1989-08-01 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY AUGUST 1, 1989
89-549 The meeting convened at 7:30 p.m. (at the conclusion of a
preview of a segment of a video entitled "Excellence in Government
Facilities," and a Closed Session to consider, pursuant to
Subsection (a) of the legal counsel section of the Brown Act,
Workers' Compensation Claim of Nela Tausche) with President Corica
presiding. The Pledge of Allegiance was led by Councilmember
Camicia. Reverend Doug Henderson gave the invocation.
ROLL CALL - Present: Councilmembers Arnerich, Camicia, Thomas,
Withrow, and President Corica - 5.
Absent: None.
MINUTES
President Corica clarified action of the Council at the last
meeting: that Council approved the Bills and at the end of the
Council Meeting, someone noted the Bills were not approved, the
Council meeting was reconvened to discuss the Bills, but since the
Bills were already voted on under the Consent Calendar, the vote
[taken after the reconvening of the meeting] was null and void.
Councilmember Camicia made a motion to approve the minutes of the
Regular Council Meeting of July 18, 1989, and Special Council
Meeting of July 12, 1989. Councilmember Withrow seconded the
motion. Councilmember Thomas stated she would "be abstaining on
the minutes as I was not in the room when the vote was taken [at
the reconvened meeting] nor was I present when the meeting was
reconvened." The motion was carried by the following voice vote:
Ayes: Councilmembers Arnerich, Camicia, Withrow and President
Corica 4. Noes: None. Absent: None. Abstentions:
Councilmember Thomas - 1.
CONSENT CALENDAR
Councilmember Camicia moved adoption of the Consent Calendar.
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 5.
Items so enacted or adopted are indicated by an asterisk.
RESOLUTIONS
*89-550 Resolution No. 11786 "Adopting plans and specifications
for Minor Street Patching with asphalt concrete for Fiscal Year
ending June 30, 1990, No. P.W. 7-89-6, calling for bids and
directing City Clerk to advertise same." Adopted.
*89-551 Resolution No. 11787 "Adopting plans and specifications
for repair of Portland Cement Concrete Sidewalk, Curb, Gutter, and
Driveway for Fiscal Year ending June 30, 1990, No. P.W. 7-89-7,
calling for bids and directing City Clerk to advertise same."
Adopted.
August 1, 1989
228
*89-552 Resolution No. 11788 "Adopting plans and specifications
for installation of house laterals for Fiscal Year ending June 30,
1990, No. P.W. 7-89-8, calling for bids and directing City Clerk
to advertise same." Adopted.
*89-553 Resolution No. 11789 "Adopting plans and specifications
for Mechanical Systems Maintenance in various City facilities for
Fiscal Year ending June 30, 1990, No. P.W. 7-89-5, calling for
bids and directing City Clerk to advertise same." Adopted.
* * * * * * * * *
RETURN TO REGULAR AGENDA
Councilmember Camicia moved Council take resolutions [Agenda Items
Nos.] 8, 9, and 10 out of order. Councilman Arnerich seconded the
motion which was carried by unanimous voice vote - 5.
89-554 Resolution No. 11790 "Reappointing Robert L.
member of the Cable Television Oversight Committee."
Councilmember Camicia made a motion to adopt the
Councilmember Withrow seconded the motion which was
unanimous voice vote - 5.
The City Clerk administered the Oath to Mr. Wonder.
89-555 Resolution No. 11791 "Reappointing Wayne A.
member of the Cable Television Oversight Committee."
Councilmember Camicia made a motion to adopt the
Councilman Arnerich seconded the motion which was
unanimous voice vote - 5.
89-556 Resolution No. 11792 "Reappointing Phyllis D.
a member of the Social Service Human Relations Board."
Councilmember Camicia made a motion to adopt the
Councilmember Withrow seconded the motion which was
unanimous voice vote - 5.
WRITTEN COMMUNICATIONS
Wonder as a
Adopted.
resolution.
carried by
Milani as a
Adopted.
resolution.
carried by
Marshall as
Adopted.
resolution.
carried by
89-557 From Attorney General, State of California, submitting Final
Report of the Asian and Pacific Islander Advisory Committee.
Councilman Arnerich moved "that we [Council] accept the report and
recommendation as submitted by Chief Shiells." Councilmember
Withrow seconded the motion.
Following discussion, Councilman Arnerich restated and amended his
motion that "we [Council] accept the communication from Chief
Shiells with the exploration, further [exploration], of his remark
on page 2 that they [staff] would look into the incentive program
for a person that could be bilingual." Councilmember Thomas
seconded the motion which was carried by unanimous voice vote - 5.
August 1, 1989
229
89-558 From League of California Cities, East Bay Division,
regarding possible changes to Telecommunications Act of 1984
(SB66).
Councilman Arnerich moved "we [Council] accept the material as sent
by Mr. Wonder to us, and pass on to our respective people in
Congress, and wherever necessary, that the attached memo be
implemented as quickly as possible."
Following discussion, regarding the form of the communication,
Councilman Arnerich commented that "perhaps just one letter from
you [Mayor Corica] representing the City, saying you have the
concurrence of the complete Council, and then listing our [City's]
troubles;" and stated he would "amend my motion to that effect."
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 5.
REPORTS AND RECOMMENDATIONS
89-559 From Recreation and Parks Director regarding use of Dwelling
Unit Tax for landscaping of the Portola Triangle.
The following persons addressed Council regarding the matter.
Don Roberts, 880 Portola Avenue.
Darlene Pharr, 1829 Lincoln Avenue, Chairman, Recreation
Commission.
Ernest Chase, Post Office Box, Naval Air Station.
Gerhard Degemann, 19 Sandpiper Place,
Councilmember Withrow moved "that the funding requirements that
exceed the $43,000 that was previously approved by the Council to
be taken from the DUT funds, Dwelling Unit Taxes, be covered by
those taxes to the amount that is required to complete the Portola
Triangle on a priority basis, as the Council voted on at the last
session." Councilmember Thomas seconded the motion.
The motion was carried by the following voice vote: Ayes:
Councilmembers Camicia, Thomas, Withrow and President Corica - 4.
Noes: Councilman Arnerich - 1. Absent: None.
89-560 From Police Chief regarding jet skis operating in the South
Shore Beach Area.
Councilmember Camicia stated he would "move the recommendation" [to
implement a program to control the problem of jet ski violations).
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 5.
89-561 From Public Works Director recommending additional parking
controls for street sweeping areas.
Under discussion, the City Manager stated, in response to Council's
concerns regarding the street sweeping schedule, that staff would
August 1, 1989
come back with improvements on the times and alternating days.
Councilmember Withrow moved to "accept the report and direct staff
to prepare an ordinance amending the [Alameda] Municipal Code to
add additional areas to prohibit parking for street sweeping."
Councilman Arnerich seconded the motion which was carried by
unanimous voice vote - 5.
89-562 From Public Works Director regarding City street tree
removal at 3016 Gibbons Drive.
Councilman Arnerich moved that "we [Council] recommend that the
City not replace the liquidambar tree in front of 3016 Gibbons
Drive." Councilmember Withrow seconded the motion which was carried
by unanimous voice vote - 5.
RESOLUTIONS
89-563 Resolution No. 11793 "Approving Final Map for Tract 6000
(southeast corner Chestnut Street and Lincoln Avenue), Henry F.
Chan, et al., Subdividers, and permitting recording thereof."
Adopted.
Councilmember Camicia moved adoption of the resolution.
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 5.
89-564 Resolution No. 11794 "Authorizing execution of Agreement
for construction and completion of improvements in connection with
Tract 6000 (southeast corner Chestnut Street and Lincoln Avenue),
Henry F. Chan, et al., Subdividers, and approving bonds as to
sufficiency." Adopted.
Councilmember Camicia moved adoption of the resolution.
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 5.
89-565 Resolution No. 11795 "Approving the Final Alameda County
Hazardous Waste Management Plan dated March 23, 1989." Adopted.
Councilmember Camicia moved adoption of the resolution.
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 5.
89-566 Resolution No. 11796 "Approving Final Map for Tract 4497
(Harbor Bay Village Five) and permitting recording thereof."
Councilmember Camicia moved adoption of the resolution.
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 5.
89-567 Resolution No. 11797 "Amending the Management and
Confidential Employee Salary Resolution by establishing the salary
for the new positions of Assistant City Attorney and Personnel
Analyst." Adopted.
August 1, 1989
2
Councilmember Withrow moved "approval of the salary resolution."
Discussion ensued including a question by Councilmember Thomas
regarding the legal affect of having a contract for the new City
Attorney which is below the negotiated salary resolution, if there
is a conflict, and if the salary resolution should be amended.
Councilmember Camicia seconded the motion which was carried by
unanimous voice vote - 5.
Councilman Arnerich stated "we [Council] should ask Mrs. Kingsley
[Personnel Director] to prepare this [an adjusted salary resolution
regarding the City Attorney position, to be made retroactive to
date of hire] for the next Council Meeting." Councilmember Withrow
seconded the motion which was carried by unanimous voice vote - 5.
INTRODUCTION OF ORDINANCES
89-568 Ordinance No. N.S. "Amending the Alameda Municipal
Code by adding Section 17-353 of Chapter 3 of Title XVII thereof,
relating to overnight and extended parking of recreational
vehicles." Introduced.
The following persons addressed the Council regarding the matter.
Linda Soulages, 2846 Van Buren.
Ken Kaniye, 1012 Camellia Drive
Susan Adams, 1615 Chapin Street
Roland Marzolf, 1354 Grove Street.
Gerhard Degemann, 19 Sandpiper Place.
Councilmember Withrow moved "that the traffic regulations of the
Alameda Municipal Code be modified by ordinance, requiring an RV to
be moved after being cited, and prohibiting the return of that
vehicle to within a distance of one-half mile for a period of at
least 96 hours; and that out-of-town visitors be given a permit
exempting them from the 72 hour period at the discretion of the
Police Chief or whomever he so designates."
Following discussion regarding requirements, Councilmember Withrow
amended his motion "to include boats, in paren, around RV such that
boats on trailers would be in fact included." 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.
FINAL PASSAGE OF ORDINANCES
89-569 Ordinance No.
Code by adding Title
thereof establishing
expanded development
Adopted.
2445, N.S. "Amending the Alameda Municipal
XX thereto and adding Chapter 1 to Title XX
affordable housing requirements for new and
and establishing procedures therefor."
The following persons addressed Council on this matter.
August 1, 1989
2 (.
Edward Murphy, 2618 Janis Circle.
Don Parker, 1150 Marina Village Parkway.
Peter C. Wang, 1521 Buena Vista Avenue.
Councilmember Withrow moved that the ordinance be adopted.
Councilman Arnerich seconded the motion. Councilmember Withrow
amended the motion "to include the two inputs [modifications] from
the staff;" and subsequently clarified his motion by reading the
two proposed modifications, "'The ordinance would apply to all
projects except those developments subject to a development
agreement, an owner participation agreement with contrary
provisions,' which are included in the ordinance now, 'or an owner
participation agreement in effect as of the effective date of this
ordinance,' which is the addition. The second modification would
be in the paragraph having to do with development," [Section
20-132] and noted the words, "or reconstruction" would be deleted.
The motion was carried by the following voice vote: Ayes:
Councilmembers Arnerich, Camicia, Withrow and President Corica - 4.
Noes: Councilmember Thomas - 1. Absent: None.
NEW BUSINESS
89-570 President Corica requested a recommendation to paint curbs
red to five feet from the corner be brought back to the Council by
staff, and concurred with the City Manager that the matter may be
submitted to the Traffic Advisory Committee.
89-571 Councilmember Thomas requested a report from staff regarding
civilianizing the inspection of taxicabs; and would like a
recommendation from the Police Chief.
89-572 Councilmember Thomas requested a report from the City
Attorney on implementing removal of billboards as reflected in the
Metromedia [Foster and Kleiser Corp./Eller Outdoor Advertising Co.
of California, Inc.] settlement agreement which expires in 1991.
89-573 Councilmember Thomas commented on a citizen's complaint
regarding foul language by adults in park areas adjacent to toddler
play areas, and requested staff explore measures, i.e., signs, to
discourage such behavior.
89-574 Councilmember Thomas requested the meeting be adjourned in
honor of Lt. Col. William Higgins.
89-575 Councilmembers Arnerich and Withrow reported on the July
League of California Cities Conference.
BILLS
89-576 A List of Claims was presented to Council for approval,
certified by the City Manager as correct, in the amount of
$1,771,968.21.
Councilmember Withrow moved approval; Councilmember Camicia
seconded the motion which was carried by the following voice vote:
August 1, 1989
2
Ayes: Councilmembers Arnerich, Camicia, Withrow and President
Corica - 4. Noes: Councilmember Thomas - 1. Absent: None.
ADJOURNMENT
89-577 President Corica adjourned the meeting with a moment of
silence in honor of Lt. Col. William Higgins, at 9:30 p.m.
Respectfully submitted
DIANE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance in
accordance with the Brown Act.
August 1, 1989