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1989-01-17 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY JANUARY 17, 1989 89 -032 The meeting convened at 7:30 p.m. (at the conclusion of the Closed Session to discuss Seavers v. City of Alameda; and the Community Improvement Commission Meeting) with Acting President Thomas presiding. The Pledge of Allegiance was led by Councilman Arnerich. Reverend Robert Keller, Twin Towers United Methodist Church, gave the invocation. ROLL CALL - Present: Councilmembers Arnerich, Camicia, Monsef, and Acting President Thomas - 4. Absent: President Corica - 1. MINUTES Councilmember Monsef made a motion to approve the minutes of the Regular Council Meetings of December 20, 1988 and January 3, 1989; Special Council Meetings of December 22 and December 30, 1988. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 4. SPECIAL ORDERS OF THE DAY 89 -033 Presentation by Mayor of the Employee Excellence Award. Vice -Mayor Thomas presented a $50 Savings Bond to Lucille Harrison; Councilman Arnerich introduced Ms. Harrison's family and presented the plague to Ms. Harrison. Vice -Mayor Thomas and Councilman Arnerich expressed their gratitude for, and appreciation of, Ms. Harrison's forty -five years of service. Ms. Harrison expressed her thanks to Council. Charles Tillman, 2415 Roosevelt Drive, commented on Ms. Harrison's presence and suggestions at the formation meeting of the Mastick Senior Center in 1957, and her continued capable participation. William McCall, Sr., 1105 Mound Street, former Mayor of Alameda, commended Ms. Harrison on her many year of dedication to the City. CONSENT CALENDAR At the request of Acting President Barbara Thomas, Items No. 1 -B, report submitting Investment Portfolio Report (See 89 -054), 1 -G, resolution supporting School Bond Issue for rehabilitation and construction of schools (See 89 -057), and 1 -H, resolution supporting School Bond Issue for rehabilitation of the Kofman Auditorium (See 89 -058), were moved to the regular agenda for Council consideration. January 17, 1989 14 Councilmember Monsef moved approval of the Consent Calendar, with the exception of the items noted in the preceding paragraph. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 4. Items so enacted or adopted are indicated by an asterisk. REPORTS AND RECOMMENDATIONS *89-034 From City Manager recommending waiver of fees for processing variance application for Church of the Nazarene. Accepted. *89-035 From Acting Finance Director regarding sale of motorcyle, Declaration and Forfeiture Order DA 88-158. Accepted. *89-036 From Recreation and Parks Director recommending acceptance of work by Trans Bay Construction, Inc. for construction of restroom facilities at Lincoln Park. Accepted. RESOLUTIONS *89-037 Resolution No. 11637. "Authorizing application for Fiscal Year 1989-90 Rental Rehabilitation Grant Funds and authorizing execution of Certifications and Grant Agreement." Adopted. *89-038 Resolution No. 11638. "Approving application for one-time grant funds for child care coordination services from the State Department of Education." Adopted. *89-039 Resolution No. 11639. "Authorizing a grant application pursuant to the Certified Local Government Subgrant Program of the National Historic Preservation Fund." Adopted. FINAL PASSAGE OF ORDINANCES *89-040 Ordinance No. 2415, N.S. "Amending Title XVII of the Alameda Municipal Code to establish a stop sign for Magnolia Drive at Melrose Avenue." Adopted. FILING *89-041 Affidavit of City Manager and Chief of Police pursuant to Section 17-11 of the Charter of the City of Alameda. Approved. BILLS *89-042 A List of Claims, certified by the City Manager as correct, was approved in the sum of $2,410,908.89. January 17, 1989 RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 89-043 From Chairman, Concerned Citizens for Good Government, regarding the library site issue. Accepted. Betty Johnson, 300 Coral Reef Road, stated she believes Portola Triangle should be the library site and urged Council to consider same. Karin Lucas, 415 Taylor, commented Linoaks Motel site is currently housing the homeless and is an ideal location for senior citizens; if Council wants the library on the edge of town, it would save money to use City of Alameda property; she believes the Main Library should be retained, renovated, and an annex constructed, which would save a great deal of money over the alternative proposals. Susan Correa, 1829 Santa Clara, stated an annex could be tastefully added to the Carnegie Library, which is culturally significant and conveniently located, and is a possible and practical solution. David Plummer, 1401 High Street, stated it would be a waste to tear down a building (Linoaks Motel) when it is not in poor condition, particularly when senior citizens need housing; presented a design by Randolph Langenbach, architectural historian, consultant on library renovation, and professor at University of California, Berkeley, of an annex compatible with the Main Library. Councilmember Monsef inquired how Mr. Plummer would address parking, questioned if the design presented would provide the 31,000 square feet Council had decided was necessary, and if there is new information beyond what was considered a few years ago. Mr. Plummer responded with several parking alternatives, noted that approximately 30-32,000 square feet would be provided, and stated architects have reviewed the feasibility report and disagree with a number of items in it, and at this time, there are innovative architects who have renovated historic libraries who can provide a fresh approach. Councilman Arnerich commented that, at the meeting [Joint Work Session between the City Council and the Library Board of Trustees] held Friday [January 13, 1989], the number of sites was narrowed to two, the City Manager will be reporting on those, and the matter at hand is only the communication regarding the Linoaks Motel. Mr. Plummer stated the Committee to Retain the Library Building, is requesting Council to give the Carnegie Library Building, with an annex, an equal chance to compete with the other two sites. Richard Sherratt, 1138 Ballena Blvd., stated the Concerned January 17, 1989 Citizens for Good Government are very concerned the City might miss an opportunity for State Proposition 85 bond funding if the filing deadline is not met, he would hope the Carnegie building will not be taken down; Linoaks Motel does not meet parking requirements; the Portola Triangle has space for an adequate library. Paul Breitkopf, 1823 San Jose Avenue, spoke in behalf of the Carnegie Library as a library; believes it is important that the library sites not be narrowed down to two; all of the information should be brought forward and considered. Thomas Eanes, 1830 San Jose, stated Council at one time, moved to consider a library annex; citizens are due an objective look at the library; and suggested: 1) Council hire an architect experienced in renovation; 2) Council refrain from imposing arbitrary criteria, in order to avoid bias; and 3) hire an independent firm to estimate cost of the library and the cost at any other site considered. John Scott Graham, 1728 Tregloan Court, stated Council should be commended on taking action; the library is centrally located; Linoaks Motel location is not great but is better than Portola; and Portola Triangle is not suitable. Charles Tillman, 2415 Roosevelt Drive, stated he would like some information on replacement of senior citizen housing, and it is incumbent upon Council to get additional information on 50 units of housing which is much needed in this City. Greg Beattie, 1023 Morton, stated that because of the funding presently available, it is incumbent upon everyone to look at all the alternatives; there should be preservation of the unique architecture Alameda has; and requested Council consider seriously the proposal to build an annex to the existing library. Alice Challen, M.D., 2601 La Jolla, requested Council consider her opposition to the Portola Triangle; it is located in a heavy traffic area; busses do not run often; older people who take public transportation and do business downtown should be considered; only people who have a car could make good use of a Portola Triangle library. Arthur Lenhart, (address not available), stated he believes what is important, is to make some progress toward a library site; must take the opportunity for state funding; and a library at the Linoaks Motel site would be expensive. Gerhard Degemann, 19 Sandpiper Place, stated a new library is overdue, and should be in the Civic Center where there is available transportation; should not build any building on the Portola Triangle but preserve the open space. Councilmember Thomas stated this matter has gone on for years through a number of Councils; work is being done on it, and Council can use all the input it receives. January 17, 1989 Councilman Arnerich stated Council is concerned; Council has instructed the City Manager to report back with information regarding the sites; when the City Manager reports, then Council may need to consider other alternatives but there will be action and not procrastination on this issue. Councilmember Monsef stated Council has not set a policy to place the library next to the present site, the only policy Council set was to have a new library; he reviewed previous Council consideration of the Carnegie building, noted Council has decided on two potential sites at the moment: Linoaks Motel and Portola Triangle; Council must move ahead, hear and decide upon the report; and he made a motion to accept the communication. Councilmember Camicia seconded the motion. Councilmember Camicia stated funding is now available and he would like to have a decision by the next meeting; that perhaps there should be a special meeting on the 31st. The City Manager stated a report could be provided for a special meeting or for the February 7th Council Meeting; and there have been some negotiations with the Linoaks Motel owner, and the appraisal has been forwarded to Council. The motion was carried by unanimous voice vote - 4. Vice-Mayor Thomas commented the date for a meeting could be decided later. 89-044 From Pam Bell, Alameda, concerning the City's commitment to affordable housing and the rights of tenants and landlords. Accepted. Ms. Bell stated when persons attempt to rent a new apartment, the first question asked is why the renter left the previous apartment, and it is, at the least, a common courtesy that landlords should give a reason for eviction. Clayton Guyton, 457 Buena Vista Avenue, stated tenants should have the right to know why they are being evicted; if no reason is given for eviction, there is no defense in court; and urged Council to take a stand. E. Tatefa, c/o 1623 Grand Street, stated he supports "just cause" for eviction; if there are rights for landlords, there should be "just cause" for eviction, and he also supports affordable housing. Bonny Moore, 627 Lincoln Avenue, stated she believes the "just cause" for eviction resolution was extremely reasonable, feels very strongly about the matter, and hopes Council will reconsider. John Barni, Sr., 1380 East Shore Drive, stated if persons are dissatisfied with the law, it should be taken up with the State January 17, 1989 18 and Washington D.C.; the City Council should not get involved in what is not under their jurisdiction. Councilmember Camicia stated he intends to bring the resolution back under Unfinished Business. Councilmember Monsef stated that everyone has rights, both landlords and tenants, but the relationship between landlords and tenants is a private one; does not want to see City of Alameda set a policy to interfere in that relationship as that would be one step more to government control. Councilmember Monsef made a motion to accept the communication. Councilman Arnerich seconded the motion and it was carried by unanimous voice vote - 4. 89 -045 From Regional Administrator, U.S. Department of Housing and Urban Development, San Francisco, announcing that the City of Alameda has been selected to receive an Award of Excellence for outstanding performance in the Rental Rehabilitation Program for Fiscal Year 1988. Accepted. Councilmember Thomas stated the award is a compliment to the Community Development Department. The Community Development Department Director stated the award was for keeping existing affordable rental units affordable; the department works in close harmony with the Housing Authority which also deserves recognition. Councilmember Camicia made a motion to accept the communication. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 4. HEARINGS 89 -046 Consideration of an Ordinance which requires fire resistive roofs and the installation of spark arresters. (Continued to February 7, 1989) The Fire Chief explained the ordinance, noting it requires a Class C roof on new construction; a Class C roof when reroofing occurs; and spark arresters on all new and existing buildings. The cost of the fire arresters was discussed. The public portion of the hearing was opened. On the call for proponents, the following persons spoke: Don Roberts, 880 Portola Avenue Gerhard Degemann, 19 Sandpiper Place On the call for opponents, there were none. January 17, 1989 The public portion of the hearing was closed. Councilmember Camicia made a motion to take the related ordinance out of order. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 4. 89 -047 Ordinance No. , N.S. "Amending Ordinance No. 2265, New Series, adopting by reference the Uniform Building Code, 1985 Edition, by amending Section 3202 (B) of Chapter 32, Section 3210 of Chapter 32, and Chapter 3703 -F of Chapter 37 and making findings therefore regarding fire protection for roofs and chimneys." Introduced. Councilman Arnerich stated he supports the first two amendments [in Chapter 32, Uniform Building Code, 1985 Edition] but not the third item [in Chapter 37, Uniform Building Code, 1985 Edition]; noted the many old Victorian homes in Alameda and many owners on fixed incomes, discussed the cost of installation, believes it will be considerably more than estimated in the report, and stated he would like the requirement, to install spark arresters, to apply when the home is sold to a new person; he is not against protection but does not want to burden the homeowners; and he is totally opposed to mandatory spark arresters for all homes. Acting President Thomas stated she agrees with Councilman Arnerich's thoughts but not the method of striking the entire section; sees the need for spark arresters in a shake roof, and does not see the cost of $200 as being overwhelming; smoke detecters are well worth the cost; would like to know if there is some way to solve the cost factor for those who cannot pay; and suggested if this is not supported on a City -wide basis that in those areas where shake roofs are prevalent, spark arresters be put in. Councilman Arnerich stated he does not want to rule out the necessity of spark arresters but he does not want it to be a burden; believes $200 is quite a lot of money to people on fixed incomes, arresters are good, but if installation of spark arresters is to be mandatory, that can be done upon sale of property. The matter of smoke detectors, requirements, enforcement, etc., was discussed. Following discussion on the cost of installing spark arresters, Councilmember Monsef stated as a matter of safety, perhaps Council should give more time to the public to be aware of the fact that the requirement is coming up and will have a cost impact on them; and likes the proposal as it is a matter of safety. The Fire Chief stated the reason the matter was brought before Council is because of citizen concern and the number of fires in the last few years. Councilman Arnerich stated he does not believe the spark arresters, at an expense to everyone, are justified at this time; January 17, 1989 and he would like a little more time to check on the cost of reliable spark arresters. Councilmember Camicia made a motion to introduce the ordinance and direct staff to produce a plan to publicize the ordinance, and prepare guidelines on the qualifications of, and specifications for, spark arresters. Acting President Thomas added that staff should investigate the feasibility of requiring an arrester either upon sale of property, re-roofing or chimney repair. Councilmember Camicia accepted the addition; Councilman Arnerich seconded the motion and it was carried by unanimous voice vote -4. Councilmember Camicia made a motion to continue the hearing. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 4. 89-048 Consideration of proposed Negative Declaration, IS-88-19, and Zoning Text Amendment, ZA-88-6, to add Sections 11-1326(a)(11) and 11-1330(b)(18), and to amend Sections 11-1330(b), 11-1331(b), 11-1334(b)(10) and 11-1335(f), regarding administrative, professional and other offices, and medical and related facilities in A-P, Administrative Professional, C-1, Neighborhood Business and C-2, Central Business Zoning Districts. Acting President Thomas explained 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. The public portion of the meeting was closed. Councilmember Monsef discussed with the Planning Director the need that initiated the move to change the ordinance. Councilmember Camicia stated he began this move to change the ordinance because of the problems of a number of optometrists in competition with new large franchise operations; and he believes this amendment is helpful for small businessmen to do business. Councilmember Camicia made a motion to approve the Negative Declaration. Councilman Arnerich seconded the motion and it was carried by unanimous voice vote - 4. Councilmember Camicia made a motion to take the related ordinance out of order. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 4. 89-049 Ordinance No. , N.S. "Amending Chapter I, Title XI (Zoning) of the Alameda Municipal Code relating to administrative, professional and other offices, and medical and related facilities." Introduced. January 17, 1989 Councilmember Camicia made a motion to introduce the ordinance. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 4. REPORTS AND RECOMMENDATIONS 89-050 From City Attorney regarding Contract Services. Accepted. The City Attorney gave the background of the matter, noting the caseload is getting much heavier, he has been handling the legal services alone for a long time; with the increase of litigation, it has been necessary to have some of the work done by litigation specialists and he must spend a great deal of time with them; and the question is whether it would be feasible, adviseable, or desireable to join with a litigation law firm to make the coordination of the litigation and non-litigation matters more integrated, and further discussed a possible contract relationship with Mr. Mitchell, who is currently assisting in litigation. Acting President Thomas noted the change would be: going from a general practitioner to more specialization, expanding the breadth of the knowledge and expertise at the City's disposal, but there would be a loss of some of the detailed attention currently given. Councilman Arnerich stated the City Attorney has written a fine summary and has recommended that the City Manager evaluate the proposal in terms of the needs of the organization, and present his conclusions and recommendations at the next Council Meeting. Councilman Arnerich made a motion that the City Attorney's report and recommendation be accepted. Councilmember Camicia stated he agrees with the concept, but he wants to make sure the process is kept open, and perhaps open up to bid, and evaluate firms. Councilmember Monsef stated he agreed with Councilmember Camicia in concept, but because of lawsuits the City has, Council should go ahead; Mr. Mitchell has worked with the City and lives in Alameda, and he would like to go ahead with Mr. Mitchell, but the contract should have a termination date and options should be open in the future; and the City does need more expertise available because of increasing suits. Councilmember Monsef seconded the motion. Councilmember Camicia stated he would like agreement that there will be some steps to open up the process. Councilman Arnerich stated there are three weeks before the next meeting, during which time Council can meet and discuss concerns. Councilmember Camicia stated he wants to be sure this is opened up to anyone who wants to make a bid. January 17, 1989 Acting President Thomas stated at this point in time, there is so much litigation that the firm of Meyer and Mitchell is handling and for them to give up the litigation would cause duplication and be costly. The City Attorney clarified he was not recommending another set of Municipal lawyers, what is needed are litigators. Rich Sherratt, 1138 Ballena Blvd., commented the City Attorney position is a chartered position; Council has the authority to hire and fire; and he would hope the law firm has the qualities the people of Alameda can look at and decide whether it is better to have contract services or keep the City Attorney in-house or try something else. Councilman Arnerich stated this is all in a discussion stage; the City Manager will evaluate and come back in three weeks. Acting President Thomas stated the City Attorney works for Council; Council is not changing lawyers; but is looking toward saving money, and simply changing format. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 4. 89-051 From Assistant City Manager submitting the name of Lloyd Hurwitz for confirmation as Chair of the Strategic Planning Committee. Accepted. Councilmember Monsef made a motion to accept the report and recommendation. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 4. 89-052 From Planning Director on survey results of neighborhood preservation/beautification ordinances in other communities, and possible changes to the Alameda Municipal Code relating to such regulations. Accepted. The Planning Director explained the subject, noting there are a variety of approaches to this type of ordinance, the process of drafting the ordinance should be on a slow and methodical basis, fully enlisting the citizens for their goals and thereby gain their support; there will be a substantial increase of workload and possible need of additional staff; and input of Council is critical. Councilmember Camicia inquired what is suggested for a next step, would it possibly be a financial projection, to which the Planning Director responded input from Council is desireable concerning the range of options, for example, perhaps exploration of a full-range ordinance with regulation, or, facilitating the regulations in place. Councilman Arnerich stated he would like to see a less intensive program so that it will not require a lot of government control; he would not mind a beautification program, but does not want a January 17, 1989 23 lot of legislation. Councilmember Monsef stated he would like beautification with some type of guidelines, not creating government control but some kind of encouragement to maintain properties to bring up the value of Alameda; and perhaps the City Manager and the Planning Director could provide some options, which would not intervene in daily affairs but for the good of the City. Councilmember Monsef made a motion to accept the report and direct staff to keep options open and report back with some plans and programs on a long-term basis, to deal with the issue. Councilmember Camicia added that perhaps Council's intent is to obtain a less intense, low-level program. Councilmember Monsef agreed. Councilman Arnerich commented there will be the advantage of learning what other cities have been doing that has or has not worked and he would like the report to cover that. The motion was carried by unanimous voice vote - 4. 89-053 From Acting Public Works Director regarding proposed ferry service for Alameda. Accepted. Steven Brimhall, Doric Development, 1141 Harbor Bay Parkway, reviewed the background of attempts to provide ferry service; that 15 years and $1,000,000 was spent in studying this matter; there is merit in merging interests; and suggested Council consider directing that staff and Harbor Bay work together to see if interests can be merged; perhaps Harbor Bay may be interested in pursuing with the City ferry service to other parts of town; and he has no problem sharing with the City staff what they have already learned in the process. Donald E. Seaman, North Star Ferry Line, 376 Ignacio Blvd., Novato, CA 94949, stated he is in favor of all four recommendations in the staff report. Acting President Thomas stated she sees no problem with staff proceeding to draft a Request for Proposal with input from Harbor Bay or anyone else who wants to offer input, and inquired of the Acting Public Works Director if that would be a possibility. The Acting Public Works Director responded that is a good suggestion; staff has been working with Harbor Bay Isle and would like to continue to work from their knowledge of ferry service which they have gained in the last few years. Councilmember Camicia made a motion to approve the recommendation. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 4. 89-054 From Acting Finance Director submitting Investment Portfolio Report as of December 31, 1988. Accepted. January 17, 1989 Acting President Thomas stated she would like some input on the investment in Savings & Loan Associations and a review of insurance on City deposits might be in order. Councilmember Monsef stated he would like such a report. The City Manager stated there is normally, on investments, a guarantee up to $100,000, but the City deposits are collateralized. Acting President Thomas stated she would like answers on the next finance report, other than that, she has no objections to the investments made. Councilmember Monsef made a motion to accept the report and direct staff to provide more information in the next report. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 4. Councilman Arnerich commented he believes the followup suggested is well worthwhile. RESOLUTIONS 89 -055 Resolution No. 11640 "Supporting legislation to withhold federal aid to the Oakland Airport until noise reduction is accomplished." Adopted. Councilmember Monsef commented he requested the resolution be put on the agenda as the noise level is not being reduced but is increasing, and the airport is really a regional matter. Councilmember Monsef made a motion to adopt the resolution. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 4. 89 -056 Resolution No. "Amending the City Cooperation Agreement with Marina Village." Not heard. Acting President Thomas announced this resolution had been pulled. 89 -057 Resolution No. 11641 "Supporting the Alameda Unified School District Bond Issue on the March 7, 1989, General Municipal Election Ballot for rehabilitation of all Alameda schools and the building of new facilities." Adopted. Acting President Thomas stated she had requested this resolution be pulled from the Consent Calendar and placed on the regular agenda because she has some questions about the bond issued it is for $47,000,000, a large tax increase, believes there are many alternatives; listed a number of alternatives, e.g. use of CDBG funds for child care, etc.; the bond is for equal facilities not equal education; will not support a bond issue unless she can analyze it, study it and stand behind it wholeheartedly, and will abstain from voting on the resolution. January 17, 1989 2' Councilmember Monsef stated it might not cost $47,000,000 to do the work but believes the children are entitled to a safe place to go to school, would like to support it because it has to do with education, and the judgment should be left to the voters. Councilmember Monsef made a motion to adopt the resolution. Councilmember Camicia seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia and Monsef - 3. Noes: None. Absent: None. Abstentions: Acting President Thomas - 1. 89-058 Resolution No. 11642 Supporting the Alameda Unified School District Bond Issue on the March 7, 1989, General Municipal Election Ballot for rehabilitation and improvement of the Kofman Auditorium to enhance facilities for student and community use." Adopted. Councilmember Camicia made a motion to adopt the resolution. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 4. INTRODUCTION OF ORDINANCES 89-059 Ordinance No. , N.S. "Amending the Alameda Municipal Code by amending Title XVII thereof removing the traffic signal at Buena Vista Avenue and Eighth Street." Introduced. Councilmember Camicia made a motion to introduce the ordinance. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 4. 89-060 Ordinance No. , N.S. "Authorizing acquisition of an 0.19 acre public art parcel from Alameda Real Estate Investments." Introduced. Councilmember Camicia made a motion to introduce the ordinance. Councilman Arnerich seconded the motion and it was carried by unanimous voice vote - 4. 89-061 Ordinance No. N.S. "Amending the Alameda Municipal Code by amending various sections of Article 1, Chapter 3, Title II thereof, relating to public improvements subject to reimbursement agreements." Not heard. Acting President Thomas announced this item has been held over. UNFINISHED BUSINESS: 89-062 Councilmember Camicia requested Council's reconsideration of the resolution "Affirming the City of Alameda's commitment to Fair Housing Rights and Opportunities and encouraging rental property owners to give tenants reasons for terminating occupancy" and moved to adopt the resolution, noting when it was heard previously it had failed for lack of a second; and added that he is only asking that there be affirmation that this City's policy January 17, 1989 is in accordance with the Civil Rights Act of 1968. Councilmember Monsef stated the Civil Rights Act of 1968 is the law of the land and does not believe it is his position to make a ruling on it; it is the law of the land and it speaks for itself. Acting President Thomas agreed. Councilman Arnerich agreed and stated he does not believe the Act needs any further clarification. Following discussion, Acting President Thomas noted that the speakers who were requesting to speak could address Council under Oral Communications as there was a motion before Council. The motion failed for lack of a second. NEW BUSINESS 89-063 Councilmember Camicia questioned why City Hall is not closed on Martin Luther King Day; and requested a staff report on the cost of including it as a City holiday. ORAL COMMUNICATIONS, GENERAL 89-064 Albert DeWitt, 1405 3rd Street, encouraged passage of a "Just Cause" Resolution. 89-065 Clayton Guyton, 457 Buena Vista Avenue, commented on various grievances related to racial prejudice, and requested Council to encourage landlords to give reasons for evictions. 89-066 Reverend Calvin, (address not available) discussed the need for government intervention in some instances, and encouraged passage of a "Just Cause" Resolution. 89-067 Mr. E. Tatefa, c/o 1623 Grand Street, supported passage of the "Just Cause" Resolution also. 89-068 Fred Scullin, 1120 Chestnut Street, discussed Oral Communications, Agenda. ADJOURNMENT Acting President Thomas adjourned the meeting at 11:25 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. January 17, 1989