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1978-06-06 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY JUNE 6, 1978 The meeting convened at 7:30 o'clock p.m. with President Corica presiding. The Pledge of Allegiance was led by Councilman Beckam, followed by an Invocation delivered by Reverend Ronald Barton, Minister of the First Congregational Church. ROLL CALL: The roll was called and Councilmen Beckam, Diament, Sherratt, Tillman, and President Corica were noted present. Absent: None. MINUTES: 1. Councilman Sherratt moved the minutes of the regular meetings held May 2 and May 16, the adjourned regular meeting held May 23, and the special meeting held May 26, 1978, be approved as submitted, seconded by Councilman Diament. The motion carried on unanimous voice vote, with Councilman Beckam abstaining from voting on the minutes of the meetings of May 16, 23, and 26, as he had been absent. RESOLUTIONS: 2. The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution No. 8916 Appointing Commissioner of the Housing Authority of the City of Alameda." (Grace V. Douglas) 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. 3. The following resolution was introduced by Councilman Diament, who moved its adoption: "Resolution No. 8917 Appointing Commissioner of the Housing Authority of the City of Alameda." (William Trujillo) 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. 4. The following resolution was introduced by Councilman Diament, who moved its adoption: "Resolution No. 8918 Appointing Commissioner of the Housing Authority of the City of Alameda." (Lola S. Pruitt) The motion to adopt said resolution was seconded by Councilman Tillman, and carried on the following roll call vote: Ayes: Five. Noes: None. Absent: None. On request, the City Clerk administered the Oaths of Office to Msdms. Douglas and Pruitt and Mr. Trujillo. WRITTEN COMMUNICATIONS: 5. Held over from the meeting of May 16, from Mr. James P. Pachl, attorney for Mr. Stephen W. Morris, concerning an application for an encroachment permit. City Engineer Hanna discussed the history of the issue and referred to photographs posted in the Chamber showing the areas involved. He noted the differences between Federally-owned property and City-owned tidelands. Mr. Hanna said the problem of encroachments onto City-owned property had been in existence for some time and seemed to be increasing presently. On question from Councilman Diament, Mr. Hanna reported both the Bay Conservation and Development Commission and the Army Corps of Engineers had some jurisdiction over the water areas. He stated BCDC had jurisdiction over a 100-foot band inward from the high water line and the Corps of Engineers had jurisdiction over the area under the high water mark. Councilman Tillman referred to a letter from the City Attorney dated October 3, 1977, addressed to the City Council, which outlined BCDC jurisdiction in more detail and which cited cases relating to previous decisicns on encroachments. He suggested a decision should be made in conjunction with discussion on the Combined Land Use Plan, since any decision made would affect more than one area of the City. Mr. Robert DeCelle referred to the State of California Tidelands Grant Act passed in 1913. He said he felt the section he quoted meant that any decision about leasing or granting any portion of the tidelands must be decided by a vote of the people. Deputy City Attorney Quan said it was his opinion the vote of the people was only required for a grant to the United States Government and did not refer to leases to other parties. City Manager Goss said he agreed, and this was the interpretation followed in 1970 when leases had been considered. President Corica stated he would like to have a report from the City Attorney on the legal aspects of the issue. Councilmen Sherratt, Tillman, and Beckam each requested further information: 1) an explanation of the differences between Federal property and tidelands and a report on how the Federal government granted encroachments; 2) a report on other encroachments in the City; 3) a report on lease arrangements; and 4) a report on taxes accrued on the improvements on City property. Councilman Sherratt moved the City Attorney be directed to research the legal avenues and the City Manager also provide an updated comparison on lease agreement figures, that the report be submitted to Council no later than the time the CLUP document was reviewed, and the suggestions of Councilmen Tillman and Beckam also be incorporated in the motion. The motion was seconded by Councilman Diament. On the question, Ms. Leora Feeney, representing Save Our Shoreline, read a letter from her organization on the issue of encroachments. She offered several considerations to the Council: 1) to adopt a policy incorporating BCDC regulations and apply it to all shoreline property; 2) to maintain these properties at City expense rather than having the homeowners maintain them; and 3) to enforce a policy which benefited the entire city. On a call for the question, the motion carried on unanimous voice vote. 6. From Mr. Robert M. Brewer, 2045 Buena Vista Avenue, submitting petitions containing 621 signatures, concerning traffic circulation impact on Buena Vista Avenue. Mr. Robert Brewer spoke briefly on the concerns expressed in his letter to the Council. He said residents of the area were disturbed over the current, as well as future, traffic problems. The following persons spoke in opposition to the continuance of Buena Vista Avenue as a truck route and related their personal concerns with traffic problems in the area: Mr. Thomas Brown, 1221 Buena Vista Avenue; Mr. Warner R. Bussen, 1842 Elm Street; Miss Helen Wishmeyer, 1721 Grand Street; Ms. Kathleen Lindahl, 2516 Buena Vista Avenue; Mr. Andre Rainier, 2251 Buena Vista Avenue; Mr. Paul Fouts, 1719 Willow Street; Mrs. Mary Hargrone, 1721 Willow Street; Ms. Mary Allen, 2534 Buena Vista Avenue; Ms. Denise Fouts, 1719 Willow Street; Ms. Dorothy Madsen, 22261/2 Buena Vista Avenue. Councilman Diament reported she was in receipt of a letter from Mrs. Roy Middlecamp, 7661/2 Buena Vista Avenue, on the subject. She asked that copies be distributed to the members of the City Council. The matter was referred to the Traffic Advisory Committee, and to the Planning Board for consideration in connection with the hearings on CLUP. Ms. Rosalie McPherson, President of the Planning Board, invited all interested citizens to a hearing before the Planning Board on June 7 relating to the proposed Patton Way project. 7. President Corica reported on a presentation to the City from Congressman Pete Stark of a copy of the portion of the Congressional Record referring to "Heritage Days" currently being celebrated in the City. 8. From Mr. W. R. Boyd, 3312 Bridge View Isle, requesting improvement of property conditions existing in the area of Bridge View Isle and the installation of a street name sign. President Corica asked the City Manager to contact the Bureau of Electricity and Pacific Telephone Company and inform them of the concerns expressed and referred the request for a street name sign to the Engineering Department. Mr. John Barni, 1277 Bay Street, representing Mr. Boyd, suggested the Bureau and the Telephone Company might each install half of the needed concrete on the 20-foot unimproved area. 9. From Save Our Shoreline, signed by Mrs. Leora Feeney, recommending the Snowy Egret be considered to represent Alameda wildlife. Master Aaron DeCelle, 276 Beach Road, spoke in favor of designating the Snowy Egret as the official bird of Alameda. Councilman Diament moved the City adopt the Snowy Egret as the official bird, seconded by Councilman Tillman, and carried on unanimous voice vote. 10. From Alameda Lodge No. 1015 B.P.O.E., signed by Mr. Arthur A. Kurrasch, Flag Day Chairman, extending an invitation to attend the annual Flag Day ceremonies to be held on June 14, 1978. President Corica noted all interested citizens were invited to participate in the ceremonies. 11. From the Northside Association, signed by Mr. William H. Hildebrand, President, concerning various subjects. President Corica said a letter would be written to the Northside Association informing them the Council was aware of the problems mentioned in this communication. REPORTS AND RECOMMENDATIONS: 12. From the Auditor-Assessor, recommending refund and cancellation of taxes and certain penalties and costs levied in accordance with the 1973-74 and 1977-78 Secured and Unsecured Rolls. 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: 13. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8919 Ordering Cancellation and Refund of Real and Personal Property Taxes Erroneously Levied and Collected." 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. REPORTS AND RECOMMENDATIONS: 14. From the Public Utilities Board, signed by the General Manager and Chief Engineer, concerning "lifeline" rates. Councilman Sherratt moved acceptance of the report, to be reviewed when a discussion of "lifeline" rates was held, seconded by Councilman Beckam, and carried on unanimous voice vote. 15. From the Public Utilities Board, signed by the General Manager and Chief Engineer, transmitting a response to a report of the Ad Hoc Efficiency Committee. Councilman Beckam moved acceptance of the report, seconded by Councilman Sherratt, and carried on unanimous voice vote. 16. From the Planning Board, signed by the Secretary, submitting a recommendation on Parcel Map 2542 (Parcel 2 of Parcel Map 1613 and portion of Parcel 2 of Parcel Map 1907 - 2200 block west side of Otis Drive between Park and Willow Streets). Developer: South Shore Center, Inc. Councilman Beckam moved approval of the conditions and findings in the report and the resolution be taken out of order, seconded by Councilman Diament, and carried on unanimous voice vote. RESOLUTIONS: 17. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8920 Approving Parcel Map 2542 for Division of Property Located on the South Side of Otis Drive, East of the Westerly Shopping Center Entrance Road, Permitting Recording Thereof and Finding Said Parcel Map Consistent with City's General Plan (South Shore Center, Inc., Subdivider)" 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. REPORTS AND RECOMMENDATIONS: 18. From the Golf Commission, signed by the Chairman, recommending the golf surcharge be removed as of July 1, 1978. President Corica noted Golf Course revenues had increased substantially in the past years and the operation was nearly self-supporting. Councilman Tillman suggested the surcharge be removed as of August, 1978. Ms. Elizabeth Rogers, 1271 Weber, said she felt the surcharge should be retained. Councilman Diament stated she felt the surcharge should he removed at this time and if necessary, adjustments could be made at a later date. Councilman Beckam said he felt the surcharge should not be removed until the entire cost of the Driving Range was paid. Following a discussion on the revenue sources used and available to fund the project, Councilman Tillman moved the surcharge be removed effective August 1, 1978, seconded by Councilman Diament. On the question, Mr. Clifford Dutrow, of the Golf Commission, said the Commission would be agreeable to the August 1 date. On a call for the question, the motion carried on the following voice vote: Ayes: Four. Noes: Councilman Beckam, (1). Absent: None. 19. From the City Manager, recommending acceptance of the project for the Construction of Arch Culverts at the intersections of Fountain Street and Adams Street and at Court Street and Washington Street, the Notice of Completion be ordered filed, and bonds returned. Councilman Diament moved the work be accepted, the Notice of Completion filed, and the bonds returned, seconded by Councilman Beckam, and carried on unanimous voice vote. 20. From the City Manager, recommending approval of the Final Map for Tract No. 3810, being Village I (remainder), Village III, and Village IV - Harbor Bay Isle Associates, developer. Councilman Beckam moved acceptance of the report, approval of the recommendations, and the resolution be taken out of order, seconded by Councilman Sherratt, and carried on unanimous voice vote. RESOLUTIONS: 21. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8921 Approving Final Map of Subdivision Known as Tract 3810, Authorizing Execution of Agreement for Construction of Public Improvements Therein, Approving Bonds as to Sufficiency, and Accepting Certain Easements, Access Rights and Parcels of Land (Harbor Bay Isle Associates, Subdivider). 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. REPORTS AND RECOMMENDATIONS: 22. From the City Manager recommending award of contract to Ronald B. Zimmerman Construction for the project of Additions and Alterations to the Recreation Building at McKinley Park. Councilman Diament moved acceptance of the report and the contract be awarded as recommended, seconded by Councilman Beckam, and carried on the unanimous voice vote. 23. From the City Manager recommending acceptance of the project for the Resurfacing of the Tennis Courts at Franklin Park and the Notice of Completion be ordered filed. Councilman Sherratt moved acceptance of the report and the Notice of Completion be ordered filed, seconded by Councilman Diament, and carried on unanimous voice vote. 24. From the City Manager recommending rebidding of the project for the Construction of Wheelchair Ramps. City Manager Goss said he wished to change his recommendation; that he requested authorization to go to the open market to negotiate the contract, rather than advertise for bids a second time. Councilman Sherratt 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. Adopting Specifications, Special Provisions and Plans for Construction of Wheelchair RAmps at Various Locations in the City, Calling for Bids and Directing City Clerk to Advertise Same." Prior to introduction of the resolution and in response to a question from Councilman Diament, Mr. Rob Wonder, Assistant to the City Manager, reported HUD requirements provided for negotiations on the open market after an unsuccessful bid advertisement. Also, he said HUD required the City to provide employment to local, minority enterprises, which would be the purpose of the negotiations. Councilman Sherratt moved the Assistant to the City Manager be directed to negotiate the contract on the open market, seconded by Councilman Beckam, and carried on unanimous voice vote. The Council declined to introduce the resolution. REPORTS AND RECOMMENDATIONS: 26. From the City Manager regarding the Boat Ramp behind Encinal High School. 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: 27. The following resolution was introduced by Councilman Beckam, moved its adoption: "Resolution No. 8922 Authorizing Execution of Construction and Operation Agreement with California Department of Navigation and Ocean Development for Samll Craft Launching Facility." 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. UNFINISHED BUSINESS: 28. Mr. Oscar Barry of Harbor Bay Isle Associates thanked Mrs. Leora Feeney and Save Our Shoreline for their suggestions and assistance regarding improvements to the plan for Tract 3810. 29. President Corica asked Councilman Sherratt if he had selected a person to fill the vacant position on the Ad Hoc Efficiency Committee. Councilman Sherratt replied he had not yet made a selection. NEW BUSINESS: 30. Councilman Tillman suggested a vote of the people was required to approve the Solid Waste Management Program. City Manager Goss responded a vote would be required in the future, but plans were still in the preliminary stages and a vote was not yet needed. 31. President Corica noted he had received calls about irregularities at some of the election polling places this date. He reported the City Clerk had talked to County officials, who said the problem had been cleared up. He suggested a return to paper ballots for municipal elections. RESOLUTIONS: 32. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8923 Authorizing Execution of Agreement with State of California Relating to Development of an Energy Element of the General Plan." 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. 33. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8924 Authorizing Execution of Agreement with Leo A. Daly in Connection with Development of the Energy Element of the General Plan 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: Five. Noes: None. Absent:., None. 34. The following resolution was introduced by Councilman Diament who moved its adoption: "Resolution No. 8925 Authorizing Execution of Amendment to Cooperation Agreement Between City and Housing Authority 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: Five. Noes: None. Absent: None. 35. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8926 Calling for Bids for Legal Advertising for the City of Alameda for the Fiscal Year 1978-1979." 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. 36. The following resolution was introduced by Councilman Diament, who moved its adoption: "Resolution No. 8927 Authorizing Execution of Agreement for Professional Services with Biddle & Associates, Incorporated, Relating to Validation of Personnel Practices 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. The President declared the foregoing resolutions adopted. INTRODUCTION OF ORDINANCES: 37. "Ordinance No. New Series Amending the Alameda Municipal Code by Amending Section 17-335 Thereof and Adding Section 17-335.1 Thereto Relating to City Hall and City Employees' Parking Lots." Councilman Beckam introduced the above ordinance, after which it would be laid over under provision of law and the Charter. The motion was 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 against the City of Alameda and the Departments thereof, in the total amount of $181,555.49, was presented to the Council at this meeting. The List was accompanied by certification from the City Manager that claims shown were correct. Councilman Diament moved the bills as itemized in the List of Claims filed by the City Clerk on June 6, 1978, and presented to the City Council at this meeting be allowed and paid. The motion was seconded by Councilman Beckam, and carried on unanimous roll call vote. NEW BUSINESS: 39. Councilman Sherratt suggested the current members of the Planning Board whose terms expired June 30, 1978, be asked to apply for re-appointment so they might stay on the Board until the Combined Land Use Plan was completed. He asked the Mayor to express the feelings of the Council to the two Board members. FILING: 40. Financial and Operating Report, Bureau of Electricity, for 7 months ended March 31, 1978. 41. Financial and Operating Report for City as of March 31, 1978. 42. Agreement with Harbor Bay Isle Associates - re Tract No. 3810. 43. Agreement with State - re Energy Element of General Plan. 44. Agreement with Leo A. Daly - re Energy Element of General Plan. 45. Amendment to Cooperation Agreement with Housing Authority. 46. Agreement with Biddle & Associates for Professional Services. 47. Specifications PW 4-78-2 - Construction of Wheelchair Ramps. 48. Agreement with California Department of Navigation and Ocean Development for Craft Launching Facility. ADJOURNMENT: 49. Councilman Sherratt moved the Council retire to executive session for a discussion of personnel and litigation matters, seconded by Councilman Beckam, and carried by unanimous voice vote. At the conclusion of discussion, it was determined no action would be taken. 50. There being no further business to come before the meeting, the Council adjourned at 10:25 o'clock p.m., to assemble in adjourned regular session on Tuesday, June 13, 1978, at 7:00 o'clock p.m. Respectfully submitted, ,, -- City Clerk