1989-09-05 MinutesSPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
SEPTEMBER 5, 1989
The meeting convened at 6:50 p.m. with President Corica
presiding.
ROLL CALL
Present: Councilmembers Arnerich, Camicia, Thomas, Withrow,
and President Corica - 5.
[Councilmember Thomas took her seat at 7:00 p.m.]
Absent: None.
89-612 President Corica adjourned the meeting to a Closed Session
to consider:
a) De Young v. City of Alameda, pursuant to Subsection (a) of
the legal counsel section of the Brown Act.
[President Corica announced during the regular meeting of the City
Council, held at 7:30 p.m., that the Council authorized filing a
request for a new trial and retention of new outside counsel for
De Young v. City of Alameda.]
ADJOURNMENT
There being no further business to come before the Council,
President Corica adjourned the meeting at 7:05 p.m.
Respectfully submitted
DIA1E B. FELSCH, CMC
City Clerk
The agenda for the meeting was posted in accordance with the
Brown Act.
September 5, 1989
SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
SEPTEMBER 5, 1989
The meeting convened at 7:20 p.m. with President Corica
presiding.
ROLL CALL
Present: Councilmembers Arnerich, Camicia, Thomas, Withrow,
and President Corica - 5.
Absent: None.
89-613 President Corica adjourned the meeting to a Closed Session
to consider:
a) Leota v. City of Alameda, pursuant to Government Code
Section 54956.9.
b) Workers' Compensation Claim of Heriberto Fuentes, Police
Officer, pursuant to Subsection (a) of the legal counsel
section of the Brown Act.
[President Corica announced during the regular meeting of the City
Council, held at 7:30 p.m. that the Council recommended hiring of
outside legal counsel for Leota v. City of Alameda.]
ADJOURNMENT
There being no further business to come before the Council,
President Corica adjourned the meeting at 7:28 p.m.
Res ectfully submitted,
.0'
IDIIE B. FELSCH, CMC
City Clerk
The agenda for the meeting was posted in accordance with the
Brown Act.
September 5, 1989
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY SEPTEMBER 5, 1989
The meeting convened at 7:40 p.m. (at the conclusion of Special
Council Meetings and a Special Meeting of the Housing Authority
Board of Commissioners) with President Corica presiding. The
Pledge of Allegiance was led by Councilmember Thomas. Reverend
Dorothy Kimbrell gave the invocation.
ROLL CALL - Present: Councilmembers Arnerich, Camicia, Thomas,
Withrow and President Corica - 5.
Absent: None.
MINUTES
Councilman Arnerich moved approval of the minutes of the Regular
Council Meeting of August 15, 1989 and the Special Council Meeting
of August 18, 1989. Councilmember Camicia seconded the motion
which was carried by unanimous voice vote - 5.
Announcement by Mayor of Closed Session
89 -614 Regarding De Young v. City of Alameda, President Corica
announced that Council authorized filing a request for a new trial
and retention of new outside counsel.
89 -615 Regarding Leota v. City of Alameda, President Corica
announced that Council recommended hiring of outside legal counsel.
CONSENT CALENDAR
President Corica stated he had been requested to pull Agenda Item
No. 1 -A regarding attendance at the National League of Cities
Conference (See 89 -642, 9/6/89)* from the Consent Calendar for
discussion. At the request of Gerhard Degemann, Alameda, Agenda
Item No. 1 -B regarding the City's Investment Portfolio (See
89 -643, 9/6189),* was removed from the Consent Calendar to the
regular agenda.
Councilmember Camicia moved to approve the remainder of the Consent
Calendar; Councilmember Withrow seconded the motion which was
carried by unanimous voice vote - 5.
RESOLUTIONS
*89 -616 Resolution No. 11806 "Adopting Plans and Specifications
and calling for bids for Lucious Bateman driving range landscaping
and fence installation project, No. P.W. 7- 89 -12, and directing
City Clerk to advertise same." Adopted.
*89 -617 Resolution No. 11807 "Adopting Plans and Specifications
and calling for bids for light installation at the Bay Farm Island
Bridge pathway, No. P.W. 4 -89 -1, and directing City Clerk to
advertise same." Adopted.
September 5, 1989
2
*89-618 Resolution No. 11808 "Authorizing open market purchase of
Law Enforcement Class Motorcycle for the Police Department."
Adopted.
*89-619 Resolution No. 11809 "Awarding contract to Prime
Construction Company for renovation of 18 holes at the Earl Fry
Golf Course, authorizing execution thereof, and appropriating funds
from the Golf Course Enterprise Fund." Adopted.
*89-620 Resolution No. 11810 "Authorizing appropriation of
$108,600 from the Dwelling Unit Tax Fund for construction of the
Portola Triangle Demonstration Garden." Adopted.
FINAL PASSAGE OF ORDINANCES
*89-621 Ordinance No. 2447, N.S. "Amending the Alameda Municipal
Code to prohibit parking at various times and locations to
facilitate street sweeping." Adopted.
* * * * * * * *
Councilmembir 'Thomas moved to take Agenda Item No. 18 (See 89-622)
out of order. Councilmember Camicia seconded the motion which was
carried by unanimous voice vote - 5.
89-622 Resolution No. 11811 "Appointing William C. Garvine a
member of the Cable Television Oversight Committee.
Councilmember Camicia moved adoption of the resolution.
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 5.
The City Clerk administered the oath of office to Mr. Garvine.
Mr. Garvine expressed his appreciation to Council.
WRITTEN COMMUNICATIONS
89-623 From President, Chamber of Commerce, regarding Chamber of
Commerce funding request.
Al Wright, Raintree Studios, 1205 Park Street, Vice-President of
Public Affairs, Chamber of Commerce, Alameda, read the Chamber's
mission statement, and pointed out that the majority of the
Chamber's members are not retail merchants, but a mix of
businesses.
Ray Cox, Treasurer, Chamber of Commerce, gave the background of the
Chamber, addressed funding problems, and requested Council provide
the Chamber with funding necessary to continue in Alameda.
The following persons spoke in favor of funding the Chamber:
Robert DeCelle, P.O. Box 1606, Alameda.
Armiger F. Dredge, Alameda,
September 5, 1989
0
The following person spoke in favor of funding the Chamber, with
certain reservations:
Gerhard Degemann, 19 Sandpiper Place, Alameda.
President Corica stated he will vote no on funding the Chamber
until such time it can prove to Council that it can move forward.
Councilmember Camicia stated he can support the Chamber as soon as
he receives a report or plan that shows what the Chamber can do for
Alameda and how it will benefit Alameda.
Councilmember Withrow stated he has not seen a business plan or a
strategic plan that identifies goals and objectives for the Chamber
as it relates to the City of Alameda; he would not feel
comfortable recommending investment of $100,000 not knowing what
the benefits would be.
Councilmember Withrow moved "that we [the City] sponsor and
underwrite a strategic planning process for the business community
over the course of -- pick a time -- one year." Councilmember
Withrow-explained underwriting as logistics support.
Councilmember Camicia stated he would second the motion with an
amendment that "[City] staff come back with a report on how this
[support] could be structured" and that it include Chamber of
Commerce input. Councilmember Withrow amended the motion
accordingly and Councilmember Camicia seconded it.
Councilman Arnerich commented on the City Manager's report and
recommendation, and stated that he will not support the expenditure
of funds at this time.
President Corica called for the question; the motion passed by
unanimous voice vote - 5.
89-624 From John Barni, Jr. Shaw & Lunt Realtors, Alameda,
requesting Zoning Ordinance be amended to allow Professional
Offices in C-1 and C-2 Zoning Districts, without the need of Use
Permits.
Councilmember Camicia moved the recommendation. Councilmember
Withrow seconded the motion which was carried by unanimous voice
vote - 5.
89-625 From Clarice Minot and several interested neighbors,
Alameda, regarding liquidambar tree replacement at 3016 Gibbons
Drive.
Clarice Minot addressed the Council, stated she represents 11
residents in the immediate vicinity of 3016 Gibbons Drive, and
reviewed the background of the matter.
The following persons spoke in favor of tree replacement:
Arnie McDaniel, 3025 Gibbons Drive.
September 5, 1989
2
David George, 3006 Gibbons Drive.
Jerry Minot, 3022 Gibbons Drive.
Following Council discussion regarding the wishes of the property
owner at 3016 Gibbons Drive, type of tree replacement, costs, the
Street Tree Management Plan and Tree Guidelines, President Corica
called for a motion to replace the liquidambar tree.
Councilman Arnerich moved "to replace the tree." Councilmember
Camicia seconded the motion which was carried by unanimous voice
vote - 5.
89 -626 From William Stier, Alameda, requesting a full - service
grocery store operation at the former Lucky Store site on Webster
Street.
Don Kaplan, Bonfare Market, 3 Crow Canyon Court, #200, San Ramon,
spoke in favor of locating a Bonfare Market at the Lucky Store
site.
Councilman Arnerich inquired about the locations and operations of
other fanfare Markets.
President Corica expressed his concerns regarding the lack of
square footage [previously agreed upon between developer Mr.
Clevenger and City Manager], fresh meat, poultry and fish.
The following person spoke in favor of the Bonfare Market:
John Barni, 1380 East Shore Drive.
Councilmember Thomas stated that the issue for Council is whether
or not the store or services Mr. Kaplan provides is worth the
trade -off for what the developer wants to offer in his total
package.
Councilmember Camicia moved acceptance of the communication.
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 5.
89 -627 From Oletta Johnson, Alameda, suggesting the former Central
Market location be considered for the new Main Library site.
President Corica commented the Library Site Committee had
considered the location and it was decided the site was not large
enough.
Councilmember Camicia moved acceptance of the communication.
Councilmember Thomas seconded the motion which was carried by
unanimous voice vote - 5.
Councilmember Camicia suggested the next two items be considered
together; and President Corica announced that Agenda Items Nos. 7
and 8 (See 89 -628 and 89 -629) will be considered at the same time.
September 5, 1989
89 -628 From Bette Collins, Alameda, expressing various concerns
relative to the recently adopted Ordinance No. 2446, N.S.,
regarding recreational vehicles.
89 -629 From Arthur Rose, Alameda, regarding Ordinance No. 2446,
N.S.; and, an amendment to Ordinance No. 2375, N.S., to allow
parking of vehicles, including recreational vehicles, in driveways.
The following persons spoke against Ordinance No. 2446, N.S.
Michael Joyce, 1726 San Antonio.
Roland Marzolf, 1354 Grove Street.
Philip Benford, 400 Haight Avenue.
William Faler, 1265 Lincoln Avenue.
Robert Jackson, 1601 Minturn.
Dorothy Law, 1801 Cambridge.
Gilbert Lightner, 3516 McSherry Way.
The following persons spoke in favor of amending Ordinance No.
2375, N.S. _ (driveways) .
William F. Riley, 1734 Eagle Avenue.
Florence Garrett, 246 Beach Road.
The following persons spoke both against Ordinance No. 2446, N.S.,
and in favor of amending Ordinance No. 2375, N.S.
Louis Schmitz, Jr., 1850 Central Avenue.
Robert DeCelle, P.O. Box 1606, representing the Bay Farm
Improvement League.
Herbert Shelmadine, 835 Laurel Street.
Betty Ballerini, 211 Central Avenue.
Arthur Rose, 321 Maitland Drive.
Sandra Schuittuma, 1350 Grove Street.
Councilman Arnerich stated the matter of allowing parking in
driveways will be addressed in the next few weeks.
Councilmember Camicia stated he seconded the motion to adopt
Ordinance No. 2446, N.S., because it allows 90 days for further
exploration of parking in driveways.
Councilmember Thomas stated the matter is the result of an isolated
occurrence; and believes people should be allowed to park
recreational vehicles in front of their houses.
President Corica stated it is a neighborhood dispute and Council
should take another look at the matter.
Councilmember Withrow moved to "accept the correspondence."
Councilmember Camicia seconded the motion.
President Corica stated the matter should be agendized within 90
days.
September 5, 1989
Councilmember Withrow stated that the ordinance regarding RVs is a
valid ordinance; and the 90 days is for review of driveway
parking.
President Corica stated it is unfair to review only the driveway
issue and not take care of people who do not have driveways and
therefore the whole matter should be reagendized and reviewed.
Following further discussion, President Corica directed staff place
the matter of RVs on the agenda [within 90 days.
The motion to accept the correspondence was carried by unanimous
voice vote - 5.
89-630 From Steve Corrigan, ,Alameda, submitting a complaint
regarding the enforcement of Smoking Ordinance No. 2364, N.S.
Councilman Arnerich made a motion "to accept the communication."
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 5.
89-631- -From Jeremiah Holland, Associate Pastor, Saint Joseph
Basilica, Alameda, regarding use of aluminum windows in restoration
of a Victorian house at 1834 San Antonio Avenue.
The following persons spoke in opposition to the use of aluminum
windows and/or the lack of obtaining permits before proceeding with
work.
Paul H. Breitkopf, 1823 San Jose Avenue.
Robert DeCelle, P.O. Box 1606, Historical Advisory Board.
Christopher Buckley, 1017 San Antonio Avenue.
Gerard Falzone, 1817 San Jose Avenue.
Scott Brady, 1231 Park Avenue #A., President, Alameda Victorian
Preservation Society.
Dave Plummer, 1401 High Street.
Bruce Gordon, Alameda.
Gerhard Degemann, 19 Sandpiper Place
Councilmember Thomas stated the matter should be addressed by the
Planning Board and if someone appeals it, Council should consider
it.
President Corica stated he does not believe a homeowner should be
required to make changes to his home that he does not wish to make.
Councilmember Camicia stated the permit process is the issue which
should be addressed.
Councilmember Thomas made a motion to "accept the communication."
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 5.
* * * * * * * * * *
Councilmember Camicia made a motion to take Agenda Item No. 19
September 5, 1989
regarding the California Joint Powers Insurance Authority agreement
(See 89-632) out of order. Councilmember Withrow seconded the
motion which was carried by unanimous voice vote - 5.
89-632 Resolution No. 11812 "Approving amendments to the Agreement
creating the California Joint Powers Insurance Authority." Adopted.
Julius Scoggins, General Manager of the California Joint Powers
Insurance Authority, noted the document under consideration
[amended agreement] was improved over the prior document.
Councilmember Camicia made a motion to adopt the resolution.
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 5.
Council, by consensus, agreed to adjourn the meeting to 7:30 p.m.,
Wednesday, September 6, 1989.
ADJOURNMENT
89-633 President Corica adjourned the meeting at 11:10 p.m. to
Wednesday, September 6, 1989, at 7:30 p.m., in Council Chamber,
City Hall.
Res ectfully submitted,
DIANE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted 24 hours in advance in
accordance with the Brown Act.
September 5, 1989