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1978-12-19 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY DECEMBER 19, 1978. Convened at 7:30 o'clock p.m. with President Corica presiding. Pledge of Allegiance led by Vice Mayor Diament; Invocation delivered by Don Taylor, P45tOr, Central Baptist Church. ' ` ROLL CALL: Present: Councilmen 88ckam,Dia0ent, Sherratt, Tillman, and President Corica, (5). Absent: None. MINUTES: The minutes of the regular meeting held December 5, 1978, were approved as submitted. Councilman Sherratt moved Resolution No. 2 be taken out of order, seconded by Diament, and carried on unanimous voice vote. ~ RESOLUTIONS: 1. "Resolution No. 9015, Appointing Member of the City Planning Board." (Robert by M. Wood). Adopted by motion made by Councilman BeckO0, seconded Councilman Sherratt, and carried on the following roll call vote: Ayes: Five. Noes: None. Absent: None. Upon request, the Deputy City Clerk administered the Oath of office to Mr. Wood. WRITTEN COMMUNICATIONS: 2. From Mrs. Blanche E. Anderson, City employee, concerning payment of vacation time. Councilman Sherratt moved that Mrs. Anderson and other employees who had taken demotions or salary cuts as a result of cutbacks due to passage of Proposition 13 in June 1978, be given the difference in pay for vacation time earned prior to the salary cuts, seconded by Councilman Diament. The motion carried on the following voice vote: Ayes: Three, Noes: Councilmen Beckam and Tillman, (2). AbsSht: None. 3. From Mrs. Lillian E. Hoffman, 1510-A Morton Street, requesting Cable TV service. The City Manager was requested to prepare a report, including information on the experiences of surrounding cities with the service. 4. From Mr, Doran D. Emerson, 1003 Camino Del Valle, concerning Alameda City rate increases. ^ The communication was received. Councilman Tillman suggested the letter be considered at the conclusion of the six month trial period for the new rates. 5. From the HCDA Citizens' Advisory Group regarding the site acquisition utilization project. Mr. Frank Phillips, 16I4 Bay Street, spoke in support of retention of the v participation in the HCDA program. Councilman Sherratt moved the communication be received and referred to discussion of the report on the subject, seconded by Councilman Diament, and carried on unanimous voice vote. REPORTS AND RECOMMENDATIONS: 6. From the Auditor-Assessor requesting refunds of real and personal property erroneously levied. ` Councilman Beckam moved acceptance of the report and the resolution be taken out of Order, seconded by Councilman Sherratt, and carried on unanimous voice vote. RESOLUTIONS: 7. "Resolution Nn' qOl6, Ordering Refund of Real and Personal Property Erroneously Levied and Collected." Adopted by motion made by Councilman ~ Beckam, seconded by Councilman Sherratt, and carried on the following roll call vote: Ayes: Five. Noes: None. Absent: None. - REPORTS AND RECOMMENDATIONS: 8. From the City Manager concerning the Alameda Breakwater Public Access Project. Councilman Sherratt moved adoption of the report and the City Manager explore the possibility of using the Dwelling Unit Tax or Tidelands Trust funds for the project, seconded by Councilman Beckam. The motion carried on unanimous voice VOt2, Councilman Tillman suggested the ramp be named for former mayor William McCall. 9. From the City Manager regarding the Cooperative Agreement for Operation and Maintenance of the Alameda Angling Access Area. Councilman Beckam moved acceptance of the report and the resolutions be taken out of order, seconded by Councilman Sherratt, and carried on unanimous voice vote. RESOLUTIONS: 10. "Resolution No. 9017, Authorizing Execution of Amendment Number 1 to Cooperative Agreement for Operation and Maintenance of Alameda Angling Access Area Between the City and the State of California, Department of Fish and Game." Adopted by made Councilman Beckam, seconded by Councilman DiOment, and carried on the following roll call vote: Ayes: Five. Noes: NODe, Absent: None. 11. "Resolution No. 9018, Authorizing Execution of Amendment Number 1 to Standard Form for Leases, Alameda Angling Access Area, Between the City and the State of California Director of Finance." Adopted by motion made by Councilman Beckam, seconded by Councilman Sherratt, and carried on the following roll call vote: A«es: Five. Noes: NoDS, Absent: None. ^ REPORTS AND RECOMMENDATIONS: 12. From the Assistant to the City Manager regarding the Senior Citizens Center as it relates to the Third Year HCDA Application. Councilman Sherratt moved acceptance of the report and adoption of the recommendations regarding reallocation of the third year funds to the Housing Authority program administration, seconded by Councilman Diament, and carried on unanimous voice vote. 13. From the City Manager and the Executive Director of the Housing Authority, concerning the division of responsibilities between the Housing Authority and the City on HCDA. Councilman Sherratt moved acceptance of the report, seconded by Councilman Beckam, and carried on unanimous voice vote. 14. From the City Manager concerning the Fourth Year HCDA Application. President Corica stated he felt the City was adequately meeting the need for subsidized housing for Alameda residents. Councilman Diament said she believed the City should obtain an option on a piece of property and then put the question of acquisition of the property and construction of the project on the March 1979 ballot. Councilman Sherratt concurred with Councilman Diament's statements. President Corica suggested the new units be limited to Alameda residents only. Speaking in favor of continued participation in the HCDA subsidized housing program were: Susan Lesh, President of the Alameda Head Start Council; Mary Cuoco, 1147 Park Avenue; Lisa Hodson, 2521 Eagle Avenue; Captain Daleke, Commanding Officer, Naval Air Station, Alameda; Susan Foulkes, Director of the USO, Naval Air Station, Alameda; Jean Shures, a resident of the Willows condominium complex; Gretchen Lloyd, 1010 Pacific Avenue; Selina Faulhaber, 1003 Fairoaks Avenue; Melvin Kahn, 467 Central Avenue, President of Alamedans with HOPE; and Sandra Ramirez, a resident of the Buena Vista Apartments. Councilman Beckam moved the report be accepted and the City Manager be directed to proceed with the option approach, seconded by Councilman Tillman. Councilman Sherratt suggested the motion be amended that if the City received an option on a piece of property, that acquisition be placed on the ballot, fully explained as an HCDA funded project. Councilman Beckam agreed to the amendment to the motion, seconded by Councilman Sherratt. The motion, as amended, carried on the following roll call vote: Ayes: Four. Noes: Councilman Tillman, (1). Absent: None. 15. From the City Attorney, regarding the Legal Services Contract with the Housing Authority. Councilman Diament moved acceptance of the report and the resolution be taken out of order, seconded by Councilman Sherratt, and carried on unanimous voice vote. RESOLUTIONS: 16. "Resolution No. 0019, Authorizing Execution of Agreement with Housing Authority of the City of Alameda Relating to Legal Representation for Said Authority /Master~ Contract)." Adopted by motion made by Councilman Beckam, seconded by Councilman Sherratt, and carried on the following roll call vote: Ayes: Five. Noes: None. None. - - -- ' 17' "Resolution No. 9020, Authorizing Execution of Agreement with Housing Authority of the City of Alameda Relating to Legal Representation for Said Authori �/ Adopted by motion made Councilman Beckam, seconded by Councilman Sherratt, an on carried the following roll call vote: Ayes: Five. Noes: None. Absent: None. REPORTS AND RECOMMENDATIONS: 18. From the Assistant to the City Manager submitting a recommendation on contracts between the City and Cab Companies for providing Elderly and Handicapped Taxi 3erVice, Councilman Beckam moved acceptance of the report and the resolutions be taken out of Order, seconded by Councilman Sherratt, and carried on unanimous voice vote. RESOLUTIONS: 10. "Resolution No. 9021, Authorizing Execution of Agreement with A. John Merlo, Inc' DBA East Bay Yellow Cab Company, Inc, Relating to Ci ' Elderly and Handicapped Taxi Service." Adopted by motion made by Councilman Beckam, seconded by Sherratt, and carried on the following roll call vote: Ayes: Five. Noes: NOUe, Absent: None. - 2U. "Resolution No. 9022, Authorizing Execution of Agreement with Goodwill Cab Company Relating to City's Elderly and Handicapped Taxi Service." Adopted -~ motion made the Beckam, seconded by Councilman Sherratt, and carried on e following roll call vote: Ayes: Five. Noes: None. Absent: NOne, REPORTS AND RECOMMENDATIONS: 21. From the City Manager recommending employment of a consultant to perform Photogrammetric Services for the Fernside Boulevard Extension. Councilman Sherratt moved acceptance of the report, seconded by Beckam, and carried on unanimous voice vote. ' 22. From the City Manager regarding the application for a State Litter Control Grant. Councilman Beckam moved acceptance of the report and the resolution be taken out of order, seconded by Councilman Sherratt. On the question, Councilman DfameOt suggested the funds might be used in oon'unotion with the College of Alameda program. ~ C0uDci70aO Beckam amended his motion to include direction to the City to pursue recycling efforts at no additional expense to the City. Councilman Sherratt agreed to the amendment. - On a call for the question, the motion, as amended, carried on unanimous voice vote. RESOLUTIONS: 23. "Resolution No. 9023, Approving the Application for Grant Funds Under the State Litter Control, Recycling and Resource Recovery Fund." Adopted by motion made by Councilman Sherratt, seconded by Councilman Diament, and carried on the following roll call vote: Ayes: Five, Noes: None. Absent: None. REPORTS AND RECOMMENDATIONS: 24. From the City Manager regarding an application for Grant Funds under Roberti- Z'Berg (SB 174). Councilman Diament moved acceptance of the report and the resolution be taken out of order, seconded by Councilman Beckam, and carried on unanimous voice vote. RESOLUTIONS: 25. "Resolution No. 9024, Approving the Application for Grant Funds Under the Robertr=TEzTrurban upen-Space and Recreation Program (Need Basis)." Adopted by motion made by Councilman Beckam, seconded by Councilman Sherratt, and carried on the following roll call vote: Ayes: Five. Noes: None. Absent: None. REPORTS AND RECOMMENDATIONS: 26. From the City Manager concerning Phase IV Construction of the City Line Road Project. Councilman Diament moved acceptance of the report and the resolution be taken out of order, seconded by Councilman Sherratt, and carried on unanimous voice vote. RESOLUTIONS: 27. "Resolution No, 9025, Adopting Specifications, Special Provisions and Plans for Construction of City Line Road from Doolittle Drive to a Point 111 Feet Southerly of Maitland Drive, Calling for Bids and Directing City Clerk to Advertise Same." Adopted by motion made by Councilman Beckam, seconded by Councilman Sherratt, and carried on the following roll call vote: Ayes: Five. Noes: None. Absent: None. REPORTS AND RECOMMENDATIONS: 28. From the Planning Board, signed by the Secretary, concerning Parcel Map No. 2602, a division of Lot 4, Block 1, Tract 3713, filed by Harbor Bay Isle Associates. Councilman Beckam moved acceptance of the report and adoption of the recommendations and findings and the resolutions be taken out of order, seconded by Councilman Sherratt, and carried on unanimous voice vote. RESOLUTIONS: 29. "Resolution No. 9026* Approving Parcel Map 2502 for Division of Lot 4, Block 1 Of Tract 3713, Permitting Recording Thereof and Finding said Parcel Map Consistent with City's General Plan (Harbor Bay Isle Associates, SUbdiVider).'/ Adopted by motion made by Councilman Beckam, seconded by Councilman Sherratt, and carried on the following roll call vote: Ayes: Five. Noes: None. Absent: None. � 30. "Resolution No. 9027, Authorizing Execution of Aore20eDt for Construction and Completion of Improvements in Connection with Parcel Map 2602 and Approving Faithful Performance Bond as to Sufficiency (Division of Lot 4, Block 1 of Tract 3713 - Harbor Bay Isle Associates, Subdivider.)" Adopted by made by Beckam, seconded by Councilman Sherratt, and carried on the following roll call vote: Ayes: Five. Noes: None. Absent: None. UNFINISHED BUSINESS: 31. Held over from the meeting of November 21, from the Alameda County Abatement District requesting appointment of a Trustee. ~ Councilman Sherratt moved the resolution be taken out of order, seconded by Councilman Beckam, and carried on unanimous voice vote. RESOLUTIONS: 32. "Resolution No. 9028^ Appointing Ci of Alameda Representative on Board of Trustees of the Alameda County Mosquito Abatement District." Adopted ~ motion made by Councilman Beckam, seconded by Councilman Diament, and carried on the following roll call vote: Ayes: Five. Noes: NOOR, Absent: None. UNFINISHED BUSINESS: 33. Councilman Diament commented on the sale of drug-related paraphernalia at record City stores and other stores. President Corica questioned if the Ci Attorney could draw up an ordinance prohibiting such sales. Mr. Stroud stated he had not fully researched the problem, but thought it could be controlled through a zoning 5meDdment, Councilman Beckam moved the City Attorney be instructed to report to the Council by second meeting in January, 1979, on alternative measures for eliminating such ^ items from sale, seconded by Councilman Tillman, and carried on unanimous voice vote. 34. Councilman Diament requested the Assistant City Manager inform the Council on the disposition of Red Cross disaster supplies to be stored in the Police Building. RESOLUTIONS: 35. "Resolution No. 9029. Authorizing Execution of Agreement with Dividend Development Corporation for Construction of Public Improvements in Subdivision Tract 4I20 and Approving Bonds as to Sufficiency; and Authorizing Execution of Agreement with Harbor Bay Isle Associates to Terminate and Cancel Original Agreement for Subdivision Tract 4120 Public Improvements." Adopted by motion made by Councilman Beckam, seconded by Diament, and carried On the following roll call vote: A«es: five. ~ Noes: None. Absent: None. - 36. "Resolution No. 9030, Proposing Amendments to the Charter of the City of Alameda on Motion of the City Council, Calling a Special Municipal Charter Amendment Election in the City of Alameda for the Purpose of Submitting to the Electors Thereof Proposals to Amend said Charter, Viz: (1) By Amending Section 22-4 to Delete Section Which Forbids Person Convicted of a Felony from Ever Holding an Office or Position with the City; (2) By Amending Sections 2-2 and 10-9 to Provide for Removal of Certain Appointed Officers by Majority Vote of Council; (3) By Amending Sections 2-1, 2-2 and 4-1, Adding Section 2-2.1 and Repealing Sections 4-2, 4-3, 4-4, 4-5 and 4-6 and Article V In Its Entirety to Abolish the Offices of Auditor and Treasurer and Establish Office of City Finance Officer; (4) By Amending Sections 2-1,2-2, 2-6.1, 3-1.1, 3-4, 3-7(B), 3-7(I), 3-10, 3-12, 13-2, and 17-5, and Adding Sections 2-6.2, 2-6.3, 2-6.4, 2-6.5 and 3-1.2 to Establish a Seven Member City Council to be Nominated from Districts and Elected at Large; (5) By Amending Section 3-11 to Permit Council to Adopt Ordinances at Special Meetings; (6) By Amending Section 10-4.1 to Permit City Council to Determine Organization of City Planning Board by Ordinance; and (7) by Amending Section 2-5 to Provide That Persons Seeking Elective Offices Be Residents of City for Thirty Days Before Filing Nomination Papers; Fixing the Date of said Election, the Manner of Holding Same, and Providing for Notice Thereof; and Consolidating said Special Municipal Charter Amendment Election with the General Municipal Election to be Held in said City on March 6, 1979." Adopted by motion made by Councilman Sherratt, seconded by Councilman Beckam, and carried on the following roll call vote: Ayes: Five. Noes: None. Absent: None. The President declared the foregoing resolutions adopted. INTRODUCTION OF ORDINANCES: 37. "Ordinance No. , New Series, 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." Introduced by motion made by Councilman Beckam, seconded by Councilman Diament, and carried on the following roll call vote: Ayes: Five. Noes: None. Absent: None. BILLS: 38. An itemized List of Claims, certified by the City Manager as correct, in the total amount of $91,974.62, was presented. Councilman Diament moved the bills as itemized in the List of Claims filed with the City Clerk on December 15, 1978, be allowed and paid; seconded by Councilman Sherratt, and carried by unanimous voice vote. ORAL COMMUNICATIONS, GENERAL: 39. Mr. Russ Sisung, 221 Santa Clara Avenue, commented on the sale of drug-related paraphernalia and suggested a report was needed on the scope of the drug problem in the City. 40. Mr. Leo Bazile, representing Mr. Jules Garibaldi, 1815 Sherman Street, requested that the Council instruct the City Engineer to research the painting of parking crosses in front of the residence without Mr. Garibaldi's knowledge. FILING: 41. Agreement with Dividend Development Corporation re Tract 4120. 42. Amendment Number 1 to Cooperative Agreement with State re Alameda Angling Access Area. 43. Amendment Number 1 to Standard Form for Leases with State re Alameda Angling Access Area. 44. Agreement with Harbor Bay Isle Associates re Parcel Map 2602. 45. Agreement with East Bay Yellow Cab Company, Inc. re Elderly and Handicapped Taxi Service. 46. Agreement with Goodwill Cab Company re Elderly and Handicapped Taxi Service. 47. Specifications PW 12-78-12 - Construction:of Phase IV City Line Road. 48. Agreements with Housing Authority re Legal Representation. 49. Financial and Operating Reports - Bureau of Electricity for 12 months ended June 30, 1978, and month ended July, 1978. ADJOURNMENT: 50. There being no further business to come before the meeting, the Council adjourned at 9:40 o'clock p.m., to meet in regular session on Tuesday, January 2, 1979, at 7:30 o'clock p.m. Respectfully submitted, Deputy City C e