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1979-01-02 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY JANUARY 2, 1979 Convened at 7:30 o'clock p.m. with President Corica presiding. Pledge of Allegiance led by Councilman Sherratt; Invocation delivered by Reverend Lee Williamson, Pastor, Court Street Methodist Church. RCLL CALL: Present: Councilmen Beckam Diament, Sherratt, Tillman, and President Corica, (5). Absent: None, MINUTES: The minutes of the regular meeting held December 19, 1978, were approved as submitted. Note: The proceedings of City Council meetings are taped in their entirety. Tapes are on file in the Office of the City Clerk. WRITTEN COMMUNICATIONS: 79-1 From Mrs. Alberta Brooks Peterson, 1328 East Shore Drive, requesting approval of a revocable permit for a concrete deck adjacent to pool. Following a brief discussion, Councilman Sherratt moved the request be referred to the file, to be addressed along with similar requests at the time of the CLUP hearings, and that Councilman Beckam's verbatim comments be included in the file for discussion, seconded by Councilman Diament, carried on unanimous voice vote. 79-2 From the State Department of Justice concerning claim of the Southern Pacific Transportation Company, Fiscal Year 1978-79. Councilman Beckam moved the claim be rejected in order that all claims might be handled as one case, seconded by Councilman Diament, carried on unanimous voice vote. 79-3 From Mr. Robert M. Brewer, 2045 Buena Vista Avenue, concerning the lease between the City and the Alameda Belt Line. Mr. Brewer made a presentation on his concerns about the repair work done by the Belt Line on Clement Avenue. He urged that the Council require the Belt Line to make further repairs. The City Engineer made a verbal status report on the subject. REPORTS AND RECOMMENDATIONS: 79-4 From the Public Utilities Board, signed by the Secretary, recommending support of the Association of Bay Area Governments' application to the Environmental Protection Agency for funds to conductan air quality rules and regulations study. Councilman Sherratt moved acceptance of the report and concurrence with the Public Utilities Board's application, seconded by Councilman Beckam, carried on unanimous voice vote. ' President Corica requested a report from staff and the Bureau of Electricity on the ABAG Air Quality Control Program prior to the January 13 ABAG General Assembly meeting. 79-5 From the Planning Board, signed by the Secretary, submitting a recommendation On rezoning petition R-78-7, a reclassification from C-1, Neighborhood Business District, to R-2, Family Residential District, for property at 900 Central Avenue. ` A hearing date was set for January 16, 1979, 79-6 From the Planning Board, signed by the Secretary, submitting a recommendation on rezoning petition R-78-3, a reclassification from R-1-PD, Single-Family District with a Planned Development overlay, to R-2-PD, Two-Family Residential District with a Planned Development overlay, for Lot 2, Tract 3773, and Lots 6, 7, 8, 10, 11, and 12, Tract 38I0, at Harbor Bay Isle. A hearing date was set for January 18, 1979. 79-7 From the Assistant City Manager regarding a request of the Social Service Human Relations Board for a joint meeting. A joint special meeting was scheduled for January 25, 1979, at 7/30 o'clock p.m. 79-8 From the City Treasurer, regarding disposition of a check received from Ms. Betty Barry Deal, 1201 San Antonio Avenue, in lieu of City taxes. Councilman Sherratt moved the money be accepted with gratitude, a letter of appreciation be sent to Ms. Deal, and the funds be deposited in the General Fund; seconded by Councilman Beckam, and carried on unanimous voice V0te, 79-9 From Councilman Tillman and Planning Director Patterson, regarding the San Leandro Bay Transportation Study. The Council requested a presentation be made by Councilman Tillman at the meeting of February 6, I979. 79-10 From the City Manager submitting a recommendation on the Final Map for Tract No. 3841 - Central Area of Village III. Consideration of this item and the resolution on the subject was held over to the meeting of January 16, 1979. 79-11 From the City Attorney regarding drug paraphernalia. President Corica suggested a resolution be prepared expressing the Council's view opposing continued sale of such items in the City, to be sent to State Legislators in an attempt to stimulate passage of more stringent controls. Following further discussion, Councilman Didment moved the Council send letters to establishments known to be selling drug paraphernalia asking them to desist, seconded by Councilman Sherratt, carried on unanimous voice vote. Councilman Sherratt moved the City Attorney be directed to prepare the resolution suggested by President Corica, to be sent to State Legislators and to various divisions of the League of California Cities, seconded by Councilman Diament, carried on unanimous voice vote. 79-12 From the Assistant to the City Manager transmitting a report on Section 23 and Section 8 funding for property at 1317 Pacific Avenue. Discussion followed on (1) the possibility of selling the property, (2) having the Housing Authority acquire it, or (3) using third year HCDA funds to rehabilitate both units. Councilman Beckam moved the Assistant to the City Manager report on the feasibility of reprogramming some third year funds as suggested, seconded by Councilman Sherratt, and carried on unanimous voice vote. UNFINISHED BUSINESS: 79-13 President Corica noted a letter had been received from Mrs. Elector Littlejohn, 3225 Madison Street, requesting permission to hold a ceremony in honor of Martin Luther King, Jrs.'s birthday on January 15 from 1:00 to 2:00 p.m. on the front steps of City Hall. Councilman Sherratt moved approval of the request, seconded by Councilman Beckam, and carried on unanimous voice vote. 79-14 Councilman Tillman commented on the delay in the completion of CLUP. Councilman Sherratt moved the Planning Board be notified that the Council would like their deliberations completed by February 14, so the Council hearing may be held at the first meeting in March. The motion was seconded by Councilman Diament and carried on unanimous voice vote. 79-15 Councilman Diament commented on the Planning Board's scheduled reconsideration of an EIR for the Patton Way Project at the meeting to be held January 3, 1979. She moved the Council direct the Board to hear the issue and reach a decision at that meeting. The motion was seconded by Councilman Tillman, and carried on the following voice vote: Ayes: Four. Noes: Councilman Beckam, (1). Absent: None. 79-16 Councilman Diament commented on the possibility of the State Legislature returning an additional ld of the State sales tax revenue to cities and counties. Councilman Sherratt moved a resolution favoring this legislation be prepared for the next meeting to be sent to the city's representatives, seconded by Councilman Diament, and carried on unanimous voice vote. 79-17 Councilman Tillman commended employees at the City Pound for their excellent work and reports. RESOLUTIONS: 79-18 "Resolution No. 9031, Designating Firms Authorized to Perform Towing Services Of Abandoned and Unlawfully Stored Vehicles." Adopted by motion made - Councilman Beckam, seconded by Councilman Diament, and carried on the following roll Call vote: Ayes: Five. Noes: None. Absent: None. 79-19 "Resolution No. 9032, Calling a Special Election in the City Alameda for the Purpose of Submitting to the Electors Thereof the Question of Whether Publicly Assisted Housing for Low and Moderate Income Persons, Including the Elderly or Disabled, Should Be Constructed in the City of Alameda; Fixing the Date of Said Election, the Manner of Holding Same, and Providing for Notice Thereof; and Consolidating Said Special Election With the General Municipal Election to be Held in Said City OD March 6, 1979." ~ Mr. Russ Sisung, 221 Sant a Clara Avenue, spoke in favor of placing Measure H on the ballot, but recommended voters not pass the measure. Mr. Fred Scullin, 1120 Chestnut Street, spoke in favor of passage of the measure. He indicated he would be willing to sign a ballot argument in favor. City Attorney stroud suggested the resolution be amended by deleting Item 3 in the body of the measure, reading: "At least as many dwelling units as used for subsidized housing on said site shall be removed from the Makassar Straits project on Webster Street." Councilman Sherratt moved adoption of the resolution, as amended, seconded by Beckam, and carried on the following roll call vote: Ayes: FiY8, Noes: None. Absent: None. Councilman Sherratt moved staff be directed to prepare a ballot argument in favor of the measure, for approval and signature by the Council, seconded by Councilman Beckam, and carried on unanimous voice vote. INTRODUCTION OF ORDINANCES: 79-20 "Ordinance No. 1947, N. S., Amending the Alameda Municipal Code by Sections 17-362 and 17-385 of Chapter 3, Title XVII Thereof, Relating to the Towing and Removal of Abandoned, Unlawfully Stored or Unlawfully Parked Vehicles." Introduced and passed by motion made by Councilman Diament, seconded by Councilman Sherratt, and carried on the follow4ng roll call vote: Ayes: FiYe, Noes: None. Absent: None. 79-21 "Ordinance No. , N.3., Amending the Alameda Municipal Code by Sections I7-31I and 17-32I Relating to Outdated or Preempted Parking Regulations." Introduced by motion made by Councilman Beckam, seconded by Councilman Diament, carried On the following roll call vote: Ayes: Five. Noes: None. Absent: None. 79-22 "Ordinance No. , N,S,, Amending the Alameda Municipla Code by Repealing Sections 16-511, 16-5I2, 16-5I7, 15-521, 16-522, 16-523, 16-524, and 16-525 Relating to Outdated or Preempted Dangerous Weapon and Firearm Regulations." Introduced by made Councilman Tillman, seconded by Councilman Beckam, carried on the - following roll call vote: Ayes: Five. Noes: None. Absent: None. 79-23 "Ordinance No. , N.S., Amending the Alameda Municipal Code by Adding Section 13-154.1 Thereto to Prohibit Sales Activities During a Ten-Day Processing Period of Interstate Commerce License Exemption Statements." Introduced by motion made by Councilman Tillman, seconded by Councilman Beckam, carried on the following roll call vote: Ayes: Five. Noes: None. Absent: None. Councilman Sherratt suggested the Treasurer's office send explanatory letters to those organizations known to apply yearly for such permits. ORDINANCES FOR PASSAGE: 79-24 "Ordinance No. 1948, N.S„ Amending the Alameda Municipal Code by Adding Section 9-1412.1 to Article 4, Chapter 1, Title IX Thereof Relating to Control of Dogs and Control and Removal of Dog Feces on Public or Private Property." Councilman Diament moved passage of the ordinance, seconded by Councilman Beckam. In response to a question from Councilman BecRam, City Attorney Stroud stated the ordinance could be amended to provide, in Section 4, that a summary of this ordinance and the leash ordinance be given to all persons receiving licenses. On a call for the question, the motion carried on the following roll call vote: Ayes: Five. Noes: None. Absent: None. Councilman Beckam moved the City Manager be directed to implement an administrative procedure for issuance of summaries of the ordinances and an acknowledgement of receipt of such summary by those purchasing licenses, seconded by Councilman Sherratt, and carried on unanimous voice vote. BILLS: 79-25 An itemized List of Claims, certified by the City Manager as correct, in the total amount of $68,439.62, was presented. Councilman Diament moved the bills as itemized in the List of Claims filed with the City Clerk on December 29, 1978, be allowed and paid; seconded by Councilman Beckam, and carried by unanimous voice vote. ORAL COMMUNICATIONS, GENERAL: 79-26 City Attorney Stroud requested permission to join,as a friend of the court, a case in the rinth Circuit Court of Appeals involving posting of political signs on public property. Councilman Sherratt moved the request be granted, seconded by Councilman Diament, and carried on unanimous voice vote. ADJOURNMENT: There being no further business to come before the meeting, the Council adjourned at 9:00 o'clock p,m., to meet in regular session on Tuesday, January 16, 1979, at 7:30 o'clock p.m. Respectfully submitted, City Clerk