Loading...
1976-07-06 Regular CC Minutes= ' lLc��� REGULAR MEETING OF THE OOUMCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - - - - - - - JULY 6, 1976 The meeting convened at 7:30 o'clock p.m. with President Corica presiding. The Pledge of Allegiance was led by Councilman Sherratt and was followed by an Invocation delivered by the Reverend Don Taylor, Pastor of the Central Baptist Church. ROLL CALL: The roll was called and Councilmen Beckam, Diament, Hurwitz, Sherratt and President Corica, (5), were noted present. MINUTES: T. Councilman Beckam requested the minutes of the special meeting held June 22, 1976, be corrected under "Unfinished Business", Item 6, paragraph 9, to indicate Councilman Diament's motion to adopt the Capital Improvement Program for 1976-1978 was subject to Project 11-20 (Patton Way) being processed by the Planning Board and staff and preparation of an Environmental Impact Report. The minutes of the regular meeting held June 15, and special meeting held June 22, 1976, as corrected, were then approved as submitted. WRITTEN COMMUNICATIONS: 2. From the Alameda County Planning Department, signed by the Planning Director, transmitting the Solid Waste Management Plan for Alameda County adopted by the Alameda County Board of Supervisors on May 18, 1976. The hearing date was set for July 20, I976, Councilman Beckam requested a staff report be prepared for receipt by Council members on July 11. 3. From the United Pilipinos of Alameda, Inc'" signed by Mr. Cris Corpuz, President, commending Vice Mayor Beckam for his assistance in their appeal for funds to finance their Fil-American Manpower Services program. President Corica thanked Mr. Corpuz for his communication, Councilman Beckam announced he would continue to serve as a member of the ACTEB?ACAP Governing Board and would not seek a replacement. 4. From Mr. Glen L. Rotner, Attorney, on behalf of Frank and Carrie Smith, requesting a Use Permit for the display of a signboard on the public sidewalk in front of premises located at 2329 Santa Clara Avenue. President Corica noted Mr. and Mrs. Smith had conducted a shoeshine business at the above location for many years; that he considered their sign a landmark and felt they should not be deprived from their sole means of advertising their business. Following discussion, Councilman Sherratt moved that a temporary Special Use Permit be granted pending a staff report on the general subject of sandwich board signs. The motion was seconded by Councilman Diam2nt and carried unanimously on voice VOte, 5. From Mr. J. Paul GutlebeO, 2844 San Jose Avenue, protesting construction of a float on the estuary by Mr. Frank Musso, 3227 Fernside Boulevard. On request, City Engineer Hanna reported the subject of the accessways had come up about a year ago, at which time there had been trailers stored in several of the public pathways. He stated the persons owning the trailers had been asked to remove them, which they had done. He stated Mr. Musso's float was on federal not cityproperty; that the walkway to the estuary had a sign on the street designating it as a public pathway, and the gate was unlocked. Councilman Sherratt said he believed Mr. GUtleben had also filed his complaint with the U.S. Army Corps of Engineers, and other appropriate agencies, and suggested the oommunicdtion be accepted. Councilman Hurwitz asked if all the walkways were obviously open to the public. Mr. Hanna stated they appeared to be not available to the public. He noted there were three off of Fernside Boulevard, the original public pathways, each about ten feet wide, and two off of Eastshore Drive. He said the pathways had been substantially nuisances for adjacent property owners over the years and all had been gated off. He stated the Musso's had a gate at the rear of the walkways adjacent to their property and others had gates at the middle or front. He said most of the signaq2 put up by the city indicating the public pathways had gradually disappeared and the only one left was the one on the walkway next to the Musso property. Councilman Hurwitz suggested that the walkways be opened up publicly or some action taken to abandon them. Councilman Dia0ent asked if the access to the water came under the jurisdiction of BCDC. Mr, Hanna said he did not know if it would now or not, however, they were within the one hundred foot ban insofar as construction bt had generally been established for some time. He stated the Musso walkway did come under the general observance of BCDC and there were some records on that, however the others had been constructed for many years. If they were to be changed, he said, BCDC would probably have some jurisdiction. Councilman Beckam suggested the matter of the public walkways be referred to the Planning Board for hearings and report on their possible vacation. Councilman Hurwitz said he thought the matter would have a very low priority due to the present workload of the Board. The City Engineer reported the U.S. Army Corps of Engineers, by public notice on May 4, 1976, advertised that Mr. and Mrs. Musso had applied for a permit to retain a floating dock in the San Leandro Bay and any person objecting was given until June 2, 1975, to file a written objection. County Supervisor Fred F. Cooper, 3221 Bayview Drive, said it was his opinbn this matter tied in with the next item on the agenda and suggested CwmideratiOO be delayed until that item had been taken up. Mr. Paul Gutleb2nclaimed the float i/ question was illegally on Alameda property. He reviewed the comments set out in his communication and the accompanying copy of the written objection which he had filed with the U.S. Army Corps of Engineers. Mr. GUtleben stated BCDC had been involved with the Musso property and had insisted the city erect a sign indicating the walkway was public. He said the sign had been placed, however was very small and partially hidden by a tree. He Stated the rest of the public pathways were unmarked. He requested the Council to take some action in the matter, either to sell or lease thc walkways to the adjoining property owners or develop them. Councilman Hurwitz siad he would agree something should be done, however he would like to hear what Supervisor Cooper had to say with regard to the next agenda item, which might affect the view of the CnUDci], 6. From the Honorable Fred F. Cooper, Supervisor, Third District, transmitting staff report for traffic routes around San Leandro Bay, and requesting the Council set a time when he may appear and discuss the city's involvement in joint planning for the park, Supervisor Cooper stated the Port of Oakland and East Bay Regional Park District had recently signed a lease on Port lands, there had been a tentative agreement that some City of Alameda property go into a regional park around San Leandro Bay, and the County of Alameda wasin the process of buying a piece of land at the tip of the estuary in Oakland. He reported there was now some substantial movement going into joint planning on San Leandro Bay. He referred to the report which he had transmitted on a meeting called by Mr, Charlie Roberts, Executive Director of BCDC, which was unattended by the City of Alomedo. He said the city was involved in the joint planning concerning matters of traffic (Fernside Boulevard Extension), the city dump, and the public accessways discussed under the previous agenda item which were under BCDC jurisdiction. SUperVi3nr(bUper stated he believed the East Bay Regional Park District had already requested the city to appoint one Council member, one citizen, and a staff coordinator to particpate in the joint planning process. He reported the Board of Supervisors had already done this and he had been appointed the policy member with Larry L. Joyner, as citizen representative, and Herb Crowle, Public Works Director, as staff representative. Supervisor Cooper urged the city to get involved in the joint planning for the San Leandro Bay Regional Park, and suggested the subject of the previous agenda item be studied by the joint planning group CO that the accessways would be taken into consideration in the overall development Of the San Leandro Bay area. Supervisor Cooper, at this tine, turned over to the City Manager a check in the amount of $179,980.94, representing the city's share of the Mayors' Gas Tax Formula, for street improvements On Buena Vista Avenue and High Street. Councilman Sherratt moved the communication be accepted and the city participate in the joint planning of the San Leandro Bay area. The motion was seconded by Councilman Beckam and on voice vote carried unanimously. 7. From 9 residents opposing the connection of the Lincoln School access road to any existing Alameda street, and requesting all bids be rejected until the Washington Street vehicular access connection is deleted. President Corica reported Planning was presently working on the Traffic Circulation and Land Use Elements which were addressing themselves to this particular problem. Mr. Joseph Cervelli, 3300 Encinal Avenue, presented an additional petition containing more than 300 signatures in support of their position. He said the proposed residential scale of the Lincoln School access road appeared to meet the requirements of the safety of the students and was in proper scale to the residential area. He stated the citizens were not objecting to the 60-foot access road, but the concerns arose when they realized this might be the beginning of the Fernside Extension. He noted that about one and one-half years ago the Council Chamber had been filled to capacity with citizens against the Fernside Extension and the Council, at that time, had gone on record opposing the extension. He said, at this time, they felt that without proper evaluation of noise, air pollution and environmental factors, the Council was planning to connect residential streets to the Lincoln School access road and they felt they deserved more consideration when it affected their neighborhood and quality of life. Also, he said, the Goals Study findings definitely supported their stand that residential areas should not be degraded by traffic. He said, the petitioners felt that because of the uncertainties of the enviOrDmeDtal aspects on the area, these streets should not be connected to the Lincoln School access road at this time. Councilman Sherratt asked if their main concern was the tie-in at Washington Street. Mr. Cervellf replied there were four connections being considered and they felt these had not been evaluated with impact studies and the main problem was the connection until proper evaluation was made to be sure this was not the start of something which would accomplish complete access to the Bay Farm Island Bridge, which they felt would be a very serious detriment to the area. Councilman Sherratt commented the Council was not looking at an extension of Fernside Boulevard, but at an extension of an access road to the school. Mr. Cervelli stated that if the connections were made at Washington and other streets, they felt the remainder of the Fernside Extension could be accomplished. He noted the projections for the Harbor Bay Isle development and the Oakland Airport expansion would have a considerable traffic impact on the area. Councilman Hurwitz 8tated he did not feel the access road could be construed as an extension of Fernside Boulevard as in reality it would be a "bottleneck", as it would cut down an 80-fOOt street to 60 feet. He said it was his opinion that as long as there was land there, there would have to be come access provided, and the Council had previously expressed its opposition to a Fernside Extension. He said if, in the future, the land was left empty there was also the possibility of an extension. President Corica commented that on the westerly side of the road residences would be built, which would keep the road at 60 feet. Councilman Hurwitz moved the Council reaffirm its position of opposition to an extension of Fernside Boulevard to Otis Drive, based on a hearing to be held by the Planning Board. Mr. Joseph Sullivan, 3221 Liberty Avenue, referred to the petition which had been ?resented. He noted that on June 15, 1976, the Council, by a 4-1 vote, had voted to gO along with the Board of Education to build a 60-foot road to Washington Street. He said he failed to see any connection between an action previously taken by the Council on January 7, 1975, in opposition to the Fern- side extension to Otis Drive, to tbe action taken on June 13, 1975, to build a 60-fnot access road to Washington Street. He alleged that, according to Roberts ' Rules of Order, in order to bring the attiOn taken on June 15, 1976, before the Council at this meeting, it should be reconsidered by someone who had voted in the affirmative, seconded, and would take a majority vote to Corry. Secondly, he said, if the Council did not reconsider the matter, they must take a vote to rescind which would require a two-thrids vote without previous notice, or four votes, and could not be rescinded if the Board of Education had not been notified. He urged the Council to stand by its action of June 15. President Corica stated that the meeting of June 15 the Council had voted only to approve an access road to Lincoln School. Mr. Sullivan reported he lived close to High Street and commented on the traffic problems presently encountered by residents living in that area, and those which might develop when Harbor Bay Isle got underway. He objected to any increase of vehicular traffic on High Street, and urged the Council to give some consideration to the residents of that streets. Mrs. Linda Pritchard, 3263 San Jose Avenue, said the residents of her arad were particularly concerned with the additional neighborhood traffic which would be created by street connections to the access road. She complained of problems which now existed because of the undeveloped property next to the school. She said it was her opinion public hearings should be held before any streets were put through. Mrs. R.E. Stone, 1623 High Street, referred to the public hearing held several years ago concerning the extension of Fernside Boulevard, and recalled that many proponents of the extension had voiced their opinions. She said there were also many persons who favored providing adequate access to the new Lincoln School, and she fetl the project had been properly researched and planned before it had been presented to the City Council and the public. She offered, if necessary, to obtain signatures on a petition of persons who favored the project. Councilman Beckam recited the validated goals of the Transportation Task Force of the Goals Study. He said the first goal had stated there should be continuous citizen participation in all transportation decisions affecting Alameda and its residents; goal three -- vehicular congestion and bottlenecks on Alameda streets should be minimized while preserving Alameda's quiet, residential character; objection one -- develop and implement an effective city-wide traffic circulation plan including truck routes that avoid the widening of existing residential streets and preserves A7dmeda/s quiet, re[fdpntiDl character; goal four -- Motor vehicle traffic to and from major new land develop- ments and redevelopements in Alameda should be minimized. He said the following problems and issues had been identified and selected as a staring point in the goal-setting process. (1) Traffic congestion and bottlenecks on major streets. (2) Through and inter-city traffic using Alameda streets. (3) Truck traffic. Councilman Beckam read from the reportaccompanying Supervisor Cooper's letter to the Council, which covered the BCDC meeting concerning transportation routes in the vicinity of San Leandro Bay. He noted the City of Oakland had described its plans for extending Edgewater Drive past the San Leandro Bay area and that they felt the crossing of San Leandro Bay tying into the Nimitz Freeway h0U]d be inadequate because cf the overloaded condition of the freeway at the present time. Councilman Beckam remarked that many persons, both residents and non-residents, were not seeking and using alternate routes within the City of Alameda rather than using the overcrowded freeway. Also, he said the report stated the Port of Oakland did not expect to reach their total projected airport load goals until at least I980-1985, however, Charlie Roberts of BCDC had recommended that planning for additional routes of transportation being begun immediately. Councilman Beckam said his point in ceciting the above goals and reading the report was that he thought proper future planning should be done in the proper fashion, and noted the Fernside Extension had been referred to the Planning Board for hearings and full EIR, which were now in process. He referred to a report receive- on the BCDC meeting which Alameda did not attend, setting out the major issues, which would have to be considered in a comprehensive area-wide approach to solving transportation problems in the San Leandro Bay Area. He said the issues outlined were the Oakland Airport growth, Port of Oakland business park and distribution center, Harbor Bay Isle residential development, Harbor Bay Isle industrial and on-residential development, and possible major corridors were listed as Hegenberger Road, Doolittle Drive, Edgewater Drive, 66th Avenue, Route 61 south of Hegenberger Road, the unconstructed City Line Drive, Fernside-Extension Alameda, and an additional Alameda-Bay Farm Island crossing. Councilman Beckam reported there was a proposed southern transportation corridor going from Jackson Street northerly to cover the industrial ara in Hayward and San Leandro and would come up Doolittle Drive to Hegenberger Road. He stated the north end of that corridor from the industrial areas could not get onto the freeway via Hegenberger Road which was already overburdened. He said this new north-south corridor would complement the existing roadway and would produce a greater volumn of through-city traffic in Alameda; that this increased traffic could not be handled by High Street alone, and, should the Washington Street connections be completed to the access road to Lincoln School, this would provide a shorter alternate route through a residential area to its detriment, Councilman Beckam said the school did need an access road and it was his opinion the access from Fernside Boulevard should be able to handle the number of vehicles which the school parking lot could accommodate. Councilman Beckam moved the Council exercise its right to reject any and all bids on the project and delete the Washington Street connection until at least such time as it had been properly heard before the Planning Board, an Environmental Impact Report had been received, and digested and the public hearings held. He said it was his opinion this particular road construction should have been referred to the Planning Board to be considered in the Land Use and Circulation Element and an EIR written for it, Mrs. Stone stated the access road should not be considered a contest between the residents of High Street and Fernside Boulevard. She asked direction as to what manner the proponents might use to voice their opinions. President Corica reported that subsequent to the Fernside Extension's being referred to the Planning Board, the School District had constructed the new Lincoln School and the City Council had no juris- diction over the District, which could rpoceed and build a 30-foot access road whether or not the Council approved. He said it was his opinion the city should join with the school district and build a proper 60-foot road for the school. He said it appeared to him if this was building up to a controversial issue, perhaps it should be placed on the ballot for the people to vote upon. Councilman Hurwitz noted that, contrary tc rumors otherwise, the hearing on the Fernside Extension was on the Planning Board's priority list. Councilman Beckam reported the consultant was currently in the process of preparing the EIR on this matter. The following persons offered their opinions on the matter: Mr. Armand Loux, 1349 Fernside Blvd., Mr. V.E. Loomis, 3363 Fernside Blvd., and Mr. Charles Caldwell, 3271 Fernside Blvd. President Corica asked the members of the Councilhow they felt on the connection of Washington Street to the access road. He said it was his opinion this should be done, in order to provide proper access to the school. Councilman Beckam stated it was his opinion the school did nott need a thorough highway going through the school parking lot, and needed access for vehicles at one end only. He suggested pedes- trian walkways at the ends of each of the streets would serve adequately and provide access to the school property. On question, Planning Director Patterson reported the combined Land Use Element was due for publication in October, 1976, at which time the EIR would be released. Additionally, he said, the EIR on the Harbor Bay Isle proposal was due May 30, 1976 but had not as yet been received from MKGK, the consultants. City Attorney Stroud noted the Council action taken on June 15, 1976, had been merely to adopt a resolution adopting the specifications, special provisions and plans for the construction of the access road to Lincoln School, and the calling for bids on the project. He said the Council had not yet taken action on the bids. The City Engineer reported the matter had been gone over completely and the City Council and Board of Education had both previously adopted a policy specifically to set up the guidelines for the project. He said this included the deciation of a 60-foot right of way and a connection to Washington Street, among other considerations. He said, in exbhange, the city had agreed to pro- vide the connection to Encinal AVenue. He stated the bids had been opened on July 2, 1976, however the School District required a maximum of fifty days within which an award could be made and the matter should then come to the Council about August 17. Councilman Hurwitz asked if Councilman Beckam's motion precluded the 60-fool street, or just the connection to Washington Street. Councilman Beckam replied his motion referred only to the Washington Street connection. Councilman Hurwitz seconded the motion. Following discussion, Councilman Beckam offered an amendment to his motion and moved that at the meeting at which the bids were received by the Council, they be rejected until such time as an EIR had been received and public hearings held. The amendment was seconded by Councilman Hurwitz. On a call for the question, the motion, as amended, failed to carry on the following roll call vote. Ayes: Two. Noes: Councilmen Diament, Sherratt and President Corica, (3). Abeent: None. President Corica reported that by itsaction the Council had reaffirmed its prior decision favoring the school access road, as proposed. � 7 H. From Mr. Joseph M. Sullivan, 3221 Liberty Avenue, suggesting a reconsideration of the Real Property Transfer Tax as a means of funding the driving range reconstruction and other capital improvements. The communication was accepted. 9. From 10 residents protesting the use of a dwelling at 970 Post Street for religious activities. The petition was referred to the Planning staff and the City Attorney for investigation. REPORTS AND RECOMMENDATIONS: 10. From the Alameda Recreation Commission, signed by the Chairman, regarding the lease agreement between the City and the Alameda Swimming Pool Association. President Corica reported the terns of the agreement had already been discussed and negotiations were just about compteted. 11. From the Alameda Golf Commission, signed by the Chairman, submitting recommendation for the early redevelopment of the Driving Range. President Corica stated that in the adoption of the Capital Improvement Program the Council had approved a surcharge of .50d per round of golf to finance the reconstruction of the driving range He said this surcharge had been one of the recommendations submitted by the Golf Commission, and would be removed when the project was completed and paid for. H23 83tfmdt8ted this would take approximately fifteen months. Mr. Charless Tillman, recommended the surcharge remain in effect for a period of eighteen months, and any surplus funds be used to redeem the Golf Course bonds held by the Alameda Housing Authority. Councilman Sherratt moved acceptance of the- report. The motion was seconded by Councilman Beckam and on voice vote carried unanimously. There being no objection, the meeting proceeded to "Resolutions". RESOLUTIONS: 11. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8546 Authorizing Surcharge on All Golf Course Play." The motion to adopt said resolution was seconded by Councilman Dfament and carried on the following roll Ca]] VOte, Ayes: Five. Noes: None. Absent: None. The meeting returned to the regular order of business. REPORTS AND RECOMMENDATIONS: 12, From the Planning Board, signed by the Secretary, submitting Annual Report on status of the General Plan. Councilman Hurwitz moved acceptance of the report. The motion was seconded by Councilman Beckam and carried unanimously on voice vote. 13. From the Public Utilities Board, signed by the Secretary, requesting permission to retain all earnings in excess of budgeted estimates, to June 30, 1976. Mr, Fred Laughlin, 924 Versailles Avenue, said this was one of the rate opportunities the City Council had to examine the policies of the Bureau of Electricity, and repeated comments which he had made at preivous Council meetings concerning the operations of the Bureau. He distributed written copies of his remarks to the members of the City Council. He alleged there was a high incidence Of Civil Service exempt salaried positions in the Bureau, an abnormally high percentage of annual increase in controllable administrative costs had occurred during the past year, and the Bureau office were luxurious compared to those afforded other city employees. Mr. Laughlin further alleged the two items for which the requested money was earmarked were both of questionable legality and in violation of Charter Section 12-5. He noted the Public Utilities Board was asking SI00,375 for a fund to generate electric power from the steam from geysers, and $100,000 to further the development of a solid waste fueled generating plant in Alameda. He recommended the request be denied. Mr. Joseph Sullivan explained a provision of the Charter guided the retention of funds by the Public Utilities Board. Mr, Joseph Sullivan questioned the Board's request to retain the excess earnings. City Manager Goss explained a provision of the Charter guided the retention of funds by the Public Utilities Board. Mr. Laurence A. Patton, 1020 San Antonio Avenue, recommended the Council take no action on the request until the language of Charter Section 12-6 was more clearly stated in terms understandable by the average layman. He read the language of Section 12-6 for the benefit of the City Council and audience. Councilman Hurwitz commented the City Council had received very little information from the Board on either the solid waste plant or the geysers project. At the conclusion of discussion, Councilman Sherratt moved the request of the Public Utilities Board be tabled pending a special joint meeting to be scheduled between the Board and the City Council. The motion was seconded by Councilman Hurwitz and carried unanimously on voice vote. 14. From the Planning Director submitting Design Review Board evaluation of bus shelters and proposed locations. Councilman Hurwitz stated he would like to see more bus shelters than those recommended by the Design Review Board, and he would hope the Engineering and Planning Departments would work with A/C Transit to see what could be done about the safety hazard complained of. Councilman Diament said it was hard for her to believe the level of passenger demand was of a minor level at the Senior Citizens residence at Park Street and Otis Drive, and she felt a shelter was needed at that location. President Corica suggested some agreement might be reached to place the shelter on the property itself. Planning Director Patterson reviewed the evaluation made by the Design Review Board, He said the Board had taken into consideration the concerns expressed by the Handicapped Committee, and would review thw two other locations on July 12. City Engineer Hanna related A/C Transit offered seven bus shelters for use within the City, provided their offer was accepted as soon as possible. Mr. William S. Godfrey, 1244 Porta Ballena, a Commissioner of the Housing Authority said the Authority had agreed to move the sidewalk and sprinkler system and take out part of the lawn in order to accommodate the bus shelter at Park Street and Otis Drive, however they were not protesting the report of the Design Review Board. Mr. Clare Gould, a member of the Mayor's Committee for the Handicapped, suggested revocable permits might be issued concerning the placement of the shelters on private property. He said the shelters as proposed presented some safety hazards and could be in violation of the Architectural Barriers Laws regardingthe handicapped. Councilman Diament asked Mr. Gould if he would considere all of the shelters as barriers. Mr. Gould said he would, if they were installed as proposed in the agreement with A/C Transit. Councilman Hurwitz moved acceptance of the report and that the resolution be taken out of ordered. The motion was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Four. Noes: Councilman Diament, (1). Absent: None. The meeting proceeded to "Resolutions". RESOLUTIONS: 15. The following resolution was introduced by Councilman HurOlitz, who moved its adoption: "Resolution No. 8547 Authorizing Execution of License Agreement with Alameda Contra Costa Transit District for Installation and Maintenance of Bus Stop Shelters." The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Four. Noes: Councilman Diament, (1). Absent: None. Following further discussion, Councilman Sherratt moved the Design Review Board proceed to look at maximum use locations, including sites already rejected, and that the City Attorney be consulted concerning the legalatiy of the shelters regarding their use by handicapped persons. The motion was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Four. Noes: Councilman Diament, (1). Absent: None. A ten-minute recess was called. Upon reconvening, there being no objection the meeting proceeded to "Ordinances for Passage". ORDINANCES FOR PASSAGE: 16. "Ordinance No. 1819, New Series Authorizing the Execution of a Lease Agreement By and Between the City of Alameda as Lessor, and the Alameda Swimming Pool Association, as Lessee, of Certain City-Owned Lands (Portions of Franklin Park and Lincoln Park)." President Corica reported the negotiating team had gone over the fifteen items suggested by the Recreation Commission, which were agreeable to both parties, and the only item not negotiated was the matter of the fee to be paid by the Association. Councilman Hurwitz said he felt some fixed rental amount should be set and the sum of $4800 had been suggested. Ile stated he had no objection to putting the fee aside for the building a pool on the north side of Alameda. President Corica said it was his opinion that, inasmuch as the program had proved so successful over the years, perhaps the fee should remain as is, i.e., $1 per year and if there were any funds accrued at the end of the year, they go toward a fund for the north side pool. Councilman Sherratt noted that at this point the Association was unable to predict their utility costs because of the increase in these prices, and the cost of the capital improvements which would have to be made to the pools. He suggested the fee set be for a one year period, at which time it could be negotiated, Councilman Hurwitz moved the fee be set at the rate of $4g00 per year. The motion died for lack of a second. At the conclusion of discussion, Councilman Beckam moved the rental amount be set at $1 per year to be renegotiated annually. The motion was seconded by Councilman Sherratt and carried by unanimous voice vote. Councilman Hurwitz said he would like to see all references to "approval by the City Manager" in the lease changed th read "approval by the city". The motion was seconded by Councilman Sherratt and on voice vote carried unanimously. Councilman Hurwitz suggested an additional paragraph be inserted in the lease to state that any present modifications to bring the facilities into a good state of repair, including improvements to allow for handicapped and/or senior citieen use, should be forthwith constructed at the lessee's sole expense. Mr. William Godfrey, Association Trustee, reported the Association had no intention of remodeling the pools tprovide special facilities for the elderly and handicapped. Councilmen Sherratt and Beckam noted the agreement contained a cladse requiring the lessee to keep the premises and the improvements and fixutres in a good state of repair, and they felt this provision covered the situation. Mr. Charles Tillman stated he though the present facilities would be adequate for elderly partici- pants in the program. There followed a discussion of insurance coverage. The City Attorney and Mr. Godfrey answered the questions of the Council members, and it was the consensus of the Council the amounts would remain as stated in the lease. Councilman Hurwitz asked if non-Association members would be able to rent the pools. Mr. Godfrey replied that with the programs which the Assocttion was contemplating, there will not be a great deal of time for pool use by other than association members. Mr. Frank Weeden, Association Trustee, stated that over the past fifteen years the pools had been made available to many organizations, without charge. He said they would hesitate to open the pools for private parties because of the liability inolved. Councilman Sherratt moved the proposed lease be amended to state that "lessee shall supply the Recreation Department with brochures which the Department will make available to the public advising them of the rules, regulations and programs undertaken by lessee, and a telephone number and address where information can be obtained when City Hall is closed." The motion was seconded by Councilman Beckam and on voice vote carried unanimously. Councilman Beckam moved paragraph 3 of the proposed lease be deleted, and the language of the paragraph covering programs to be offered by the lessee be amended to include programs for senior citizens and handicapped persons. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote. Councilman Sherratt moved the ordinance be passed as submitted. The motion was seconded by Councilman Beckam. Councilman Hurwitz stated he felt the Association had run a very good program but it was still his opinion this was a private swimming club on public land and for this reason he would vote against the passage of the ordinance. Mrs. Virginia Cooper, 3121 Bayview Drive, proposed the city operate the pools and rent time to the Association for its programs. Mr. Chandler Caldwell, 3271 Fernside Boulevard, stated he did not ieve the city was prepared to take on the cost of operating the pools. He noted the Association had been doing this without cost to the taxpayer. On a call for the question, the motion carried on the following roll call yte . Ayes: Four. Noes: Councilman Hurwitz, (1). Absent: None. The meeting returned to the regular order of business. REPORTS AND RECOMMENDATIONS: 17. From the Design Review Board, signed by the Chairman, relating to membership qualification of the Design Review Board. The report was accepted. 18. From the City Manager reporting completion of subdivision improvements in connection with Tract No. 3422, (Garden Isle), recommending acceptance and release of the Faithful Performance Bond. Councilman Beckam moved acceptance of the improvements in [Onn2tti0n with Tract No. 3422 and release of the bOnd. The motion was seconded by Councilman Sherratt and on voice vote carried unanimously. 19. From the City Manager reporting completion of the public improvements in connection with Parcel Map No. 134, recommending acceptance and release of the cash bond in the manner requested by the subdivider. Councilman Hurwitz moved acceptance of the improvements in connection with Parcel Map N0, 134 and release of the bond in the manner requested. The motion was seconded by Councilman Beckam and carried unanimously on voice vote. 20. From the City Manager recommending the redpprOVal of acceptance of Parcel Map No. 1907 and acceptance of an easement dedication. (Division of approximate one-acre parcel located on Shore Line Drive between Willow and Park Streets from the bulk of the South Shore Shopping Center. Councilman Beckam moved adoption of the report. The motion was seconded by Councilman Sherratt and on voice vote carried unanimously. There being no objection, the meeting proceeded to "Re3Olti0O3x' RESOLUTIONS: 21. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8548 Approving Parcel Map No. 1907 for Division of Parcel 4 of Parcel Map No. 1445, Alameda, California, Permitting Recording Thereof and Accepting a Public Utilities Easement Dedicated to the Public (South Shore Center, Inc.)." 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 meeting returned to the regular order of business. REPORTS AND RECOMMENDATIONS: 22. From the City Manager recommending approval of a contract with the Alameda County Training and Employment B0drd, Councilman Beckam moved acceptance of the report. The motion was seconded by Councilman Hurwitz and carried unanimously on voice vote. There being no objection, the meeting proceeded to "Resolutions". RESOLUTIONS: 23. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8549 Authorizing Execution of Contract with the Alameda County Training and Employment Board." The motion to adopt said resolution was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: NoDe, The meeting returned to the regular order of business. REPORTS AND RECOMMENDATIONS: 24. From the City Manager recommending contract be awarded to Brinks, Inc., sole bidder, for coin collection of On and Off Street Parking Meters for the fiscal year ending June 30, I977^ at the bid price of $.25 per collection of each parking meter. Councilman Beckam moved approval of the rSCOm0enddtiOn and award of the contract. The motion was seconded by Councilman Hurwitz and carried unanimously on voice vote. 25. From the City Manager recommending contract be awarded to Ransome Company, low bidder, for the project of the Improvement of Island Drive north of Clubhouse Memorial Road, in the amount of $34,139.85' Councilman Hurwitz moved approval of the recommendation and award of the contract. The motion was seconded by Councilman Diament and on voice vote carried unanimously. 26. From the City Manager regarding comparative municipal costs of service levels among selected East Bay cities. Councilman Sherratt moved acceptance of the report. The motion was seconded by Councilman Beckam and carried unanimously on voice vote. UNFINISHED BUSINESS: 27. Continued consideration of the following item brought up under "Unfinished Business" at the regular meeting held June 15, 1976: (a) Request by Councilman Diement for an appraisal of the Rosewood Way property acquired from the Alameda Unified School District, and cost. Councilman Sherratt moved an agreement with Dene Ogden, in the amount of $1,200 be prepared for Council consideration. The motion was seconded by Councilman Diament and on voice vote carried unanimously. 28. Consideration of appointments to the following Boards and Commissions: Housing Authority: President Corica placed in nomination the name of Mr. Albert H. DeWitt. The nomination was seconded by Councilman Beckam and carried unanimously on roll call vote. Councilman Hurwitz moved Mr. Ken Kofman had requested he be allowed to remain as a Commissioner of the Housing Authority until such time as the Makassar Village situation had been settled. President Corica reported he has received a letter from Mr. Kofman this date concerning this information, however the term of office had expired on May 15 and President Corica said his agree- ment with Mr. Kofman was only to June 30, 1976 and Mr. Kofman had not submitted an application seeking reappointment. President Corica placed in nomination the name of Rose M. Ferro. The nomination was seconded by Councilman Diament and carried on the following roll call vote. Ayes: Three. Noes: Councilmen Beckam and Hurwitz, (2). Absent: None. City Planning Board: President Corica placed in nomination the name of John W. Fenstermacher. The nomination was seconded by Councilman Diament and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: None. Abstaining: Councilman Beckam, (1). President Corica placed in nomination the name of Robert Duncan Nicol. Councilman Sherratt asked if other names might be considered before a vote was taken on a nomination. President Corica stated that under provision of the Charter the Mayor nominated, and the Council could either approve or disapprove. Councilman Hurwitz stated he would like to see some policy established to allow Council members to place names in nomination for appointment to Charter Boards. Councilman Beckam suggested the members of the Council submit listings to each other of those persons which he or she might wish to nominate in their order of preference. Councilman Diament seconded the nomination of Robert Duncan Nicol. The motion failed to carry on the following roll call vote. Ayes: Two. Noes: Councilman Hurwitz, (1). Absent: None. Abstaining: Councilman Beckam and Sherratt, (2). Councilman Beckam then moved that President Corica be requetted to place the name of James Kennedy in nomination. The motion was seconded by Councilman Hurwitz and failed to carry on the following roll call vote. Ayes: Two. Noes: Councilman Diament and President Corica, (2). Absent: None. Abstaining: Councilman Sherratt, (1). Civil Service Board: President Corica placed in nomination the name of Mr. Jack C. Balaz. The nomination was seconded by Councilman Sherratt and carried unanimously on roll call vote. Library Board: President Croica placed in nomination the name of Robert G. Hudkins. The nomination was seconded by Councilman Sherratt and carried unanimously on roll call vote. Public Utlities Board: President Corica placed in nomination the name of Joseph F. Durein. The nomination was seconded by Councilman Sherratt and carried unanimously on roll call vote. Social Service Board: President Corica reported he had received the written resignation of Mrs. Lelia Burton from this Board, which would leave ar additional vacancy. He placed in nomination the name cf Mrs. Darlene M. Banda, The nomination was seconded by Councilman Diament and carried unanimously or roll call vote. President Corica placed in nomination the name of Clarine A. Souza. The nomination was seconded by Councilman Beckam and carried unanimously on roll call vote. President Corica placed in nomination the name of Linda Pritchard. The nomination was seconded by Councilman Diament and failed to carry on the following roll call vote, Ayes: Councilmen Diament and President Corica, (2). Noes: Councilman Hurwitz, (1). Absent: None. Abstaining: Councilmen Beckam and Sherratt, (2). Community Relations Commission: Councilman Beckam placed in nomination the name of Aquilino M. Corpus to fill the unexpired term of Reverend Wilfred Hodgkin, resigned. The nomination was seconded by Councilman Diament and carried unanimously on roll call vote. Design Review Board: President Corica placed in nomination the name of Robert Smith. The nomination was seconded by Councilman Diament and falled to carry on the following roll call vote. Ayes: Councilman Diament and President Corica, (2). Noes: Councilman Hurwitz, (1). Absent: None. Abstaining: Councilmen Beckam and Sheraatt (2). On request, the City Attorney explained the qualifications for membership on this Board, as established by the governing ordinances. NEW BUSINESS: 29. Councilman Diament requested a commendatory resolution be prepared for Captain Edwin McKellar of the Naval Air Station, for consideration at the Special Meeting to be held on July 12, 30. Councilman Diament requested citizen cooperation in water conservation. 31. Councilman Diament referred to a communication received on energy efficient buildings and asked if this was being taken into consideration in the building of the new Police Headquarters. She was assured by the City Manager this had been taken into consideration. 32. Councilman Diament said at this time she was unable to give a full report on the Anti- Litter League, however she thought some consideration would have to be given to a citizens' committee in the matter. 33. Councilman Diament offered her congratulations to the Bicentennial Committee on the July 4th celebration. She stated, however, that because of problems which had arisen, she would recommend fireworks not be included in future events. 34. Councilman Hurwitz commented on articles which had appeared in the Alameda Times-Star concerning adult book stores on Webster Street. He requested an emergency interim ordinance be prepared to place a moratorium on this business venture. 35. President Corica thanked the Bicentennial Committee and staff for a July 4th celebration activities. He noted the parade and other activities had been well received and attended, 36. President Corica reported on his attendance at the Mayors Conference recently held in Milwaukee, Wisconsin. He stated the Conference had endorsed the city's resolution urging financial assistance for a pilot program on converting solid waste, and the city's "Vote 76" brochures and challenges dominated the Bicentennial Table. 37. Councilman Hurwitz noted the deadline of August 19 to request consthlidation of Charter amendments for inclusion on the November 2 General Election ballot. He requested an updated list of the amendments to be considered. RESOLUTIONS: 38. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8550 Adopting Specifications, Special Provisions and Plans for the Reconstruction of Buena Vista Avenue from Entrance Road to Grant Street, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. The President declared the foregoing resolutions adopted. ORDINANCES FOR PASSAGE: 39. "Ordinance No. 1820, New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, N.S." (512 Westline Drive) Councilman Sherratt 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. 40. "Ordinance No. 1821, New Series Amending the Alameda Municipal Code by Amending Section 11-1331 Relating to Conditional Use Permits in C-1 Zones." Councilman Beckam moved the ordinance be passed as submitted. The motion was seconded by Councilman Sherratt and carried on the following roll cal7, vote. Ayes: Five. Noes: None. Absent: None. BILLS: 41. Itemized Lists of Claims against the City of Alameda and the Departments thereof in the amounts of $72,512.17 and $44,249.41 were presented to the Council at this meeting. The Lists were accompanied by certification from the City Manager that the claims shown were correct. Councilman Beckam moved the bills as itemized in the Lists of Claims filed with the City Clerk on July 6, 1976, and presented to the City Council at this meeting be allowed and paid. The motion was seconded by Councilman Diament and carried unanimously on voice vote. FILING: 42. Planning Board Annual Report on Status of General Plan, 43. Contract between City and Alameda County Training and Employment Board. 44. Specifications PW 7-76-9 - Reconstruction of Buena Vista Avenue from Entrance Road to Grand Street. 45. License Agreement between City and Alameda-Contra Costa Transit District re Bus Stop Shelters. 46. Councilman Sherratt moved the Council retire to executive session for a discussion of personnel matters (meet and confer). The motion was seconded by Councilman Beckam and carried unanimously on voice vote. After a five-minute recess, the Council reconvened in the Conference Room for its deliberations. At the conclusion of discussion, it was determined no action would be taken at this time. ADJOURNMENT: 47. There being no further business to come before this meeting, the Council adjourned at 12:45 o'clock a.m. to assemble in regular session on Tuesday, July 20, 1976, at 7:30 o'clock p.m. Respectfully submitted, City Clerk