1989-08-15 Regular CC Minutes2
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY AUGUST 15, 1989
The meeting convened at 7:30 p.m. (at the conclusion of a Closed
Session and a Community Improvement Commission Meeting) with
President Corica presiding. The Pledge of Allegiance was led by
Councilman Arnerich. President Corica gave the invocation.
President Corica announced Council did not go into Closed Session
this evening and entertained a motion to convene the Closed Session
directly following Agenda Item No. 15, as Item No. 15.5. (Note
announcement following 89-595, and paragraphs 89-605 - 89-608).
Councilmember Withrow so moved, Councilmember Camicia seconded, and
the motion was carried by unanimous voice vote - 5.
ROLL CALL - Present: Councilmembers Arnerich, Camicia, Thomas,
Withrow, and President Corica - 5.
Absent: None.
MINUTES
Councilman Arnerich made a motion to approve the minutes of the
Regular Council Meeting of August 1, 1989. Councilmember Withrow
seconded the motion which was carried by unanimous voice vote - 5.
Announcement by Mayor of Closed Session action(s), if any.
President Corica commented this is a new agenda item for
announcement by the Mayor of Closed Session action; and for this
particular meeting, the announcement will follow Agenda Item No.
15.
CONSENT CALENDAR
Councilmember Withrow made a motion to approve the Consent
Calendar; Councilman Arnerich seconded the motion which was
carried by unanimous voice vote - 5.
Items so enacted or adopted are indicated by an asterisk.
RESOLUTIONS
*89-578 Resolution No. 11798 "Authorizing open market purchase of
an ambulance for the Fire Department." Adopted.
*89-579 Resolution No. 11799 "Authorizing execution of
modification of License Agreement with Alameda-Contra Costa Transit
District for the installation and maintenance of a bus stop shelter
on the south side of Santa Clara Avenue immediately west of Bay
Street." Adopted.
*89-580 Resolution No. 11800 "Adopting Plans and Specifications
and calling for bids for traffic signalization and other
improvements at Sherman Street and Buena Vista Avenue, Assessment
District 84-3, No. P.W. 12-88-22, and directing City Clerk to
August 15, 1989
2
advertise same." Adopted.
*89 -581 Resolution No. 11801 "Adopting Plans and Specifications
and calling for bids for Bayview Estates Shoreline Enhancement, No.
P.W. 8- 88 -12, and directing City Clerk to advertise same."
Adopted.
* * * * * * * **
WRITTEN COMMUNICATIONS
89 -582 From City Treasurer endorsing Council's action to rescind
Finance Committee's decision regarding "ex officio" members.
Councilmember Withrow moved "acceptance of the correspondence."
Councilman Arnerich seconded the motion which was carried by
unanimous voice vote - 5.
REPORTS AND RECOMMENDATIONS
89 -583 From City Manager updating Administrative Instruction No. 6
for Legislative Program.
President Corica entertained a motion to "accept the report and
recommendation."
Councilmember Withrow stated he "so moved." Councilman Arnerich
seconded the motion which was carried by unanimous voice vote - 5.
89 -584 From Assistant City Manager regarding membership in the
National Association of Telecommunications Officers and Advisors.
Councilman Arnerich requested that the Assistant City Manager keep
Council informed regarding which members of the Cable Television
Oversight Committee attend the conference [September 8 -11, in
Arizona].
Councilmember Withrow moved "that the Council authorize membership
in the NATOA, and attendance at the noted conference." Councilman
Arnerich seconded the motion, which carried by unanimous voice vote
- 5.
89 -585 From City Attorney submitting legal opinion on agenda
category of Bills.
Following discussion, Councilmember Camicia moved that the staff
and City Auditor report back to Council on the matter, e.g.,
adequate controls. Councilmember Thomas seconded the motion which
was carried by unanimous voice vote - 5.
89 -586 From City Attorney on the retention of outside counsel on
KQED bond financing.
Councilmember Withrow moved "authorization that the City Attorney
retain Jones, Hall, Hill & White to represent the City in the
issuance of the revenue bonds." Councilman Arnerich seconded the
motion.
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2
Following discussion, Councilmember Thomas stated "I will abstain
until I see the Preliminary Agreement [with KQED]." Councilmember
Camicia stated he would abstain "for the reasons [because he is an
employee of KQED] previously stated [at the last Council Meeting].
The motion was carried by the following voice vote: Ayes:
Councilmembers Arnerich, Withrow and President Corica 3. Noes:
None. Absent: None. Abstentions: Councilmembers Camicia and
Thomas - 2.
89-587 From Recreation and Parks Director regarding authorization
to develop a Request for Proposal to drill and construct a new well
on the Earl Fry Golf Course.
Councilmember Withrow moved "that we [Council] authorize the staff
to proceed with the development of a request for proposal to drill
and construct a well on the Earl Fry Golf Course." Councilmember
Camicia seconded the motion which was carried by unanimous voice
vote - 5.
89-588 From Public Works Director regarding acceptance of lagoons,
Harbor Bay Isle Village I - IV.
Upon consensus of Council, the report and recommendation was
accepted by Council by unanimous voice vote - 5.
89-589 From Public Works Director regarding report recommending
against request for an all-stop installation at the intersection of
Eighth Street and Taylor Avenue.
Councilmember Camicia stated he would "move the recommendation."
Councilman Arnerich seconded the motion which was carried by
unanimous voice vote - 5.
RESOLUTIONS
89-590 Resolution No. 11802 "Adopting Plans and Specifications and
authorizing the Public Works Director to negotiate in the open
market for construction of Portola Triangle Demonstration Garden,
No. P.W. 7-89-11." Adopted.
Councilmember Camicia stated he would "move the recommendation."
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 5.
89-591 Resolution No. 11803 "Approving Final Map of Subdivision
known as Tract 6096 and accepting certain easements and rights of
access (Alameda Marina Village Pacific Marina)." Adopted,
Councilmember Camicia moved adoption. Councilmember Withrow
seconded the motion which was carried by unanimous voice vote - 5.
89-592 Resolution No. 11804 "Authorizing execution of agreement
for construction and completion of improvements in connection with
Subdivision 6096 and approving bonds as to sufficiency (Alameda
Marina Village Pacific Marina)." Adopted.
August 15, 1989
Councilmember Camicia moved adoption. Councilman Arnerich seconded
the motion which carried by unanimous voice vote - 5.
89 -593 Resolution No. 11805 "Amending the Management and
Confidential Employee Salary Resolution by establishing the salary
for the position of City Attorney." Adopted.
Councilmember Withrow moved adoption. Councilmember Thomas
seconded the motion which carried by unanimous voice vote - 5.
INTRODUCTION OF ORDINANCES
89 -594 Ordinance No. "Amending Alameda Municipal Code to
prohibit parking at various times and locations to facilitate
street sweeping." Introduced.
Councilmember Camicia stated he would move introduction.
Councilmember Withrow seconded the motion which carried by
unanimous voice vote - 5.
FINAL PASSAGE OF ORDINANCES
89 -595 Ordinance No. 2446, N.S. "Amending the Alameda Municipal
Code by adding Section 17 -353 of Chapter 3 of Title XVII thereof,
relating to overnight and extended parking of recreational
vehicles." Adopted.
The following persons addressed Council regarding the matter.
Louis Schmitz, Jr., 1850 Central Avenue.
Linda Soulages, 2846 Van Buren.
Donna Fletcher, 112 Centre Court.
Diane Lawson, 452 Centre Court.
Bill Kane, President, Board of Directors, Bayview Estates
Homeowners Association.
Councilmember Thomas stated she would like consideration of height
limitations on vehicles which obstruct vision at corners.
Discussion followed during which Councilman Arnerich noted
Ordinance No. 2375 [Sec. 11 -14C7] should be amended to allow
parking of vehicles in driveways.
Councilman Arnerich moved adoption of the ordinance, and "that it
[the ordinance] not be effective for ninety days, to allow staff to
prepare an amendment to the Alameda Municipal Code [Sec. 11 -14C7]
to allow parking of these [recreational] vehicles in their [the
owners'] driveways in their [the owners'] front yards," and
clarified that he was referring to parking in driveways.
The City Manager noted the Planning Board would need to address the
issue.
Councilmember Withrow seconded the motion which was carried by the
following voice vote: Ayes: Councilmembers Arnerich, Camicia, and
August 15, 1989
Withrow - 3. Noes: Councilmember Thomas and President Corica - 2.
Absent: None.
Councilmember Withrow suggested Closed Session be held until after
Agenda Item No. 17, Bills [the last item on the Regular Agenda].
UNFINISHED BUSINESS
89 -596 The Mayor announced the following persons were appointed to
the Solid Waste Management /Recycling Committee:
Jim Kennedy, Chamber of Commerce /Board of Realtors.
Doug Linney, Garbage Without Guilt.
Cal Santare, Senior Citizen.
Barbara Evans, Recycling Industry.
Don Roberts, Citizen at large.
Cheryl Mitchell, Staff.
Councilmember Thomas suggested the new Resource Recovery
Coordinator of the Solid Waste Authority be the first access point
for information.
NEW BUSINESS
89 -597 Councilmember Camicia requested staff restructure and expand
the summer job program idea; rather than a summer job program,
perhaps proceed on an on -going basis; suggested Councilmembers
make personal visits to the businesses.
President Corica stated Council should be provided information to
make calls, and staff should not call businesses before Council
contacts are made.
89 -598 Councilmember Withrow requested flashing yellow lights near
Lincoln School on Fernside.
89 -599 Councilmember Withrow requested the matter to restrict
parking on corners by painting the curbs red be placed on the
September 5th Council meeting agenda.
89 -600 Councilmember Thomas requested consideration of flashing
yellow lights at all of the schools that meet established criteria.
President Corica suggested consideration of flashing yellow lights
at all of the schools, and an attempt to get the School District
involved.
Councilman Arnerich suggested the Bureau of Electricity could waive
some fees used in placing the flashing yellow lights.
89 -601 Councilmember Thomas requested a report on nepotism which
takes into consideration meet and confer, working conditions, and
promotional opportunities. Thomas stated there are a number of
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issues she would like addressed such as work shifts, shared
positions and flex hours. She added that Council needs guidance on
which matters should be discussed in meet and confer, although she
would like them considered in open session. Thomas stated that the
report on nepotism should be addressed first.
89-602 Consideration of nomination for appointment to the Cable
Television Oversight Committee (School District representative).
President Corica nominated William C. Garvine for appointment as
member [School District representative] of Cable Television
Oversight Committee. Councilmember Withrow moved the nomination
and Councilmember Camicia seconded. The nomination was approved by
unanimous voice vote - 5.
89-603 Councilman Arnerich stated he would like a report on the
City's emergency operations procedure; and how the public,
particularly senior citizens, can be made aware of the disaster
program.
BILLS
89-604 A List of Claims was presented to Council, certified by the
City Manager as correct, in the amount of $2,541,445.15.
Councilmember Withrow moved approval, and 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.
ADJOURNMENT TO CLOSED SESSION
89-605 President Corica announced Council would adjourn to Closed
Session to consider the following:
a) Sebago v. City of Alameda, pursuant to subsection (a) of
the legal counsel section of the Brown Act.
b) 1082 Pension Improvement Committee, pursuant to subsection
(a) of the Government Code Section 54957.6 of the Brown
Act.
c) Wilcox v. City of Alameda, pursuant to subsection (a) of
the legal counsel section of the Brown Act.
The meeting was adjourned to Closed Session at 9:44 p.m. with all
Councilmembers in attencance.
* * * * * * * * *
The meeting was reconvened by the Mayor at 11:03 p.m. in the
Council Chamber; Council noted, for the record, that Councilmember
Thomas was not in attendance at the reconvened meeting.
* * * * * * * * * * *
August 15, 1989
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President Corica announced the following action was taken:
89-606 Regarding Sebago v. City of Alameda, Council directed the
City Attorney to draft a letter to the Supreme Court to oppose the
petition for review.
89-607 Regarding the 1082 Pension Improvement Committee, Council
set a date for further discussion.
89-608 Regarding Wilcox v. City of Alameda, Council authorized a
settlement offer.
ADJOURNMENT OF RECONVENED MEETING
The reconvened meeting was adjourned at 11:06 p.m.
Respectfully submitted,
DIANE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance, in
accordance with the Brown Act.
August 15, 1989