1989-09-19 MinutesSPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
SEPTEMBER 19, 1989
The meeting convened at 7:00 p.m. with Acting President Arnerich
presiding.
ROLL CALL
Present: Councilmembers Camicia, Thomas, Withrow, and
Acting President Arnerich - 4.
Absent: Mayor Corica - 1.
89 -664 Acting President Arnerich adjourned the meeting to a Closed
Session to consider:
a) Edwards v.
Subsection (a)
the Brown Act.
b) Hawkins v.
Subsection (a)
the Brown Act.
c) Ullner v.
Subsection (a)
the Brown Act.
City of Alameda, pursuant to
of the legal counsel section of
City of Alameda, pursuant to
of the legal counsel section of
City of Alameda, pursuant to
of the legal counsel section of
[Acting President Arnerich announced during the regular meeting of
the City Council, held at 7:36 p.m., that the Council regarding
Edwards v. City of Alameda, authorized a settlement offer;
regarding Hawkins v. City of Alameda, authorized the change of
outside counsel to Dang and Trachuk; and, regarding Ullner v.
City of Alameda, authorized continued defense of this case on
appeal.]
ADJOURNMENT
There being no further business to come before the Council, Acting
President Arnerich adjourned the meeting at 7:20 p.m.
Respectfully submitted,
D E B. FELSCH, CMC
City Clerk
The agenda for the meeting was posted in accordance with the
Brown Act.
September 19, 1989
261
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY - ------ - - - - - SEPTEMBER 19, 1989
The meeting convened at 7:36 p.m. (at the conclusion of a
Community Improvement Commission Meeting) with Acting President
A.J. "Lil" Arnerich presiding. The Pledge of Allegiance was led
by Councilmember Camicia. Reverend Robert Keller gave the
invocation.
ROLL CALL - Present:
Absent:
MINUTES
Councilmembers Camicia, Thomas, Withrow,
and Acting President Arnerich 4,
Mayor Corica - 1.
Councilmember Withrow made a motion to approve the minutes of the
Regular Council Meeting of September 5, 1989, and the Special
Meetings of September 5, 1989. Councilmember Camicia seconded the
motion which was carried by unanimous voice vote - 4.
SPECIAL ORDERS OF THE DAY
89-665 Presentation of Employee Excellence Awards to Vivian Day and
Ruth Pina.
Vice-Mayor Arnerich explained the City of Alameda Recognition
Program and presented the excellence awards to Ms. Day, Permit
Coordinator for the Public Works Department, and Ms. Pina, Housing
Program Coordinator for the Alameda Housing Authority.
89-666 Proclamation declaring the week of October 2-6, 1989 as
Rideshare Week in Alameda.
Vice-Mayor Arnerich read the proclamation and suggested everyone
participate in the program for the benefit of the environment.
Announcement by Mayor of Closed Session action(s)
Vice-Mayor Arnerich announced that at the Closed
Special Meeting held at 7:00 p.m., the following
, if any.
Session during the
action was taken.
89-667 Regarding Edwards v. City of Alameda et al., Council
authorized a settlement offer.
89-668 Regarding Hawkins v. City of Alameda, et al., Council
authorized the change of outside counsel to Dang and Trachuk.
89-669 Regarding Ullner v. City of Alameda, et al., Council
authorized continued defense of this case on appeal.
September 19, 1989
262 .
CONSENT CALENDAR
At the request of Don Roberts, Alameda, Item No. 1 -K, resolution
regarding street names in Harbor Bay Business Park (See paragraph
89 -694) was removed from the Consent Calendar to the regular
agenda; and at the request of Councilmember Thomas, Item No. 1 -J,
resolution regarding traffic zone unit for Police Department (See
paragraph 89 -693) was removed from the Consent Calendar to the
regular agenda.
Councilmember Camicia made a motion to approve the remainder of the
Consent Calendar. Councilmember Withrow seconded the motion which
was carried by unanimous voice vote - 4.
Items so enacted or adopted are indicated by an asterisk.
REPORTS AND RECOMMENDATIONS
*89 -670 From Public Works Director recommending acceptance of the
work by Atlas Tree Services, Inc. for pruning of City street trees
in various locations in the City of Alameda, No. P.W. 11- 88 -19.
Approved.
*89 -671 From Public Works Director recommending setting a Hearing
date of October 3, 1989, to establish a lien for sidewalk repair at
1520 Willow Street, 2115 Buena Vista Avenue, and 2421 Webb Avenue.
Approved.
*89 -672 From Finance Director submitting August, 1989 Investment
Report. Approved. (350 -30)
RESOLUTIONS
*89 -673 Resolution No. 11824 "Rejecting all bids and authorizing
negotiating in the open market, pursuant to Section 3 -15 of the
City Charter, for Bayview Shoreline Enhancement, No. P.W.
8- 88 -12." Adopted.
*89 -674 Resolution No. 11825 "Authorizing negotiating in the open
market, pursuant to Section 3 -15 of the City Charter, for the
repair of Portland cement concrete sidewalk, curb, gutter and
driveway for the fiscal year ending June 30, 1990, No. P.W.
7- 89 -7." Adopted.
*89 -675 Resolution No. 11826 "Awarding contract to Gateway
Landscape Construction for the installation of house laterals and
other work connected therewith for the fiscal year ending June 30,
1990, No. P.W. 7 -89 -8, and authorizing execution thereof."
Adopted.
*89 -676 Resolution No. 11827 "Awarding contract to J.R.'s
Landscaping for minor street patching with asphalt concrete for the
fiscal year ending June 30, 1990, No. P.W. 7 -89 -6, and
authorizing execution thereof." Adopted.
*89 -677 Resolution No. 11828 "Awarding contract to Western Allied
September 19, 1989
263
Service for mechanical systems maintenance in various City
facilities for fiscal year ending June 30, 1990, No. P.W. 7 -89 -5,
and authorizing execution thereof." Adopted.
*89 -678 Resolution No. 11829 "Authorizing open market purchase of
an additional disk drive for the Microvax II Computer." Adopted.
*89 -679 Resolution No. 11830 "Approving Lincoln Lane as the name
of the pedestrian path in Tract 6000 at the southeast corner of
Lincoln Avenue and Chestnut Street." Adopted.
*89 -680 Resolution No. 11831 "Authorizing open market purchase of
one parking enforcement vehicle for the Police Department."
Adopted.
*89 -681 Resolution No. 11832 "Approving Parcel Map 5767
(Independence Plaza - Alameda Senior Housing Project) and
permitting recording thereof." Adopted.
FINAL PASSAGE OF ORDINANCES
*89 -682 Ordinance No. 2448, N.S. "Amending Title XVII of the
Alameda Municipal Code to establish stop signs for Lafayette Street
at Eagle Avenue." Adopted.
*89 -683 Ordinance No. 2449, N.S. "Amending Title XVII of the
Alameda Municipal Code to establish stop signs for Webb Avenue at
Everett Street." Adopted.
*89 -684 Ordinance No. 2450, N.S. "Amending Title XVII of the
Alameda Municipal Code to relocate a 24- minute parking zone on the
east side of Westline Drive north of Shorepoint Court." Adopted.
*89 -685 Ordinance No. 2451/ N.S. "Amending Title XVII
Alameda Municipal Code to modify two -hour parking zone on
Avenue west of Willow Street." Adopted.
*89 -686 Ordinance No. 2452, N.S. "Amending Title XVII
Alameda Municipal Code pertaining to off - street
regulations, and repealing Resolutions Nos. 5472, 5684
6134, 8106, 9334, and 9718." Adopted.
REPORTS AND RECOMMENDATIONS
of the
Clinton
of the
parking
, 5768,
89 -687 From Chairman, Recreation Commission, regarding site
location for future quality hardball facility.
Acting President Arnerich announced the City Manager and Mayor will
be meeting with the President of the College of Alameda to
informally discuss this and other recreation issues; this item
will be re- agendized for Tuesday, October 17, 1989, Council
Meeting.
September 19, 1989
89 -688 From Chairman, Finance Committee, submitting recommendations
regarding the Bureau of Electricity. (1010 -10)
Councilmember Withrow commented the recommendation is that the
Public Utilities Board amend its resolution [No. 3569], to take
the ceiling off the contribution of the Bureau of Electricity to
the City General Fund, and he so moved.
Councilmember Camicia seconded
unanimous voice vote - 4.
89 -689 From Chairman, Finance
development options. (440 -25)
the motion which was carried by
Committee, regarding waterfront
Herbert Shelmadine, 835 Laurel Street, expressed an interest in
goals of the Port Authority and a willingness to be of assistance.
Councilmember Withrow moved "that we [Council] send their [Finance
Committee] recommendation [a fourth alternative be developed which
captures the best features of the three that have been presented]
for an alternative to the Planning Department to come up with a
fourth alternative." Councilmember Camicia seconded the motion.
Council discussed the financial goals included in the report.
The motion was carried by unanimous voice vote - 4.
89 -690 From City Manager regarding Port Authority Task Force Goals
List. (850 -15)
Councilmember Thomas and Acting President Arnerich commended the
Task Force for doing an outstanding job.
Councilmember Withrow commented the Task Force is looking to
Council for possible modification of the nine identified goals and
authorization to develop a work plan; and he believes the goals
are well - couched.
Acting President Arnerich noted the recommendation is that Council
authorize the Task Force to develop a work plan which addresses
each of the nine Goals outlined, and that the Task Force be
directed to report back to Council in December, 1989.
Councilmember Withrow moved the Task Force's "recommendation
accommodated." Councilmember Camicia seconded the motion.
In response to Councilmember Thomas's inquiry concerning Goal 6
[The City gain access to ownership of McKay Avenue (private street
currently owned by the Federal Government)], John Barni, Jr.,
temporary Chairman of the Task Force, stated the government has, on
occasion, considered disposing of the property and it behooves the
City to gain control of the street if possible, because the street
permits access to land which otherwise could not be properly
utilized.
The motion was carried by unanimous voice vote - 4.
September 19, 1989
265
89-691 From Community Development Director regarding reactivation
of the Substantial Rehabilitation Program.
The Community Development Director explained the background of the
matter.
In response to Councilmember Thomas's inquiry regarding recapture
of funds, the Community Development Director responded there has
been only one default in a previously implemented program and that
is being litigated; and new procedures have been put into place to
avoid reoccurrence of a problem of that nature.
Councilmember Withrow commented the potential of the program has
merit and moved Council "accommodate the request and solicit the
opinions of the citizens." Councilmember Thomas seconded the
motion, which was carried by unanimous voice vote - 4.
RESOLUTIONS
89-692 Resolution No. 11833 "Authorizing adoption and execution of
Cooperation Agreement between the City of Alameda and the Housing
Authority of the City of Alameda for Independence Plaza." Adopted.
Councilmember Withrow moved adoption of the resolution.
Councilmember Camicia seconded the motion which was carried by
unanimous voice vote - 4.
89-693 Resolution No. . "Authorizing open market purchase of
one mobile traffic zone unit for the Police Department."
Councilmember Thomas stated she cannot at this time vote for the
resolution; her concern is that there have been studies done that
show the speed of the vehicles increases after passing the device.
Councilmember Camicia suggested the matter be sent back for more
information, as a four-fifths vote is required, and he would also
like to review the studies mentioned by Councilmember Thomas.
Acting President Arnerich requested comments from Police Captain
Schmitz, who stated he is not aware of any negative studies; noted
communities utilizing the equipment; and described the methods of
enforcement in connection with the equipment.
Gerhard Degemann, 19 Sandpiper Place, addressed Council in favor of
the equipment, but suggested a grace period before enforcement.
Upon inquiry by Acting President Arnerich, the City Manager noted
there could be direction to staff that the matter be held over
until Council is provided the studies.
Councilmember Camicia so moved. Councilmember Withrow seconded the
motion which was carried by unanimous voice vote - 4.
89-694 Resolution No. "Approving various street names for
September 19, 1989
66
existing streets in the Harbor Bay Business Park."
Don Roberts, 880 Portola Avenue, spoke in opposition to the names
approved by the Planning Board, and suggested the name of Mr.
Minoru Nakayama, who died a war hero in the United States Army, and
consideration of women noted on the City's list of possible street
names.
Terry Vani, representing Doric Development, 1141 Harbor Bay, spoke
in favor of the names listed in the resolution and noted the City's
list of possible street names is considered for residential areas.
Councilmember Camicia stated he would like to see the list reviewed
again to see if it can meet the needs of the development and at the
same time recognize the efforts of the Planning Board when the
original list was created.
Acting President Arnerich agreed with Councilmember Camicia and Don
Roberts; and commented people that have had a lasting affect on
Alameda should be honored.
Gerhard Degeman, 19 Sandpiper Place, requested that the name of Dr.
Alice Challen be added to the City's list of proposed street names.
Acting President Arnerich stated he believes Dr. Challen and other
notable people mentioned should be given top priority in the
Village V development.
Councilmember Withrow stated in residential areas Alamedans should
be honored with street names; in the business park, the business
environment should be reflected; and proposed Council stay with
Planning Board's recommendation and moved that "we [Council]
approve this list of names." (Motion failed for lack of a second)
Acting President Arnerich stated if Planning Board has recommended
the list, he finds no fault.
Councilmember Thomas stated she would like the Planning Board to
place at least a couple of names of members of the community on the
list; and made a motion this item be sent back to the Planning
Board. (Motion failed for lack of a second.)
Councilmember Camicia moved "that we [Council] do not approve this
list, and ask the Planning Board rehear this item and make another
list of suggestions to this body [Council] that we can act on."
Acting President Arnerich stated the Planning Board could keep some
of the names relating to the science industry, and also incorporate
names of some people who are outstanding individuals such as Alice
Challen and Mr. Nakayama.
Councilmember Thomas seconded the motion which was carried by
unanimous voice vote ® 4.
September 19, 1989
267
BILLS
89 -695 A List of Claims was presented to Council, certified by the
City Manager as correct, in the amount of $803,764.79.
Councilmember Withrow moved approval and Councilmember Camicia
seconded the motion which was carried by the following voice vote:
Ayes: Councilmembers Camicia, Withrow, and Acting President
Arnerich - 3. Noes: Councilmember Thomas - 1. Absent: Mayor
Corica - 1.
UNFINISHED BUSINESS
89 -696 - Councilmember Withrow discussed the restriction on alcohol
at Washington Park, Crown Beach and Jackson Park; suggested the
Council consider an ordinance banning alcohol at all City parks and
playgrounds.
Gerhard Degeman, 19 Sandpiper Place, commented he understood
drinking alcohol was not permitted on streets or sidewalks.
Police Captain Schmitz confirmed there is a ban on alcohol on
public streets and sidewalks; and the ordinance was adopted
because of problems on surrounding streets at Jackson Park, but was
not meant to be restrictive to persons working around their own
homes and yards.
The City Manager noted reference is being made to Ordinance No.
2003, N.S. effective April 4, 1980, codified as Article 5, Sec.
4 -251.
Councilmember Camicia moved that a staff report, and if
appropriate, an introductory ordinance, come back to Council on the
matter. Councilmember Withrow seconded the motion.
Council by consensus agreed to direct staff accordingly.
ADJOURNMENT
The meeting was adjourned by Acting President Arnerich at
approximately 9:05 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.
September 19, 1989