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1977-10-04 Regular CC Minutes60 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY OCTOBER 4, 1977 The meeting convened at 7:30 p.m. with Vice President Diament presiding. The Pledge of Allegiance was led by Councilman Sherratt and was followed by an Invocation delivered by the Reverend Hanakoa, of the Buena Vista Methodist Church. ROLL CALL: The roll was called and Councilmen Beckam, Sherratt, Tillman and Vice President Diament, (4), were noted present. Absent: President Corica, (1). MINUTES: 1. The minutes of the special meeting held September 15, were approved as submitted. Vice President Diament requested the minutes of the September 20 meeting be amended at Item 16, page 4, to reflect her strong suggestion the cooperation of the Navy be sought. The minutes of the regular meeting held September 20, were then approved as amended. WRITTEN COMMUNICATIONS: r2. From Helen Allen, President, Alameda Senior Citizen Council, requesting items affecting Senior Citizens be considered early in the evening. The staff was directed to comply with the request whenever possible when preparing agendas. 3. From Jim Payton, 2007 Clinton Avenue, regarding wage administration in Alameda. Councilman Sherratt responded to the communication by describing the amount of time spent on the subject, the requirements of state law, the process of evaluating employees and comparable salaries and personnel in neighboring cities. Councilman Tillman expressed his objection to some of the charges made in the letter and commented he had visited with Mr. Payton. Vice President Diament suggested the Council discuss the possibility of an outside person negotiating for the city next year. /4. From Bruce T. Mitchell, Secretary, regarding election of Trustee of Bay Farm Island Reclamation District No. 2105. Helen Freeman, 831 Laurel Avenue, asked for a list of trustees of the district and a copy of the agreement between Harbor Bay Isle and Reclamation District 2105 for completion of the District's work. Councilman Beckam moved the communication be received and the resolution be considered out of order. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote of the members present. 5. The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution No. 8798 Appointing Trustee of Bay Farm Island Reclamation District No. 2105." The motion to adopt said resolution was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President Corica, (1). HEARINGS: 6. In the Matter of an application initiated by the City Planning Board to rezone a vacant 2.33 acre parcel located at the northwest corner of Mariner Square Drive and Mariner Square Loop from M -2 -G, General Industrial Government Owned or Controlled District to M -2 -PD, General Industrial Planned Development District. The Clerk reported the Affidavit of Publication of the required Notice of Hearing was on file. Planning Director Patterson reported the Planning Board, at its meeting held September 7, 1977, unanimously voted to rezone this property from the M -2 -G to M -2 -PD, removing the G classification because the property was no longer owned by the government. The hearing was declared open. On the call for proponents, there was no response. On the call for opponents, Inez Kapellas, 1128 College Avenue, questioned the purpose of and objected to the PD designation. Mr. Patterson responded to her questions. The hearing was declared closed. Following discussion, Councilman Sherratt moved adoption of the report and the Ordinance be considered out of order. The motion was seconded by Councilman Tillman and carried unanimously on voice vote of the members present. INTRODUCTION OF ORDINANCES: 7. Councilman Beckam introduced the following ordinance, after which it would be laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, N.S." (R 77 -7) The motion was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: None. HEARINGS: 8. In the Matter of rehearing on adoption of Ordinance No. 1858, New Series, which amended the Alameda Municipal Code by Amending Sections 11 -14B8, 11- 14B4(b)(3) and (4) and 11- 14B9(a) thereof and by adding Section 12 -2513 thereto, relating to abatement and removal of nonconforming signs. City Attorney Stroud explained the request that Ordinance No. 1858, N.S. be readopted was related to the current ligiation with Foster and Kleiser regarding billboards. The Planning Director reported the Planning Board had unanimously recommended the ordinance be readopted in an action taken at their meeting held October 3, 1977. The Clerk noted the required Affidavit of Publication of the Notice of Hearing was on file. The hearing was declared opened. On the call for proponents or opponents, there was no response. The hearing was declared closed. Councilman Beckam moved the report be accepted and the Ordinance be considered out of order. The motion was seconded by Councilman Sherratt and carried unanimously on voice vot( of the nembers present. INTRODUCTION OF ORDINANCES: 9. Councilman Beckam reintroduced the following ordinance, after which it would be laid over under provision of law and the Charter: "Ordinance No. 1858, New Series Amending the Alameda Municipal Code by Amending Sections 11 -14B8, 11- 14B4(b)(3) and (4) and 11- 14B9(a) Thereof and by Adding Section 12 -2513 Thereto, Relating to Abatement and Removal of Nonconforming Signs." The motion was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President Corica, (1). REPORTS AND RECOMMENDATIONS: 10. From the Historical Advisory Commission recommending Historical Monument status for the Sactuary building of the First Presbyterian Church, 2001 Santa Clara Avenue. Councilman Sherratt moved the report be adopted and the resolution be considered out of order. The motion was seconded by Councilman Tillman and carried unanimously on voice vote of the members present. RESOLUTIONS: 11. The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution No. 8799 Designating the Sactuary Building of the First Presbyterian Church as an Historical Monument." The motion to adopt said resolution was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President Corica, (1). REPORTS AND RECOMMENDATIONS: 12. From Acting City Manager reporting all work satisfactorily completed on the construction of the Buena Vista Park Recreation Center Building, recommending it be accepted and the Notice of Completion ordered filed. Councilman Beckam moved the work be accepted as satisfactorily completed and the Notice of Completion be filed. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote of the members present. Councilman Tillman commented on the lack of floor covering and requested funds be sought. 13. From Acting City Manager, recommending contract for Washington Park Development, Phase II, be awarded to Valley Crest Landscape, Inc. Following a discussion of the uses of Tidelands Trust Funds, Councilman Tillman moved the contract be awarded to Valley Crest Landscape, Inc. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote of the members present. —14. From Acting City Manager, recommending contract for resurfacing tennis courts at Franklin Park be awarded to J.H. Fitzmaurice, Inc. Councilman Beckam moved the contract be awarded to J.H.Fitzmaurice, Inc. and the funding be approved as outlined in the City Manager's report. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote of the members present. -15. From Acting City Manager recommending extension of contract for Claims Administration for Second Year - Self - Insured Workers' Compensation Program for City of Alameda /Bureau of Electricity. The City Manager noted this was an extension of a current contract with Gates McDonald and Company for administration of workers compensation insurance for both the City and the Bureau of Electricity. Councilman Sherratt moved the report be approved and the resolution be considered out of order. The motion was seconded by Councilman Tillman and carried unanimously on voice vote of the members present, A status report on the self- insurance program for public liability insurance was requested prior to the next meeting. RESOLUTIONS: 16. The following resolution was introduced by Councilman Beckam who moved its adoption: "Resolution No. 8800 Authorizing Extension of Existing Contract with Gates, McDonald and Company and Amending the Consideration Provisions Thereof, Relating to Self- Insured Workers' Compensation Program for City and Bureau of Electricity." The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President Corica, (1). REPORTS AND RECOMMENDATIONS: 17. From the Planning Board, signed by the Secretary, submitting recommendation on Tentative Map for Tract 3865, located at Otis Drive and Rosewood Way. Planning Director Patterson reported this was an 82 acre site at Otis and Rosewood; the Planning Board had unanimously recommended approval of the Tentative Map at its meeting held September 19, 1977, with the findings and conditions outlined in their report. Mr. Patterson answered the questions of the Councilmembers. Helen Freeman questioned the use of Tidelands funds, the public walkways in the East End, the property exchange of the City and Harbor Bay Isle's subject property and the Bay Farm Island Park, the proposed settlement agreement between the City and Harbor Bay Isle with respect to public lands, and questioned the reference to the Regional Water Quality Control Board in the resolution. The Councilmembers, City Engineer Hanna and Planning Director Patterson answered the questions. At the conclusion of discussion, Councilman Beckam moved approval of the report, adoption of the findings and conditions as outlined in the Planning Board's recommendation, and consideration of the resolution out of order. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote of the members present. RESOLUTIONS: 18. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8801 Approving Tentative Map for Tract 3865, a Division of Property at Otis Drive and Rosewood Way, Finding Said Tentative Map Consistent with the City's General Plan and Determining that Discharge of Waste into Sewer System will not Violate Regional Water Quality Control Regulations." The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President Corica, (1). REPORTS AND RECOMMENDATIONS: 19. From Acting City Manager submitting recommendation on request for waiver of Subdivision Map Act requirements for 2841 Van Buren and 1360 Grove Street. Councilman Sherratt moved the request be approved and the resolution be considered out of order. The motion was seconded by Councilman Beckam and carried unanimously on voice vote of the members present. RESOLUTIONS: 20. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8802 Waiving Parcel Map Requirements of the Subdivision Map Act for Property Located at 2841 Van Buren and 1360 Grove Street." REPORTS AND RECOMMENDATIONS: 21. Held over from meeting held September 6, from Acting City Manager, submitting recommendation on request by Alameda Hospital for dredge and fill permit. City Engineer Hanna recommended the local permit be issued and the Corps of Engineers could then review the question of its jurisdiction. Councilman Tillman moved the requested fill permit be approved. The motion was seconded by Councilman Beckam and carried unanimously on voice vote of the members present. 22. From Alameda Recreation Commission, signed by the Secretary, regarding bicycle path program and Bay Farm Island Bridge. Councilman Sherratt moved the report be accepted and the Recreation staff and Commission be instructed to pursue funding for this project. The motion was seconded by Council- man Tillman. At the request of the City Manager, and with the consent of the second, the motion was amended to instruct staff to pursue the acquisition of funds for this project. The motion was adopted unanimously on voice vote of the members present. 23. From Acting City Manager submitting recommendation on bids received for printing the Combined Land Use Plan. Councilman Beckam moved the contract be awarded to Techni- Print, Inc. in the amount of $6,869.25. The motion was seconded by Councilman Sherratt. Amey Stone, 1623 High Street, commented on the Fernside extension, the election in March, 1977, and the content of the draft. Planning Director Patterson again explained the procedure involved in preparing the Combined Land Use Plan. The Councilmembers also responded to Mrs. Stone's questions. A ten - minute recess was called. When the meeting reconvened, Inez Kapellas commented on Measure A (1973 election). The format of the draft Combined Land Use Plan was also discussed. Following further discussion, the motion to award the bid to Techni- Print, Inc. was adopted on the following roll call vote. Ayes: Three. Noes: Vice President Diament, (1). Absent: President Corica, (1). On question, Vice President Diament explained she was opposed to the cost of printing the document which would be revised. A lively discussion of the alternatives ensued. 24. From Acting City Manager regarding installation of house laterals during fiscal year 1977 -78 - Contract Specifications PW 5 -77 -4. On request, the City Engineer related the problem in securing appropriate bonds from the low bidder, Vermont Engineers, who had been awarded the project in June, 1977. He noted it had been necessary for his staff to secure individual bids on the work performed to date which should have been handled by the fiscal year contract, and recommended the bid bond, submitted with the bid as a guaranty the contract would be executed in conformance with the bid, be retained, and the project be rebid. Councilman Beckam moved the award of the contract be rescinded, the bid guaranty be retained by the city and the work be readvertised for bid. The motion was seconded by Councilman Tillman and carried on the following vote. Ayes: Four. Noes: None. Absent: President Corica, (1). UNFINISHED BUSINESS: 25. Discussion of method of selecting consultants to prepare EIR's. Following the City Attorney's comments, Councilman Beckam noted several memos from both the Attorney and the Planning Director had been received. He suggested that the City Manager and City Attorney, and their respective staffs, be directed to put the various suggestions together into an EIR flow chart or process combining the various points listed in the memos where possible, or setting them aside if not, such as a consultant list from which a selection could be made, form of request for proposals, a pre -award conference procedure where city staff and principals would be able to provide the same information for all potential consultants and then evaluation and selection process to cover both the draft and final EIR process for projects which could be large and predetermined to possibly be tenuous and time - consuming, or for smaller projects, an alternate which would not necessarily require the draft and final EIR separately, but just one process, and bring that recommendation back to Council in two months. Councilman Beckam then offered the foregoing as a motion which was seconded by Councilman Sherratt and carried unanimously on voice vote of the members present. 26. Councilman Sherratt - regarding offer from Peter Wang to employ consultant to study the Naval Air Station property. Councilman Sherratt stated he was not in any way advocating the closure of the Naval Air Station, but noted there might be a possibility some time in the future, and felt the City should look at the possibilities and concerns involved. He reported he had been informed the Port of Oakland had done an extensive study already, and stated he felt the City should be prepared. Mr. Bowman, Vice President of the Naval Air Station Employees Association, commented he hoped the Navy and the Association would be contacted and involved in any study undertaken and offered his assistance. Following further discussion, Councilman Sherratt requested the Planning staff look at the situation and come back with a report as to when they would be able to institute a preliminary study. 27. Councilman Tillman - regarding employment of a management consultant. Councilman Tillman stated he believed it was time to evaluate staff and suggested a management consultant be utilized. He requested a report from the City Manager on the costs involved, and questioned the status of the car pooling situation. Mr. Goss reported this was one of many reports the Assistant City Manager was working to complete. 28. City Manager Goss requested clarification of the policy regarding trips in respect to the timing. He requested the implementation date be November 1 and noted he would be supplying a list of the trips approved in this year's budget and requested approval of trips taken prior to November 1. The Council concurred and Councilman Beckam moved November 1 be designated as the implementation date. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote of the members present. 29. Councilman Tillman read a prepared statement reaffirming his position in regard to the Fernside Extension and quoted from a memo prepared by the City Engineer summarizing the status of funding for the Fernside extension concstruction. 30. Consideration of appointments to Golf Commission (1) and Recreation Commission (1) Vice President Diament noted this item would be held over until the Mayo return. NEW BUSINESS: 31. Vice President Diament requested the Council discuss the request made by the Mayor's Committee for the Handicapped to sponsor a contest called "Ability Counts" at the next regular meeting. RESOLUTIONS: 32. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8803 Amending Salary and Position Resolution No. 8763 by Creating One (1) Position of Assistant to the City Manager (Community Development - HCDA), and Deleting One (1) Position of Administrative Assistant (HCDA) in the City Manager's Office and Adding One (1) Position of Associate Planner (HCDA) and Deleting One (1) Position of Assistant Planner (HCDA) in the Planning Department." The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President Corica, (1). 33. The following resolution was introduced by Councilman Tillman, who moved its adoption: "Resolution No. 8804 Authorizing Execution of Modification of Contracts with ACAP; Alameda National Red Cross, Alameda Chapter; Family Service Agency of Alameda, California; Marine Air Reserve Training Detachment; United Pilipinos of Alameda and Alameda Boys' Club, Relating to Administration of a Comprehensive Manpower Program Under the Comprehensive Employment and Training Act of 1973." The motion to adopt said resolution was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Three. Noes: None. Absent: President Corica, (1). Abstaining: Councilman Sherratt, (1). 34. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8805 Authorizing Application to Metropolitan Transportation Commission for Federal Transportation Development Act Funds City Bikeway System (S12,248.00 Matching Funds)." The motion was seconded by Councilman Sherratt and carried on the following roll call vote, Ayes: Four. Noes: None. Absent: President Corica, (1). The City Manager was requested to prepare a memo clarifying the source of the matching funds. 35. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8806 Authorizing Application to Metropolitan Transportation Commission for Federal Transportation Development Act Funds City Bikeway System ($15,542.00 Matching Funds)." The motion was seconded by Councilman Tillman and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President Corica, (1). As with the previous item, the City Manager was requested to clarify the matching funds source question. 36. The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution No. 8807 Authorizing Execution of Agreement with Alameda First National Bank Setting Forth Conditions and Restrictions for Branch Bank at Island Drive and Mecartney Road." The motion was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President Corica, (1). The Vice President declared the foregoing Resolutions adopted. INTRODUCTION OF ORDINANCES: 37. "Ordinance No. 1885, New Series Amending Certain Portions of the Alameda Municipal Code Relating to Traffic Regulations." (Urgency) Councilman Beckam moved the ordinance be introduced and passed as submitted. The motion was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President Corica, (1). 38. "Ordinance No. 1886, New Series Authorizing Sale of Certain City -Owned Property to Mario DeLucchi and Erma DeLucchi (2417 Central Avenue, Former Post Office Property)" Councilman Tillman moved the ordinance be introduced and passed, as amended, as an urgency measure. The motion was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President Corica, (1). ORDINANCES FOR PASSAGE: 39. "Ordinance No. 1887, New Series Amending Sections 13 -217 and 13 -218 of the Alameda Municipal Code Relating to Revocation and Suspension of City Permits and Appeals Therefrom." Councilman Beckam moved the ordinance be passed as submitted. The motion was seconded by Councilman Tillman and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President Corica, (1). BILLS: 40. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $180,483.37 was presented to the Council at this meeting and was accompanied by certification from the City Manager that the claims shown were correct. Councilman Tillman moved the bills as itemized in the List of Claims filed with the City Clerk on October 4, 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 voice vote of the members present. ORAL COMMUNICATIONS, GENERAL: 41. Joseph Sullivan, 3221 Liberty Avenue, spoke regarding alleged unprofessional conduct by some of the Planning Department staff in regard to a recent appeal to a Use Permit granted a commercial winery on Lincoln Avenue. The City Manager requested that if this was a personnel matter, it be directed to him. Following discussion, Mr. Sullivan outlined the circumstances of his complaint. The matter was referred to the City Manager for investigation. 42. Inez Kapellas requested a copy of Councilman Tillman's statement and stated she would bring any personnel complaints she had to the City Council. FILING: 43. Financial and Operating Reports of Bureau of Electricity for Year ended June 30, 1977; and month ended July 31, 1977. 44. Contract with Gates, McDonald for Administration of Claims - Workers' Compensation Insurance. 45. Extension of Contracts with Community Based Organizations re CETA Employment Programs. 46. Agreement with First National Bank of Alameda - re Bank Branch at Island Drive and Mecartney Road. ADJOURNMENT: 47. There being no further business to come before the meeting, the Council adjourned to assemble in regular session on Tuesday, October 18, 1977 at 7:30 o'clock p.m. Respectfully submitted, Deputy City Clerk