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1989-04-18 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA APRIL 18, 1989 The meeting convened at 7:40 p.m. (at the conclusion of the Closed Session, and the Community Improvement Commission meeting) 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, Monsef, Thomas, and President Corica - 5. Absent: None. 89 -270 President Corica announced that at Closed Session, Council, a) pursuant to Government Code Section 54956.9, discussed pending litigation; b) pursuant to Subsection (a) of the legal counsel section of the Brown Act, considered Workers' Compensation claims of: i) Clayton Dawson, ii) Nela Tausche, iii) Donald Spinola; and c) pursuant to Government Code Section 54957.6, considered the matter of 1082 Pension Improvement Committee recognition; and that no action was taken by the Council. MINUTES Councilmember Monsef made a motion to approve the minutes of the Regular Council Meetings of March 21, 1989, and April 4, 1989, and the Recessed Regular Council Meeting of April 5, 1989. Councilmember Arnerich seconded the motion and it was carried by unanimous voice vote - 5. SPECIAL ORDERS OF THE DAY 89 -271 Proclamation declaring April 29th and 30th as Pickle Family Circus Days in Alameda. President Corica read the procl- ation, concerning the Pickle Family Circus, a benefit promoted by the Rotary Club and the College of Alameda to generate funding for institutions of higher learning and funding for non - profit charities and community service organizations. Don Dowdell, President, Rotary Club of Al -, eda, accepted a framed copy of the proclamation on behalf of the Rotary Club; and Wylie Walthall, Interim Dean of Instruction, College of Alameda, accepted framed copies on behalf of the College of Alameda and the Pickle Family Circus. Councilman Arnerich moved that Items No. 12 ar.'l commendation, (89 -272, 89 -273) be taken Councilmember Camicia seconded the motion, which following voice vote: Ayes: Councilmembers Thomas and President Corica - 4. Noes: None Abstentions: Councilor er Monsef - 1. 13, resolutions of out of order. was carried by the erich, C icia, . Absent: None. 89 -272 Resolution No. 11697 "Co ending Hadi Monsef for his years April 18, 1989 1 of service to the City of Alameda as Councilmember and Vice - Mayor. Adopted. Councilmember Camicia made a motion to adopt the resolution. Councilmember Thomas seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Thomas and President Corica - 4. Noes: None. Absent: None. Abstentions: Councilmember Monsef - 1. President Corica read the resolution and presented a framed copy of the resolution and a plaque with a bronze seal of the City of Alameda to Councilmember Monsef. Councilmember Monsef expressed appreciation to Council, City Manager, Interim City Attorney, the City Clerk, and the staff; and further, thanked the Mayor, Council and citizens for supporting him during his tenure as Councilmember and Vice Mayor. 89 -273 Resolution No. 11698 "Commending Robert Lofstrand for his years of service to the City of Alameda as the City Auditor." Adopted. Councilmember Camicia made a motion to adopt the resolution. Councilmember Monsef seconded the motion which was carried by unanimous voice vote - 5. President Corica read the resolution and presented a framed copy of the resolution to Mr. Lofstrand. The Council recessed at 7:55 p.m., to allow retiring members of Council to step down, and permit a brief time for refreshments to be served to the public prior to the reorganization of Council. REORGANIZATION OF COUNCIL - 8:00 P.M. 89 -274 Installation of newly elected City Officials: (Oath of Office) A.J. "Lil" Arnerich - Councilmember William Withrow - Councilmember Kevin Harper - Auditor Lewis Hurwitz - Treasurer President Corica requested the City Clerk administer the Oath of Office to A.J. "Lil" Arnerich. The City Clerk administered the Oath and presented the Certificate of Election; and Councilman Arnerich was seated. President Corica requested the City Clerk administer the Oath of Office to William Withrow. April 18, 1989 The City Clerk administered the Oath and presented the Certificate of Election; and Councilmember Withrow was seated. President Corica requested the City Clerk administer the Oath of Office to Kevin Harper. The City Clerk administered the Oath and presented the Certificate of Election to Mr. Harper. President Corica requested the City Clerk administer the Oath of Office to Lewis Hurwitz. The City Clerk administered the Oath and presented the Certificate of Election to Mr. Hurwitz. President Corica stated the time is appropriate for comments the newly elected officials might wish to make. Councilman Arnerich introduced friends who were his campaign workers, introduced his family; urged residents of the City to work together as friends and neighbors, watching over children, and working against the drug and gang problems; requested citizens stand behind Council, and stated he will do his job to the best of his ability. Councilmember Withrow expressed appreciation for his campaign committee and citizens who expressed support, noted his commitment to justify the citizens' confidence in him; introduced his wife and children; commented he looks forward to working with Council toward solving problems and enhancing the lifestyle of the City of Alameda. Kevin Harper, Auditor, stated he is looking forward to assuming his new duties and working with City staff, Council and citizens toward making Alameda the best community possible. Lewis Hurwitz introduced his family, and stated he looks forward to the next few years, and introduced his family. President Corica stated Council is dedicated to improvement of life in the 'City of Alameda, and offered his congratulations to the new Councilmembers. Councilmember Camicia commented on the qualifications of the newly elected officials. 89 -275 Consideration of appointment of Vice - Mayor. Councilmember Camicia nominated Lil Arnerich as Vice Mayor. Councilmember Thomas seconded the motion, which was carried by unanimous voice vote - 5. April 18, 1989 1 ROLL CALL [New City Council] 89 -276 Present: Councilmember Arnerich, Camicia, Thomas, Withrow and President Corica - 5. Absent: None. CONSENT CALENDAR President Corica announced that Joy Johnson, Alameda, requested that Item No. 1 -E, ordinance regarding regulations concerning loitering at Housing Authority complexes, (89 -296) be removed from the Consent Calendar and placed on the regular agenda. Councilmember Thomas moved adoption of the Consent Calendar with the exception of the above - mentioned item. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. RESOLUTIONS *89 -277 Resolution No. 11699 "Authorizing execution of agreement with Pacific Gas and Electric Company for Gas Main Extension on North Loop Road, Assessment District 84 -4." Adopted. *89 -278 Resolution No. 11700 "Awarding contract to Andes Construction, Inc. for Alameda Marina Village Lift Station Improvements and Electrical Undergrounding, Assessment District 84 -3, No. P.W. 10- 88 -17." Adopted. *89 -279 Resolution No. 11701 "Authorizing filing of a Claim with the Metropolitan Transportation Commission and the Alameda County Board of Supervisors for allocation of Transportation Development Act and Alameda County Measure B funds for Fiscal Year 1989 -90." Adopted. *89 -280 Resolution No. 11702 "Authorizing filing a mid -year Claim revision with the Metropolitan Transportation Commission for Transportation Development Act Article 4.5 and Measure B funds for Fiscal Year 1988 -89." Adopted. FINAL PASSAGE OF ORDINANCES *89 -281 Ordinance No. 24291 N.S. "Amending the Alameda Municipal Code by adding Section 17 -583.1 thereof establishing thirty miles per hour prima facie limits." Adopted. BILLS *89 -282 A List of Claims, certified by the City Manager as correct, was approved in the sum of $800,598.61. RETURN TO REGULAR AGENDA Councilmember Withrow made a motion to take Item No. 14 (89 -283) a resolution of appointment to Board of Appeals out of order. April 18, 1989 Councilmember Thomas seconded the motion which was carried by unanimous voice vote - 5. 89 -283 Resolution No. 11703 "Appointing Donald D. Phillips as member of the Board of Appeals." Adopted. President. Corica noted Mr. Phillips is replacing John E. Stewart who moved out of town. The City Clerk administered the Oath of Office. President Corica noted Mr. Phillips's high qualifications for the position and expressed appreciation to Mr. Phillips. Mr. Phillips commented that he appreciated the opportunity to serve the City of Alameda. * * * * * * * * * Councilmember Camicia moved to take Item No. 17, resolution regarding application for grant program and construction of soccer field and four -acre park ( *89 -284), out of order. Councilmember Thomas seconded the motion. President Corica stated many speakers are present regarding the item, and he wished to make clear that the resolution does not address Godfrey Park, it addresses the four -acre park at Harbor Bay, and the Holly /Oleander site. The motion to take the matter out of order was carried by unanimous voice vote - 5. 89 -284 Resolution No. 11704 "Approving Application to the Local Grant Program under the East Bay Regional Park District Regional Open Space, Wildlife, Shoreline, and Parks Bond Ordinance, Phase I, for construction of a four -acre park (Tract 3810 - Village IV) and construction of an official Soccer Field at the three -acre site on the corner of Holly and Oleander." Adopted. * Written Communications: From Florence Garrett, Alameda, submitting petition in opposition to the proposed Class A Baseball Facility at Godfrey Park. From Ken & Dorothy All, Alameda, objecting to a Baseball Facility at Godfrey Park. * From Stephen H. Yamasaki, Alameda High School Coach, supporting a Class A Baseball Facility. * From Lori and Dave Nolthenius, Alameda, voicing support for upgrading Godfrey Park baseball field. * From Jim & June Ogden, Alameda, urging Council to support the proposed plan to upgrade Godfrey Park. April 18, 1989 Class A Baseball 1 Robert DeCelle, Bay Farm Island Improvement League, 276 Beach Road, stated the resolution has nothing to do with Godfrey Park. Frederick Leitz, Jr., Vice Chairman, Recreation Commission, stated that part of the second alternative for the Measure AA monies included the soccer field, combined with the improved facility at Godfrey Park. Following discussion, President Corica stated the resolution does not address Godfrey Park, but only addresses the four -acre park in Village IV and the three -acre site at the corner of Holly and Oleander. Councilmember Withrow moved that, the recommendation of the Recreation Commission for priorities 1 and 2, which includes a four -acre interior park, Tract 3810, and an official soccer field at the three -acre site at the corner of Holly and Oleander, be approved. Don Sherratt, 74 Basinside Way, Recreation Commission Member, stated, regarding the resolution, the City of Alameda has the means within the bond money for an opportunity to meet some needs of the community, and encouraged approval of the resolution. Evan Harrington, 3230 Fernside, stated everyone knew his dad, "Doc" Harrington loved soccer, his dad is gone now but would be happy the City is building soccer fields. Councilmember Thomas stated she will second the motion if Councilmember Withrow will consider an amendment that the Recreation Board consider naming the soccer field after Carroll "Doc" Harrington. Councilmember Withrow agreed. Councilmember Camicia suggested requesting the Recreation Commission hold further hearings regarding possible sites for baseball facilities. Councilmembers agreed. Councilman Arnerich commented it is possible a baseball facility could be considered at a site other than Godfrey Park by 1992, at the time of consideration of the use of the remainder of the money from Measure AA funds. The motion was carried by unanimous voice vote - 5. WRITTEN COMMUNICATIONS 89 -285 From Gregory Beattie, Alameda, regarding restrictions on the use of the Carnegie Building, and funding for improvements to the building. Gregory Beattie, 1023 Morton Street, noted his concerns regarding the restriction on the land upon which the library was built; and discussed Proposition 85 funds, the possible use of the Carnegie building as a library /museum; and offered assistance. April 18, 1989 President Corica stated the Interim City Attorney has been consulted and that according to a section of the Act to establish free and public libraries and reading rooms, valuable books and other items can qualify the building as a library /museum. Councilman Arnerich stated the building will be maintained as a historical building. Councilmember Camicia made a motion that the Historical Advisory Commission explore the potential uses for the building and report to Council. Councilmember Withrow seconded the motion and it was carried by unanimous voice vote - 5. David Plummer, 1401 High Street, discussed the seismic upgrade; stated the Linoaks Motel would probably not qualify for Prop 85 funds; and suggested applying for those funds which would probably be available to a library /museum, and the Library Board's /Committee's deferred maintenance fund of approximately $1,000,000, be used for the Carnegie Building. Councilmember Camicia clarified that the intent of his motion was for the Historical Advisory Commission to return with three recommendations that include types of uses, and how to fund those uses, and if that includes Prop 85, then all the better. Councilmember Camicia made a motion to accept the communication. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. HEARINGS 89 -286 Consideration of ordinance to amend the Alameda Municipal Code, Section 10 -248, by adopting the 1987 edition of the National Electrical Code. 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. The public portion of the hearing was closed. Councilmember Camicia moved the related ordinance be taken out of order. Councilmember Thomas seconded the motion, which was carried by unanimous voice vote - 5. 89 -287 Ordinance No. , N.S. "Amending the Alameda Municipal Code, Title X, Chapter 2, Electrical Code, Article 4 (in part) by substituting the following Section in its entirety: Section 10 -248, National Electrical Code." Introduced. April 18, 1989 143 Councilmember Camicia moved introduction of the ordinance. Councilmember Thomas requested status of hazardous materials ordinance, to which the Fire Chief replied the Uniform Fire Code addresses that issue and there will be a recommendation later this year for updating that Code, and there are a number of Alameda County regulations which also apply. Councilmember Thomas seconded the motion which was carried by unanimous voice vote - 5. 89 -288 Consideration of Fiscal Year 1989 -90 Statement of Community Development Objectives and Projected Use of CDBG Funds. President Corica announced the procedure of the hearing. The Community Development Director explained the background of the hearing. The public portion of the hearing was opened. On the call for proponents, the following persons spoke: Rev. Robert Keller, 1411 Oak Street, Winter Shelter Program, Twin Towers Methodist Church. Roderick Murray, 1911 Santa Clara Avenue #C, Twin Towers United Methodist Church. Martha M. Killebrew, 2017 Central Avenue, American Red Cross, Alameda. Ernest V. Lentonem, 1514 Pacific Avenue, Four Bridges Carlos Corona, 2121 Santa Clara Avenue, Four Bridges Cecile T. Weaver, 1912 Central Avenue, Four Bridges, CLC, BACS [ Councilmember Thomas inquired regarding the amount of the request for Four Bridges, to which Ms. Krutilek replied it is $9,750.] Virginia M. Krutilek, 921 Broadway, Alameda Homeless Network, Advisory Committee, Alameda Emergency Shelter. Thomas M. Boyd, 2614 Central Avenue, #F, Volunteer, Four Bridges. Gary Nelson, 1616 Moreland Drive, President, Alameda Boys Club. Ben Lopez, 2200 Central Avenue, United Pilipinos of Alameda Shelter Program Betty Kentzer, 1010 Taylor Avenue, Volunteer, Alameda Boys Club Jason Khari Bey, 1418 - 5th Street, Member, Alameda Boys Club Jerrod J. Archuleta, 1114 Willow Street, #A, Member, Alameda Boys Club Barry James Parker, 1622 Dayton Avenue, Alameda Boys Club Ann K. Boddoon, 5514 Taft Avenue, Four Bridges Larry K. Schulz, Four Bridges, Creative Living Center. Martin Cano, 1802 Telegraph Avenue, Echo Housing On the call for opponents there were none. The public portion of the hearing was closed. President Corica discussed the ECHO program with Mr. Cano. Council discussed, with the Community Development Director, the April 18, 1989 4 Housing Rehabilitation loans, funding for Four Bridges, McKinley Child Care Center status, and the possible use of non - expended funds at the end of the fiscal year. Council discussion also included discussion with Robert Glotch, Alameda Boys' Club, regarding the status and the timeframe of the Boys' Club's improvement project; and the possibility of reducing each line item by five percent toward funding of Four Bridges. Councilman Arnerich made a motion to transfer $39,250 from the McKinley Child Care and $17,750 from the contingency fund, to the Alameda Boys' Club. Councilmember Camicia seconded the motion, which was carried by unanimous voice vote - 5. Following further discussion, Councilman Arnerich made a motion to reduce the line items [under Public Services] by five percent, for funding Four Bridges; and reallocate funds at the end of the year if there is a balance. Councilmember Thomas seconded the motion which was carried by unanimous voice vote - 5. 89 -289 Resolution No. 11705 "Reprogramming Prior Years' Funds, adopting Fiscal Year 1989 -90 Statement of Community Development Objectives and Projected Use of CDBG Funds and authorizing execution of required Certifications and Grant Agreement." Adopted. Councilmember Thomas made a motion to adopt the resolution with two amendments. Councilmember Camicia seconded and the motion and it was carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS 89 -290 From Interim City Attorney responding to Council's request for opinion regarding interim ordinance on multiple family unit development in the 2600 block of Lincoln Avenue. Ed Murphy, 2618 Janis Circle, submitted letter requesting clarification of Council's policy concerning downzoning, and expressed his concern for people who purchase lots zoned for construction and then have problems when attempting to build. Patricia Haynes, 2612 Lincoln Avenue, requested Council pursue the moratorium. Bette Collins, 2609 Lincoln Avenue, urged Council to vote for an interim ordinance. John F. Stier, 3126 Gibbons Drive, stated he bought the property [2611 Lincoln Avenue] to improve it, thought about building a 750 sq. ft. unit; before escrow closed, he had decided against it, and intends to improve house with large deck which would discourage a second unit. Councilmember Camicia made a motion to table the issue, and if Mr. Stier decides to build something on the back of the lot, the matter can be brought back. Motion failed due to lack of a second. April 18, 1989 Councilman Arnerich stated the Council could be apprised if an application for building permit is submitted. Councilmember Thomas suggested, since the ordinance is not listed on the agenda, accepting the report. Councilmember Withrow so moved, and the motion was carried by unanimous voice vote - 5. President Corica stated the neighbors should also be informed of any permit activity regarding the property in question. 89 -291 From Acting Public Works Director, submitting additional information regarding determination of number of units at 2063 San Antonio Avenue. Written Communication: * From Donald and Lee Kirby, Alameda, regarding determination of number of units at 2063 San Antonio Avenue. Mr. Kirby, 3001 Santa Clara Avenue, stated he was present only to answer questions. Councilmember Thomas discussed the parking accommodations with Mr. Kirby. Mr. Kirby stated the parking requirement is for four spaces but he is willing to provide five. Councilmember Camicia moved the recommendation subject to parking plan approval for four units, subject to Design Review approval, and remind them [Design Review] that Mr. Kirby offered five spaces instead of the required four. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 89 -292 From Acting Public Works Director regarding proposed Phase I changes and implementation of AC Transit Comprehensive Service Plan. Councilmember Camicia moved Saturday, April 29, 1989, for the public 'workshop. Councilmember Thomas seconded the motion which was carried by unanimous voice vote - 5. Ed Clark, Webster Pharmacy, 1553 Webster Street, stated he objects to routing buses away from Webster Street. Debra King, AC Transit, 1600 Franklin Street, Oakland, gave a brief overview of Service Plan and stated Bus #63 is not being removed from Webster Street but will cover additional areas. 89 -293 From Community Development Director regarding Business Improvement Area Survey. Bernard Rony, 1431 Park Street, asked Council to reconsider requiring another survey. April 18, 1989 Bruce Conrad, 1717 Nason, President, Western Alameda Business Association, stated Webster merchants support the idea of an assessment district; the BIA would save UDAG funds. Ed Clark, 1553 Webster, submitted newsletter to Council from Rockridge area of Oakland, showing successful revitalization project through assessment district similar to BIA, and believes Alameda car`i"lbe successful also. Cheryl Heihn, 1333 Park Street, stated the BIA would enable the area to maintain a strong business association and attract strong new businesses, and urged the Council to enact the BIA concept now. Al Wright, Raintree Studios, 1205 Park Street, stated he would like businesses improved and requested Council support the BIA concept. Betty Bento, 1542 Park Street, stated she represents merchants on the petition she submitted previously, and favors the survey. Diane Coler -Dark, 2857 Jackson Street, Park Street Business Association, reviewed the background of the BIA project, and stated she does not think anything more will be learned from balloting than what is currently known, and momentum needs to be maintained. Peggy Williams, 3228 Garfield, stated she supports the previous speakers that are in support of the BIA and thinks a survey would only get ten percent response. James Selby, 1546 Park Street, Park Street Business Association, stated any vote taken will not provide better information than that already collected but would create a lengthy delay; and based on needs of the community, urged Council establish a BIA. Bruce Reeves, 2117 San Antonio, stated he is very much in favor of the BIA; this is a promotion that is going to benefit the City not just the businesses. Felix Seidler, 2527 Santa Clara, stated BIA benefits not only the businesses but the entire community, and UDAG funding will not be required. Councilmember Thomas stated there must be a procedure given so that everyone can have the opportunity to be heard. Discussion among Council followed concerning a survey, a possible mail vote, procedures for possible surveys, and timeframe involved. Councilmember Camicia suggested holding meetings in two places as suggested, and keeping the process in place. Councilman Arnerich stated he has found by talking to many business persons that at least 75% or more are in support of the BIA; and believes it is important to take a stand on the matter. President Corica stated he does not feel comfortable in not making all the businesses aware and giving them an opportunity to vote. April 18, 1989 Councilmember Withrow moved that the ordinance be returned to the Council in two weeks, for Council to either approve or disapprove the BIA. Councilmember Camicia seconded the motion. Councilmember Withrow clarified that the motion, by implication, votes against the survey. The motion was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, and Withrow - 3. Noes: Councilmember Thomas and President Corica - 2. Absent: None. RESOLUTIONS 89 -294 Resolution No. 11705 "Supporting Station Franchises, Assembly Bill 2197." Independent President Corica stated the Bill deserves Council's Councilman Arnerich agreed. Service support. Councilmember Camicia made a motion to adopt the resolution. Councilman Arnerich seconded the motion and it was carried by unanimous voice vote - 5. 89 -295 Resolution No. 11707 "Amending the 1988 -89 Operating Budget for the Office of City Attorney." Adopted. Councilmember Camicia made a motion to adopt the resolution. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. FINAL PASSAGE OF ORDINANCES 89 -296 Ordinance No. 2430, N.S. "Amending the Alameda Municipal Code by adding sections providing for the regulation of trespassing upon, and loitering about, Housing Authority complexes." Joy Johnson, 1865 St. Charles, stated she is opposed to the ordinance as she believes the tenants will be harassed, even though it is for people who are trespassing. President Corica stated he believes the ordinance will make the Housing Authority a safer place. Councilman Arnerich stated the intent is to keep people away who could be a problem; and he has been looking at this as a protective device for the people who live at the project. The City Manager noted there is an existing loitering ordinance for the rest of Alameda and this will give the same rights to the police to go on Housing Authority property that they already have on the streets. Councilmember Camicia stated complaints come from people who live at the Housing Authority and are concerned about the drug problem and what goes on at the Housing Authority and made a motion to April 18, 1989 1 introduce the ordinance. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. NEW BUSINESS 89 -297 Councilmember Camicia inquired about the procedure for creating Council policy. 89 -298 Councilmember Camicia requested a resolution supporting AB 1716. 89 -299 Councilmember Camicia requested that an appointment to the County Solid Waste Management Authority be made soon. 89 -300 Councilmember Camicia requested a report on the feasiblity of action minutes. 89 -301 Councilman Arnerich requested a staff report on the possibility of parking meters being installed in lower Washington Park parking area. 89 -302 Councilmember Thomas requested the Interim City Attorney report to Council whether there is a provision in the lease with East Bay Regional Park District which would allow the City to terminate it; if not, the City should get additional concessions. 89 -303 Councilmember Thomas requested a report on reviewing procedures for the Police Department. ORAL COMMUNICATIONS, GENERAL 89 -304 John Scott Graham, 1728 Tregloan Court, expressed his preference for a Class A baseball field site. 89 -305 Fred Scullin, 1120 Chestnut Street, stated the Strategic Planning Transportation Committee did not approve a Cross Airport Roadway. 89 -306 Ed Murphy, 2618 Janis Circle, stated he hopes Council will inform property owners what Council policies are, and how much sway the majority of residents on a block have, when determining the downzoning of that particular block. ADJOURNMENT President Corica adjourned the meeting at 12:55 p.m. Respectfully submitted, Dia B. Felsch, CMC City Clerk The agenda for this meeting was posted 72 hours in advance in accordance with the Brown Act. April 18, 1989