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1989-07-18 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY JULY 18, 1989 The meeting convened at 7:45 p.m. (at the conclusion of the Closed Session, and the Meeting of the Community Improvement Commission) with President Corica presiding. The Pledge of Allegiance was led by Councilmember Withrow. Reverend Doug Henderson gave the invocation. ROLL CALL: Present: Councilmembers Arnerich, Camicia, Thomas, Withrow and President Corica - 5. Absent: None. MINUTES Councilmember Camicia stated he would like to clarify that he abstained regarding the revenue bonds matter reflected in the July 5, 1989, minutes (See 89-491, 89-492), because he is an employee of KQED. Councilmember Withrow moved approval of the minutes of the Regular Council Meeting of July 5, 1989, and Special Council Meeting of June 29, 1989. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. CLOSED SESSION 89-512 Adjournment to Closed Session to consider: a) Worker's Compensation Claim of Diana Brittenham, Police Technician, pursuant to Subsection (a) of the legal counsel section of the Brown Act. b) Guyton v. City of Alameda, pursuant to Government Code Section 54956.9. President Corica announced that at the Closed Session, relative to Guyton v. City of Alameda, Council authorized a request to the Court for a 120 day extension to December 2, 1989, for adoption of the Housing Element pursuant to the current Court order; and the Court is being requested to exempt the Independence Plaza senior citizens complex. President Corica who then expressed Gerhard Degemann, Attorney. CONSENT CALENDAR introduced the new City Attorney, Carol Korade, her appreciation to Council. 19 Sandpiper Place, welcomed the new City Councilmember Thomas stated she would be voting "No" on Item. No. 1-J Bills, (See 89-521) and requested that the Bills no longer appear on the Consent Calendar, but rather, appear on the Regular Council Meeting Agenda. July 18, 1989 President Corica requested "a motion to approve with that exception." Councilmember Withrow stated "so moved." Councilman Arnerich seconded the motion. Councilmember Camicia stated he would be abstaining from Item 1 -G, ordinance regarding revenue bonds, [89 -518] because he is an employee of KQED. President Corica requested "a motion with those two exceptions." Councilmember Withrow moved accordingly. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. REPORTS AND RECOMMENDATIONS *89 -513 From Public Works Director recommending acceptance of the work by M. F. Maher, Inc. for the repair of Portland Cement Concrete Sidewalk, Curb, Gutter and Driveway, No. P.W. 2 -88 -4. Approved. *89 -514 From Public Works Director recommending acceptance of the work by J & L Paving & Sealcoating, Inc. for minor street patching with asphalt concrete, Fiscal Year 1987 -88 and Fiscal Year 1988 -89, No. P. W. 7- 87 -17. Approved. *89 -515 From Public Works Director recommending acceptance of the improvements and release of bond for Parcel Map 5328* (888 Oak Street). Approved. RESOLUTIONS *89-516 Resolution No. 11769 "Rejecting one bid received as incomplete and authorizing negotiating in the open market for replacement of various tide control gates at Bayview and Willow Street weir structures pursuant to Section 3 -15 of the City Charter, P.W. 9- 88 -13." Adopted. *89 -517 Resolution No. 11770 "Establishing guidelines for reimbursement of travel and other related expenses in connection with the conduct of City business." Adopted. FINAL PASSAGE OF ORDINANCES *89 -518 Ordinance No. 2442, 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." Adopted. (One Abstention: Councilmember Camicia) *89 -519 Ordinance No. 2443, N.S. "Approving, authorizing and directing execution of certain lease financing documents, approving the form and authorizing the distribution of a preliminary official * Staff report and other previous documents erroneously reflected PM 5382. July 18, 1989 219 statement, approving the form and authorizing executino of a purchase agreement, and authorizing and directing certain actions with respect thereto." Adopted. *89 -520 Resolution No. 2444, 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." Adopted. BILLS *89 -521 A List of Claims, certified by the City Manager to be correct, was approved in the amount of $887,144.75. (Noes: Councilmember Thomas - 1.) FILING *89 -522 Affidavit of City Manager and Chief of Police, pursuant to Secton 17 -11 of the City Charter of the City of Alameda, was approved for filing. RETURN TO REGULAR AGENDA President Corica inquired if someone would like to take Resolutions regarding Board and Commission appointments and commendation of Interim City Attorney (See *89 -523 through *89 -532) out of order. Councilmember Camicia "so moved [agenda items] 6 through 15." Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 89 -523 Resolution No. 11771 "Reappointing Linda I. Pritchard as a member of the Planning Board." Adopted. Councilmember Camicia made a motion to adopt the resolution. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office. 89 -524 Resolution No. 11772 "Reappointing Robert G. Guthrie as a member of the Civil Service Board." Adopted. Councilmember Camicia made a motion to adopt the resolution. Councilmember Thomas seconded the motion which was carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office. 89 -525 Resolution No. 11773 "Reappointing Charles A. Tillman as a member of the Housing Commission." Adopted. Councilmember Thomas made a motion to adopt the resolution. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office. 89 -526 Resolution No. 11774 "Appointing Chet Broadley as a member July 18, 1989 220 of the Housing Commission. (Senior Tenant)" Adopted. Councilmember Camicia made a motion to adopt the resolution. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office. 89-527 Resolution No. 11775 "Reappointing Lucy L. Brohard as a member of the Library Board." Adopted. Councilmember Camicia made a motion to adopt the resolution. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. Ms. Brohard was not present to take the Oath of Office. 89-528 Resolution No. of the Library Board." Councilmember Camicia Councilmember Withrow unanimous voice vote - 11776 "Appointing Theony Condos as a member Adopted. made a motion to adopt the resolution. seconded the motion which was carried by 5. The City Clerk administered the Oath of Office. 89-529 Resolution No. 11777 "Reappointing Marjorie Rose as a member of the Social Service Human Relations Board." Adopted. Councilmember Camicia made a motion to adopt the resolution. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office. 89-530 Resolution No. 11778 "Appointing Anthony DeSimone as a member of the Social Service Human Relations Board." Adopted. Councilmember Withrow made a notion to adopt Councilmember Thomas seconded the motion which unanimous voice vote - 5. the resolution. was carried by The City Clerk administered the Oath of Office. 89-531 Resolution No. 11779 "Appointing Matthew Duncan as a member of the Social Service Human Relations Board." Adopted. Councilmember Camicia made a motion to adopt the Councilmember Withrow seconded the motion which was unanimous voice vote - 5. resolution. carried by The City Clerk administered the Oath of Office. 89-532 Resolution No. 11780 "Commending Bruce Quan for his services as Interim City Attorney." Adopted. Councilmember Camicia made a motion to adopt the resolution. July 18, 1989 Councilmember Withrow seconded the motion which was unanimous voice vote - 5. Mayor Corica read and presented Mr. Quan. Mr. Quan expressed appreciation for the opportunity City of Alameda. a framed copy of the 2‘11 carried by resolution to to serve the HEARINGS 89 -533 Consideration of approval of Engineer's Report, confirming Diagram and Assessment and ordering levy of Assessments including annexation of additional properties in Zone 5, Island City Landscaping & Lighting District 84 -2. President Corica explained the procedure of the hearing. The Acting Public Works Director reviewed 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 Withrow moved "that we [Council] approve the resolution." Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. 89 -534 Resolution No. 11781 "Approving Engineer's Report, confirming Diagram and Assessment and ordering Levy of Assessments including annexation of additional properties in Zone 5, Island City Landscaping & Lighting District 84 -2." Adopted. Councilmember Camicia moved adoption. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS 89 -535 From Personnel Director regarding evaluation of appointed officials. Councilmember Withrow moved "that the Council authorize the development of a draft appraisal for Council review that would incorporate some of the factors that are included in the Walnut Creek and Sunnyvale evaluation systems, but incorporate the basic thrust of the federal government process with the following additions: that the process be in fact an opportunity for constructive communication and guidance; that the process be broad enough in scope and rich enough in content, such that there is no impression conveyed of a single grade that a person either get an A, a B, a C, a D, but talk in terms of the whole responsibility; that the process include a progress report on the goals and July 18, 1989 objectives that have been assigned by the City Council, the goals and objectives which are detached items; that the process include a progress report with respect to the strategic plan in the strategic planning process; and further, with respect to the City Manager, and to some extent for the City Attorney and the City Clerk, but especially the City Manager, that the evaluation process incorporate an explicit evaluation of each of the departments, not individuals, but each of the departments, that report to him or her to further enhance the communication process from the Council and to officially recognize the full scope and depth of his authority, his responsibility, in the things that he is accountable to us for, all of these factors that are associated with that position." Councilmember Camicia seconded the motion. James Thompson, 2842 Jackson, addressed Council regarding the matter. Councilmember Thomas stated "I think that all efforts should be made to keep these three positions [City Manager, City Attorney, City Clerk] non - political, and I would like to see that written into the evaluation categories and weighted very heavily -- at 51 %." Councilmember Withrow moved "that the Director of Personnel provide a draft for this Council to review that would incorporate her recommendations as submitted, the use of OPM [United States Office of Personnel Management] plus the criteria taken from Walnut Creek and Sunnyvale, etc., but that the recommendation be modified to include specifically the comments that Councilmember Thomas brought up that would evaluate the sensitive political interface of the three positions, that the process be constructive from the standpoint of communications and guidance, broad in scope, in content, focused almost entirely upon goals and objectives, including the strategic plan and the strategic planning process and that the City Manager's evaluation include specifically an evaluation of each of the departments that report to him. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. 89 -536 From Public Works Director submitting a status report on Transportation Systems Management proposed ordinance. Following discussion, Councilmember Withrow moved to "accept correspondence." Councilmember Camicia seconded the motion which carried by unanimous voice vote - 5. 89 -537 From Planning Director regarding memorial for Arthur Whitehair. Councilman Arnerich moved "that Council accept the recommendation of the Planning Board approving the dedication of a grove of trees at Neptune Park, and also having a second [approval] by the Recreation and Parks Commission." Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. July 18, 1989 RESOLUTIONS 89 -538 Resolution No. 11782 "Amending Resolution No. 11762, which adopted the Operating, Capital Improvement, and Gas Tax Budgets for Fiscal Year 1989 -90 to include enhanced levels of service in the amount of $223,881." Adopted. Councilmember Camicia moved adoption of the resolution. Councilmember Withrow seconded the motion. Following discussion, and President Corica's suggestion to put the used [Public Works] truck into service until large fines have been received to a total of $80,000., at which time a new truck can be purchased, Councilmember Thomas moved "adoption of resolution [agenda item number) 17, with the addition that, if we give $80,000 in tickets at least, that we get the new truck." The motion failed for lack of a second. Following discussion, Councilmember Camicia amended his motion "to include a three -month report [regarding the condition /performance of the truck which is to be used for the Police Department.]" Councilmember Withrow amended his second. The motion was carried by unanimous voice vote - 5. 89 -539 Resolution No. "Approving the Final Alameda County Hazardous Waste Management Plan dated March 23, 1989." Tabled. James Thompson, 2842 Jackson, addressed Council regarding the matter. Councilmember Thomas requested the matter be tabled to the next Council meeting, as the comments made by the City of Berkeley [letter dated July 14, 1989] are not very substantive and are being addressed at the [County Waste Management Authority] meeting. The City Manager suggested that if there is a concern, that the resolution not be approved tonight, "but that we [staff] get back to the County tomorrow" and "if there is a problem, we would have to call a special meeting on the 27th to comply with their requests." Councilmember Withrow "so moved." Councilmember Camicia seconded the motion, which was carried by unanimous voice vote - 5. 89 -540 Resolution No. 11783 "Authorizing a General Fund loan to the Community Improvement Commission for Fiscal Year 1989 - 1990." Adopted. Councilmember Withrow moved "acceptance." Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. 89 -541 Resolution No. 11784 "Establishing waste reduction goals and endorsing a comprehensive solid waste reduction strategy." Adopted. The following persons spoke on the issue: George Henebury, 6565 Smith Avenue, Newark. Doug Linney, 617 Baywood Road. Ellen Paisal, 1324 Grove Street. Bonnie Conner, 163 Sea Bridge. Douglas Donaldson, 116 Gainsborough Court. Daniel Daily, 955 Shorepoint Court, No. 315. Dorothy Boynton, 2226 1/2 Buena Vista Avenue. Juana Samayoa, 1523 Mozart Street. Councilmember Withrow moved "that Council adopt the resolution establishing waste reduction goals and endorsing a comprehensive solid waste reduction strategy, including a 25% goal, and the establishment of a 7- member citizen Solid Waste Management and Recycling Committee." Councilmember Camicia seconded the motion. Following discussion, Councilmember Withrow amended his motion "that we [Council) add a senior citizen to the committee, that the Lantern Bay No. 4 slot be modified to someone representing a homeowners' association, and that the Mayor make the nominations for each of the seven members of the committee," and added partial clarification of the motion "combining Chamber of Commerce with the Board of Realtors, for a business representative; modifying No. 4., Lantern Bay, to represent a homeowners' association wherever it may be within the City, and No. 3, modifying it to have the Mayor make the nomination of each of the members of the committee." The motion was carried by unanimous voice vote - 5. 89 -542 Resolution No. 11785 "Authorizing modification of agreement between City of Alameda and William C. Norton extending move to October 1, 1989." Adopted. Councilmember Camicia moved adoption with "one brief change. After the third 'Whereas' where it says, 'Mr. Norton should move to the City of Alameda' to 'October 1, 1989 ;' I'd like to add one more sentence there that says 'with an option for an additional six months.'" The motion failed for lack of a second. Following discussion, Councilmember Withrow moved "we [Council) approve the resolution. Adopt the resolution." Councilmember Camicia seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Withrow and President Corica - 4. Noes: Councilmember Thomas - 1. Absent: None. INTRODUCTION OF ORDINANCES 89 -543 Ordinance No. , N.S. "Establishing Affordable Housing Unit /Fee requirements for new and expanded development and establishing interim procedures therefor." Introduced. The following persons addressed Council regarding the matter. Ed Murphy, 2618 Janis Circle. Helen Dodt, 1723 Chapin Street. July 18, 1989 225 Catherine Pye, 2121 San Jose. Diane Coler -Dark, 2857 Jackson Street. John Scott Graham, 1728 Tregloan Court. Councilmember Thomas stated she cannot support expansion of any more low income (housing] in the West End of town. Following discussion, Councilmember Withrow moved "the staff recommendation (that staff solicit proposals for the preparation of the AB 1600 study and work with the AB 1600 specialist and the City Attorney to draft an affordable housing ordinance] be accommodated." Councilmember Camicia seconded the motion which 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 -544 Consideration of two nominations for appointment to the Cable Oversight Committee. President Corica nominated Robert Wonder and Wayne Milani for reappointment to the Cable Oversight Committee. Councilmember Withrow seconded the nomination which was approved by unanimous voice vote - 5. 89 -545 Consideration of nomination for appointment to the Social Service Human Relations Board. President Corica nominated Phyllis Marshall for reappointment to the Social Service Human Relations Board. Councilmember Withrow seconded the nomination which was approved by unanimous voice vote - 5. 89 -546 Councilmember Camicia stated he would like to see if the City could become a member of an organization that is known as NATOA, National Association of Telecommunications Officers and Administrators, a branch of the National League of Cities; it has an annual conference in September, and he believes the Cable Television Oversight Committee should attend. President Corica requested a report and recommendation be brought back to Council. ORAL COMMUNICATIONS 89 -547 Gerhard Degemann, 19 Sandpiper Place, addressed Council on the subject of coverage of the Mayor's Fourth of July Parade. ADJOURNMENT The meeting was adjourned at 10:20 p.m. 898 -548 The meeting was reconvened at 10:25 p.m., to discuss the matter of the Bills (See *89 -521). It was concluded the Bills had not been voted on and a motion was entertained. Councilmember Withrow moved approval of the Bills, which carried by unanimous voice vote - 4. [ Councilmember Thomas was not present] July 18, 1989 [Note: The attached memorandum (made a part of the record hereof) from the City Attorney, dated July 31, 1989, indicates that the action taken under Paragraph 89 -548 is null and void.] 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. To. Diane Felsch, City Clerk, Honorable Mayor and Members of the Council From; Carol Korade City Attorney July 31, 1989 Re: Request for Correction Pursuant to Government Code Section 54960.1 r[gan0 JUL 311989 City Clerk's Office At the City Council meeting of July 18, 1989, there was discussion on Agenda Item No, 1 -J pertaining to bills. Councilmember Thomas indicated that she would be voting "no" on Agenda Item No, 1 -J, Bills and that the bills are to be put on the regular agenda in the future. Subsequently, the City Council approved the Consent Calendar which included approval of Item No. 1 -J, Bills, At the end of the City Council meeting, a question was raised about the bills. The Council meeting was reconvened in order to discuss the bills and a vote was taken. Since the bills were already voted on under the Consent Calendar item, this vote is null and void. Government Code Section 54960.1 provides a'mechanism for curing actions that may have violated the Brown Act. The City Council should declare that the adjourned meeting is null and void and that the vote on the bills occurred during the regular meeting. This should be done in the action approving the minutes of the July 18, 1989 City Council meeting. In the future, meetings should not be,reconvened without complying with all notice requirements. Adjourned meetings must follow the procedure specified in Government Code Section 54955 and continued hearings must follow the procedure set forth in Section 54955.1. The reconvening of a meeting could constitute a special meeting under Government Code Section 54956 and would require 24 hours notice that is delivered personally or by mail. Please contact me if you have any questions or require any additional information. CK /gm City Attorney July 18, 1989