Establishing the section of private
roadway on Sherman Street north of Eagle Avenue to be subject to
provisions of the California Vehicle Code, and authorizing the
installation of stop signs on Sherman Street at the Alameda Belt
'Line right -of- way."
The Resolution was adopted by the following voice vote: Ayes:
Councilmembers Arnerich, Camicia, Withrow, and President Corica -
4; Noes: Councilmember Thomas - 1.
89 -347 Consideration of Tentative Map 6000 for subdivision of eight
lots on 0.514 acre parcel in order to construct eight single family
residences, located at the southeast corner of Lincoln Avenue and
Chestnut Street.
President Corica announced the procedure of the hearing.
The Planning Director explained the background of the matter.
President Corica inquired if a couple of units could be made
affordable housing even though the development is almost completed.
Patsy Chan, co- owner, stated that, due to reduction of units
resulting from Council's and staff's recommmendations, the profit
margin has been reduced and she therefore cannot promise anything
regarding affordable housing.
The public portion of the hearing was opened.
On the call for proponents, there were none.
On the call for opponents, there were none.
The public portion of the hearing was closed.
Councilmember Thomas discussed the Negative Declaration,
particularly regarding the entryway, and stated she does not see
how the map can be accepted without the mitigations that were
required in the Negative Declaration.
The City Manager suggested the Planning Director obtain the
Negative Declaration and file, for Council's review.
May 16, 1989
161
By consensus, Council tabled the matter until the Planning Director
could obtain the materials.
[The hearing proceeded when the Planning Director returned with the
materials requested. See "RETURN TO HEARING - 89-347" following
paragraph 89-350.]
89-348 Consideration of a Planning Board recommendation for
amendment of the Combined Land Use Plan, GPA-89-1, which would
eliminate the last sentence on Page 96 which reads: "The number of
publically supported low and moderate-cost housing units in the
City should not exceed the same percentage of total housing stock
as that supplied by other East Bay cities." Applicant: City of
Alameda.
President Corica announced the procedure of the hearing.
The Planning Director explained the subject.
The public portion of the hearing was opened.
On the call for proponents, there were none.
On the call for opponents, there were none.
Councilmember Withrow moved that the last sentence on page 96 of
the Combined Land Use Plan be eliminated as ordered by the Alameda
County Superior Court. Councilmember Camicia seconded the motion
which was carried by unanimous voice vote - 5.
89-349 Resolution No. 11722 "Amending the General Plan of the City
of Alameda by eliminating the last sentence on Page 96 of the
Combined Land Use Plan." Adopted.
Councilmember Camicia made a motion to adopt the resolution.
Councilmember Thomas seconded the motion which was carried by
unanimous voice vote - 5.
REPORTS AND RECOMMENDATIONS
89-350 From Chairman, Historical Advisory Commission,
demolition application for 706 Pacific Avenue.
Richard Roth, 1533 Webster Street, stated he is in favor
house being torn down.
regarding
of the
Jeff Larkin, 16 Las Vegas Road, Orinda, one of the owners, reviewed
procedures followed regarding the house and commented on the cost
of expenditures.
Dorothy J. May, 331 Laguna Vista, requested permission be given to
demolish the home.
Jean Ratto Larkin, 16 Las Vegas Road, Orinda, gave background of
the family ownership of the house, stated rules and directions of
May 16, 1989
City were followed, and the expense of handling has been excessive.
John Ratto, 1367 Broadway, agreed with previous speaker, and stated
the family has spent much money trying to upgrade the development.
Robert Ratto, 707 - 210N, Nevada City, stated the Historical
Advisory Commission (HAC) had previously made a decision which gave
the family direction; there has been great expense and the family
needs to be allowed to continue.
John Scott Graham, 1728 Tregloan Court, stated he believes the
house is not historic, and owners should be allowed to proceed.
Councilmember Thomas inquired if it is premature to request Council
take action until there is a progress report from the HAC, to which
the City Manager replied a forty day period must run from May 4th.
Council further discussed the procedure.
Bob Moore, 1325 Burbank Street, suggested saving the house by
moving it to another part of the property without losing square
footage for proposed project; he believes there is no economic
hardship, only short term income loss, and the house has historic
value.
Tom Keating, 706 Pacific, stated he believes the house is a
beautiful structure and should be saved.
Bill Wagner, 46 Tarry, Orinda, representing developer, stated over
$100,000 has been spent on the project, plans were revised and
resubmitted over a period of two years; the house has been offered
for removal; no rent has been paid by Mr. Keating since January;
and urged Council assist in the matter.
John Barni, Sr., 1380 Lakeshore Drive, stated owners should have
some rights and urged Council allow the family to proceed with
their project.
Councilmember Withrow stated that because Council cannot take
action until the 40 day period has passed, he would move the issue
be tabled.
President Corica discussed the decision of the Historical Advisory
Commission and commented he has a problem stating a 1937 building
is a historical building.
Councilman Arnerich stated the area needs to be cleaned up; does
not believe the house has significant historical value; people
have a right to develop their land, sell their property, and move
on; and reviewed the efforts toward moving the house.
Councilmember Thomas stated the report should be accepted and an
action item agendized for the second meeting of June.
Councilmember Camicia stated he would like to see both sides
May 16, 1989
r!
J. ft (..)
working together on the matter during the time that is remaining,
to see what can be done.
Councilmember Thomas stated, regarding the standard that is to be
used to determine economic hardship, she would like some
clarification as to whom that applies, and if Council can consider,
for example, Webster Street which is a kind of third party, and the
business community, as opposed to just the owner, when the matter
comes back before Council.
Councilmember Withrow moved to accept the report.
President Corica clarified the motion would include the
recommendations.
Councilmember Thomas seconded the motion.
Councilman Arnerich suggested requesting HAC report back to Council
as soon as possible.
President Corica suggested, if possible, that the report be made
within the forty day period.
Councilmember Withrow amended his motion to include an advisory to
the HAC that Council expects a report no later than [the 40 days.]
Councilmember Thomas seconded the motion.
The motion carried by unanimous voice vote - 5.
The Interim City Attorney discussed with Council the Applicant's
option for filing an Appeal within fifteen days of the May 4th
decision of the HAC, and have the matter brought back to the
Council for the determination of the question of whether or not the
historical monument is incapable of earning an economic return on
its value as set forth in the ordinance.
Council reaffirmed the vote on the motion (unanimous voice vote
5
) .
RETURN TO HEARING - (89-347)
The Planning Director stated he obtained the file on the Initial
Study and the Negative Declaration regarding Tract 6000; read a
portion regarding mitigation; noted the reviews by departments and
Risk Manager, and approval of the Planning Board, with the result
that the Map conforms to the PD that was before the Planning Board.
Councilmember Thomas stated she believes there will be a safety
problem but apparently nothing can be done at this point.
Will Harrison, consultant to applicant, reviewed the development,
the cooperation with City departments, stated he believes all
requirements were met, and requested Tentative Map approval.
May 16, 1989
Councilmember Camicia moved the related resolution be taken out of
order. Councilmember Thomas seconded the motion and it was carried
by unanimous voice vote - 5.
89 -351 Resolution No. 11723 "Approving Tentative Map 6000, a
subdivision of an approximately 0.514 acre parcel located at the
southeast corner of Lincoln Avenue and Chestnut Street, finding
said Tentative Map consistent with the City's General Plan and
determining that discharge of water into the sewer system will not
violate regional water quality control regulations." Adopted.
Councilmember Camicia moved adoption of the resolution. Councilman
Arnerich seconded the motion which was carried by unanimous voice
vote - 5.
489 -352 From City Manager regarding adoption of the Strategic Plan.
Councilmember Withrow commented on a motion he had presented in
writing to Council, and so moved that motion as follows:
a. Adopt the Strategic Plan as provided with emphasis on the
"Goals" of the plan as a strategy for the city's future;
b. To mobilize the appropriate city department and task
forces, and direct them to incorporate these goals in
their planning and implementation process;
c. To use the budget process and budget report card to
monitor our progress toward these goals;
d. '1'o urge the departments to use citizen participation
where appropriate;
e.` To foster formation of an ad hoc committee of citizens
to report to Council periodically on the City's progress
on the plan (to sift through the budget report card for
us and present results....)
f. To Charter and Charge an ad hoc committee of Alameda
citizens to monitor the implementation of this plait and
to assist in the development of appropriate objectives
and strategies.
To charter and Charge a subcommittee of this council to
liaison with the Alameda Unified School District - Board
of Education to coordinate the implementation of the
Educational goals in the Plan and the development of the
Strategic Plan for the Unified School District.
h. To forward this Plan to the Planning Board with
guidelines to the effect that these goals will be Used
as a benchmark and guide for the planning process and
will be incorporated into the General Plan for the City
of Alameda during the current updating process.
May 16, 1989
Councilmember Camicia seconded the motion, and noted that
Councilman Arnerich submitted a memo to Council in which he
discussed incorporating the Strategic Plan into the General Plan;
and he assumes that Councilman Arnerich's and Councilmember
Withrow's plans coincide.
Councilman Arnerich stated the only difference is that
like the ad hoc committee to be structured as Mr.
previously outlined.
Councilmember Withrow and President Corica agreed with
Arnerich.
Councilmember Camicia seconded the motion.
he would
Hurwitz
Councilman
Councilmember Thomas noted goals, lack of funding, lack of
.jurisdiction to adopt a plan for the Unified School District;
discussed traffic, and cross-airport roadway.
President Corica stated Council has previously discussed that the
cross-airport road would not be built unless it is to be beneficial
to Alameda.
Councilmember Withrow stated he did not interpret the Plan as
saying that that was a goal, but if in fact it comes across that
way, he would amend his motion to address it, that none of the
goals or strategies, and he believes it is really a strategy rather
than a goal, should be implemented unless they are beneficial;
agreed that Council does not have policy responsibility for the
School District but if Council has a backdrop of goals the School
District has already concurred with, then Council has something to
shape its goals.
Councilmember Camicia stated he believes a subcommittee of this
Council to act as liaison with the Alameda Unified School District
is long overdue and is appropriate.
Councilmember Thomas stated she agrees a liaison with the School
District is a good idea, but would like to see a resolution from
the School Board as to what goals they adopted.
Councilmember Withrow stated he would amend his motion to that
effect.
The motion was carried by unanimous voice vote - 5.
89-353 From City Manager regarding Police Department review and
future accreditation program.
The City Manager, gave the background of the matter.
Councilmember Withrow clarified that if the City Manager wishes to
have a consultant firm come in because he feels it would be helpful
and beneficial for that department, from a constructive standpoint,
then he will support it, but if it is in expectation of Council
May 16, 1989
166
defining a problem, he has not seen evidence which would indicate
identification of a problem that would warrant bringing in a
consulting firm.
President Corica stated Council has been supportive of the Police
Department; and it is appropriate to review a department to see if
there are ways to improve.
Councilmember Thomas stated every department can stand independent
review, a new perspective helps, believes a review will not hurt
but will help, and she would like to go for a Request for Proposal.
Councilman Arnerich reviewed the recommendation, stated he would go
on record to support accreditation program, would like it done as
quickly as possible, and also reorganization of the Police
Department.
Councilmember Withrow moved Requests for Proposal be solicited to
obtain a consulting contract for a constructive review of the
Police Department and that an additional action be initiated to go
through and begin the accreditation process.
Councilmember Camicia seconded the motion; stated he is concerned
about the consulting fee; the accreditation appears to be the most
thorough professional review Council could have.
Council discussed and compared the reviews, and the costs.
The Chief of Police further explained the accreditation reviews.
Following further discussion by the Council, Councilmember Camicia
requested a restatement of the motion.
Councilmember Withrow stated the motion is that the City Manager be
directed to solicit an RFP to obtain a consulting contract for a
constructive review of the Police Department, and that additional
action be initiated to go through an accreditation process.
Councilmember Camicia stated he seconded the motion but wonders if
Council should split the second part of the motion out; believes
the accreditation process is important but perhaps when the
consulting study comes back and Council reviews it, it may be
enough.
Councilmember Withrow rephrased the motion, moving that the City
Manager be directed to solicit an RFP with the intent of obtaining
a consulting contract for a constructive review of the Police
Department; the second phase of that motion would be to initiate
the action to pursue an accreditation process. Councilmember
Camicia seconded the motion which was carried by unanimous voice
vote - 5.
89-354 From Acting Public Works Director on parking needs
assessment study.
May 16, 1989
Frank Lopez, 1411 Park Street stated he would like Council to put
funds aside from the parking meter revenue to help obtain some sort
of parking structure to help area parking.
Bernard Rony, 1431 Park Street, stated the parking meter money was
to help parking problems, and believes some of that money should be
set aside for parking.
Diane Coler -Dark, 2857 Jackson Street, discussed lot locations,
stated a location must be determined, and requested Council direct
staff follow through with cost - feasibility and studies.
John Scott Graham, 1728 Tregloan Court, suggested persons get
together, become associations, and buy a parking lot.
The City Manager explained background of the matter.
Council discussed parking meter revenue, additional funding
sources.
Councilmember Withrow moved implementation of the recommendations
of the staff. Councilmember Camicia stated he would second with
the stipulation that Council be given a progress report in six
months or sooner if possible.
The motion was carried by unanimous voice vote - 5.
89 -355 From Acting Public Works Director regarding possibility of
parking meters being installed in Lower Washington Park parking
areas.
President Corica stated he believes the no- loitering sign is a good
idea.
Councilman Arnerich discussed the closing times for parks; stated
he requested the work be done; would like to see the
recommendations followed through and a complete report back to
Council in thirty days; and he so moved.
Councilmember Camicia seconded the motion which was carried by
unanimous voice vote - 5.
89 -356 From City Manager on the status of the Citizen Response
Center.
Councilmember Thomas stated she removed this item from the Consent
Calendar to allow the City Manager an opportunity to give the
Citizen Response Center (CRC) a little public relations.
The City Manager explained the work of the CRC as an information
center for citizens, and reported on their activities.
Councilmember Thomas made a motion to accept the report.
Councilmember Camicia seconded the motion.
May 16, 1989
16i
Councilman Arnerich complimented the CRC on the first month of
action and requested reports, monthly, for the next six months to
see if there is a continuation of the activity.
The motion was carried by unanimous voice vote - 5.
*89 -357 Ordinance No. , N.S. "Amending the Alameda Municipal Code
by amending Section 4 -213 of Article 1, Chapter 2, Title IV thereof
to prohibit riding of skateboards in or upon any public park,
playground or school property in the City of Alameda." Tabled.
Bernard Rony, 1821 Union Street, suggested skateboards could be
prohibited from Central Avenue to protect the High School but
should not be prohibited elsewhere, so that children will not be
pushed out into the street.
•Ina Ratto, Facilities Manager, Historic Alameda High School, 2200
Central Avenue, expressed concern about the damage done to school
property.
Mark Egan, 861 Oak Street, stated skateboarding at schools is not
really a problem; most skateboarders do not want to destroy
property.
Matthew Brewer, 2045 Buena Vista, agreed Historic High School
should not be damaged, penalties should be imposed on those who
break the law, but to banish skateboarding in all the parks and
schools seems too extreme.
John Scott Graham, 1728 Tregloan, stated children must have some
place to go; there should be a place for skateboarding.
Diane Coler -Dark, 2857 Jackson Street, stated the problem of damage
to the steps of the Historic High School is an isolated problem and
there should not be a blanket law; large empty school yards should
be available; and skateboards are often used for transportation.
Fred Scullin, 1120 Chestnut, stated there are not many activities
for young people and they should be given opportunity for
skateboarding.
Robert Pogue, 347 Pacific Avenue, expressed concern for safety of
children who could be forced to ride in the streets; a problem of
one area being defaced should not jeopardize use of open flat
spaces in parks and school yards.
Councilmember Camicia suggested Council table the matter to allow
time to find a solution to the problem of Historic Alameda High
School without putting children out of school yards and parks into
areas near traffic.
President Corica suggested getting the School District involved and
that they present a recommendation.
Councilman Arnerich agreed, and stated he would like to go on
May 16, 1989
record tabling this matter and bring it back.
President Corica inquired if Council would like this matter tabled
until such time as Council could get back to the School District
and have recommendations from the School District.
Councilmember Camicia so moved and Councilmember Withrow seconded
the motion.
Councilmember Thomas stated it bothers her that bicycles cannot be
ridden in public parks when there are dedicated bike paths in
public parks, and that [legislation] should be redone.
The motion was carried by unanimous voice vote - 5.
RESOLUTIONS
89 -358 Resolution No. 11724 "Authorizing execution of an agreement
with the Port of Oakland for the construction and maintenance of a
storm drain system into a tidally- influenced lagoon within Port of
Oakland property." Adopted.
John Scott Graham, 1728 Tregloan, discussed problems of toxic waste
and run -off.
Councilmember Camicia made a motion to adopt the resolution.
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 5.
INTRODUCTION OF ORDINANCES
89 -359 Ordinance No. , N.S. "Amending the Alameda Municipal
Code by adding Chapter 7 to Title IX thereof relating to graffiti."
Councilmember Camicia made a motion to introduce the ordinance.
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 5.
Councilman Arnerich stated that under Section 9 -712 where reference
is made to a reasonable period, he would like to give the property
owner 15 days from the day the owner has been lawfully notified
that there has been graffiti placed.
Councilmember Camicia stated the motion is so amended.
The motion was carried by unanimous voice vote - 5.
FINAL PASSAGE OF ORDINANCES
89 -360 Ordinance No. 2435 N.S. "Amending the Alameda Municipal
Code by adding Chapter 4 to Title XIII thereof establishing the
Alameda Business Improvement Area." Adopted.
Councilmember Withrow made a motion to adopt the ordinance.
May 16, 1989
1'0
Councilmember Camicia seconded the motion which was carried by the
following voice vote: Ayes: Councilmembers Arnerich, Camicia, and
Withrow - 3. Noes: Councilmember Thomas and President Corica - 2.
Absent - None.
NEW BUSINESS
Councilmember Withrow made a motion to take Policy Guidelines out
of order. Councilmember Camicia seconded the motion which was
carried by unanimous voice vote - 5.
89-361 Policy Guidelines regarding handling of pending cases.
President Corica stated he is comfortable having the police cases
handled by Dan Mitchell.
Councilman Arnerich stated it is his understanding that, until a
new City Attorney is aboard, all police cases will be handled by
Dan Mitchell; and if in any of the cases the Interim City Attorney
needs legal help, direction should be requested of the City
Council by the Interim City Attorney.
Council discussed a mechanism to handle emergency situations; and
agreed Special Council Meetings can be called in a crisis.
President Corica stated the police cases and the Measure A case
also, appear to have been taken care of.
councilmember Withrow moved that a standing policy be established
for the Interim City Attorney that will stay in effect up to the
time the new City Attorney is hired, that all police cases will
automatically be sent to Dan Mitchell for handling and all
non-police cases will be handled on a case by case basis, with the
concurrence of the Council, with a Special Session requested by the
Interim City Attorney in those instances where an emergency so
dictates. Councilman Arnerich seconded the motion which was
carried by unanimous voice vote - 5.
89-362 ,Smith v. City of Alameda
The Council discussed the handling of the case, and the possibility
of Dan Mitchell handling the matter.
Council, by consensus, directed that the case be handled by Dan
Mitchell.
89-363 Guyton v. City of Alameda
Council reviewed handling of the matter; discussed possible
conflict.
Dan Curtin, McCutcheon, Doyle, Brown & Enerson, explained why he
believes there is no conflict and discussed waivers received from
clients.
May 16, 1989
171
The Interim City Attorney commented he will request a Special
Meeting to review waiver and the attorney firm.
89 -364 Councilmember Camicia requested agendizing contract
regarding Interim City Attorney at Special or Regular Meeting.
The Interim City Attorney requested, if there is a contract, that
Council acquire outside counsel for representation.
89 -365 Councilmember Camicia requested a report and recommendation
on the next regular agenda regarding some form of minutes for
Closed Sessions.
BILLS
89 -366 A List of Claims certified by the City Manager as correct in
the sum of $1,136,071.90, were subsequently approved by Council
with one exception (Councilmember Thomas's naye vote on Interim
City Attorney payment).
UNFINISHED BUSINESS
89 -367 Council discussed development of a contract with the Interim
City Attorney.
Councilmember Withrow moved the City Manager be requested to
develop a contract using whatever means are necessary to document
the relationship between the Interim City Attorney and the City of
Alameda.
President Corica noted Council needs to instruct the City Manager
on what Council will pay.
Councilmember Withrow agreed with a statement by Councilman
Arnerich that Council should target July 1st for a new City
Attorney to start work; and moved that the contract [with the
Interim City Attorney] call for $10,000 a month, which would be
$15,000 [total] and that he be assigned with the responsibilities
to carry out the job.
Following discussion, President Corica stated he would feel more
comfortable with payment of $125 an hour and documentation of the
hours.
Councilmember Withrow amended the motion accordingly.
Councilmember Camicia seconded the motion.
Discussion followed concerning procedures regarding the work of the
Interim City Attorney and regarding the hiring of another attorney
to assist.
Councilmember Withrow noted there was a motion made and seconded
that the City Manager draw up a contract.
May 16, 1989
The motion was carried by unanimous voice vote - 5.
Councilmember Withrow stated a motion was made with respect to
compensation which would be tied into the contract, defining the
compensation to be $125 an hour to a level of 20 hours per week.
Councilmember Camicia seconded and the motion was carried by the
following voice vote: Ayes: Councilmembers Arnerich, Camicia,
Withrow and President Corica - 4. Noes: Councilmember Thomas - 1.
Absent: None.
Councilmember Withrow moved to direct the City Manager document his
responsibilities with regard to the City Attorney, and propose a
procedure to follow.
Council agreed to direct the City Manager to follow that
suggestion.
ADJOURNMENT
89-368 The meeting was adjourned at 12:38 a.m. in memory of Navy
personnel who lost their lives recently aboard the U.S.S. White
Plains and the U.S.S America.
Respectfully submitted,
'"? 4
Patricia Calbreath
Deputy City Clerk
The Agenda for this meeting was posted 72 hours in advance in
accordance with the Brown Act.
May 16, 1989
17 3
SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
MAY 16, 1989
The Special Council Meeting noticed for May 16, 1989 at 9:30 p.m.,
agendized for adjournment to Closed Session to consider the
appointment of a City Attorney, was not held. The regular Council
Meeting held that evening commenced at 7:40 p.m. and was
adjourned at 12:38 a.m.
May 16, 1989