1989-07-05 Regular CC Minutes204
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
HELD WEDNESDAY JULY 5, 1989
The meeting convened at 7:30 p.m. (following a Closed Session and
a Housing Authority Commission Meeting) with President Corica
presiding. The Pledge of Allegiance was led by Councilman
Arnerich. Reverend Robert Keller gave the invocation.
CLOSED SESSION - 6:35 P.M., ROOM 313, CITY HALL
Adjournment to Closed Session to consider, pursuant to
Government Code Section 54956.9, the following matters:
a) Acquisition of Linoaks property.
b) Guyton v. City of Alameda.
c) Bruce v. City of Alameda.
d) Appointment of outside Counsel for Bond Matter.
ROLL CALL - Present: Councilmembers Arnerich, Camicia, Thomas,
Withrow, and President Corica - 5.
Absent: None.
MINUTES
President Corica stated he would abstain regarding the regular
Council Meeting of June 20 as he was in attendance at the Mayor's
Conference in South Carolina. Councilmember Camicia made a motion
to approve the Minutes of the Regular Council Meeting of June 20,
1989, Special Council Meetings of June 9 and June 13, 1989.
Councilman Arnerich seconded the Motion which was carried by the
following voice vote: Regarding the the regular meeting of June
20: Ayes: Councilmembers Arnerich, Camicia, and Withrow - 3.
Noes: None. Absent: None. Abstentions: Councilmember Thomas
and President Corica - 2. Regarding the Special Council Meetings
of June 9 and June 13, 1989: Ayes: Councilmembers Arnerich,
Camicia, Withrow and President Corica - 4. Noes: None. Absent:
None, Abstentions: Councilmember Thomas - 1.
CONSENT CALENDAR
Councilmember Thomas commented she would vote no on Item No. 1-S,
regarding approval of Bills (See *89-476).
Councilmember Camicia moved to approve Consent Calendar Items Nos.
1-A through 1-R. Councilmember Withrow seconded the motion which
was carried by unanimous voice vote - 5.
Following the Clerk's request for a vote on Item No. 1-S
(*89-476), Councilmember Camicia stated "1-S, as well, is moved."
Councilmember Withrow stated "I'll modify my second" 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,
July 5, 1989
205
REPORTS AND RECOMMENDATIONS
*89 -458 From Interim City Attorney regarding settlement and
dismissal of Cheonis v. City of Alameda. Approved.
*89 -459 From Public Works Director recommending acceptance of
improvements and release of bond for Tract 4495 (Normandy -
Mecartney and Aughinbaugh). Approved.
*89 -460 From Public Works Director recommending acceptance of work
by King C. Electric, Inc., for traffic signal construction at
Broadway and Buena Vista Avenue, No. P.W. 10- 88 -18. Approved.
RESOLUTIONS
*89 -461 Resolution No. 11748 "Awarding contract to Gallagher &
Burk, Inc. for repair and resurfacing of certain streets, Phase
11, No. P.W. 10 -88 -15 and authorizing execution thereof."
Adopted.
*89 -462 Resolution No. 11749 "Authorizing execution of agreement
between the City of Alameda, Alameda West Lagoon Homeowners
Association and American Lake and Canal Company for Water
Management Services for South Shore Lagoon Maintenance, 1989 -90."
Adopted.
*89 -463 Resolution No. 11750 "Authorizing execution of a grant
agreement with the County of Alameda for minor home repair services
in Fiscal Year 1989 -90." Adopted.
*89 -464 Resolution No. 11751 "Authorizing execution of grant
agreement with the Alameda Main Street Project for commercial
revitalization services in Fiscal Year 1989 -90." Adopted.
*89 -465 Resolution No. 11752 "Supporting the Main Street program
in Alameda for Fiscal Year 1989 -90." Adopted.
*89 -466 Resolution No. 11753 "Authorizing execution of grant
agreement with the American Red Cross /Alameda Chapter for homeless
ancillary services in Fiscal Year 1989 -90." Adopted.
*89 -467 Resolution No. 11754 "Authorizing execution of grant
agreement with Bananas, Inc. for child care vouchers in Fiscal
Year 1989 -90." Adopted.
*89 -468 Resolution No. 11755 "Authorizing execution of grant
agreement with Bay Area Community Services, Inc. for Four Bridges
Program in Fiscal Year 1989 -90." Adopted.
*89 -469 Resolution No. 11756 "Authorizing execution of grant
agreement with Eden Council for Hope and Opportunity (ECHO Housing)
for Rent Guarantee Program in Fiscal Year 1989 -90." Adopted.
*89 -470 Resolution No. 11757 "Authorizing execution of grant
agreement with the Economic Development Corporation of Alameda for
Operating, Small Business Development and Equity Participation
July 5, 1989
206
Funds in Fiscal Year 1989 -90." Adopted.
*89 -471 Resolution No. 11758 "Authorizing execution of grant
agreement with Sentinel Landlord /Tenant Assistance Project for
housing support services and fair housing counseling in Fiscal Year
1989 -90." Adopted.
*89 -472 Resolution No. 11759 "Authorizing execution of grant
agreement with United Pilipinos of Alameda for Emergency Shelter
operations in Fiscal Year 1989 -90." Adopted.
*89 -473 Resolution No. 11760 "Authorizing the execution of
agreement between the City of Alameda and the Main Street Project,
Inc. for administration of BIA funds, Fiscal Year July 1, 1989 to
June 30, 1990." Adopted.
FINAL PASSAGE OF ORDINANCES
*89 -474 Ordinance No. 2440, N.S. "Amending Title XVII of the
Alameda Municipal Code to establish a two -hour zone in front of
2151 Santa Clara Avenue." Adopted.
*89 -475 Ordinance No. 2441, N.S. "Amending the Alameda Municipal
Code by amending Section 11- 1354.4(f) of Chapter 1, Title XI,
thereof, relating to procedures and standards for planned
developments." Adopted.
BILLS
*89 -476 A List of Claims, certified by the City Manager to be
correct in the amount of $3,899,485.14. [4 Ayes -- Councilmember
Thomas - No.]
RETURN TO REGULAR AGENDA
WRITTEN COMMUNICATIONS
89 -477 From Wayne Pearce, Alameda, regarding vehicular taxation and
fast food "art tax."
Wayne Pearce, 1136 Fontana Drive, addressed Council regarding the
matter.
Councilman Arnerich moved "that we [Council] accept Mr. Pearce's
letter." Councilmember Thomas seconded the motion which was carried
by unanimous voice vote - 5.
89 -478 From Thornton C. Bunch, Jr., San Francisco, regarding
Pension Ordinance No. 1082, New Series.
The following persons addressed Council regarding the matter:
Thornton C. Bunch, Jr., 22 Battery Street, Suite 810, San
Francisco.
Jeffery Swatman, President, Alameda Police Association.
Bruce Edwards, Alameda Police Association, Chairman of 1082 Pension
July 5, 1989
207
Committee.
President Corica stated he would abstain.
Councilmember Camicia moved "that we [Council] ask the staff to
develop a series of recommendations that the Mayor can present to
whomever the representative of this Committee is and have it
inclusive in terms of all of the issues on the table."
Councilmember Withrow stated "I would like to submit a proposed
modification to Councilmember Camicia's motion that would use the
words 'formal discussions' as opposed to 'negotiations, and that
the Mayor be identified as the lead for that speaker that would
imply that he can designate and identify any support personnel that
he may feel is desirable, necessary, beneficial on behalf of the
City." Councilmember Camicia stated he would accept that amendment
as part of the motion.
On the call for the question, the motion, as amended, was passed by
the following voice vote: Ayes: Councilmembers Arnerich, Camicia,
Thomas and Withrow - 4. Noes: None. Absent: None. Abstentions:
President Corica - 1.
89-479 From Sally McIntyre, President, Administrative Council,
Court Street United Methodist Church, Alameda, requesting a public
forum on the Police Department.
The following citizens addressed Council regarding the matter:
Mark Sigmon, 2024 Toronto Avenue, San Leandro, Court Street United
Methodist Church.
Betty Williams, 2351 South Shore Center, #18, New Life Ministries,
Court Street United Methodist Church.
David McIntyre, 1000 Paru Street, Court Street United Methodist
Church.
Councilmember Withrow moved "we [Council] accept the
correspondence." Councilmember Thomas inquired whether
Councilmember Withrow would like to add to his motion that the City
implement his proposal of having a minority contact person (at the
Police Department]; Councilmember Withrow "so moved."
Councilmember Thomas seconded the amended motion, which passed by
unanimous voice vote - 5.
89-480 From Briggs Buenafe, Student Trustee, Peralta Community
College District, Oakland, regarding installation of a traffic
signal at the corner of Atlantic Avenue and West Campus Drive
intersection.
Councilman Arnerich moved "that the Public Works Department be
directed to continue pursuit of funding for the project."
Councilmember Camicia seconded the motion, which passed by
unanimous voice vote - 5.
July 5, 1989
HEARINGS
89 -481 Consideration of establishing the City of Alameda's Prop 4
limit for Fiscal Year 1989 -90.
President Corica noted the procedure of the hearing.
The Finance Director reviewed the background of the matter.
President Corica opened the public portion of the hearing.
On the call for proponents, the following spoke:
Charles Tillman, 2415 Roosevelt Drive, Alameda.
On the call for opponents, there were none.
The public portion of the hearing was closed.
Councilmember Camicia moved "that we [Council] accept the report,
ask that the Gann discussion [regarding Golf Enterprise Fund] be
directed to the Finance Committee, and take the resolution out of
order." Councilmember Withrow seconded the motion which was carried
by unanimous voice vote - 5.
89 -482 Resolution No. 11761 "Establishing appropriation limit for
Fiscal Year 1989 -90." Adopted.
Councilmember Camicia moved adoption. Councilmember Thomas
seconded the motion which was carried by unanimous voice vote - 5.
89 -483 Consideration of the City of Alameda's proposed Operating,
Capital Improvements, and Gas Tax budgets for Fiscal Year 1989 -90.
President Corica noted the procedure of the hearing.
The Finance Director reviewed the background of the matter.
President Corica opened the public portion of the hearing.
On the call for proponents, the following spoke:
Charles Tillman, 2415 Roosevelt Drive.
John Guidici, 1035 Via Bonita, Mastick Senior Center Advisory
Board.
William McCall, 1105 Mound Street, President, Mastick Senior Center
Advisory Board.
On the call for opponents, there were none.
The public portion of the hearing was closed.
Under discussion regarding the Mastick Senior Center Lease, the
City Manager stated "I will ask the City Attorney to provide a
legal opinion [on the lease] and then it may be advantageous to put
this list [Departmental Requests for Enhanced Levels of Service]
July 5, 1989
209
over to your next meeting so you can consider the opinion of the
Attorney with the appropriation of funds on that supplemental
list."
Councilmember Withrow moved "that the budget as proposed by the
City Manager be approved to include the policy issue set asides."
Councilmember Camicia seconded the motion which was passed by
unanimous voice vote - 5.
89 -484 Resolution No. 11762 "Approving and adopting the Operating
Budget and Capital Improvements /Gas Tax budgets for Fiscal Year
1989 -90, and appropriating certain moneys for the expenditures
provided in said Fiscal Year." Adopted.
Councilmember Camicia moved adoption of the resolution. The
resolution was adopted by unanimous voice vote - 5.
89 -485 Consideration of Tentative Subdivision Map 6096 to subdivide
a 6.68 acre site into ten lots. The subject site is located on the
Marina Village property, just north and east of the intersection of
Triumph Drive and Independence Drive. It is zoned M -X, Mixed Use
District. Applicant: Alameda Real Estate Investments.
President Corica noted the procedure of the hearing.
The Planning Director reviewed the background of the matter.
President Corica opened the public portion of the hearing.
On the call for proponents, the following spoke:
Don M. Parker, Alameda Real Estate Investments, 1150 Marina
Village Parkway.
On the call for opponents, there were none.
The public portion of the hearing was closed.
Councilmember Camicia moved "we [Council] accept the report and
take the resolution out of order." Councilmember Withrow seconded
the motion which was carried by unanimous voice vote - 5.
89 -486 Resolution No. 11763 "Approving Tentative Subdivision Map
6096, a subdivision of 6.68 acre site into ten lots located at the
northeast corner of Marina Village, 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. The
Council adopted the resolution by unanimous voice vote - 5.
REPORTS AND RECOMMENDATIONS
89 -487 From Executive Director, Housing Authority, regarding
security services for the Housing Authority by City of Alameda
July 5, 1989
2i()
Police Department.
Following Council discussion, Mayor Corica inquired whether there
was a motion to accept the report and recommendation, to which
Councilmember Camicia stated he "so moved." Councilman Arnerich
seconded the motion, which carried by the following voice vote:
Ayes: Councilmembers Arnerich, Camicia, Withrow, and President
Corica - 4. Noes: None. Absent (from the dias): Councilmember
Thomas - 1.
89-488 From Community Development Director regarding Affordable
Housing Program.
Councilmember Camicia stated "I move that
recommendation." Councilmember Withrow seconded the
passed by the following voice vote: Ayes:
Arnerich, Camicia, Withrow, and President Corica - 4
Absent (from the dais): Councilmember Thomas - 1.
[See also "RETURN TO 89-488" following paragraph 89-489.]
89-489 From Recreation and Parks Director regarding naming of open
space facilities. (Soccer Field and Four-acre Park)
The following citizens addressed Council regarding the matter:
Darlene Pharr, Chairman, Recreation Commission, 1829 Lincoln
Avenue.
Gerhard Degemann, 19 Sandpiper Place.
Councilmember Thomas moved "that we [Council] name the two-acre
park "Harrington Park"; the four-acre park, "Tillman Park," and in
that park have the building that is constructed be dedicated to
Doris Sullivan with a plaque so stating."
[report and]
motion, which
Councilmembers
. Noes: None.
President Corica suggested that the Island High School be renamed
the Ted Anderson High School.
Councilmember Camicia requested a staff report on the policy for
recognizing certain persons in the community, to which, later under
discussion, Councilman Arnerich commented on the policy presently
followed.
Councilmember Thomas repeated her previous motion that "Harrington
Field" for the two-acre park; "Tillman Park" for the four-acre
[park] with a plaque on the building dedicated to Doris Sullivan
for her achievements."
Councilmember Withrow suggested an amendment to the motion to
formally send correspondence to the Unified School District School
Board, stating that we would propose that they take under serious
consideration the renaming of Island High School.
Councilmember Thomas responded that she would amend her motion to
include Mr. Withrow's formal resolution to the School Board.
Under discussion, Thomas said "Doc Harrington Field" is
July 5, 1989
211
appropriate, and stated she would amend her motion again.
Councilmember Camicia seconded the amended motion, which passed by
unanimous voice vote - 5.
RETURN TO 89-488 [Regarding Affordable Housingl
Discussion ensued regarding reconsideration of agenda Item No. 10
(89-488), at which time Councilmember Camicia made a motion to
reconsider the matter, and Councilmember Withrow seconded the
motion, which was carried by unanimous voice vote - 5. Following a
brief discussion, Councilmember Camicia withdrew his motions.
Councilmember Camicia moved
item] number 10." [Paragraph
the motion. Councilmember
this [the matter]. Following
Camicia withdrew his motions
RETURN TO REGULAR AGENDA
"the same motion as before on [agenda
89-488] Councilmember Withrow seconded
Thomas stated she had concerns about
brief discussion, Councilmember
89-490 From Public Works Director submitting supplemental report on
the possibility of parking meters at Washington Park parking lot.
Councilman Arnerich moved "to put [parking] meters in."
Councilmember Camicia seconded the motion, which was passed by
unanimous voice vote - 5.
RESOLUTIONS
89-491 Resolution No. 11764 "Expressing the intent of the City of
Alameda to issue revenue bonds in an amount not to exceed
$20,000,000 in order to finance certain facilities of KQED, Inc.
of San Francisco and approving related actions.
Councilmember Camicia stated he would abstain from voting on the
matter as he is an employee of KQED.
The following persons addressed Council regarding the matter:
Anthony Tiano, President, KQED, 500 - 8th Street, San Francisco.
Robert Johnston, Chief Financial Officer, KQED, 500 - 8th Street,
San Francisco.
Michael Bailey, Brown & Wood, 555 California Street, San Francisco.
Teressa Lippert, Folger & Levin, San Francisco, representing KQED.
Gerhard Degemann, 19 Sandpiper Place.
Richard Roth, 1417 - 5th Street.
Don Roberts, 880 Portola Avenue.
Councilmember Withrow moved "that we [Council] approve the
resolution and schedule the ordinance, generic ordinance, and adopt
it with the modification of the language to the Preliminary
Agreement that would identify the amount of funds that Alameda
should acquire from this venture." Councilmember Thomas seconded
the motion, which was passed with the following vote: Ayes:
Councilmembers Arnerich, Thomas, Withrow, and President Corica - 4.
July 5, 1989
Noes: None. Absent: None. Abstentions: Camicia - 1.
89 -492 Ordinance No. N.S. "Providing for the City of
Alameda to issue revenue bonds for the purpose of providing
financing to participating parties for economic and educational
development purposes, and certain other supplemental provisions,
including definitions, general provisions, powers and procedures."
Introduced.
Councilmember Withrow made a motion to introduce the ordinance.
Councilman Arnerich seconded the motion which was carried by the
following voice vote: Ayes: Councilmembers Arnerich, Thomas,
Withrow and President Corica - 4. Noes: None. Absent: None.
Abstentions: Councilmember Camicia - -1 [due to his employment at
KQED].
89 -493 Resolution No. 11765 "Reserving Dwelling Unit Tax for
future construction of a quality hardball facility." Adopted.
Darlene Pharr, Chairman, Recreation Commission, 1829 Lincoln
Avenue, addressed Council regarding the matter.
Following Council discussion, Councilmember Withrow moved "adoption
of the resolution as modified;" Councilmember Thomas clarified the
motion by stating "the modification that we intend to pay up to
$700,000 but not designate [which] funds," and seconded the motion.
The motion carried by unanimous voice vote - 5.
89 -494 Resolution No. 11766 "Providing for the borrowing of funds
for Fiscal Year 1989 -90 and the issuance and sale of 1989 tax and
revenue anticipation notes therefor." Adopted.
Councilmember Camicia made a motion to adopt the resolution.
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 5.
Councilmember Thomas requested a staff report on local financing to
which the Finance Director stated information will be included in
the Monthly Financial Reports.
89 -495 Resolution No. 11767 "Establishing a Restricted Reserve
Account." Adopted.
Councilmember Camicia made a motion to adopt the resolution.
Councilmember Thomas seconded the motion which was carried by
unanimous voice vote - 5.
89 -496 Resolution No. 11768 "Approving SB140, State -Local
Transportation Demonstration Program, San Leandro Bridge (Bay Farm
Island Bridge) bikeway and approach widening project, guaranteeing
50% local matching funds." Adopted.
Councilmember Camicia stated "I move this resolution and make an
amendment to strike out, under the second Whereas (Number 1) where
it says "widening the northbound approach." Councilmember Withrow
requested that the motion be further amended to strike "widening
July 5, 1989
213
project" under the first Whereas (Number 1). Councilmember
seconded the motion which was carried by unanimous voice vote - 5.
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 5.
INTRODUCTION OF ORDINANCES
89-497 Ordinance No. , N.S. "Approving, authorizing and
directing execution of certain lease financing documents, approving
the form and authorizing the distribution of a preliminary official
statement, approving the form and authorizing execution of a
purchase agreement, and authorizing and directing certain actions
with respect thereto." Introduced.
Councilmember Thomas moved "modify ordinance . . . Sections 1,
2, 3, 6, 7 to eliminate the Mayor and Assistant City Manager."
Councilmember Withrow seconded the motion, which carried by
unanimous voice vote - 5.
89-498 Ordinance No. N.S. "Amending the Alameda Municipal
Code by adding Section 17-S53 of Chapter 3 of Title XVII thereof,
relating to overnight and extended parking of recreational
vehicles." Tabled.
The following citizens addressed Council regarding the matter:
Linda Soulages, 2846 Van Buren Street.
James Forquer, 1620 Alameda Avenue.
Gerhard Degemann, 19 Sandpiper Place.
Councilmember Withrow moved "we [Council] make it 72 and 72 [hours
allowable to park on streets, and minimum hours before the vehicle
can return following tagging] and adopt the recommendation with
that modification." Councilmember Camicia seconded the motion.
Following discussion regarding time periods, extension permits,
etc., the motion was withdrawn.
Councilmember Camicia made a motion to table the matter to the next
meeting. Councilmember Withrow seconded the notion which was
carried by unanimous voice vote - 5.
89-499 Ordinance No. / N.S. "Amending the Alameda Municipal
Code by modifying Subsection (155) of Section 17-432 thereof to
install stop signs on Pacific Avenue at Benton Street." Introduced.
Councilmember Camicia moved introduction of the ordinance.
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 5.
89-500 Ordinance No. , N.S. "Amending the Alameda Municipal
Code by modifying Subsection (15) (A) of Section 17.344.1 thereof
to install a 24-minute time limit zone in front of 2431 Clement
July 5, 1989
Avenue."
Councilmember Thomas moved to "table it [ordinance] and have it
come back to us [Council] as meters." Councilmember Withrow
seconded the motion which passed by unanimous voice vote - 5.
UNFINISHED BUSINESS
89 -501 President Corica requsted the Interim City Attorney to give
Closed Session results. The Interim City Attorney stated that no
action was taken on the Guyton matter and the Bruce matter;
Councilmember Withrow moved that Michael W. Stamp be identified as
the outside Counsel for the Linoaks, Councilmember Camicia seconded
the motion which was carried by unanimous voice vote - 5.
NEW BUSINESS
89 -502 Consideration of nomination for appointment to the Planning
Board.
President Corica nominated Linda Prichard for reappointment to the
Planning Board. Councilmember Camicia seconded the nomination
which was approved by unanimous voice vote - 5.
89 -503 Consideration of nomination for appointment to the Civil
Service Board.
President Corica nominated Robert Guthrie for reappointment to the
Civil Service Board. Councilmember Camicia seconded the nomination
which was approved by unanimous voice vote - 5.
89 -504 Consideration of nominations for appointment to the Housing
Commission.
President Corica nominated Charles Tillman for reappointment to the
Housing Commission. Councilmember Camicia seconded the nomination
which was approved by unanimous voice vote - 5.
President Corica nominated Chet Broadley as Senior Tenant
Commissioner. Councilmember Camicia seconded the nomination which
was approved by unanimous voice vote - 5.
89 -505 Consideration of nominations for appointment to the Library
Board.
President Corica nominated Lucy Brohard for reappointment to the
Library Board. Councilmember Camicia seconded the nomination which
was approved by unanimous voice vote - 5.
President Corica nominated Theony Condos for appointment to the
Library Board. Councilmember Camicia seconded the nomination which
was approved by unanimous voice vote - 5.
89 -506 Consideration of nominations for appointment to the Social
Service Human Relations Board.
July 5, 1989
President Corica nominated Marjorie Rose for reappointment to the
Social Service Human Relations Board. Councilmember Camicia
seconded the nomination which was approved by unanimous voice vote
5.
President Corica nominated Anthony DeSimone for appointment to the
Social Service Human Relations Board. Councilmember Camicia
seconded the nomination which was approved by unanimous voice vote
5.
President Corica nominated Matthew Duncan for appointment to the
Social Service Human Relations Board. Councilmember Camicia
seconded the nomination which was approved by unanimous voice vote
5.
89-507 Councilmember Camicia requested a resolution commending
Bruce Quan for his services as Interim City Attorney.
89-508 Councilmember Camicia requested the matter of evaluating the
three appointed officials be placed back on the agenda.
89-509 Councilmember Camicia recommended that the Finance Committee
look at the non-profit revenue bond matter and determine whether
the City will be able to market it somehow.
89-510 Councilmember Thomas noted that Council did not authorize
the Auditor nor Treasurer to serve on the Finance Committee,
although they may provide support.
Councilmember Thomas requested staff to comment where the Finance
Committee can be best used.
ADJOURNMENT
The meeting was adjourned at 12:45 p.m.
Respectfully submittell
ize ,
DIANE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance in
accordance with the Brown Act.
July 5, 1989