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1977-12-20 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - -DECEMBER 20, 1977 The meeting convened at 7:30 o'clock p.m., with President Corica presiding. The Pledge of Pllegiance was led by Councilman Sherratt, followed by an Invocation delivered by the Reverend Martell H. Twitchell, USN Retired. ROLL CALL: The roll was called and Councilmen Beckam, Diament, Sherratt, Tillman and President Corica, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the special meeting held November 29, and the regular meeting held December 6, 1977, were approved as submitted. -2. President Corica presented the Distinguished Service Award of the United Nations Association of America to Ms. Martha Killebrew, Executive Director of the Alameda Chapter of the American Red Cross, in appreciation for her public service in promoting the nationwide observance of United Nations Day 1977. WRITTEN COMMUNICATIONS: 3. Continuedfrom the meeting of December 6, from Mr. J. Paul Gutleben, 2844 San Jose Avenue, requesting a waiver of Parcel Map requirements for properties located at 1917 and 1919 Stanford Street. President Corica reported the applicant and staff had worked out the details, and the requested waiver was recommended subject to the conditions set out by the City Engineer. Councilman Sherratt moved the resolution be taken out of order, seconded by Councilman Tillman, carried by unanimous voice vote. RESOLUTIONS: 4. The following resolution was introduced by Councilman Diament, who moved its adoption: "Resolution No. 8834 Waiving Parcel Map Requirements of the Subdivision Map Act for Property Located at 1917 and 1919 Stanford Street in the City of Alameda." The motion to adopt said resolution was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five, Noes: None. Absent: None. WRITTEN COMMUNICATIONS: 5. Continued from the meeting of December 6, from Mr. Louis DiMenco, 2624 West Avenue 133rd, San Leandro, requesting a waiver of Parcel Map requirements for properties located at 508 and 510 Haight Avenue. Councilman Beckam moved acceptance of the reports and recommendations of the City Engineer and Planring Director on the subject, and the resolution be taken out of order. The motion was seconded by Councilman Sherratt and on voice vote carried unanimously. RESOLUTIONS: 6. The following resolution was introduced by Councilman Diament, who moved its adoption: "Resolution No. 8835 Waiving Parcel Map Requirements of the Subdivision Map Act for Property Located at 508 and 510 Haight Avenue in the City of Alameda." The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. WRITTEN COMMUNICATIONS: 7. From Mr. Joseph M. Sullivan, 3221 Liberty Avenue, concerning the proposed ordinance establishing a Dwelling Unit Tax for public transit and non-motorized transit purposes. President Corica reported Mr. Sullivan was opposed to the adoption of the ordinance. Councilman Sherratt moved acceptance of the communication, and that it be considered in conjunction with discussion on the ordinance when it came up for passage. The motion was seconded by Councilman Beckam and carried unanimously on voice vote. 8. From Mr. David A. Orr, 1544 Park Street, concerning Ordinance No. 1849, New Series, defining and regulating adult entertainment activities. Mr. Orr, owner of Dave's Pawnshop, requested clarification as to why a pawnshop had been classified as an adult entertainment activity and subject to the above ordinance. The City Attorney stated the ordinance had been written containing provisions approved by the U. S. Supreme Court for the City of Detroit. Following a brief discussion, Councilman Beckam moved the City Attorney be directed to prepare an amendment to the ordinance which would delete the word "pawnshop.' The motion was seconded by Councilman Tillman and on voice vote carried unanimously. 9. From the Alameda County Human Relations Commission, signed by the Chairperson, concerning provisions of Ordinance No. 1880, New Series, prescribing duties of the Social Service Human Relations Board. President Corica reported the County Commission had expressed concern and urged reconsideration of the provisions of Section 3-355, which read that "the Board shall not investigate the actions or proceedings of other City or County agencies or make findings of fact concerning actions taken or determinations made or proposed by such agencies." He noted that it was only after a thorough discussion and evaluation, including a joint meeting between the City Council and the Board as it was then constituted, that the ordinance was adopted and tailored to fit the needs of the City. He stated he was satisfied with the ordinance and saw no reason for change at this time. Councilman Tillman concurred with President Corica's statement. Mrs. Anita Weier, former member of the Social Service Board, reported she had chaired the Board committee that had drawn up a proposed ordinance, unanimously approved by the Board, for presentation to the City Council. She stated it was her opinion the Board would have preferred adoption of the ordinance they submitted, rather than the ordinance prepared by the City Attorney and adopted by the City Council. She alleged the present ordinance left the Board in a rather powerless position. Ms. Elizabeth Rogers, 1261 Weber Street, commented on a survey of Alameda and Santa Clara County and City ordinances which she had presented to the Council. She expressed disappointment in the ordinance adopted, and stated none of the ordinances surveyed contained similar restrictions. President Corica noted there were many dedicated Alamedans serving on City Boards and Commissions; that it had previously been brought out by some of these members that should a specific Board be given investigative powers, they would resign. He said it was his opinion this was one of the strong points for adopting the ordinance in its present form. Councilman Diament concurred. President Corica said he resented the interference of outside agencies in this and other matters pertaining to local government. Councilman Sherratt pointed out consideration had also been given to other legal requirements which might have involved the city in litigation. City Attorney Stroud stated the ordinance did not preclude the Board from obtaining information from public records, or from making recommendations which the ordinance empowered them to make; that the Council was not empowered to give the Board a regulatory function. Mrs. Darlene Banda, Chairman of the Board, stated she, personally, did not feel an ordinance was needed as she had felt comfortable working within the framework of the Charter. Mr. Joe Camicia, Member of the Alameda County Human Relations Commission, offered their assistance, and stated this had been the purpose of the communication. Councilman Sherratt moved acceptance of the communication, seconded by Councilman Diament and on voice vote carried unanimously. -10. From Mrs. Rhoda Siegel, Goodwill Cab Company, concerning Senior Citizens' Taxi Scrip.. Mrs. Siegel expressed her interest in participating in the program. She questioned the status of the contract. President Corica assured Mrs. Siegel her request would be taken into consideration at the time the scrip became available. He said he had talked to Supervisor Cooper, who had informed him the matter was held up in Sacramento. Councilman Tillman asked that the Assistant City Manager forward to Mrs. Siegel a copy of the Board of Supervisors' communication to the State requesting a release of additional funds for Senior Taxi Scrip. HEARINGS: 11. In the Matter of an Appeal filed by Harbor Bay Isle Associates from the decision cf the Planning Board concerning a proposed amendment of PD 74-3 and Tract 3645, modifying the bridge design for the Bridgeway Lagoon Crossing. President Corica reported a letter had been received from the Project Manager, who requested the Council to remand the matter to the Planning Board for rehearing based on an illness which had prevented him from appearing before the Board. The President stated he did not believe this was sufficient reason to refer it back to the Board. Councilman Sherratt concurred. Councilman Tillman said it was his understanding there was new evidence which had not been available to the Planning Board. Councilman Diament stated this was also her belief, and asked the advice of the City Attorney. Mr. Stroud reviewed the options available to the Council, i.e., to deny the appeal, to hear it on the record, or to hear it or remand it if there was new evidence. Councilman Beckam noted the Police Department, Recreation Department and City Manager had submitted memoranda dated subsequent to the Planning Board hearing, and had suggested additional evidence was available. He moved the matter be remanded to the Planning Board for rehearing. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote. 12. In the Matter of a proposal to rezone the Parrot Village site of Makassar Straits Village from the R-2, Two-Family Residential District, and the M-1-PD, Intermediate Industrial (Manufacturing) District with a Planned Development Overlay, to the R-3-PD, Restricted Apartment District with a Planned Development Overlay. (Applicant: Alameda Housing Authority) The City Clerk reported the Affidavit of Publication of the required Notice of Hearing was on file, and all interested parties had been notified. President Corica stated it was his understanding the Housing Authority had requested a change to R-3. City Manager Goss noted the Housing Authority had originally applied for R-3-PD, but now desired R-3; that the Planning Board recommended R-2-PD. President Corica explained procedure which would be followed, and declared the Hearing opened. Mr. Daniel Reidy, Assistant Planning Director, reported the Housing Authority, acting as their own lead agency, had prepared an Environmental Review and determined a negative declaration was appropriate; the City's Environmental Assessment Committee had considered the matter on November 10, 1977, and declared the particular project categorically exempt. These reports were turned over to the City Clerk for filing. Mr. Reidy stated a public hearing had been conducted by the Planning Board; that in preparation for the hearing materials had been made available from both the Housing Authority consultants and Planning Department staff. He noted staff had recommended R-3-PD as the most appropriate. That at the Planning Board hearing held December 5, 1977, there had been much public input and comment, and the Planning Board had made a determination in the form of a recommendation to the Council that R-2-PD would be the most appropriate zoning. In subsequent analysis by staff, he said they continued to thinkR-3-PD would be the most appropriate zoning, based on the comments made in the staff report. He stated the pivotal issue was whether a Planned Development Overlay would be appropriate, and staff felt this would give an opportunity to assure site planning, open space, and parking considerations had adequate attention. He noted the project would have Design Review Board review. He said the Planned Development Overlay would not allow under R -2 -PD a garden -type townhouse development, which had been proposed by the consultants of the Housing Authority, and the technical design staff felt the best use of the land would be a connected garden -type townhouse development which would be allowable under R -3 zoning. He stated they would recommend R -3 as the best underlying zone. He noted the Council had received the records of the Planning Board action, and an important finding upon which the Planning Board had found R -2 -PD the most appropriate was that there were additional open space requirements. President Corica asked if R -2 -PD would accommodate the type of structure the Housing Authority wished to replace. Mr. Reidy stated it would not. He answered questions asked by the Council members. City Attorney Stroud noted the Planning staff report dated November 22, 1977, and the Planning Director's report to the Council dated December 8, 1977, summarizing the action of the Planning Board were on record. On the call for proponents, Mr. William Godfrey, Housing Authority Commissioner, stated the reason Housing Authority could not live with R -2 or R -2 -PD was because of finances. He stated they were requesting a rezoning to R -3 for the following reasons: (1) A Planned Development Overlay would create additional expense in providing architect's plans to the Planning Department, and (2) They had to build to HUD regulations, which, he stated, were more restrictive and asked for more parking and open space than required by a Planned Development. He alleged they would be unable to build on the site if the recommendation of the Planning Board was approved. The following persons spoke as opponents. Mrs. Barbara Worden, 1315 Regent Street, alleged a conflict on interest existed in that the City Attorney represented both the City and the Housing Authority. She suggested outside counsel be hired to advise the City in this particular rezoning matter. Mrs. Worden stated it was her opinion a rezoning to R -1 -PD would permit clustered housing, and called attention to the development of Bay Farm Island undersimilar zoning. She questioned how open space would be provided under an R -3 zoning. Mr. Stroud explained provisions of the State Bar P.ct relating to conflicts of interest. He stated no practical or legal conflicts existed at this point. Mr. William Hildebrand, 1031 Eagle Avenue, representing the Northside Association, stated they were opposed to any impaction of the neighborhood by adding innumerable units of housing. He stated that under R -3 zoning, the Housing Authority could put in approximately 144 units, however these units were not measured by the number of bedrooms. He discussed the location of the site and surrounding areas, and the history of the housing project. He said the houses in the neighborhood were mainly single-family homes, and the residents had been under the impression this and the former Navy housing project were supposed to have been temporary in nature. He stated the residents of the neighborhood had put up with vandalism, problems, and property damage; that many were elderly, while others had less income than persons living in the housing project. He expressed their opposition to a replacement of the project. He asked for an explanation cf what the Housing Authority proposed to place on the site, and stated they had suggested options which would be acceptable to the neighbors, such as housing for the elderly, for the handicapped, and some for families. He said the Association would recommend no action be taken by the Council on the proposed zoning. On question, Mr. Godfrey stated the Housing Authority would be willing to stipulate that the maximum amount of units on the entire site would not exceed 78. He reported that as of this date, they only had authority for 50 units from HUD for rent subsidy. He said the 7 houses acquired from the School District were not included in this application, and were in addition to the 78. Mr. Kuo-Ren Lin, Architect for the Housing Authority, reviewed the plan which had been approved by HUD. He stated the building coverage for the 50 units was 20% of the site, the plan indicated 160 bedrooms would be provided, that 20% of the 50 units would be two-bedroom units, and 44,000-square feet would be designated as open space. He noted there was a possibility to provide an additional 20 units on the undeveloped area, however more than 20% two-bedroom units would be provided in this area. Mr. Hildebrand commented this could mean a total of 242 bedrooms, as compared to the 200 bedrooms presently on the site. He said their concerns were mainly with family housing; that if they could obtain some agreement from the Housing Authority for housing for the handicapped or elderly, they would have no objection to whatever number of units were put in. Mr. Godfrey reported 10 of the 50 units would accommodate handicapped persons and these would be two-bedroom units. Mrs. Josephine Boxier, 814 Haight Avenue, asked that the Housing Authority not put handicapped persons and senior citizens in the same location with families with children. Mr. Jerry Edwards, 939 Eagle Avenue, asked that the density be kept down as much as possible. Mrs. Dorothy Allen, 1020 Pacific Avenue, spoke as a proponent. She noted that any neighborhood within the City could cite similar problems with neighbors; she alleged the opponents were more concerned with counting the numbers of bedrooms and reported that in the old units there had been many large families living in small units and the assertion more bedrooms created more persons was incorrect. She commented on the Esperanza project which provided larger units and provided more open space, and alleged this eliminated many of the previous problems with the old units. She said she understood that under the Housing Authority plan additional security and community programs would be provided. The hearing was declared closed. Councilman Diament stated she understood the concerns of the neighborhood, however, the City was committed to replace the low income units because of a Tenants' Union suit by which the Housing Authority was committed to respond in building. She stated that after much discussion, it had been determined the Parrot Ave. site was the best available location and if low income units were to be placed in another area of the city, it would necessitate being put to a vote of the electorate to do so. Councilman Beckam moved the Council find the Housing Authority is the lead agency; to accept their negative EIR declaration; to concur in finding the EAC found the project exempt; and the ordinance for introduction be taken out of order. The motion was seconded by Councilman Tillman. Councilman Sherratt suggested the motion be amended by also directing the project plans be submitted to the Council because of HCDA involvement. Councilmen Beckam and Tillman consented to the amendment. Councilman Tillman asked if it was the intent of the Housing Authority to move the people presently residing in Makassar Housing to the new project when it was completed. Mr. Godfrey stated this was the only way they could accomplish what had been promised and allow them to tear down the old Makassar units. On a call for the question, the motion, as amended, carried unanimously on voice vote. INTRODUCTION OF ORDINANCES: 13. "Ordinance No. New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series." (R-77-9 -- Parrot Village) Councilman Beckam introduced the ordinance, amended to rezone the property from R-2 and M-1-PD to R-3, after which it would be laid over under provision of law and the Charter. The motion was seconded by Councilman Tillman and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. HEARINGS: 14. In the Matter of a proposal to rezone property located at 520-530 Central Avenue from R-5-PD, General Apartment District with a Planned Development Overlay, to R-1-PD, Single Family Residential District with a Planned Development Overlay. The City Clerk reported the Affidavit of Publication of the required Notice of Hearing was on file, and all interested parties had been notified. Assistant Planning Director Reidy reported the Planning Board had adopted a negative declaration on the Environmental Review. He stated the rezoning had been originally proposed by members of the Planning Board during the processing of the project, and, after public hearing, the Board recommended a denial of the rezoning by a vote of four to three. He reviewed the proposal, and noted the developer was unwilling to have the property rezoned to R-1-PD prior to the time the final map was acted upon. President Corica explained the procedure to be followed, and declared the Hearing opened. Mr. John Kihn, 2119 Los Molinos, San Rafael, representing the developer, stated he was neither for or against the proposal. He said he would prefer not to have the property rezoned until the final map was recorded. On the call for proponents or opponents, there was no response, and the hearing was declared closed. Councilman Sherratt moved the decision of the Planning Board to deny rezoning be upheld. The motion was seconded by Councilman Beckam and on voice vote carried unanimously. REPORTS AND RECOMMENDATIONS: 15. From the City Manager recommending Reimbursable Agreement between the City and the Federal Aviation Administration for installation of a localizer. President Corica reported this item would be held over. 16. From the Planning Board, signed by the Secretary, submitting a recommendation on Rezoning Application R-77-10, a reclassification from R-5, General Apartment District, to R-5-PD, General Apartment District with a Planned Development Overlay, at 716 Central Avenue. Applicant: John Anthony. The hearirg date was set for January 3, 1978. 17. From the Auditor-Assessor, requesting authorization to refund real and personal property taxes erroneously levied and collected, and to cancel taxes on real property deeded to the City. Councilman Beckam moved acceptance of the report and the resolution be taken out of order. The motion was seconded by Councilman Sherratt and on voice vote carried unanimously. RESOLUTIONS: 18. The following resolution was introduced by Councilman Diament, who moved its adoption: "Resolution No. 8836 Ordering Cancellation and Refund of Real and Personal Property Taxes Erroneously Levied and Collected." The motion to adopt said resolution was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. REPORTS AND RECOMMENDATIONS: 19. From the City Manager recommending approval of the Final Map for Tract No. 3903, being Block 14 of Tract No. 3645, Village II, Harbor Bay Isle. Councilman Beckam moved acceptance of the report and the resolution be taken out of order, seconded by Councilman Tillman, carried unanimously on voice vote. RESOLUTIONS: 20. The following resolution was introduced by Councilman Diament, who moved its adoption: "Resolution No. 8837 Approving Final Map of Subdivision Known as Tract 3903, Authorizing Execution of Agreement for Construction of Public Improvements Therein, Approving Bond as to Sufficiency, and Accepting Certain Public Streets, Easements and Access Rights (Harbor Bay Isle Associates, Subdivider) .11 The motion to adopt said resolution was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. REPORTS AND RECOMMENDATIONS: 21. From the Assistant City Manager concerning discontinuance of mailing City Newsletter by the Bureau of Electricity. President Corica reported a letter had been received from the publisher of the Alameda Times-Star, who had submitted a proposal for printing the newsletter in the newspaper. Councilman Tillman suggested the Assistant City Manager's time could be put to better use on other problems than the newsletter, and other sources of distribution be investigated. Assistant City Manager Creagh reviewed the method which had been used in printing and distributing the newsletter. He noted the Bureau equipment was no longer adequate, and they were unwilling to continue. Following a brief discussion, Councilman Sherratt moved acceptance of the report, and the decision on the type of advertising to be done in the future be held over for a couple of months. The motion was seconded by Councilman Beckam and carried unanimously on voice vote. 22. From the City Manager concerning the Alameda High School Fact Finding Committee questionnaire. Councilman Sherratt moved acceptance of the report, and a copy of the communication be sent to the Committee. The motion was seconded by Councilman Beckam and on voice vote carried unanimously. 23. From the City Manager regarding the Dimension Electronic PBX System. Councilman Beckam moved acceptance of the report, and the resolution be taken out of order; seconded by Councilman Sherratt, carried by a voice vote of 4 Ayes and 1 Abstention (Councilman Tillman). RESOLUTIONS: ,24. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8838 Authorizing Execution of Agreement with the Pacific Telephone and Telegraph Company Relating to Furnishing and Maintaining a Dimension Electronic PBX System." The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: None. Abstaining: Councilman Tillman (1). UNFINISHED BUSINESS: 25. Consideration of appointment of Planning Board member. President Corica place in nomination the name of Mrs. Amey C. Stone. The nomination was seconded by Councilman Beckam and carried unanimously on roll call vote. 26. Consideration of the following items brought up under "New Business" at regular meeting held December 7, 1977: (a) Comment by Councilman Diament on need for public telephone booth on Bay Farm Island. City Manager Goss reported he had talked to a representative of the Telephone Company, and their reaction was that at this time there were public telephones associated with the Golf Course and they were awaiting the development of Bay Farm Island and the shopping center before selecting additional sites. Councilman Diament stated she felt there was a very real need for a facility on the older section of Bay Farm Island, and suggested a booth be placed at Godfrey Park. Councilman Tillman suggested a public telephone be placed outside the Fire Station on Bay Farm Island, and that it be lighted at night. Following discussion, the City Manager was directed to pursue the Fire Station location and investigate other possible sites in the highlands. (b) Suggestion made by President Corica concerning beautification of a vacant parcel of land at the corner of Otis Drive and Oak Street, and the area near the Bay Farm Island Bridge. President Corica commented on the report submitted by the Assistant City Manager. Councilman Tillman questioned whether the lot at the corner of Otis Drive and Park Street could be included. The Assistant City Manager was directed to submit a report on costs, and investigate the possibility of incorporating the property at Otis and Park. Councilman Sherratt suggested use of Dwelling Unit Tax funds for the project. 27. Councilman Beckam questioned the status of the study on the Alameda County Flood Control District report on west end problems. The City Engineer stated he had looked at the report and passed it on to the Engineering Division for their reaction. He was requested to pursue this matter. NEW BUSINESS: 28. President Corica commented on the working facilities at the Corporation Yard. He asked that reconstruction of the Yard be made the No. 1 priority for Capital Improvement. City Manager Goss reported this project was currently No. 1 in the unfunded category. There followed a short discussion of funding possibilities. The City Manager stated he felt there was a strong need to replace the buildings and provide better facilities. He noted there was a large Capital Improvement Program, however, most were based upon special funds, or funds recieved from Federal and State sources which could only be used for certain types of projects. He said there did not appear to be a lot of prospect for funding for a Corporation Yard, except maybe through an EDA Grant. He noted that at the present time the only funds available for Capital Improvement projects was a portion of the Business License Tax; however, in order to finance the Police Building, that source of funds from 1976-77, the current fiscal year, and 1978-79, would have to be applied to that project. Therefore, he said, 1979-80 would be the first year where unrestricted funds would be available for a project such as the Corporation Yard. Councilman Beckam suggested another potential source of funding might be the Dwelling Unit Tax. Mr. Joseph Sullivan suggested the Council reconsider an increase in the Documentary Transfer Tax for funding Capital Improvement projects. 29. Councilman Diament questioned staff attendance at the Labor Relations Institute to be held in January and whether this had been included in the budget. The Assistant City Manager said he would be attendino, and the costs had been budgeted. 30. President Corica asked how copies of the Combined Land Use Plan were being made available for public input. Assistant Planning Director Reidy reported between 60 and 80 copies had been mailed to interested agencies, two copies were available at each Public Library, and additional copies could be taken out from the Planning Department on a loan basis. President Corica suggested the selling price of $7.50 be reduced, and complimentary copies be furnished to the local service organizations for their input. Councilman Sherratt asked that the public be made aware that copies of the Plan were available without cost. 31. Councilman Tillman commented on the siren location at St. Philip Neri. He asked if it could be placed in another location. RESOLUTIONS: 32. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8839 Rejecting Claim of Larry Clement Against City." The motion to adopt said resolution was seconded by Councilman Sherratt and carried cn the following roll call vote. Ayes: Five. Noes: None. Absent: None. 33. The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution No. 8840 Authorizing Execution of Agreement with R. L. Kautz & Co. for Services in Connection with Supervision and Administration of City's Liability Self-Insurance Program." The motion to adopt said resolution was seconded by Councilman Diament and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 34. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8841 Establishing a Claims Account and Claims Board in Connection With the City's Liability Self-Insurance Program and Delegating Authority to Write Checks Thereon and to Pay Claims of Five Thousand Dollars or Less." The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 35. The following resolution was introduced by Councilman Diament, who moved its adoption: "Resolution No. 8842 Establishing a Liability Insurance Reserve Fund." The motion to adopt said resolution was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 36. The following resolution was introduced by Councilman Diament, who moved its adoption: "Resolution No. 8843 Adopting Procedures for Processing Environmental Impact Reports (EIRs) and Selecting Consultants to Prepare EIRs for the City." The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. The President declared the foregoing Resolutions adopted. ORDINANCES FOR PASSAGE: 37. "Ordinance No. 1897, New Series Amending the Alameda Municipal Code by Amending Article 3 of Chapter 2, Title XVI Thereof, Defining and Regulating Bingo for Authorized Organizations, Prescribing Penalty for Violation Thereof, and Relating to Citation Procedure for Violations." 125 Councilman Diament moved the ordinance be passed as submitted. The motion was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 38. "Ordinance No. New Series Amending the Alameda Municipal Code by Adding Article 2 to Chapter 13 of Title III Thereof, Establishing a Dwelling Unit Tax for Public Transit and Non-Motorized Transit Purposes." Councilman Tillman stated he would vote against passage of the ordinance in its present form. He recommended the ordinance be amended to establish the tax at S900, and all moneys collected be deposited in a Park, Recreation, Public Transit and Non-Motorized Transit Fund to be used solely for the following purposes: (a) One-sixth of the funds may be used for providing or assisting in the provision of public transit or non-motorized transit forms of transportation; (b) All funds may be used for providing park and recreation facilities, including real property, within the City. Also, the ordinance to state that it provides for and fixes the rate of a tax levy and is a municipal revenue measure, and it shall be in full force and effect immediately upon its final passage. Councilman Beckam stated he concurred with Councilman Tillman. He moved the City Clerk be directed to agendize the proposed ordinance for the next meeting, and the Ordinance for Passage under consideration at this meeting be tabled. The motion was seconded by Councilman Tillman. Mr. Joseph Sullivan objected to tabling the above ordinance and urged that some action be taken to dispose of it at this meeting. President Corica suggested the Council should first take a position on the Ordinance for Passage, and then the proposed amended ordinance could be placed on the agenda for the next meeting. Councilman Sherratt voiced his concurrence with the remarks made by Mr. Sullivan. He said he felt he would be more comfortable with the proposed amendment. Following a brief discussion and clarification of the compound motion by the City Attorney, President Corica called for a vote on the motion, which carried on the following roll call vote. Ayes: Three. Noes: Councilman Diament, President Corica, (2). Absent: None. BILLS: 39. An itemized List of Claims against the City of Alameda and the Departments thereof in the amount of $82,078.85 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 December 20, 1977, and presented to the City Council at this meeting be allowed and paid. The motion was seconded by Councilman Sherratt and carried unanimously on roll call vote. FILING: 40. Agreement with Harbor Bay Isle Associates - re Tract No. 3903. 41. Agreement with Pacific Telephone - re Dimension Electronic PBX SvSte0, 42. Agreement with R. L. Kautz & CO. - re City's Liability Self-Insurance Program. 43. Financial and Operating Report of Bureau of Electricity for 4 months ended October 31, 1977. ADJOURNMENT: 44. There being no further business, the meeting was adjourned at I0:40 p.m. in respect to the memory of GEORGE SAFFORD, retired employee of the Bureau of Electricity, and FRANK McCLINTOCK, Former member of the Public Utilities Board, to assemble in regular session on Tuesday, January 3, 1978, at 7:30 o'clock p.m. Respectfully submitted, City Clerk