1989-06-20 Regular CC Minutes19
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY JUNE 20, 1989
The meeting convened at 7:42 p.m.
a Community Improvement Commission
Arnerich presiding. The Pledge
Councilmember Camicia. Reverend
invocation.
CLOSED SESSION
(following a Closed Session and
Meeting) with Acting President
of Allegiance was led by
Dorothy Kimbrell gave the
89-429 The Closed Session was held to discuss the following:
a)
Pursuant to Subsection (a) of the legal counsel section of
the Brown Act, consider Workers' Compensation Claim of
Elizabeth Nice.
b) Pursuant to Government Code Section 54956.9, consider the
following matters:
(1) Pending litigation.
(2) City v. Winner Ford.
(3) Guyton v. City.
(4) Cepparo v. City.
(5) Acquisition of Linoaks property.
(6) Bruce v. City.
ROLL CALL - Present: Councilmembers Camicia, Withrow, and
Acting President Arnerich - 3.
Absent: Councilmember Thomas and Mayor Corica - 2.
MINUTES
Councilmember Camicia moved adoption of the minutes of the Regular
Council Meeting of June 6, 1989, and the Special Council Meetings
of May 30, 1989, and June 2, 1989. Councilmember Withrow seconded
the notion which was carried by unanimous voice vote - 3.
SPECIAL ORDERS OF THE DAY
89-430 Presentation by the Mayor of a Commendation Scroll to Mr.
James C. Smallman for his work in restoring the Samual Alien House
at 2246 San Antonio Avenue.
The following persons addressed Council:
Marilyn Smallman, 2246 San Antonio Avenue.
Robert DeCelle, Chairman, Historical Advisory Board, P.O. Box 2606.
At Vice-Mayor Arnerich's request, the Chairman of the Board read
the Scroll and presented it to Mrs. Smallman.
June 20, 1989
CONSENT CALENDAR
Acting President Arnerich announced he was requested to remove
Agenda Item No. 1-A from the Consent Calendar. (See *89-431)
Newell I. Cutter, Jr., Alameda, who requested removal of Consent
Calendar Item No. 1-A, commented on litigation he may file against
the City.
Councilmember Camicia moved the Consent Calendar. Councilmember
Withrow seconded the motion which was carried by unanimous voice
vote - 3.
Items so enacted or adopted are indicated by an asterisk.
REPORTS AND RECOMMENDATIONS
*89-431 From Interim City Attorney regarding MacDonald v. City -
defense verdict for City. Approved.
*89-432 From Public Works Director recommending acceptance of work
by William White Construction for rehabilitation of open-end
culverts, Phase I, No. P.W. 6-88-10. Approved.
*89-433 From Public Works Director recommending acceptance of work
by Golden Bay Construction, Inc., for the construction of
Wheelchair Ramps, Phase 7, and Chapin Street improvements, No.
P.W. 1-88-1. Approved.
*89-434 From Finance Director regarding 1989-90 Tax and Revenue
Anticipation Notes. Approved.
RESOLUTIONS
*89-435 Resolution No. 11741 "Authorizing application to the
California Energy Commission for a street light conversion loan."
Adopted.
*89-436 Resolution No. 11742 "Approving preliminarily Annual
Report declaring Intention to order levy and collection of
assessments and providing for Notice of Hearing thereof - Island
City Landscaping and Lighting District 84-2." Adopted.
*89-437 Resolution No. 11743 "Authorizing Amendment of Grant
Agreement with the Alameda Emergency Food, Inc. for insurance and
utilities for Fiscal Year 1989-90." Adopted.
BILLS
*89-438 A List of Claims, certified by the City Manager to be
correct in the amount of $1,817,576.04.
RETURN TO REGULAR AGENDA
89-439 Resolution No. 11744 "Appointing Don Wolfe as a member of
the Planning Board." Adopted.
June 20, 1989
Councilmember Camicia moved adoption of the resolution.
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 3.
The Clerk administered the Oath.
Mr. Wolfe expressed appreciation to Council.
HEARINGS
89 -440 Consideration of a Planning Board recommendation for
approval of Zoning Amendment, ZA -89 -1 to amend Section 11- 1354.4(f)
Procedures and Standards for the PD, Planned Development, combining
district regulations, to allow time extensions beyond the currently
permitted one year, following approval, during which construction
must begin. Applicant: City of Alameda. (Continued from June 6,
1989, Council Meeting)
Written Communications:
* From Gordon Christopherson, Alameda, regarding Zoning
Amendment ZA -89 -1 and 2001 Versailles Planned
Development [PD 86 -1].
The following citizens addressed Council regarding the matter:
John Barni, Jr., 875 Island Drive.
Gordon Christopherson, 2807 Marina.
The Planning Director reviewed the background of the matter.
Councilmember Camicia moved "acceptance of the report and to take
Item No. 12 [related Introduction of Ordinance] out of order."
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 3.
89 -441 Ordinance No. , N.S. "Amending the Alameda Municipal
Code by amending Section 11- 1354.4(f) of Chapter I, Title IX,
thereof, relating to procedures and standards for planned
developments. (Continued from June 6, 1989, Council Meeting)
Introduced.
Councilmember Camicia moved "introduction of ordinance; and
include December 1, 1988 stipulation [stipulation that the
ordinance be retroactive to December 1, 1988]." Councilmember
Withrow seconded the motion which was carried by unanimous voice
vote - 3.
REPORTS AND RECOMMENDATIONS
89 -442 From Chairman, Historical Advisory Board, for consideration
of the denial of the Certificate of Appropriateness by the
Historical Advisory Board for the demolition of 706 Pacific Avenue.
June 20, 1989
199
The following persons spoke on the matter:
Richard Ott, 910 Pacific Avenue.
Robert DeCelle, Chairman, Historical Advisory Board, P.O. Box 1606.
Barbara Roth, 1417 Fifth Street.
Richard Roth, 1417 Fifth Street.
John Barni, Sr., 1380 East Shore Drive.
Robert Ratto, 707 - 210N, Nevada City.
Robert Moore, 1325 Burbank Street.
Bill Wagner, 46 Tarry, Orinda.
Jeff Larkin, 16 Las Vegas Road, Orinda.
Jean Ratto Larkin, 16 Las Vegas Road, Orinda.
Councilmember Withrow moved that the "HAB's action be overturned
and the City Manager be directed to process a demolition permit."
Councilmember Camicia seconded the motion which carried by
unanimous voice vote - 3.
89-443 From Secretary, Pension Board, regarding proposed change to
Pension Ordinance 1079.
Councilmember Camicia moved the recommendation; Councilmember
Withrow seconded the motion which was carried by unanimous voice
vote - 3.
89-444 From City Manager regarding professional and clerical staff
for the City Attorney's office.
Councilmember Withrow moved "We [Council] accommodate the
recommendation of the City Manager and move for the approval of the
proposed staffing changes for the City Attorney's office." The
motion was seconded by Councilmember Camicia and passed by
unanimous voice vote - 3.
89-445 From City Clerk regarding action minutes.
Councilmember Withrow made a motion "that we move to an action-only
minute kind of process; video tapes and audio tapes that we
[Council] have backing up each of the City Council Meetings be
retained indefinitely. By definition of that, until the City
Council explicitly authorizes disposal or destruction."
Councilmember Camicia seconded the motion which was carried by
unanimous voice vote - 3.
Acting President Arnerich directed the Interim City
research retention period for video tapes.
89-446 From Public Works Director concerning the
organic waste.
Written Communications
Attorney to
recycling of
* From Earthworm Technology, Santa Cruz, regarding a
proposal for the recycling of organic waste.
June 20, 1989
00
David Eagle, Earthworm Technology, P.O. Box 2982, Santa Cruz,
addressed Council.
Councilmember Withrow moved "We [Council] accommodate the
recommendation of the Public Works Director and that Council refer
this correspondence to the Public Works Director for further
review." Councilmember Camicia seconded the motion which was
carried by unanimous voice vote - 3.
89 -447 From Public Works Director recommending reduction of United
Cable Television Bond from $1,000,000 to $300,000.
Councilmember Withrow moved "the bond for United Cable TV be
reduced from $1,000,000. to $300,000. as per contract between the
City of Alameda and United Cable." Councilmember Camicia seconded
the motion which was carried by unanimous voice vote - 3.
89 -448 From Recreation and Parks Director regarding status of park
development projects.
The following citizens addressed Council regarding the matter.
Don Roberts, 880 Portola Drive.
Ernest Chase, 833 Portola Avenue.
John Scott Graham, 1728 Tregloan Court.
Councilmember Withrow moved "that the Portola Triangle be listed as
priority Number 1, constrained only by EBMUD [constraint on the
development of turf]; Doc Harrington Soccer Field be priority
Number 2, again constrained only by EBMUD, and Village IV Park
would follow in behind that as Number 3; and that the balance of
the recommendations in his [Catlett's] report be approved."
Councilmember Camicia seconded the motion.
Councilmember Withrow moved to amend his motion "to include the
constraints the City Manager identified" [constraints due to
Village IV Park and the Shoreline Park agreement with Harbor Bay,
including 60 -day extension; and EBMUD constraints].
The motion was carried by unanimous voice vote - 3.
RESOLUTIONS
89 -449 Resolution No. 11745 "Awarding contract for legal
advertising for the City of Alameda for Fiscal Year 1989 -90 to the
Alameda Times - Star." Adopted.
John Scott Graham, 1728 Tregloan Court, addressed Council.
Councilmember Withrow made a motion "that the recommendation
included by the City Clerk, that the City Council adopt the
resolution awarding the contract of the Alameda Times -Star be
effected [adopted]." Councilmember Camicia seconded the motion
which was carried by unanimous voice vote - 3.
June 20, 1989
201
INTRODUCTION OF ORDINANCES
89-450 Ordinance No. , N.S. "Amending Title XVII of the
Alameda Municipal Code to establish a two-hour zone in front of
2151 Santa Clara Avenue." Introduced.
John Scott Graham, 1728 Tregloan Court, addressed Council.
Councilmember Camicia moved "to introduce the ordinance."
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 3.
FINAL PASSAGE OF ORDINANCES
89-451 Ordinance No. 2437, N.S. "Authorizing the acquisition of
certain rights-of-way for Triumph Drive and an unnamed extension of
Atlantic Avenue (0.42 acres and 0.97 acres respectively)." Adopted.
Councilmember Camicia moved "final adoption" [of the ordinance];
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 3.
89-452 Ordinance No. 2438, N.S. "Levying Special Taxes within
Community Facilities District No. 1 (Harbor Bay). Adopted.
Councilmember Withrow moved "the ordinance be adopted."
Councilmember Camicia seconded the motion which was carried by
unanimous voice vote - 3.
89-453 Ordinance No. 2439, 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 at the May 16th Council Meeting) Adopted.
The following citizens addressed Council on the matter:
Matthew Brewer, 2045 Buena Vista Avenue.
Amber DeCelle, 2115 Alameda Avenue.
Robert DeCelle, Chairman, Historical Advisory Board, P.O. Box 2606.
Phil Gill, Alameda Unified School District, 2200 Central Avenue.
John Scott Graham, 1728 Tregloan Court.
Councilmember Camicia moved "final passage" [of the ordinance].
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 3.
ORAL COMMUNICATIONS, GENERAL
89-454 Christopher Hanson, 543 Palace Court, inquired whether
Councilmember Thomas's trip to Newport Beach was authorized by the
Council, and if related expenses would be paid by the City.
Acting President Arnerich responded that the City Council did not
approve the trip, however, Councilmember Thomas has a right to go
on her own and do her own background check if she wishes.
June 20, 1989
202
ADJOURNMENT
Acting President Arnerich adjourned the meeting at 10:15 p.m.
Respectfully submitted,
DINE B. FELSCH,
City Clerk
The agenda for this meeting was posted 72 hours in advance in
accordance with the Brown Act.
June 20, 1989