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1989-12-19 MinutesSPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA DECEMBER 19, 1989 The special meeting was convened at 7:00 p.m. with President Corica presiding. ROLL CALL Present: Councilmembers Arnerich, Camicia, Withrow, and President Corica - 5. Absent: Councilmember Thomas - 1. 89 -955 President Corica adjourned the meeting to a Closed Session to consider: a) Pending litigation between the City of Alameda and the Port of Oakland pursuant to Subsection (b) of Section 54956.9 of the Brown Act. b) Employee discipline pursuant to Government Code Section 54957 of the Brown Act. c) Mitcheom v. City pursuant to Subsection (a) of the legal counsel section of the Brown Act. (President Corica announced during the Regular Meeting of the City Council which convened at 7:30 p.m., regarding the Closed Session, the following: Regarding City v. Mitcheom, a) appealing of the decision was authorized, b) the City will file a motion for its attorney's fees and costs, c) the City agreed to indemnification of Police Chief Shielis and Captain Schmitz; regarding Pending litigation between the City of Alameda and the Port of Oakland, the status was discussed; and regarding Employee discipline, no action was taken.] ADJOURNMENT There being no further business to come before the Council, President Corica adjourned the meeting at 7:30 p.m. Respectfully submitted, DIANE B. FELSCH, CMC City Clerk The agenda for the meeting was posted in accordance with the Brown Act. December 19, 1989 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA. DECEMBER 19, 1989 The meeting convened at 7:45 p.m. (following the Community Improvement Commission meeting), with President Corica presiding. The Pledge of Allegiance was led by Councilmember Withrow. Reverend Dorothy Kimbrell gave the invocation. ROLL CALL - MINUTES Present: Councilmembers Arnerich, Camicia, Withrow, and President Corica - 4. Absent: Councilmember Thomas - 1. Councilman Arnerich moved approval of the minutes of the Special Council Meeting of December 5, 1989, and Regular Council Meetings of November 21, 1989, and December 5, 1989. Councilmember Withrow seconded the motion which was carried by the following voice votes: Minutes of the Special Council Meeting of December 5, 1989, and the regular Council Meeting of December 5, 1989: Ayes: Councilmembers Arnerich, Camicia, Withrow, and President Corica - 4. Noes: None. Absent: Councilmember Thomas - 1. Minutes of the Regular Council Meeting of November 21, 1989: Ayes: Councilmembers Arnerich, Withrow and President Corica - 3. Noes: None. Absent: Councilmember Thomas - 1. Abstentions: Councilmember Camicia [because of absence from the meeting] - 1. Announcement by Mayor of Closed Session action(s), if any. President Corica announced the actions taken during Closed Sessions at Special Meetings, as follows: On December 5, 1989, the following action was taken: 89-956 Regarding the 1082 Pension Improvement Committee, no action was taken. 89-957 Regarding the Linoaks property, the status was discussed. 89-958 Regarding Significant exposure to litigation: Port of Oakland and the City of Alameda, status was discussed and retention of expert, Walt Gilfillan, to analyze airport operation was authorized. 89-959 Regarding City v. Mitcheom, the Settlement Agreement was approved. On December 19, 1989, the following action was taken: 89-960 Regarding City v. Mitcheom, a) appealing of the decision was authorized, b) the City will file a motion for attorney fees and costs, c) the City agreed to indemnification of Police Chief Shiells and Captain Schmitz. December 19, 1989 386 89-961 Regarding Pending litigation between the City of Alameda and the Port of Oakland, the status was discussed. 89-962 Regarding Employee discipline, no action was taken. CONSENT CALENDAR Gerhard Degemann, 19 Sandpiper Place, requested removal of Consent Calendar Items No. 1-D, report regarding 1-880 Cypress Viaduct Reconstruction Project (See 89-985), and No. 1-H, report from Fire Chief regarding disaster preparedness (See 89-986), and placement on the regular agenda. Councilman Arnerich commented he, also, would like Item No. 1-H, noted above, removed from Consent Calendar to the regular agenda. Councilmember Withrow moved approval of the remainder of the Consent Calendar. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 4. Items so enacted or adopted are indicated by an asterisk. REPORTS AND RECOMMENDATIONS *89-963 From the City Manager recommending authorization for attendance by the City Manager at the "Making Cities Livable" Conference on March 13-17, 1990, in Carmel, California. Accepted. *89-964 From Public Works Director recommending acceptance of work by Gallagher & Burk, Inc. for construction of street improvements, Atlantic Avenue Extension to Alameda Belt Line and Triumph Drive, Assessment District 84-3, No. P.W. 6-88-11. Accepted. *89-965 From Public Works Director recommending waiver and refund of fees for permits for earthquake damage repairs. Accepted. *89-966 From Finance Director submitting Investment Portfolio as of November 30, 1989. Accepted. *89-967 From Finance Director regarding Business License and BIA Fees refunded during the period July 1, 1989 through November 30, 1989. Accepted. *89-968 From Fire Chief regarding reallocation of capital purchases for 1989-90. Accepted. *89-969 From Recreation and Parks Director submitting status report on McKinley Park Child Care Project. Accepted. RESOLUTIONS *89-970 Resolution No. 11905 "Authorizing the destruction of certain Personnel records." Adopted. *89-971 Resolution No. 11906 "Awarding contract to George E. December 19, 1989 387 Masker, Inc. for exterior painting of Mastick Senior Center and authorizing the execution thereof." Adopted. *89-972 Resolution No. 11907 "Awarding contract to Daylen, Inc. for installation of an automatic sprinkler system at the Jack Clark Golf Course and authorizing the execution thereof." Adopted. *89-973 Resolution No. 11908 "Adopting Plans and Specifications for the Alameda Municipal Golf Course rest room reconstruction, No. P.W. 10-89-16, calling for bids and directing City Clerk to advertise same." Adopted. *89-974 Resolution No. 11909 "Authorizing modification of existing landscape maintenance contract with Steve Baca, doing business as Mission Property Maintenance." Adopted. FINAL PASSAGE OF ORDINANCES *89-975 Ordinance No. 2466, N.S. "Amending the Alameda Municipal Code by amending Section 11-14A7(i), Chapter 1, Title XI, thereof, relating to driveway widths." Adopted. *89-976 Ordinance No. 2467, N.S. "Approving and authorizing the execution of an assignment of Jiffy Lube International, Inc. sublease for property located at 1435 Webster Street." Adopted. BILLS *89-977 Ratification of a List of Claims, certified by the City Manager as correct, in the amount of $1,801,358.63. RETURN TO REGULAR AGENDA 89-978 Councilmember Camicia noted Arnold Jonas, City Planning Director, recently announced his decision to take a position in San Luis Obispo, and presented a framed commendation extending appreciation for the Planning Director's services to Alameda. WRITTEN COMMUNICATIONS 89-979 From John Barni, Jr., Shaw & Lunt, Alameda, regarding use permit requirements for Professional Offices, and other related uses, in C-1 and C-2 Commercial Zones. John Barni, Jr., 875 Island Drive, stated there is no place for professional offices to locate within the community, by the time a use permit is processed, often a tenant has changed his mind or gone elsewhere; addressed specific zones, and stated the Zoning Ordinance needs to be amended. Diane Coler-Dark, 2857 Jackson Street, stated it is important to retain a retail mix on main floors and to continue to require use permits; a change would be detrimental to the commercial areas. December 19, 1989 Councilmember Withrow moved acceptance of the communication. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 4. 89 -980 From City of Berkeley requesting consideration of a resolution concerning repair of roadways to earthquake standards. President Corica stated the City of Berkeley wants support on earthquake standards and disaster planning. Councilman Arnerich moved acceptance of staff's recommendation to prepare the appropriate resolution for consideration on January 2, 1990. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 4. HEARINGS 89 -981 Consideration of a Planning Board recommendation concerning an amendment to Development Agreement DA -89 -1 to extend the due date for the commencement of construction of the Bay Farm Island Fire Station at Aughinbaugh Way and Mecartney Road, and Tillman Park at Aughinbaugh Way and Bridgeway Road from December 31, 1989, to March 31, 1990. President Corica stated the procedure of the hearing. The Planning Director explained 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. President Corica closed the public portion of the hearing. Councilmember Camicia moved the recommendation. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 4. Councilmember Camicia moved to consider the related ordinance. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 4. 89 -982 Ordinance No. , N.S. "Approving and authorizing execution of amendment to the Development Agreement dated April 4, 1989, between the City and Harbor Bay Village Four Associates, Harbor Bay Village Five Associates and Harbor Bay Isle Associates extending deadline for completion of Tillman Park and Fire Station." Introduced. Councilmember Camicia moved introduction of the ordinance. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 4. December 19, 1989 REPORTS AND RECOMMENDATIONS 89-983 From Chairman, Historical Advisory Board, regarding Environmental Impact Report for the Carnegie Building. Dave Plummer, 1401 High Street, Vice-Chairman, Historical Advisory Board (HAB), stated the HAB believes that since there is 1) insecurity in obtaining the Linoaks site, and 2) controversy concerning that site, this is an appropriate time to do an EIR on abandoning the Carnegie Building. Janice Grumman, 1218 Sherman Street, Member, Historical Advisory Board, stated the Board believes Council's intent is to preserve the Carnegie Building, but preserving the Building requires planning well in advance of any proposed change of its present use, and believes an EIR at this time could begin to look at the issues involving the building. In response to Councilmember Withrow's comments questioning what would be achieved at this point in time by having an EIR on the library at the Linoaks site as it would impact the Carnegie Building, the City Manager stated he believes the reasoning of the HAB is that there is a considerable amount of planning to be done on the future use of the Carnegie Building, and HAB is requesting Council start planning as soon as possible to determine other uses for the building and what is necessary to bring it to acceptable seismic strength for those uses; and the Planning Director has indicated an environmental review is appropriate but should be when, and as a part of, the EIR for the new building and not as a separate EIR. Councilmember Withrow moved acceptance of the report. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 4. 89-984 From City Manager regarding regular meetings with the Alameda Unified School District Board. President Corica stated that Councilmember Withrow initially indicated a Council subcommittee, represented by the Mayor and Vice Mayor, which would meet regularly with the School Board, would be good; and that would be his (Mayor's) recommendation. Councilmember Withrow stated the intent is for standing communication channel between the School Board and City Council, to discuss and identify problems and opportunities, and offer concrete proposals on a unified front to achieve the most for the community. Councilmember Withrow moved approval of the report's recommendation. Councilmember Camicia inquired if Councilmember Withrow wished to stipulate the Mayor and Vice-Mayor, School Board President and Vice-President meet. Councilmember Withrow so stipulated the Mayor and Vice-Mayor. December 19, 1989 3 0 Councilmember Camicia seconded the motion. Councilman Arnerich noted the report comments on a semi-monthly meeting and he would like to amend to a monthly meeting. Councilmember Withrow agreed to a monthly meeting. President Corica stated he has no problem with that, because if it is found that there is something requiring further discussion, there can be additional meetings. Councilman Arnerich agreed. The motion was carried by unanimous voice vote - 4. President Corica suggested annual or biennial meetings between the City Council and School Board be considered in the future. 89-985 From Public Works Director regarding 1-880 Cypress Viaduct Reconstruction Project. Gerhard Degemann, 19 Sandpiper Place, stated he would like to know what the proposal from the Public Works Director is about. The Public Works Director stated he has indicated [in his report) the latest studies and thinking with regard to the Reconstruction Project; staff is monitoring the matter and if action is needed, staff will bring it to Council's attention. Councilmember Camicia commented City of Oakland will be voting on the matter tonight with respect to interim and permanent roadway. Councilmember Camicia moved the recommendation. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 4. 89-986 From Fire Chief regarding lessons learned from the October 17, 1989, earthquake and suggestions for improving the City disaster preparedness. Gerhard Degemann, 19 Sandpiper Place, commented he previously suggested a joint meeting with the Alameda School District and the City so that services will not be duplicated. The Fire Chief responded there has been communication with the School District and a specific suggestion they are evaluating is to provide a liaison person in the City's Emergency Operations Center; the City Manager is the person in charge when a local emergency is declared; the School District is also improving its communication system. President Corica requested clarification that the School District liaison will be present when City staff meets for its program exercises in the Center; to which the Fire Chief responded that has been requested. Councilman Arnerich stated he is glad the Fire Chief is working with agencies including the Red Cross, Bureau of Electricity, December 19, 1989 391 Alameda Unified School District and the Naval Air Station; and noted the report reflects any people volunteered on October 17, 1989, and in the future their services will be utilized; possibly retired City workers may assist; and commended the Fire Department for the well- prepared report and the efforts being made. Mr. Degemann inquired if the Police and Fire Departments share one communication channel, to which the Fire Chief responded the City has much better communication channels and noted the number of channels in the departments plus a tactical channel. Councilmember Camicia moved acceptance of the report. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 4. RESOLUTIONS 89 -987 Resolution No. "Authorizing execution of Amendment No. 1 to the Agreement between the City of Alameda and East Bay Regional Park District for project management for Alameda South Shore Beach and Robert W. Crown Memorial Beach Improvement Project, Phases IV and V." Tabled. Councilman Arnerich moved to table this item for further study; he has several concerns, e.g., the inability of the East Bay Regional Park District to provide a bicycle path along Shoreline Drive. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 4. 89 -988 Resolution No. "Extending regrets to the Board of Education regarding November 21, 1989, Council Meeting comments and stating that Council looks forward to working together with the Board and the District." No action due to a tie vote. President Corica stated it has been demonstrated that the School Board and Council are working together and the action taken earlier in the meeting emphasizes that fact [Paragraph No. 89 -984]; and he cannot see that this resolution discussing the relationship between the two elected bodies is necessary. Councilmember Withrow commented the resolution addresses the aspects of common interest between the two legislative bodies [City Council and School Board]; and that it is before the City Council to determine whether there is majority confirmation. Councilmember Withrow moved adoption and Councilmember Camicia seconded the motion. A tie vote was cast as follows: Ayes: Councilmembers Camicia and Withrow - 2. Noes: Councilman Arnerich and President Corica - 2. Absent: Councilmember Thomas - 1. 89 -989 Resolution No. "Supporting Assembly Bill 26X concerning bridge tolls." (Councilmember Withrow) Tabled. Councilmember Camicia suggested waiting on this Bill, as this is the first of many bills that Council may wish to consider in the December 19, 1989 392 near future. Councilman Arnerich agreed, commented he had called several cities in the area, which had not yet heard of the Bill, believes more details should be obtained before voting on raising bridge tolls which would affect Alamedans. President Corica commented he hopes more persons wilf use the ferries to enlarge ridership which is very important. Councilman Arnerich commented if the Bill is brought before a meeting with East Bay Cities' Mayors, their position should be noted. Councilmember Withrow stated at some point, Council should address the degree to which automobile transportation is being subsidized in this area because that is one reason ridership cannot be maintained on public transportation; if funds can be diverted toward mass transportation, headway can be made; and he supports tabling this resolution until there is further information. Councilman Arnerich further discussed funding, and stated the legislature should delineate exactly into which fund the revenue from the increased tolls will be deposited. Councilmember Withrow suggested perhaps President Corica could be instrumental in having Elihu Harris come and meet with Council, provide information regarding this bill, and respond to questions. President Corica stated he would be glad to call Assemblyman Harris and see if he is available. Councilmember Withrow moved to table the resolution. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 4. 89-990 Resolution No. 11910 "Authorizing execution of Grant Agreement with Volunteers of America for winter shelter operations in Fiscal Year 1989-90." Adopted. President Corica commented there are fifteen speaker slips under Items No. 10 and No. 11 (89-990 and 89-991), which are all in favor of the resolutions. Councilmember Camicia suggested speakers address both resolutions at the same time. William Garvine, 3325 Constance Court, Board Chairman, Volunteers of America of Bay Area Counties, urged Council's support of the homeless shelter as administered pursuant to the recommendation of Volunteers of America. Phyllis Marshall, 2855 Jackson Street, Homeless Task Force (HTF), stated Volunteers of America has answered concerns and it appears the shelter cannot fail, however HTF will be monitoring as well as volunteering. Mark Ferro, 1529 Verdi, stated everyone can, in a small way, December 19, 1989 393 emulate Mother Teresa, Nobel Peace Prize winner, who feeds the hungry, clothes the naked and provides shelter for the homeless, by supporting the effort to help the homeless in Alameda. Rod Murray, Chairperson, Outreach Commission, Twin Towers United Methodist Church, read the names of churches and synagogue which have endorsed the shelter program and will secure volunteers to help; and thanked Council for their efforts. Sue Olmsted, 1117 Holly Street, Executive Director, Volunteers of America, Alameda County, commended the citizens of Alameda for their dedication and concern in exploring ways to meet the social concerns. Carolyn Eakin, 3161 Fiji Lane, Chapter Chairperson, Alameda Red Cross, stated the Board of Directors unanimously approved a motion to support the concept of a shelter to be managed by the Volunteers of America, and Alameda Red Cross will follow standard referral procedures in providing services. Charles Tillman, 2415 Roosevelt Drive, thanked Council for its support of the shelter; commended City Clerk and Deputy City Clerk for their work in the City Clerk's Office, commended Council for its work, and extended his wishes for a happy holiday season. Councilmember Camicia moved adoption of the resolution. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 4. 89-991 Resolution No. 11911. "Authorizing negotiation and execution of contract with Volunteers of America for winter shelter, funded by affordable housing monies." Adopted. Councilmember Camicia moved adoption of the resolution. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 4. President Corica thanked persons in the audience for their work for, and support of, the shelter. Virginia Krutilek, Chairman, Alameda Homeless Network (AHN), stated the AHN Board of Directors met with a Volunteers of America representative; read a Statement of the Board supporting what they consider to be an excellent VOA proposal; and noted the AHN will assist wherever possible. FINAL PASSAGE OF ORDINANCES 89-992 Ordinance No. 2468. N.S. "Amending the Alameda Municipal Code by amending Title XX thereto pertaining to Affordable Housing requirements for new and expanded development and the procedures therefor." Adopted. Councilmember Camicia moved final passage. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 4. December 19, 1989 394 NEW BUSINESS 89-993 Councilmember Withrow extended Season's Greetings to the Mayor, Council, and staff; also extended best wishes to the City Attorney upon her forthcoming marriage to Jim Foster. President Corica added comments of congratulations and best wishto the City Attorney. 89-994 Councilman Arnerich expressed his gratitude to Mr. David Plummer for his diligence in obtaining funding to replace a stolen Lincoln Park plaque memorializing where Indian markers once were. 89-995 Councilman Arnerich announced that he will be looking at the new Bonfare Market in Hayward on Thursday, and invited anyone interested in visiting the store to join him; and extended lost wishes for the season to everyone. ORAL COMMUNICATIONS, GENERAL 89-996 Richard Roth expressed concern with the Community Improvement Commission's acceptance of a report on boundaries of the West End Community Improvement Commission Project Area without comment or guidelines to staff. The City Manager stated he will respond to Mr. Roth's concerns in writing, with copies to the Commissioners. 89-997 David PlImmer requested the Mayor to write to the Governor expressing the importance of the Alameda ferry service. President Corica stated he is receiving any similar requests and is working on the matter, however the ridership is decreasing Lind it is crucial that people use the ferries. Councilmember Camicia commented the holiday season is a poor time to test the ferry system. ADJOURNMENT President Corica adjourned the meeting at 9:18 p.m. with bst wishes for a happy and healthy holiday season. Respectfully submitted, IANE B. FELS H, CMC City Clerk The agenda for this meeting was posted 72 hours in advance in accordance with the Brown Act. December 19, 1989