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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