1989-10-03 MinutesSPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
OCTOBER 3, 1989
The meeting convened at 7:00
presiding.
ROLL CALL
Present:
Absent:
p.m.
with President Corica
Councilmembers Arnerich, Camicia, Thomas, Withrow,
and President Corica - 5.
None.
89 -698 President Corica adjourned the meeting to a Closed Session
to consider:
a) Caton v. City of Alameda et al., pursuant to
Subsection (a) of the legal counsel section of
the Brown Act.
b) Zanassi /Moreno v. City of Alameda et al.,
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., regarding Caton v. City of Alameda,
that the City will defend the lawsuit and retain the outside firm
of Morton, Lulofs & Allen; and regarding Zanessi /Moreno v. City_
of Alameda, that the City will defend the lawsuit and retain the
outside firm of Bertrand, Fox & Elliot.]
ADJOURNMENT
There being no further business to come before the Council,
President Corica adjourned the meeting at 7:15 p.m.
Respectfully submitted,
DIANE B. FELSCH, CMC
City Clerk
The agenda for the meeting was posted in accordance with the
Brown Act.
October 3, 1989
2 'i
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY OCTOBER 3, 1989
The meeting convened at 7:30 p.m. (at the conclusion of the
Housing Authority Board of Commissioners Meeting) with President
Corica presiding. Councilman Arnerich led the Pledge of
Allegiance. Reverend Doug Henderson gave the invocation.
ROLL CALL Present: Councilmembers Arnerich, Camicia, Thomas,
Withrow, and President Corica - 5.
Absent: None.
MINUTES
President Corica stated he would abstain from voting on the minutes
of the September 19th meetings as he was not present.
Councilmember Camicia made a motion to approve the minutes of the
Adjourned Regular Council Meeting of September 6, 1989, the Regular
Council Meeting of September 19, 1989, and the Special Council
Meeting of September 19, 1989. Councilmember Arnerich seconded the
motion. Regarding the Adjourned Regular Council Meeting of
September 6, 1989, the motion was carried by unanimous voice vote -
5. Regarding the Regular Council Meeting of September 19, 1989,
and the Special Council Meeting of September 19, 1989, the motion
was carried by the following voice vote: Ayes: Councilmembers
Arnerich, Camicia, Thomas, and Withrow - 4. Noes: None. Absent:
None. Abstentions: President Corica - 1.
89-699 Mayor Corica read a note of appreciation from the family of
Colonel William Higgins, for whom a meeting was adjourned in his
memory on August 1, 1989.
SPECIAL ORDERS OF THE DAY
89-700 Proclamation declaring the week of October 8 through 14 as
PUBLIC POWER WEEK.
Mayor Corica read the proclamation and presented it to William
McCall, Vice-President, Public Utilities Board.
Announcement by Mayor of Closed Session actions.
Mayor Corica announced that at the Closed Session during the
Special Meeting held at 7:00 p.m., the following action was taken.
89-701 Regarding Zanassi/Moreno v. City, the City will defend the
lawsuit and retain the outside firm of Bertrand, Fox & Elliot.
89-702 Regarding Caton v. City, the City will defend the lawsuit
and retain the outside firm of Morton, Lulofs & Allen.
Councilmember Camicia made a motion to take Item No. 12,
resolution regarding appointment to Social Service Human Relations
October 3, 1989
Board, out of order (See 89-703). Councilmember Withrow seconded
the motion. Council by consensus agreed.
89-703 Resolution No. 11834 "Appointing Donald J. Holmes as a
member of the Social Service Human Relations Board." (110-20)
Councilmember Camicia made a motion to adopt the resolution.
Councilmember Thomas seconded the motion which was carried by
unanimous voice vote - 5.
CONSENT CALENDAR
The following items were removed from the Consent Calendar to the
regular agenda. Item No. 1-A, report regarding new defibrillators
for the Fire Department (See 89-725), at the request of
Councilmember Thomas; Item No. 1-C, report regarding intersection
parking prohibition (See 89-726) at the request of Councilmember
Withrow; and Item No. 1-J, resolution regarding agreement to
conduct fee and cost analysis (See 89-727) at the requests of
President Corica and Councilman Arnerich.
Councilmember Camicia moved approval of the remainder of the
Consent Calendar. Councilmember Withrow seconded the motion which
was carried by unanimous voice voice vote - 5.
Items so enacted or adopted are indicated by an asterisk.
REPORTS AND RECOMMENDATIONS
*89-704 From Personnel Director regarding San Jose bilingual pay
incentive. Accepted.
*89-705 From Public Works Director recommending approval of FAU
Project for the improvement of Doolittle Drive from Island Drive to
Harbor Bay Parkway. Accepted.
RESOLUTIONS
*89-706
Electric
Pathway,
Adopted.
*89-707
Electric
Sherman
84-3, N
Adopted.
Resolution No. 11835. "Awarding contract to St. Francis
for light installation at the Bay Farm Island Bridge
No. P.W. 4-89-1, and authorizing execution thereof."
Resolution No. 11836. "Awarding contract to St. Francis
for traffic signalization and other improvements at
Street and Buena Vista Avenue, Assessment District No.
o. P.W. 12-88-22, and authorizing execution thereof."
*89-708 Resolution No. 11837. "Approving agreement with the State
of California for maintenance of State Highway in the City of
Alameda and authorizing execution thereof." Adopted.
*89-709 Resolution No. 11838. "Authorizing open market purchase
of copiers for the Fire Department and City Attorney's Office."
Adopted.
October 3, 1989
*89 -710 Resolution No. 11839. "Approving agreement with the State
of California for encroachment permits on State Highway in the City
of Alameda and authorizing execution thereof." Adopted. (600 -40)
*89 -711 Resolution No. 11840. "Authorizing open market purchase
of one mobile traffic zone unit for the Police Department."
Adopted.
WRITTEN COMMUNICATIONS
89 -712 From John Barni, Jr., Shaw & Lunt, Alameda, suggesting that
the entire Zoning Ordinance, as related to uses in all districts,
needs to be rewritten.
John Barni, Jr., Shaw & Lunt, 875 Island Drive, stated he is
concerned with C -1 and C -2 zones; and discussed difficulties
related to Use Permits.
President Corica stated the Planning staff has been directed to
study the subject and the Planning Board will be reviewing it.
Following remarks of the Planning Director, and discussion
regarding possible timelines, Councilmember Thomas commented that
following the revision of the General Plan, the City Attorney
should work with the Planning Department to protect Measure A,
conform the Zoning Ordinance to the General Plan, and provide
flexibility, e.g., for commercial entities.
Councilmember Withrow made a motion to "accept the correspondence."
Councilman Arnerich seconded the motion which was carried by
unanimous voice vote - 5.
HEARINGS
89 -713 Consideration of establishing a lien for sidewalk repair at
1520 Willow Street, 2115 Buena Vista Avenue, and 2421 Webb Avenue.
President Corica stated payment was made regarding 2115 Buena Vista
Avenue, therefore Item No. 16 (See 89 -730), resolution regarding
lien for 2115 Buena Vista Avenue, will not be heard.
President Corica announced the procedure of the hearing.
The Public Works Director explained the background of the matter,
and noted the owner of 2421 Webb Avenue has requested an
opportunity to make payments over a period of time.
The public portion of the hearing was opened.
On the call for proponents, there were none.
On the call for opponents, the following person spoke.
October 3, 1989
274
Michael Cook, 2017 San Antonio Avenue.
In response to President Corica and Councilman Arnerich's
questions, Mr. Cook replied he repaired his driveway, but because
P.G.& E. caused the damage, he did not repair the sidewalk,
believing it to be the City's responsibility, and he has discussed
the matter with City staff.
The public portion of the hearing was closed.
Councilmember Withrow stated if Mr. Cook has a problem in
recovering funds, he should be following up with P.G.& E.; the
City should not need to bear the expense and attempt recovery; it
is the property owner's responsibility.
Councilman Arnerich stated he can accept the offer of the owner of
2421 Webb Avenue to make monthly payments; and he would recommend
Mr. Cook make arrangements for payment.
Following Council discussion, Councilmember Withrow moved "that the
recommendation of the Public Works Director be accommodated but
annotated to take aboard Councilmember Thomas's suggestion that if
in fact, in the judgment of the Public Works Director, they want to
accept a delayed payment plan, that interest at the rate of 10% on
an annualized basis be assessed so that, if in fact we [the City]
defer it, it will be on a business basis and we [the City] will
accrue the time value of money for it."
It was noted that the action could be taken under the resolution,
and the motion failed for lack of a second.
Councilmember Thomas moved Item No. 15, related resolution, be
taken out of order (See 89-714). Councilmember Camicia seconded
the motion which was carried by unanimous voice vote - 5.
89-714 Resolution No. 11841. "Confirming report of Superintendent
of Streets in the matter of the repair of sidewalk, driveway, curb
or gutter in front of property known as 1520 Willow Street, and
directing the filing of a Notice of Lien on said property with the
County Auditor." Adopted.
Councilmember Withrow stated "the motion would be to charge a
delayed payment program of 10% but that would provide Council
authorization to obtain a lien on the property and leave it to the
judgment of the Public Works Director to determine whether the lien
was applied or not." Councilmember Camicia seconded the motion.
Councilmember Thomas noted the resolution which mandates the filing
of the Notice of Lien should be modified accordingly.
The motion was carried by unanimous voice vote - 5.
Councilmember Thomas moved Item No. 17, a related resolution, be
taken out of order (See 89-715).
89-715 Resolution No. 11842 "Confirming report of Superintendent
October 3, 1989
of Streets in the matter of the repair of sidewalk, driveway, curb
or gutter in front of property known as 2421 Webb Avenue, and
directing the filing of a Notice of Lien on said property with the
County Auditor. Adopted.
Councilmember Thomas moved the same as for the previous resolution
[to charge a delayed payment program of 10% and provide Council
authorization to obtain a lien on the property and leave it to the
judgment of the Public Works Director to determine whether the lien
is applied or not]. Councilmember Withrow seconded the motion
which was carried by unanimous voice vote - 5.
89-716 Consideration of a Proposed Negative Declaration (1S-89-6)
under the California Environmental Quality Act, for the proposed
acquisition by the City of Alameda of Linoaks Motel property
located at 2310 Lincoln Avenue, southeastern corner of Oak Street,
Alameda, CA. Applicant: City of Alameda.
President Corica announced the procedure of the hearing.
The Planning 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 Camicia moved the recommendation [to approve the
Negative Declaration]. Councilmember Withrow seconded the motion
which was carried by unanimous voice vote - 5.
89-717 Consideration of an Ordinance amending the Alameda Municipal
Code, Sections 2-331 through 2-339, concerning the powers and
duties of the Historical Advisory Board, and Sections 10-911
through 10-981, concerning the designation and preservation of
historical monuments.
President Corica announced the procedure of the hearing, and
explained the background of the matter.
Robert DeCelle, Chairperson, Historical Advisory Board, explained
the background of the matter, noting this is simply a housekeeping
procedure.
The public portion of the hearing was opened.
On the call for proponents, the following person spoke.
Scott Brady, President, Victorian Preservation Society.
On the call for opponents, there were none.
The public portion of the hearing was closed.
October 3, 1989
27Ei
Councilman Arnerich moved "to accept the recommendation of staff,
approving the proposed revisions of Section 2-331 through Section
2-339 and Section 10-911 through Section 10-981." Councilmember
Withrow seconded the motion which was carried by unanimous voice
vote - 5.
Councilmember Camicia moved the related ordinance be taken out of
order. Councilmember Thomas seconded the motion which was carried
by unanimous voice vote - 5.
89-718 Ordinance No. N.S. "Amending the Alameda Municipal
Code, Sections 2-331 through 2-339, concerning the powers and
duties of the Historical Advisory Board, and Sections 10-911
through 10-981, concerning the designation and preservation of
historical monuments." Introduced.
Councilman Arnerich stated he made the motion [to introduce the
ordinance]. Councilmember Withrow seconded the motion which was
carried by unanimous voice vote - 5.
REPORTS AND RECOMMENDATIONS
89-719 From President, Public Utilities Board, regarding Bureau of
Electricity requirements for use of land on Bay Farm Island.
William Lewis, General Manager, Bureau of Electricity, stated in a
major earthquake emergency, access to Alameda main island will not
be possible until the State has tested the bridges and tunnel for
further use; there will be no access to Bay Farm Island and
therefore the Bureau is proposing a small facility for storage of
material and equipment for emergency, and is also projecting the
need for a future sub-station site.
Councilman Arnerich discussed the possibility of alternate sites
with the General Manager.
William McCall, Vice-President, Public Utilities Board, 1105 Mound
Street, stated his concern for the Golf Course; does not believe
Bureau's use of the proposed site will affect the Golf Course; the
site belongs to the City and taxpayers, not the Golf Course; the
Bureau donated $50,000 to the Golf Course when it was first
proposed, and agencies must work together as a team.
Councilman Arnerich stated he wants to know what the Golf
Commission plans for the site in future years and if the site can
be leased, and suggested a trade of electricity for land.
President Corica stated he is interested in the minimum amount of
acreage needed by the Bureau, to which the Bureau General Manager
stated the Bureau can work within 1.3 acres, and discussed the
screening and fencing of the site.
Councilmember Camicia commented a trade of electricity for land is
October 3, 1989
not a bad idea.
Councilman Arnerich suggested the possibility of renting the land,
leasing, or reducing the electric bill.
President Corica stated perhaps the Bureau can be accommodated with
a minimum amount of land; and if electricity is given, it is the
taxpayer that is paying as it still costs the Bureau; and perhaps
one acre will be sufficient for the Bureau.
Councilman Arnerich noted tradeoffs between the School District and
the City.
President Corica stated the tradeoffs in this instance are between
City agencies.
Councilman Arnerich moved that the Bureau be directed to identify
the exact amount of land needed; and the Golf Commission consider
the use of the remaining property. Councilmember Withrow seconded
the motion.
Councilmember Thomas requested that the following items be
addressed when staff reports back to Council: a) the necessity for
vehicle storage, b) consideration of preliminary work in the
residential neighborhoods, and c) the feasibility of RV storage
space for equipment storage.
Paul Aragon, Golf Commission, 350 Laguna Vista, commented that the
site is the Golf Course's only asset, the mounds of dirt on the
site are to be used on the driving range; and the future needs of
the Golf Course are unknown at this time.
Councilman Arnerich stated the motion is "to accept this report
tonight and have the Bureau actually sit down and identify the
amount of land that they will need whether it is 1.3 acres or 1
acre or 3/4 of an acre, and identify the land that they will need
and No. 2., the Golf Commission, likewise in turn, is to see just
what they would use with the remaining" acreage; the matter should
be returned to both the Golf Commission and the Public Utilities
Board to provide a more positive stance on the way they want to
proceed; and the Public Works Director should participate in
discussion on the roadway design.
Councilmember Withrow seconded the motion which was carried by the
following voice vote: Ayes: Councilmembers Arnerich, Thomas,
Withrow and President Corica - 4. Noes: Councilmember Thomas - 1.
Absent: None.
Councilmember Thomas stated she believed the City Manager should
decide as it is all City land.
89-720 From City Manager concerning various expenses for
reimbursement.
President Corica stated he would be voting No on the matter as it
would appear to some people it is a way around the ballot [Measure
October 3,1989
2 8
C, March 7, 1989] that people voted against.
Gerhard Degemann, 19 Sandpiper Place, stated this is not a pay
increase and it is only fair, when Council represents the City,
there should be reimbursement for the expense.
Councilmember Thomas commented a voucher system is time-consuming;
certain City employees receive $250 car allowance without necessity
of vouchers; and suggested a flat fee of $40.00 monthly car
allowance for Councilmembers.
Councilman Arnerich made a motion for a $40.00 monthly car
allowance for mileage, and up to $250 each per year to attend City
functions that are required.
Following discussion regarding staff allowances, per diem
allowances, travel expenses, and average amount of mileage per
month, expenses of functions, etc., Councilman Arnerich amended his
motion, stating Council could stay with the per diem, leave that as
it is and go ahead with the mileage fee only, up to $40.00.
Councilmember Withrow clarified if the $40.00 is exceeded,
documentation will be required.
Councilmember Camicia seconded and 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.
89-721 From City Manager transmitting City Auditor's Report 89-1,
cash handling procedures at City Hall.
Councilman Arnerich stated regarding the first page of the report,
the word "appears" in the phrase "appears that procedures. . ."
should be removed at some point; noted the suggested handling of
meter coins would be beneficial and should be followed through.
Councilmember Withrow moved acceptance of reports [Items Nos.] 8
and 9 (89-721 and 89-722). Councilmember Thomas seconded the
motion.
Councilmember Thomas commended Kevin Harper, City Auditor, for his
work.
The motion was carried by unanimous voice vote - 5.
89-722 From City Manager transmitting City Auditor's Report 89-2,
check processing.
This report was accepted in the motion under paragraph 89-721.
89-723 From Finance Director regarding approval of Bills.
Councilmember Thomas commended the Finance Director on the Bills
format; and stated she does not want to be held personally liable
for City expenditures that are not proper, and she cannot review
October 3, 1989
each one and verify, to her satisfaction, that they are proper and
therefore she will continue to vote No on bills.
In response to Councilmember Camicia's inquiry, the City Attorney
stated her initial understanding is that liability would be for
intentional and malicious acts.
Councilman Arnerich noted there is no requirement in City Charter
or state law that Council approve bills prior to being paid; and
commented that Councilmember Thomas has a right to withhold her
vote if she wishes.
President Corica inquired if there was a motion. Councilmember
Withrow moved the recommendation and Councilman Arnerich 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.
89-724 From Public Works Director regarding traffic conditions and
concerns regarding Fernside Blvd., Otis Drive to High Street.
Councilman Arnerich commented on removal of the Bike Lane, stated
for the record he remembers the promise that Fernside Blvd. will
not be widened, a cul-de-sac on Gibbons Drive would cause more cars
on High Street and on Fernside; he recommended a crosswalk at
Liberty and Fernside Blvd.; and endorsed the No-U-Turn proposed by
the Public Works Director.
Councilmember Withrow commended the Public Works Director for his
complete report; stated he would be opposed to removal of bike
lanes on Fernside Blvd; addressed traffic signal funding;
requested Public Works Director provide report on Traffic Signals
Priority List, with regard to timing.
Following discussion regarding U-turn patterns, the City Manager
noted the request for the crosswalk would go to the Traffic
Advisory Committee; and the partial removal of the bike lane is to
be only for a short distance to allow traffic to merge into a
one-lane configuration.
Councilmember Withrow moved recommendation No. 1, and No. 4 of
the report be approved.
Councilmember Thomas requested Recommendation No. 6 be referred to
the Traffic Advisory Committee, and by consensus, Council agreed.
Councilmember Camicia seconded the motion.
Councilmember Withrow modified his motion to include approval of
recommendation No. 5.
Councilmember Thomas seconded the motion and requested the Mayor to
write the School District for financial assistance on the cost for
a traffic signal at Fernside and Encinal.
October 3, 1989
The motion was carried by unanimous voice vote - 5.
89-725 From Fire Chief regarding free new defibrillators for the
Fire Department.
Councilmember Thomas stated she pulled this off the Consent
Calendar because it is a reward for a good job and innovation of a
new program, and she requested the Fire Chief explain the matter to
the public.
The Fire Chief stated the City of Alameda is one of the first in
California to have defibrillators for EMT Firefighters; and the
new enhanced defibrillators have been provided free because of the
Department's reputation due to the program.
Councilmember Thomas moved acceptance of the report. Councilmember
Withrow seconded the motion which was carried by unanimous voice
vote - 5.
89-726 From Public Works Director regarding the program for the
installation of intersection parking prohibition for the
improvement of visibility.
Councilmember Withrow stated he strongly supports the program
however he would like to see if the Public Works Department can
accomplish their goals in a one year timeframe as opposed to a
two year timeframe, and so moved. Councilmember Camicia seconded
the motion.
Councilmember Withrow stated he would like the Department to try to
accomplish the goals in one year because this is a safety issue.
Councilmember Thomas suggested that other alternative sources of
labor be considered e.g., Work Alternative Program.
Councilmember Withrow modified the motion to request a one year
goal, as opposed to a definitive. Councilmember Camicia seconded
the motion which was carried by unanimous voice vote - 5.
89-727 Resolution No. , Authorizing execution of agreement
with David M. Griffith & Associates, Ltd. to conduct fee and
charge cost analysis for the City of Alameda.
President Corica stated he pulled the item from the Consent
Calendar because Kimball, McKenna & Von Kaschnitz is a local firm
and he believes it can do a good job.
Councilmember Thomas stated she would like to use a local firm but
they do not have experience, and believes the City can benefit by
the experience of David M. Griffith & Associates.
Councilman Arnerich stated he wanted the item pulled from the
Consent Calendar because of the range of the estimated fee by the
McKenna firm, agrees the recommended firm [Griffith] has the
necessary expertise, but would like clarification regarding the
out-of-pocket costs.
October 3, 1989
Councilmember Camicia suggested accepting the Griffith firm but
setting a cap not to exceed $63,000, to include out-of-pocket
costs.
Councilman Arnerich agreed.
Following discussion regarding out of pocket expense, Councilmember
Withrow stated since the McKenna firm is just starting out, it may
agree to work for less; therefore Council could inquire if the
firm will accept a firm, fixed and final fee of $45,000.
President Corica commented it is a good idea and the firm is
reputable.
Councilman Arnerich stated it would be giving an Alameda firm an
opportunity.
Councilmember Camicia stated he would second Councilmember
Withrow's motion. The motion was carried by unanimous voice vote -
5.
RESOLUTIONS
89-728 Resolution No. 11843. "Supporting HOUSING NOW campaign."
Adopted.
* Written Communication
From Clayton Guyton encouraging the Alameda City Council to
pass a resolution to support Housing Now and the California
Right to Housing Campaign.
John Scott Graham, 1728 Tregloan Court, commented on the need of
low cost housing, and low cost apartments.
Clayton Guyton, 457 Buena Vista, #302, stated the resolution is
very important to individuals going to Washington, D.C. to
participate in the Housing Now Campaign for the homeless.
Lois Pryor, 1814 Clinton, stated it would be an appropriate gesture
for the Council to support this resolution.
Councilmember Camicia moved adoption of the one-page resolution.
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 5.
89-729 Resolution No. 11844 "Appointing Carole Finnegan and Joan
Schopf, member and alternate respectively, to the Bay Area Library
and Information System Lay Advisory Board." Adopted.
Councilmember Camicia moved adoption of the resolution.
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 5.
89-730 Resolution No. . "Confirming report of Superintendent of
October 3, 1989
282
Streets in the matter of the repair of sidewalk, driveway, curb or
gutter in front of property known as 2115 Buena Vista Avenue, and
directing the filing of a Notice of Lien on said property with the
County Auditor.
Note: Property owner paid repair costs and item was pulled from
the Agenda. (See 89-713)
89-731 Resolution No. 11845 "Authorizing execution of a contract
for a management audit of the Alameda Police Department.
President Corica noted the recommendation is to authorize a
management audit by Ralph Anderson & Associates.
Councilmember Thomas stated she has not agreed to a study; she
believes accreditation would be positive and has expected a report
to come back comparing the various proposals and accreditation, and
is not content at this point in time to go with the study; and
discussed cost factors.
Councilmember Withrow stated he has concerns similar to
Councilmember Thomas regarding the fact that if a report is not
carefully written it can be used against the City out of context or
otherwise; and believed a review was coming back on the
accreditation process; would not feel comfortable voting for this
resolution unless he sees something written by Ralph Anderson &
Associates on other Police Departments so that he can determine
whether the reports are balanced.
The City Attorney stated academically, legally, this type of report
would be called hearsay and would be inadmissable in court.
Councilmember Withrow moved to extend the meeting for another half
hour. Councilmember Camicia seconded the motion which was carried
by unanimous voice vote - 5.
Councilmember Camicia stated he believes the report should be done
before the accreditation review.
Councilman Arnerich stated he has been wanting a study for the
Police Department and he believes the study will show what is
positive about the Department; he is ready to go ahead with Ralph
Anderson however he can wait another few weeks if someone is
unclear.
Councilmember Thomas stated it had been her understanding there
would be comparisons of proposals, accreditation, and costs.
President Corica explained the review and selection process
regarding the proposals.
Councilmember Camicia moved the recommendation [to adopt the
resolution]. Councilman Arnerich seconded the motion which was
carried by the following voice vote: Ayes: Councilmembers
Arnerich, Camicia, and President Corica - 3. Noes: Councilmembers
Thomas and Withrow - 2. Absent: None.
October 3, 1989
283
89-732 Resolution No. 11846 "Amendment to Resolution No. 8841
pertaining to authority of Self-insurance Claims Board.
Councilmember Camicia moved the recommendation [to adopt the
resolution].
President Corica stated the limits were set in the 1970s and he
believes the limits for settlements should be raised to $10,000 or
$15,000 dollars.
Councilmember Camicia amended the motion to include setting the
limit for settlement of legal claims and lawsuits [by the Claims
Board] to $15,000. Councilmember Withrow seconded the motion.
Councilman Arnerich clarified that the City Attorney will not
compromise, settle or dismiss any action without Council approval,
pursuant to the Charter, and noted Workers' Compensation would be
included in settlements by the Claims Board].
The motion was carried by unanimous voice vote - 5.
89-733 Resolution No. 11847 "Authorizing execution of a
Reclamation Project User Agreement between the City of Alameda and
East Bay Municipal Utility District." Adopted.
President Corica inquired if there is any recourse if the reclaimed
water is detrimental to the Golf Course or general public, to which
the City Manager responded the City is allowed to run tests and
under changed conditions, steps will be taken to correct the
situation.
In response to Councilman Arnerich's question the Operations
Manager of the Golf Course stated it is expected the reclaimed
water can be used by late spring of 1990.
Councilman Arnerich requested foliowup regarding the clean up of
the Course and replacement of damaged turf when the project is
completed, and the monthly water quality reports, which are to be
provided the City.
Councilmember Arnerich moved acceptance of the recommendation [to
adopt the resolution]. Councilmember Withrow seconded the motion
which was carried by unanimous voice vote - 5.
INTRODUCTION OF ORDINANCES
89-734 Ordinance No. N.S. "Amending Title XI, Article 4E,
Chapter 1, of the Alameda Municipal Code by deleting references to
newspaper vending machines in compliance with Sebago v. City of
Alameda judgment. Introduced.
President Corica stated Council is cooperating with the Bay Area
Citizens Against Pornography to find something more acceptable to
the Court.
October 3, 1989
2
Councilmember Withrow moved introduction of the proposed ordinance.
Councilmember Camicia seconded the motion which was carried by
unanimous voice vote - 5.
Margaret Stanley, 418 Baywood. Road, expressed appreciation for
Alameda, commented pornography is costly in terms of pollution of
children's minds, believes pornography changes persons, and wants
her rights considered as much as the rights of the publishers.
89-735 Ordinance No. , N.S. Amending the Alameda Municipal
Code by amending Section 18-441 of Chapter 4, TITLE XVIII relating
to lotteries.
Councilmember Camicia moved introduction of the ordinance.
Councilman Arnerich seconded the motion which was carried by
unanimous voice vote - 5.
BILLS
89-736 A List of Claims was presented to Council, certified by the
City Manager as correct, in the amount of $1,427,749.52.
Councilmember Camicia moved approval of the Bills. Councilmember
Withrow 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
89-737 Consideration of nomination for appointment to the Golf
Commission.
President Corica nominated Maynard Gannon for appointment to the
Golf Commission. Councilmember Thomas seconded the nomination
which was approved by unanimous voice vote - 5.
89-738 Consideration of nomination for appointment to the
Recreation Commission.
President Corica nominated Joseph Russi for appointment to the
Recreation Commission. Councilmember Withrow seconded the
nomination which was approved by unanimous voice vote - 5.
89-739 Consideration of nomination for appointment to the Cable
Television Oversight Committee. (United Cable representative)
President Corica commented John Suranyi will be located in Hayward
and he [President Corica] would like to hold this over until it is
determined who will be managing the Cable system in the City of
Alameda.
October 3, 1989
S
Councilmember Withrow so moved, and Councilman Arnerich seconded
the motion.
The motion was carried by unanimous voice vote - 5.
89 -740 Councilmember Arnerich requested staff prepare an ordinance
to establish a stop sign at Island Drive and Fir Avenue it the next
Council Meeting.
89 -741 Councilmember Thomas referred an Alameda County Recycling
Campaign initiative to the Recycling Committee for review and
response.
89 -742 Councilmember Thomas commented on a recent article by the
Times Star on the probe clearing Councilmember Camicia [KQED bond
issue], noting that it referred to a Sept 21, 1989, letter and
stated she did not understand why it did not refer to three
subsequent letters; expressed her belief that the District
Attorney's investigation will not be completed until statements are
taken.
Councilmember Camicia stated he does not believe there is an
ongoing investigation by the District Attorney's office; he
received a copy of a letter to Councilmember Thomas stating the
allegations she made had been reviewed and found there was no
wrongdoing on his part or on the part of KQED.
Councilmember Thomas responded that a subsequent letter from
District Attorney Meehan indicated that the investigation is
ongoing.
President Corica commented that he and Councilmember Camicia had
discussed the matter but does not believe Councilmember Camicia was
actually lobbying him.
Councilman Arnerich stated Councilmember Camicia did not approach
him about the matter; he added that he visited KQED himself and
investigated the bond issue with KQED's President and Bond Counsel.
Councilmember Withrow stated for the record, that Councilmember
Camicia did not lobby him; and noted that he stated that in
writing to the District Attorney.
ADJOURNMENT
President Corica adjourned the meeting at 12:10 a.m.
Respectfully submitted,
DIANE B. FELS CH, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance in
accordance with the Brown Act.
October 3, 1989