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1978-05-15 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - MAY 16, 1978. The meeting convened at 7:30 o'clock p.m. with President Corica presiding. The Pledge of Allegiance was led by Councilman Tillman and was followed by an Invocation delivered by Father Gary Ruiz of St. Barnabas Catholic Church. ROLL CALL: The roll was called and Councilmen Diament, Sherratt, Tillman, and President Corica were noted present. Absent: Councilman Beckam. MINUTES: 1. President Corica requested the minutes of the meeting of May 2, 1978, be amended as follows: Page 1, Minutes, following Councilman Sherratt's correction to the minutes of the meeting held April 18, Item 10, Unfinished Business, the following sentence be inserted: "President Corica noted, in response to Councilman Sherratt's correction, that a hearing on a Use Permit application would be heard." The City Clerk was instructed to refer to the tape recording of the May 2 meeting and insert the correction if it was reflected on the tape. Councilman Tillman suggested approval of the minutes be held over until the next regular meeting. WRITTEN COMMUNICATIONS: 2. From Dr. and Mrs. Alden C. White, 888 Union Street, and Dr. Richard B. Marill, 2100 Otis Drive, regarding conditions at the end of Union Street. President Corica noted an earlier attempt to solve the problem by filling the area with sand had not stopped young people from congregating there. He said the City Manager's suggestion of a chain link fence might be the answer to the problem. Councilman Tillman said he agreed the fence would be the solution and suggested property owners might share in the cost. He also suggested the concrete barrier at the end of the street be inside the fence so it could not be used as a step to go over the fence. Dr. Richard Marill, 891 Union, said he felt the situation at the end of the street caused a serious health problem. He stated he would be willing to pay for construction of the portion of the fence that would be on his property. Councilman Sherratt moved the City Manager and City Engineer be instructed to proceed with arranging for a fence to be constructed in a timely fashion and that the City Manager request increased Police patrol of the area, prior to constructicn, especially during the noon hour. The motion was seconded by Councilman Tillman, and carried on unanimous voice vote. 3. From Mr. James P. Pachl, attorney for Mr. Stephen W. Morris, concerning an application for an encroachment permit. Councilman Tillman suggested consideration of this request be deferred until such time as the Combined Land Use Plan was considered, since there were sections in CLUP that directly related to the area in question. Councilman Sherratt requested the City Engineer to provide information on any other encroachments he was aware of in the same area for consideration at the same time as this request. President Corica suggested this request be considered at the meeting of June 6; that perhaps a precedent might be set which could be used to settle any other encroachments. The Council agreed to this suggestion. 4. From Ms. Shawna Clifford, 2057 Alameda Avenue, and Mr. Kirk Long, 2016 Webster, submitting petitions and requesting permission to address the Council concerning cruelty to animals. President Corica said he felt this communication was an excellent example of citizen participation in the government of Alameda. He noted the speakers, students in the 5th grade at Lum School, had taken the time to learn the proper method to bring their issue to the attention of the Council, and he was pleased to see such enthusiasm in two young citizens of the City. Ms. Clifford said she and Mr. Long felt the State laws against cruelty to animals should be more strictly enforced. They proposed the City adopt increased fines and stricter regulations in an attempt to control the problem. They also suggested increased patrols by the animal shelter personnel to pick up stray animals to prevent animals from being hurt or mistreated. The Council members suggested the speakers visit the pound personally to talk with staff and become aware of some of the problems faced in enforcement of current regulations. Mrs. Sullivan, representing Pets and Pals, spoke in favor of continued and increased enforcement of strict regulations prohibiting cruelty to animals. She advocated use of humane methods fcr the disposition of animals which could not be place in homes. Mrs. Josephine Bixler, 814 Haight Avenue, complimented Ms. Clifford and Mr. Long on their presentation and offered to sign their petition. 5. From Mrs. Mary V. Allen, 2534 Buena Vista Avenue, concerning the High Street Truck Study. President Corica said Mrs. Allen requested information from a second truck survey be made available before the July 5 hearing on the issue. The City Engineer was instructed to provide this information. REPORTS AND RECOMMENDATIONS: 6. Continued from the meeting of May 2, from the City Manager regarding the Cooperation Agreement between the City and Cal-Trans for work in connection with Patton Way. Councilman Diament moved approval of the report and the resolution be taken out of order, seconded by Councilman Tillman, and carried on unanimous voice vote. RESOLUTIONS: 7. The following resolution was introduced by Councilman Diament, who moved its adoption: "Resolution No. 8905 Authorizing Execution of Agreement with the State of California for Engineering and Other Services for Patton Way Project." The motion to adopt said resolution was seconded by Councilman Tillman. On the question, Councilman Sherratt asked if the purchase of rights of way would be necessary before approval of the EIR; the City Engineer replied they would not. On a call for the question, the motion carried on the following roll call vote: Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). REPORTS AND RECOMMENDATIONS: 8. From the Planning Board, signed by the Secretary, transmitting comments regarding the Buena Vista truck route. Councilman Sherratt moved acceptance of the report and that it be considered with the pertinent portion of the CLUP document, seconded by Councilman Diament. The City Engineer said persons who wished to speak to this issue as it related to the High Street truck route hearing on July 5 would be permitted to do so. Councilman Sherratt amended his motion, at the suggestion of Councilman Tillman, to also refer the report to the Traffic Advisory Committee. The motion, as amended, carried on unanimous voice vote. Councilman Tillman moved resolution designated number 3 on the agenda be taken out of order at this time, seconded by Councilman Diament, and carried on unanimous voice vote. RESOLUTIONS: 9. The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution No. 8906 Resolution of the Council of the City of Alameda in Commendation of Ellen Schmalenberger on Her Retirement as Treasurer-ex-officio Tax Collector." The motion to adopt said resolution was seconded by Councilman Diament, and carried on the following roll call vote: Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). At this time, President Corica read in full and presented Mrs. Schmal enberger with a signed and framed copy of the Resolution. REPORTS AND RECOMMENDATIONS: -10. From the City Manager recommending acceptance of the Final Map for Tract 3904. Councilman Tillman moved acceptance of the report and the resolution be taken out of order, seconded by Councilman Diament, and carried on unanimous voice vote. RESOLUTIONS: 11. The following resolution was introduced by Councilman Diament, who moved its adoption: "Resolution No. 8907 Approving Final Map of Subdivision Known as Tract 3904, Authorizing Execution of Agreement for Construction of Public Improvements Therein, Approving Bond as to Sufficiency, and Accepting Certain Easements and Parcels of Land (Harbor Ray Isle Associates, Subdivider)." The motion to adopt said resolution was seconded by Councilman Sherratt, and carried on the following roll call vote: Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). REPORTS AND RECOMMENDATIONS: 12. From the City Manager regarding award of contract on the open market for test plugging of leachate points at the Alameda Dump. Councilman Sherratt moved acceptance of the report and the contract be awarded to McGuire-Hester, seconded by Councilman Diament and carried on unanimous voice vote. 13, From the City Manager regarding joint exercise of powers agreement for control of wet weather overflows and bypasses inflow/infiltration control project). In response to a question from Councilman Tillman, City Engineer Hanna said he attended meetings with representatives from six other agencies to discus4buidelines and determine what was necessary to proceed with the project. He noted there'would be a technical advisory board composed of persons selected by each of the agencies involved. Councilman Tillman suggested the Council consider a sewer charge, as mentioned in the report, to be considered at the meeting to be held May 23, Councilman Sherratt moved acceptance of the report and authorization for payment of the first installment, seconded by Councilman Tillman, and carried on unanimous voice vote. 14. From the City Manager regarding payment of a fee for the Alameda County Solid Wast Enforcement Program. President Corica said there was a discrepancy between the amount the County said was due and the amount the City felt was due; however, he suggested the bill be paid, subject to a refund upon presentation of sufficient evidence of overpayment. Following a brief discussion, Councilman Tillman moved acceptance of the report, the fee in the amount of $6,457 be authorized to be paid from the Contingency Fund, and a letter be sent to the County Health Department indicating the City's disagreement with the method for calculating the fee and requesting a $1,720 refund. The motion was seconded by Councilman Diament and carried on unanimous voice vote. 15. From the City Manager regarding acceptance of the work for City Line Road Project - Phase I. Councilman Tillman suggested caution be applied to prevent future occurrences of a major overage in the final bill as compared to the original bid. Councilman Sherratt moved acceptance of the work for the City Line Road Project - Phase I and the Notice of Completion be filed, seconded by Councilman Tillman, and carried on unanimous voice vote. 16. From the City Manager recommending contract be awarded to Loomis Armored Car Co. for the project of Coin Collection of On and Off Street Parking Meters. Councilman Sherratt moved acceptance of the report and the contract be awarded to the Loomis Armored Car Co., seconded by Councilman Diament, and carried on unanimous voice vote. Councilman Diament asked if there was any consideration being given to raising parking meter fees. City Manager Goss responded he would soon be transmitting a recommendation for a different price schedule. 17. From the City Manager regarding lease of the Woolworth Building for the Historical Survey. Councilman Diament moved acceptance of the report, the offer be gratefully accepted, the lease be approved, and the resolution be taken cut of order, seconded by Councilman Sherratt, and carried on unanimous voice vote. Councilman Tillman suggested the old Electric Light Building on Park Street be kept in mind as a possible location for such a project, should the need arise again. Councilman Diament asked the City Manager for information on plans for the remodeling and proposed used for the vacant first floor of City Hall. Mr. Goss responded there was no report prepared at present. RESOLUTIONS: 18. The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution No. 8908 Authorizing Execution of Lease Agreement Between 1429 Park Street, A Partnership, and City of Alameda of One Thousand Square Feet of Space in the Building Located at 1429 Park Street." The motion to adopt said resolution was seconded by Councilman Diament, and carried on the following roll call vote: Ayes: Four, Noes: None. Absent: Councilman Beckam, (1). UNFINISHED BUSINESS: 19. Consideration of appointments to the Housing Authority of 1 Member, 1 Senior Tenant Member, and 1 Tenant Member. President Corica placed in nomination the name of William Trujillo as the Member, seconded by Councilman Sherratt, and carried on unanimous voice vote. President Corica placedin nomination the name of Grace Douglas as the Senior Tenant Member, seconded by Councilman Sherratt, and carried on unanimous voice vote. President Corica placed in nomination the name of Lola Pruitt as the Tenant Member, seconded by Councilman Diament, and carried on unanimous voice vote. The City Attorney was directed to prepare the appropriate resolutions for consideration at the next regular meeting. NEW BUSINESS: 20. President Corica noted letters of resignation had been received from Mark Happ and Don Gehb of the Ad Hoc Efficiency Committee. He said he would appoint Mr. George Rose to replace Mr. Happ and suggested Councilman Sherratt appoint someone to replace Mr. Gehb. Councilman Sherratt expressed concerns he felt regarding the effectiveness of the committee due to the changes in membership and the expressions by several members that they did not feel they could devote ample time to the project. He suggested the Council consider contracting with an outside consultant to make the investigation and provide a report. Councilman Diament said she would like the committee to continue as it was. Councilman Tillman said he felt that if, after appointing two new members to the Committee, the same problem occurred with the members nothaving enough time, then the Council should reconsider employing a professional consultant. He also asked that the Council be given the reports from the Committee before they go the the newspapers. Councilman Diament noted the Committee's meetings were public and the press was able to attend and report on the proceedings. 21. Councilman Tillman referred to information being distributed regarding Measure A (old Alameda High School Auditorium bond issue) on the June primary election ballot. He noted the tax rate quoted was based on projected 1978-79 assessments, which would only be correct if the Jarvis-Gann Tax Initiative, Proposition 13, did not pass. He suggested the Council consider this information at the meeting of May 23. Mr. Russ Sisung, 221 Santa Clara Avenue, said he had read an article in the Oakland "Tribune" about a bill or bills being presented to the State Legislature to distribute the surplus and to define the mechanics for distributing the property taxes that would be collected should Proposition 13 pass. In response to Councilman Diament's request, he said he would provide her with the numbers of the bills. 22. Councilman Sherratt asked the Council to confirm his appointment as an alternate delegate to the San Leandro Bay Transportation Study. Councilman Diament moved the nomination, seconded by Councilman Tillman, and carried on unanimous voice vote. RESOLUTIONS: 23. The following resolution was introduced by Councilman Diament who moved its adoption: "Resolution No. 8909 Accepting Resignation of Treasurer and Appointing Florence B. Hyde Treasurer and Ex-Officio Tax Collector of the City of Alameda." The motion to adopt said resolution was seconded by Councilman Sherratt, and carried on the following roll call vote: Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). Councilman Sherratt moved the newly appointed Treasurer's salary be at the first classification step, seconded by Councilman Diament, and carried on unanimous voice vote. 24. The following resolution was introduced by Councilman Diament, who moved its adoption: "Resolution No. 8910 Authorizing the Use of Facsimile Signatures by the City Auditor and City Treasurer," The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the following roll call vote: Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). 25. The City Manager noted the Pacific Telephone Company requested a certain change in the language of the license agreement, paragraph H, to give the licensee the right to self insure. The following resolution was introduced by Councilman Diament, who moved its adoption with the correction to the license agreement as requested: "Resolution No. 8911 Authorizing Execution of License Agreement with the Pacific Telephone and Telegraph Company Relating to a City Sidewalk Public Telephone Program." The motion to adopt said resolution was seconded by Councilman Sherratt, and carried on the following roll call vote: Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). President Corica asked the City Manager to inquire of the Telephone Company if the public pay-telephone outside of the Oak Street entrance to City Hall could be made accessible to handicapped persons. 26. The following resolution was introduced by Councilman Sherratt who moved its adoption: "Resolution No. 8912 Adopting Specifications, Special Provisions and Plans for Minor Street Patching with Asphalt Concrete; Repair of Portland Cement Concrete Sidewalk and Driveway; and Installation of House Laterals, for the Fiscal Year Ending June 30, 1979, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Tillman and carried on the following roll call vote: Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). 27. The following resolution was introduced by Councilman Tillman, who moved its adoption: "Resolution No. 8(113 Authorizing Execution of License Agreement with Harbor Bay Isle Associates for Installation and Maintenance of 'Information Center' Signs." The motion to adopt said resolution was seconded by Councilman Diament and carried on the following roll call vote: Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). 28. The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution No. 8914 Authorizing Execution of Dental Care Service Contract Between City and California Dental Service and Designating Personnel Director as Group Representative." The motion to adopt said resolution was seconded by Councilman Diament and carried on the following roll call vote: Ayes: Four. Noes: None, Absent: Councilman Beckam, (1). 29. The following resolution was introduced by Councilman Diament, who moved its adoption: 'Resolution No. 8915 Authorizing Execution of Joint Exercise of Powers Agreement for Control of Wet Weather Overflows and Bypasses.' The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the following roll call vote: Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). The President declared the foregoing Resolutions adopted, INTRODUCTION OF ORDINANCES: 30. "Ordinance No. New Series Amending the Alameda Municipal Code by Amending Section 4-332 Thereof, Relating to Possession or Consumption of Alcoholic Beverages on Public Beaches Within the City." The Council declined to introduce the ordinance. The City Manager was requested to write a letter to the East Bay Regional Parks District asking them to adopt regulations which would conform to the current Alameda ordinance. 31. "Ordinance No. 1920, New Series Amending Certain Portions of the Alameda Municipal Code Relating to Traffic Regulations." Councilman Diament moved the ordinance be introduced and passed as submitted, seconded by Councilman Sherratt, and carried on the following roll call vote: Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). 32. "Ordinance No. New Series Amending the Alameda Municipal Code by Adding Section 13-195.5 Thereto Establishing License Fees for the Business of Leasing or Providing Space for Advertising Signs or Structures." Councilman Diament introduced the ordinance, after which it would be laid over under provision of law and the Charter. The motion was seconded by Councilman Sherratt and carried on the following roll call vote: Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). NEW BUSINESS: 33. Councilman Tillman suggested an ordinance or resolution be prepared formally establishing the Mayor's Committee for the Handicapped. He said he felt this would give the Committee more significance and recognition. President Corica suggested the Committee be polled to see if they felt this action was necessary. Mrs. Josephine Bixler, 814 Haight Avenue, said she and the Committee would like to have more to say about the design of new developments and buildings in order to make them accessible to handicapped persons. Councilman Diament suggested planning for all public buildings in the City be reviewed by the Committee as a standard procedure. BILLS: 34. An itemized List of Claims against the City of Alameda and the Departments thereof in the amount of $108,072.19 was presented to the Council at this meeting and was accompanied by certification from the City Manager that the claims shown were correct. Councilman Diament moved the bills as itemized in the List of Claims filed with the City Clerk on May 12, 1978, and presented to the City Council at this meeting be allowed and paid. The motion was seconded by Councilman Sherratt and carried on unanimous voice vote. ORAL COMMUNICATIONS, GENERAL: 35. Mr. Robert Brewer, 2045 Buena Vista Avenue, asked about the initial payment required by the contract with Cal-Trans for the Patton Way Project. The City Manager said that much of the initial payment was for work already completed. Mr. Brewer said he was concerned that the proper procedure for an EIR was followed before any commitments were made for payment. FILING: 36. Agreement between City and State of California re Patton Way Project. 37. Agreement between City and Pacific Telephone and Telegraph re Sidewalk Public Telephone Program. 38. Specifications: PW 5-78-4, PW 5-78-5, PW 5-78-6. 39. Agreement between City and Harbor Bay Isle Associates re Tract 3904. 40. Agreement between City and Harbor Bay Isle Associates re Information Center Signs. 41. Agreement between City and California Dental Service re Dental Care Contract. 42. Agreement between City and 1429 Park Street, A Partnership, re lease. 43. Joint Exercise of Powers Agreement re Wet Weather Overflows and Bypasses. ADJOURNMENT: 44. Councilman Sherratt moved the Council retire to executive session for a discussion of litigation and personnel matters, seconded by Councilman Diament, and carried by unanimous voice vote. At the conclusion of discussion, it was determined no action would be taken. 45. There being no further business to come before the meeting, the Council adjourned at 10:55 o'clock p.m., with respect to the memory of Mr. James W. Fore, former Councilman; Mrs. Betty J. Waters, recently retired employee of the Bureau of Electricity; and Mr. Hermar J. Kihn, former member of the Planning Board; to assemble in adjourned regular session on Tuesday, May 23, 1978, at 7:30 o'clock p.m. Respectfully submitted, City Clerk ADJOURNED REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY- - -MAY 23, 1978 The meeting convened at 7:30 o'clock p.m. with Vice President Diament presiding. ROLL CALL: The roll was called and Councilmen Sherratt, Tillman, and Vice President Diament, (3), were noted present. Absent: Councilman Beckam and President Corica, (2). UNFINISHED BUSINESS: 1. Discussion on ABAG Environmental Management Plan. Mrs. Minnie Ruth, Assistant Planning Director, outlined the major points of the Plan. She reported it was a result of mandates from the Federal Government to improve water quality, consider the problems of solid waste management, and improve air quality. She discussed in more detail the requirements for each general category. Vice President Diament said she felt the Council was concerned that approval of the Plan not be given without proper consideration of the economic facets and effects of the Plan, such as the jobs which might be affected and the costs to local governments. Dr. B. J. Miller, Director of Environmental Quality for ABAG, gave the Councilmembers a document which explained various changes that had been made in the original draft of the Plan. He noted many of the most controversial portions had been deleted. He said the General Assembly of ABAG, consisting of elected officials from each member agency, would vote on the Plan on June 10. Dr. Miller also explained the Federal Government legislation which had mandated action to develop a plan by local governments, i.e., Federal Water Pollution Control Act of 1972 and the Federal Clean Air Act of 1970, amended in 1977; and several California laws relating to Solid Waste. He reported if local or regional governments failed to draw up a plan, the State government would be required to do so, and if the State failed, the Federal government would draw one up and local control would be almost completely lost. Dr. Miller then responded to questions from the Council regarding certain provisions of the Plan. It was noted that President Corica arrived at this time (8:00 p.m.) and assumed the chair at 8:15 p.m. President Corica asked Dr. Miller about the solid waste portion of the Plan. Dr. Miller responded the county plans would be reviewed by the State, and the counties were to identify regional problems which would be incorporated into a regional plan by ABAG, to be approved by the State. President Corica suggested Alameda vote against the solid waste portion of the ABAG Plan because he felt the Alameda County plan was sufficient and an additional review was not needed. Councilman Sherratt requested direction from the Council regarding the vote to be taken on June 10. He suggested the Mayor, on behalf of the Council, write to State Legislators representing Alameda to inform them the Council was going to approve the Plan with reservations; that the Council was not pleased with the Federal and State mandates and wished to maintain as much local control as pcssible. Councilman Diament said she agreed with Councilman Sherratt's suggestion, and added she also thought the Alameda vote should be against the solid waste portion of the Plan. Councilman Tillman said he also agreed with the suggestion to approve the Plan with the exception of the solid waste portion. Councilman Sherratt moved the Alameda vote he in the affirmative on the Plan, with the exception of the solid waste portion, and that the Mayor write to the State Legislators to inform them of the opinion of the Council on the Plan. The motion was seconded by Councilman Tillman, and carried on unanimous voice vote. 2. Discussion on Jarvis-Gann Tax Initiative, Proposition 13. Councilman Tillman asked the City Attorney if the contents of his confidential letter to the Council could be released to the public. Mr. Stroud replied he had so marked the letter for the benefit of the Council, and it was their decision whether or not to release the information; he had no objections. Councilman Tillman moved the contents of the letter from the City Attorney dated May 22, 1978, be considered public information, seconded by Councilman Sherratt and carried on unanimous voice vote. City Manager Goss explained the effects passage of Proposition 13 would have on Alameda's budget and operations. He said the City would lose about $4.2 million in property tax revenue. He suggested several revenue measures to make up about one-half of the lost property tax revenue; the other half to be accomplished by expenditure cuts. President Corica asked if any consideration had been given to his idea of laying off employees in higher positions, in order to try to not lay off as many employees in lesser positions. He asked if this type of lay off procedure were possible. Assistant City Manager Creagh, in response to a question on this issue from Councilman Sherratt, reported the Civil Service system in the City had a "meet and confer" process which must be followed before any decisions on exact lay off procedures or identification of those positions to be eliminated could be made. On question from Councilman Tillman, Mr. Goss stated there were about 40 management employees. He further explained the difficulties with attempting to solve the problem by laying off management employees due to the complicated Civil Service requirements. Councilman Sherratt suggested notices of possible termination be issued to all employees, and then if Proposition 13 passed, it would be possible to determine exactly which employees would be laid off. He said he understood that these nctices would satisfy the requirements of the "meet and confer" process for sufficient notice of termination. President Corica said he felt this action of sending notices would create a panic among the employees, and he did not agree with it. Councilman Sherratt stated he believed the Council should take whatever action necessary to prepare for passage of Proposition 13, and that these notices were one step in that action. He said he did not feel the State would act quickly to aid the cities, and that the City should be ready with alternative measures, both revenue and expenditure cuts, to be in a position to prepare a budget by September. Following a brief discussion on the issue, Councilman Sherratt moved a notice of potential termination be issued to all employees, seconded by Councilman Tillman. Or the question, Mr. Michael Grappo, 1550 Broadway, questioned whether or not such a notice would be legal. He also felt it was not fair to the employees to send such a notice and that it might influence the employee's vote. He suggested the Council contact State Legislators directly and strongly urge them to act to lower property taxes and to remove the portion of property taxes supporting education. The Council responded they had, on numerous occasions, written and telephoned State Legislators on this issue. The City Attorney, in response to Mr. Grappo's question of legality of the notices, reported they would be worded to constitute legal notice. On a call for the question, the motion failed to carry on the following roll call vote: Ayes: Two. Noes: Councilman Diament and President Corica, (2). Absent: Councilman Beckam, (1). Mr. Michael Grappo spoke in opposition to the Behr Bill, which would become effective if Proposition 8 passed and Proposition 13 failed to pass or was found to be unconstitutional. He alleged there would not be any substantial savings in property taxes to property owners with this Bill. Councilman Sherratt moved the Council take the agenda item "Introduction of Ordinances' at this time, seconded by Councilman Diament. Mr. C. L. Todd, 1511 Central Avenue, stated he felt the City should not rely on aid from Sacramento and should cut the budget appropriately. INTRODUCTION OF ORDINANCES: 3. "Ordinance No. 1921, New Series Amending the Alameda Municipal Code by Suspending Sections 3-1111 Through 3-11113, as Added by Ordinance 1561, N.S., and adding a New Chapter 11 to Title III Thereof, Consisting of Sections 3-1111 Through 3-11118, Relating to a Real Property Conveyance Tax and Providing for the Administration Thereof." President Corica noted this and all of the ordinances for introduction at this meeting contained a clause which provided for their repeal should Proposition 13 not pass or be declared unconstitutional or should the State supply replacement revenue. Mr, Joseph Sullivan, 3221 Liberty Avenue, urged passage of this ordinance. Councilman Tillman asked the City Attorney whether or not taxes collected under this ordinance, should it go into effect, would be refunded to those who paid them. Mr. Stroud replied the additional income could be either reflected in the tax rate or the taxes could be refunded directly. Mr. Joseph Sullivan suggested this ordinance be passed as a permanent measure, without the provision for repeal as stated above. Mr. John Mitcheom, 1319 High Street, disagreed with adoption of the ordinance and urged it not be passed. Mr. John McClease, 408 Sunset Road, said he felt all of the proposed ordinances were not needed and should not be passed at this time. He suggested if, after passage of Proposition 13, additional revenues were needed, then the Council should take the issue to the people and let them pass revenue measures. Mr. Walter Leach, 615 Waterfall Isle, suggested the Council obtain the figures on the vote on Proposition 13 in Alameda and make decisions on additional revenue measures accordingly. Mr. Louis McNeil, 525 Grand Street, spoke in favor of the Council's actions in proposing revenue ordinances and taking the necessary measures to prepare in the event Proposition 13 did pass. Mr. Don Dunn, 2120-A Clinton Avenue, spoke in opposition to passage of this ordinance. Councilman Sherratt moved introduction and passage of the above ordinance, seconded by Councilman Tillman, and carried on the following roll call vote: Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). 4. "Ordinance No. New Series 5 Amending the Alameda Municipal Code by Amending Sections 3-1221, 3-1231 and 3-1241 of Chapter 12 of Title III Thereof Relating to the Utility Users Tax." Mr. Sam Wilcox, 1309 Hansen Avenue, questioned the increase in taxes collected in Alameda from 1967 to 1977. He asked the City Manager why there was a significantly higher increase in taxes than in the commodities index. Mr. Goss explained that although property taxes had gone up significantly, many other revenue sources in the City had remained constant. The Council declined to introduce this ordinance. 5. "Ordinance No. New Series Amending the Alameda Municipal Code by Adding Chapter 3 to Title VI Thereof, Establishing Sewer Service Charges, Providing for Collection Thereof and Penalty for Delinquency, Remedies, and Enforcement, and Establishing the Sanitary Sewer Service Charge Fund." Mr. John McClease, 408 Sunset Road, urged the Council not to pass this ordinance. Councilman Tillman moved introduction and passage of the ordinance, seconded by Councilman Sherratt. Mr. Garry Deuel, 921 Grant Street, said he felt that by passing the first ordinance on the agenda, the Council had enacted all necessary provisions, and he urged them not to pass any further ordinances. Mr. Michael Grappo said he felt the ordinances should not be listed as urgency ordinances. City Attorney Stroud said all tax measures were handled in this way, in accordance with Section 3-12 of the City Charter. Mr. Stroud informed the Council of a few minor word charges in the ordinance. On a call for the question, the motion failed to carry on the following roll call vote: Ayes: Two. Noes: Councilman Diament and Presidert Corica, (2). Absent: Councilman Beckam, (1). 6. "Ordinance No. 1922, New Series Amending the Alameda Municipal Code by Amending Section 3-1421 of Chapter 14 of Title III Thereof Relating to the Transient Occupancy Tax." Mr. John McClease urged the Council nct to pass this ordinance. Councilman Diament moved introduction and passage of the ordinance, with the figure 8% to be inserted, seconded by Councilman Sherratt, and carried on the following roll call vote: Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). 7. "Ordinance No. 1923, New Series Amending the Alameda Municipal Code by Amending Section 13-1922 of Chapter 1 of Title XIII Thereof Relating to License Fees for Hotel, Office Building, Apartment House, etc. Rentals." Mr. John Mitcheom spoke in opposition to passage of this ordinance. Mr, Russ Sisung, 221 Santa Clara Avenue, said he felt this tax would be discriminatory and urged the Council not to pass it. Mr. John McClease urged the Council not to pass this ordinance. Councilman Tillman moved introduction and passage of this ordinance, with the figure $4,00 inserted, seconded by Councilman Sherratt, and carried on the following roll call vote: Ayes: Three. Noes: President Corica, (1). Absent: Councilman Beckam, (1). ORDINANCES FOR PASSAGE: 8. "Ordinance No. 1924, New Series Amending the Alameda Municipal Code by Adding Section 13-195.5 Thereto Establishing License Fees for the Business of Leasing or Providing Space for Advertising Signs or Structures." Councilman Sherratt moved passage of the ordinance, seconded by Councilman Diament, and carried on the following roll call vote: Ayes: Four. Noes: None, Absent: Councilman Beckam, (1). ORAL COMMUNICATIONS: 9. Ms. Ruby Morrissey, 950 Shorepoint Court, questioned adoption of an increased Property Transfer Tax considering the opposition which had been expressed in prior years. 10. Mr. Russ Sisung, 221 Santa Clara Avenue, said he agreed with the approach taken by the Council in trying to meet the problem which would be createc by the passage of Proposition 13. He suggested, as sources of increased revenue, raising the golf course fees and stricter enforcement of traffic laws. ADJOURNMENT: 11. Councilman Diament moved the Council retire to executive session for a discussion of personnel and litigation matters, seconded by Councilman Sherratt, and carried by unanimous voice vote. At the conclusion of discussion, it was determined no action would be taken. 12. There being no further business to come before the meeting, the Council adjourned at 11:40 p.m., to assemble in regular session on Tuesday, June 6, 1978, at 7:30 p.m. Respectfully submitted, „,- City Clerk