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1976-10-05 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - - - - - - - - - - OCTOBER 5, 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 Albert Larsen, Assistant Pastor of the First Presbyterian Church. ROLL CALL: The roll was called and Councilmen Beckam, Diament, Hurwitz, Sherratt and President Corica, (5), were noted present. Absent: None, MINUTES: 1. Councilman BeCkdm requested the following corrections to the minutes of the regular meeting held September 21, I976. �l) Under "Hearings", Item 4, paragraph 7, correct "Runway 26o to read "Runway 25"; (2) under ' "Reports and Recommendations", Item 8, paragraph 5, correct "ACAP" to read "ACTEB". The minutes were then approved as corrected. 2. President Corica announced the "Unfinished Business" item pertaining to consideration of appointments to Boards and Commissions would be held over to an adjourned regular meeting to be held October 26, 1976; and that all members of the Council would attend the Annual Conference Of the League of CAlifornia Cities to be held October 17-20, 1976 in San Diego. WRITTEN COMMUNICATIONS: 3. From Ballena Bay Townhouse Association, signed by 35 homeowners, requesting denial of all requests by Pan Pacific Development Company for rezoning, building permits, use approvals or any other action, except for the breakwater, until Pan Pacific has completed construction of an effective brenkmuter. President Corica reported the city had been cooperating and meeting with Pan Pacific and the Ballena Bay Townhouse Association, however it had been some time since the matter was last considered. He directed the matter be referred to staff for an updated report. Councilman Sherratt recalled that the last time this subject had been discussed by the Council, the decision had been that it be considered in connection with the fishing pier and boat ramp to be constructed behind Encinal High School. He asked that a final decision be made one way or another in the near future. 4. From Temple Israel, signed by Mr. Walter Jacobs, President of the Board of Directors, sub- mitting a proposal to purchase 1.5 acres of city property at Molly and Oleander, Bay Farm Island, for the construction of a new temple and religious school facility. On question, City Manager Goss reported the site had been acquired by the city from the developer in lieu of a fee; and had been donated for park and recreation purposes; and if the Council were interested in selling, the proceeds should go into the Park and Recreation Fund for use on the Bay Farm Island area. He suggested the proposal be referred to staff for a report and agree- ment for an appraiser to determine the market value of the property, Councilman Hurwitz requested that the report also set out alternate uses for the property, and that the Garden Isle Homeowners Association be contacted to see if they would be interested in acquiring the property for a park, Mr. Jacobs thanked the Council for their consideration of the proposal. He stated he had discussed the property with the Garden Isle Homeowners Association, who had indicated they had no interest Or money to buy it. He reported funds were available to Temple Israel as soon as they contacted the School Board in Sacramento and advised them they were ready to go ahead with the project. He concurred with Mr. Goss' suggestion that the property be appraised before any decision was made. It was directed that the proposal be referred to staff for a report and appraisal agreement. 5. From Mr. John Beery, Mariner Square, concerning the appearance of property at the entrance to Mariner Square. On request, the City Engineer explained the purpose of stockpiling earth and concrete materials On the site was for eventual use in the development of the Mariner SquareDrive project. He reported the road leading around the two portal buildings, especially on the east side was narrow hazardous, extremely low and subject to flooding. He said the intent was to raise the area about three feet and the property had been purchased for this purpose about eight years ago. He stated the property to the south belonged to the General Services Administration and this would also be needed if the city went ahead with its roadway plans. He reported GSA had been contacted and asked what might be done toward acquiring the property, however had replied asking only for general plans. He said he thought Mr. Beery's concern was the irregular projects of the pieces of broken concrete and asphalt and that he would like to see it smoothed up. Mr. Hanna said estimates had been obtained from two contractors for the job, one for $I200 and the other for $1400; however he would prefer to have someone do the job free of cost and Mr. Beery had suggested he had a friend who might be able to deposit some reldtively good material on the site and smooth it up in exchange. He suggested the posting of "no dumping" signs at the site. 01 , President Corica asked if there were any plans for a road running north and south from the location to Eagle Avenue. Mr. Hanna stated the new Patton Way would fill this description. President Corica noted the Patton Way project would not be accomplished for several years and asked if there was anything that could be done to widen and straighten the present road. Mr. Hanna stated that in order to do any road construction and widening south of the stockpile, it would be necessary to obtain permission from GSA; that it would be at least two years before a new roadway could be built because of the time consuming process of acquiring property from GSA and obtaining the necessary permits. He suggested the city might be more aggressive about approaching GSA for an easement for right-of-way, Councilman Hurwitz stated the immediate concern was the appearance of the area and he thought something should be done to improve it. Councilman Sherratt recommended staff pursue the acquisition of the right-of-way with GSA, the posting of "no dumping" signs, and that the City Engineer work with Mr. Beery, in an attempt to secure the services of a contractor who would be willing to smooth the stockpile in exchange for dumping privileges. Councilman Beckam concurred with Councilman'Sherratt's recommendations. He stated in addition, he would recommend the city vigorously monitor what occurred in the area in the future so the problem would not arise again. Mr. John Beery reported that in the process of developing the Mariner Square project he had been required to secure a dumping permit and submit an EIR, and complained that the city had created this stockpile of materials without benefit of either. He said he had spent millions of dollars in developing the area, that the stockpile would detract from the appearance of the entrance to Mariner Square, and he would request the cooperation of the city in doing something to immediately solve the problem. He asked how soon this would be done, and offered his assistance. On question, the City Engineer stated that if the money were available, they would be able to start on smoothing up the stockpile within a week. Following discussion, Councilman Hurwitz moved (1) staff pursue GSA land acquisition; (2) the property be posted for "no dumping"; and (3) the City Engineer attempt to secure free services of a contractor to level the material or hire it done. The motion was seconded by Councilman Beckam and on voice vote carried unanimously. 6. From Mr. L. A. Patton, 1020 San Antonio Avenue, requesting permission to speak on the possible purchase of the main building of Alameda High School. Mr. Patton stated his purpose in addressing the Council was to get on the record his attempt to salvage the main building of the Alameda High School containing the auditorium. He said he would ask for a vote of confidence from the Council, if his plan net with their approval and they found they could use the building if it were turned over to the city in some five or ten years. He reported his attendance at an informal meeting of the School District at which he had made a proposal and was told they would take it up with staff. At their meeting of September 28, he stated he made a presentation and was turned down. He read a newspaper article of June 21, 1974, noting there had been a change in the members of the Council since that date, at which time the Board of Education was supposed to have asked the city if it wanted the auditorium and the city had replied in the negative. Mr. Patton reviewed his proposal for forming a non-profit organization to raise funds for the purchase of the building. He said, once the debt had been paid off, it was their plan to turn the building over to the city to be used as a cultural center. He referred to communications between himself and the School District, and read a portion of his presentation to them. At the conclusion of a brief discussion, Mr. Patton was asked to turn his written materials over to the City Clerk for duplication and distribution to the City Council, and it was directed that the matter be placed on the agenda of the next meeting for consideration, President Corica requested a representative of the School District be invited to attend that meeting to answer any questions the Council might have. Councilman Hurwitz asked that a staff report be prepared estimating the cost to the city for maintenance of the building, and what it could be used for. Mrs. Inez Kapellas, 1128 College Avenue, called attention to the historic architectural features of the building and urged their retention. She stated she was still pursuing Historical Monument status for the building, and alleged there were funds available for this purpose through the federal government. She asked that the Council give serious consideration to saving the building. HEARINGS: 7. In the matter of the A. D. Little Environmental Impact Report for the proposed Harbor Bay Isle project. President Corica declared the hearing opened. Planning Director Patterson reported the Planning Board, at its meeting held September 8, 1976, had considered whether the existing certified Final EIR, prepared by the A. D. Little Company, was adequate as to the revised Harbor Bay Isle ultimate project. He stated that after lengthy discussion, a motion was made and carried determining that the existing A. D. Little EIR was adequate to cover the ultimate project description with minor revisions: (1) update the fiscal sections to reflect changes in city income and expenses, school finances and benefit figures; (2) re-evaluate the cost association with the sewer line construction from Bay Farm Island to the Krusi Park pumping station and then to the district's collector main at Broadway and Clement; (3) plans for the construction of City Line Road; (4) reaffirm figures used in computing areas committed to schools, parks and open space. He said the developer had agreed to furnish this information by November 1. Mr. Patterson said the Planning Board had based their determination on the following findings: (1) the current Harbor Bay Isle project description, like the original project, contemplated development of Bay Farm Island as a predominantly low density, water oriented, residential community; (2) reduction of the maximum number of dwelling units from 4,950 to 3,200 is in mitigation of the adverse impacts of the original project as identified by A. D. Little EIR; (3) the increase of the total project size from 908.7 acres to 915.3 acres, due to the acquisition of the 6.6 acre Falaschi property, and the resultant increase in the size of the planned shopping center, does not involve new environmental impacts not considered in the original EIR. He said the Planning Board had then found the existing EIR was adequate to cover current submittals (Marketplace) which are in compliance with the ultimate project. He noted a determination of EIR adequacy would be necessary for each Harbor Bay Isle application, as submitted. Mr. Patterson asked that on documents in the file, i.e., the A. D. Little Report, the new description of the ultimate project, the staff report, and the memoranda of the City Attorney dated September 3 and September 28, 1976, be made a part of the record. He noted the public hearing held before the Planning Board had been advertised as required by law and the Affidavit of Publication was on file. On request, Mr. Patterson explained the action taken the previous evening by the Planning Board had been on their Resolution 900-A, from which they had excluded the proposed comparative analysis prepared by staff and incorporated in Resolution 900. City Attorney Stroud referred to his memorandum of September 3 and, in particular, to his memorandum of September 28, 1976, setting out CEQA requirements. He reviewed the findings set out in the proposed resolution and advised the Council that it should consider whether the existing certified Final EIR, prepared by A. D. Little, Inc., was adequate as to the revised Harbor Bay Isle ultimate project description; and they should review and submit a comparative analysis of the Harbor Bay Isle project description in the certified A. D. Little EIR to the current project description. He said, if the Council believed the A. D. Little EIR covered the new description, he would suggest the findings as supporting that conclusion. President Corica asked if the effects of a project should be more or worse than set out in the A. D. Little Report, could the developer be required to prepare a new EIR before proceeding with further development. City Attorney Stroud replied that approving the A. D. Little EIR for the ultimate project did not mean the individual projects submitted had to be approved. President Corica noted the proposed resolution contained a finding that "the principal differences between the project described in the A. D. Little report and the current ultimate description is a reduction in the number of dwelling units, the addition of some commercial property (6 acres) with a convenience store added..." He said it was his opinion the words "with a convenience store added" should be deleted in view of the large number of objections which had been received from residents of the area, and all references to a convenience store in the resolution should be striken. On question, Mr. Oscar Barry, representative of Harbor Bay Isle Associates, said they would be agreeable tphaving all references to a convenience store deleted from both the resolution and the ultimate description of the project, and asked that they be amended accordingly. On the call for proponents or opponents, there was no response. The hearing was declared closed. Councilman Hurwitz commented that inasmuch as the resolution and information furnished indicated there would be much less impact than what had been proposed under the "R-1" rezoning, for Wich the A. D. Little Report had been accepted, he saw no reason why it should not be accepted for this project. Councilman Beckam stated that after review of the action of the Planning Board, their Resolution 900 and subsequent action on Resolution 900-A, and the memoranda of the City Attorney, he would move adoption of the resolution, as amended. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote. There being no objection, the meeting proceeded to TResolutions". RESOLUTIONS: 8. The following resolution, as amended, was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8593 A Resolution of the City Council of the City of Alameda Determining the Existing Final Environmental Impact Report Prepared by A. D. Little, Inc. is Adequate as to the Harbor Bay Isle Ultimate Project Description." 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, 213 The meeting returned to the regular order of business.- HEARINGS: 9. In the Matter of a petition filed by Harbor Bay Isle Associates to rezone certain property at the intersection of Mecartney Road and Island Drive, within the Market place Planned Development from the "R-1", Single Family Resident, "R-1-PD", Single Family Residential, Planned Development and "R-2-PD", Two Family Residential Planned Development, to "C-2-PD", Central Business, Planned Development, and from "R-1-PD", "R-2-PD", and "C-2-PD" to "0", Open Space District. The Clerk reported the Affidavit of Publication of the required Notice of Hearing was on file. The President declared the hearing opened. Planning Director Patterson reported that at their regular meeting of September 8, 1976, the Planning Board, after making a determination that the A. D. Little EIR was adequate, entered a motion to recommend approval of the requested rezoning. Utilizing a posted map, Mr. Patterson indicated the area considered in the rezoning application. He noted the Planning Board had not approved the convenience mart and there had been no speakers in opposition to the convenience mart at the public hearing held on the rezoning application. He reported approval of the petition by the Planning Board was conditioned upon a requirement that the Tentative Subdivision Map will reflect the modification of the approximately 20-foot band bordering the lagoon for pedestrian access in the original project. Mr. Patterson stated the Planning Board recommendation for approval was based upon the following findings: (1) the requested rezoning is necessary to enable the Marketplace Planned Development to take place; (2) the addition of the Falaschi property mitigates the traffic flow problems with the interesection of Harbor lay Isle Road/Island/Mecartney Road in the former plans; (3) the location of the Marketplace is central to Bay Farm Island (4) the rezoning of the property westerly of the Marketplace to an Open Space District will enable the development of a centrally located park with convenient access from the Marketplace; (5) the Open Space District is compatible with surrounding land uses; and (6) there are no substantial adverse environmental impacts involved in recommending approval of this rezoning application. President Corica noted the City Council had received letters and a petition signed by more than 150 residents opposing a convenience mart, and the developer had now agreed to remove that from the plans. On question, Mr. Patterson said the Planning Board had approved "C-2-PD"for the triangularly shpped parcel formerly known as the Falaschi property, the site on which the developer had originally proposed to place the convenience Mart. Councilman Diament asked what the developer could put on this parcel. Mr. Patterson replied they could put in any "C-2" permitted land use, subject to a review of the site plan and the specific use, i.e., lodges, bade, convenience mart with limited hours, art supply shop, savings and loan, business offices, bakery, social hall, music store, pet shop, savings and loan, travel agency, and numerous other uses. He emphasized that any contemplated use for this property would have to go through the planning process for approval with full public hearings. On the call for proponents, Mr. Oscar Barry again reported the developer had withdrawn the appli- cation for a convenience mart. Mr. Eldon Beck, Planning Consultant to Harbor Bay Isle Associates, explained the reasoning behind the request for the "C-2-PD" zoning of the former Falaschi property. He said it was their opinion a small scaled commercial building, well landscaped and making use of the total land, was better planning than putting two or three new houses on the corner of a major intersection. Mrs. Helen Pryor, 1007 Camellia Drive, asked what was being encompassed in the project. On request, Mr. Patterson pointed out on the posted map the project covered by this application. On the call for opponents, Mr. Gene R. Maurice, 1036 Begonia Drive, proposed the former Falaschi prooertyyemain in the "R-1" zone until such time as the developer submitted his proposal for its use, at which time the rezoning could be considered. President Corica explained that any contemplated use of the property would require public hearings before the Planning Board, at which time proponents and opponents would be heard, Mr. Patterson reported that, additionally, the specific use would be reviewed by the Design Review Board and would be subject to appeal to the City Council. Mrs. Inez Kapellas, asked that this property be lef in the "R-1" zone, and alleged the residents of the area did not want any type of commercial use on the site. Mrs. Helen Freeman, 831 Laurel Street, recommended the controversial area remain zoned "R-1", and the area be separated from the whole plan. Mrs. Helen Pryor, also recommended the area be retained in the "R-1" zone. Mr. Herbert Floriani, Manager of the Islandia Homeowners Association, 1138 Island Drive, referred a letter from the Association expressing its opposition to the propsed development of a convenience mart on the triangle of land across Island Drive from the Shopping Center. The hearing was declared closed. Councilman Diament said she would concur what the former Falaschi property remain in the "R-1" zone. 214 Councilman Hurwitz said that while it was true the property was adjacent to other "R-1" zoning, it was equally true that it was adjacent to "C-2" property and it was his opinion it reasonably should be zoned "C-2". He stated he did not feel it was particularly feasible to build "R-1" homes on the site, and noted that it would have been part of the shopping center were it not for the intersecting roadway. He questioned the maintenance of the area should it be left in the "R-1" zone and not developed. Councilman Sherratt expressed his agreement with Councilman Hurwitz' statement. He said he thought the Falaschi property would be an integral part of the overall development, and the landscaping and development of compatible uses would be the best use for the land. Councilman Beckam said he would agree with the planning consultant's opinion for the use of this piece of property. He noted that since the time it had been rezoned to "R-1", the city had adopted an ordinance which required uses in "C-2-PD" to be considered at a public hearing of the Planning Board, with a right of appeal to the City Council; and the buffering of the property would be of greater benefit to the residents on the east side. President Corica questioned how the property drainage would be handled. Mr. Cal Jones, of Jones-Tillson Civil Engineers, stated they had submitted their plans to the City Engineer for the drainage and the problem had been solved. At the conclusion of discussion and there being no objection, the meeting proceeded to "Resolutions". RESOLUTIONS: 10. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8594 Adopting Statement of Overriding Considerations in Approving Application R-76-5." The motion to adopt said resolution was seconded by Councilman Sherratt. Councilman Diament asked if this resolution encompassed the entire rezoning application. She was advised that it did. On a call for the question, the motion carried on the following roll call vote. Ayes: Four. Noes: Councilman Diament, (1). Absent: NOne. Councilman Sherratt moved the ordinance for introduction be taken out of order. The motion was seconded by Councilman Diament and carried uannimously on voice vote. The meeting proceeded to "Introduction of Ordinances". INTRODUCTION OF ORDINANCES: 11. Councilman Hurwitz introduced the following ordinance, after which it would be laid over under provision of law and the Charter: "Ordinance No. An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, N.S." (Harbor Bay Isle Associates - R-76-5) The motion was seconded by Councilman Beckam and carried on the follaAing roll call vote. Ayes: Four. Noes: Councilman Diament, (1). Absent: None. The meeting returned to the regular order of business. REPORTS AND RECOMMENDATIONS: 12. From the Planning Board, signed by the Secretary, submitting recommendation on Parcel Map No. 1613, a division of Parcel 3 of Parcel Map No. 1445 (Property located on Otis Drive between Park and Willow Streets, filed by South Shore Center, Inc.) The Clerk reported the required bond and insurance certificate were on file. Planning Director Patterson stated the Parcel Map was in conformance with the General Pland and Subdivision Ordinance, and there were no substantial adverse environmental impacts; that the parcel was specifically for a bank, a similar use in the immediate area. Councilman Sherratt moved acceptance of the report and that the resolution be taken out of order. The motion was seconded by Councilman Diament and carried unanimously on voice vote. The meeting proceeded to "Resolutions". RESOLUTIONS: 13. The following resolution was introduced by Councilman Sherratt who moved its adoption: 6)-fg ���L�� "Resolution No. 8595 Approving Parcel Map No. I613 for Division of Parcel 3 of Parcel Map No. 1445, Alameda, California, Permitting Recording Thereof and Accepting a Public Utilities Easement Dedicated to the Public (South Shore Center, Inc. - Subdivider). 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. 14. The following resolution was introduced by Councilman Sherratt who moved its adoption: "Resolution No. 8596 Authorizing Execution of Agreement for Construction and Completion of Improvements in Connection with Parcel Map No. 1613 and Approving Faithful Performance Bond as to Sufficiency (Division of Parcel 3 of Parcel Map No. 1445 - South Shore Center, Inc. - Subdivider)." The motion to adopt said resolution was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: FfVg, Noes: NOOe, Absent: None. The meeting reverted to the regular order of business. REPORTS AND RECOMMENDATIONS: 15. From the Planning Board, signed by the Secretary, submitting recommendation on Zone Change Application R-76-15, /3.6 acre parcel of vacant land located at northwest corner of Tinker Avenue and Mariner Square Loop - Applicant: Mariner Land Company.) The hearing on this matter was set for an adjourned regular meeting to be held October 26, 1978. 16, From the City Manager recommending open market purchase of one 6-71 Diesel Engine and related parts for the Fire Department. Councilman Hurwitz moved approval of the recommendation. The motion was seconded by Councilman Diament and on voice vote carried unanimously. 17. From the City Manager concerning the grant application for National Endowment for the Arts. Councilman Hurwitz moved acceptance of the report and that the City Manager be advised to apply for the grant. The motion was seconded by Councilman Diament and on voice vote carried unanimously. 18. From the Assistant City Manager submitting report of Count of Money held August 18, 1976. Councilman Diament moved acceptance of the r2pOrt. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote. 19. From the Assistant City Manager transmitting report on CETA Title II and Title VI Programs. Councilman Sherratt moved acceptance of the report and that the resolution be taken out of order. The motion was seconded by Councilman Diament and carried unanimously on voice vote. The meeting proceeded to "ReS0lUtiDnS'. RESOLUTIONS: 20. The following resolution was introduced by Councilman Hurwitz who moved its adoption: "Resolution No. 8597 Amending Salary and Position Resolution No. 8552 by Adding Three (3) Positions of Junior Typist Clerk (CETA); by Adding Four (4) Positions Of Laborer Trainee (CETA); and by Creating One (1) Position of Police Services Trainee (CETA)." 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: 21. From the Community Relations Commission, signed by the Secretary, transmitting Commission action on the issue of duplication of functions and activities with the Social Service Board functions. Councilman Diament moved acceptance of the report. The motion was seconded by Councilman Sherratt and on voice vote carried unanimously. 22. From the Community Relations Commission, signed by the Secretary, transmitting Commission action on the issue of merging/continuing the Community Relations Commission. Councilman Sherratt moved acceptance of the report. The motion was seconded by Councilman Hurwitz and carried unanimously on voice vote. 23. From the Community Relations Commission, signed by the Secretary, submitting request for adoption of an urgency ordinance to extend the two-year term of the Community Relations Commission. Councilman Diament noted the Commission had requested a one-month extension beyond the two-year trial period. She said she felt more time than that was necessary for both the Social Service Board and the Commission to firm up their ideas and goals. She recommended a one-year extension. President Corica said he would agree; that the Board and Commission were discussing a possible merger and there was a possibility a request might be made for a change in the Charter, as it related to the Social Service Board's membership. City Manager Goss called attention to the Commisson's request to meet in joint session with the Council, and asked if there was any interest on the part of the Council in so doing. It was the consensus of the Council that no such meeting be scheduled until such time as the Board and Commission had decided among themselves what they were going to do. Councilman Hurwitz said he would like to see set out specific duties of a separate Social Service Board, a separate Community Relations Commission, or a combined Board and Commission. Councilman Sherratt moved acceptance of the report with the recommendation that the term of the Commission be extended for a one-year period. The motion was seconded by Councilman Beckam and carried unanimously on voice vote. Councilman Sherratt moved the ordinance be taken out of order. The motion was seconded by Councilman Beckam and on voice vote carried unanimously. ORDINANCES FOR PASSAGE: 24. "Ordinance No. 1830, New Series Extending the Life of the Community Relations Commission. (Emergency Legislation)." Councilman Hurwitz moved the ordinance, as amended to extend the life of the Commission for a one-year period, be introduced and passed. The motion 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. UNFINISHED BUSINESS: 25. Consideration of appointments to Board s and Commissions: (a) Recreation Commission; (b) Golf Commission; (c) Housing Authority. President Corica reported this item had been continued for consideration at the next meeting to be held October 26, 1976. 26. Consideration of the City Attorney's office providing legal services for the Alameda Housing Authority. On request by the City Attorney, it was the consensus of the Council that this item would be discussed in executive session as it related to a personnel matter. 27. President Corica announced the Post Office would be used as a "Haunted House" for the next several months by the March of Dimes. He suggested a sign be placed on the premises indicating the building was available for sale or use. The City Manager advised this was already in process. 28. Councilman Diament requested a policy directive be set for the use of Tidelands Trust Funds and that the matter be considered by the Council in November. 29. Councilman Beckam announced that Mayor Corica had been appointed as the City's representative to the Joint Powers Agreement for Solid Waste Management, with Councilman Diament to serve as the Alternate. 30. Councilman Beckam turned over to Councilman Diament a letter from Goodwill Industries describing program services available to the handicapped through CETA. 31. City Attorney Stroud informed the Council he had written to the Deputy District Attorney instructing him that the Council had asked that he look into the possiblity of prosecution for justified causes, because of activities on Webster Street in connection with adult bookstores. President Corica requested that copies of the communication be furnished to the Council. NEW BUSINESS: 32. President Corica commented on the Seaborn barge laying in the mudflats of San Leandro Bay and asked if anything were being done to have it removed. City Engineer Hanna reported BCDC had granted Mr. Seaborn an extension of time until October 8, 1976, to remove the tugboat; that he had been at the scene this date and there had been four large pontoons, a barge with a deriick, and a tug attempting to lift the southerly end of the barge. He said it was his understanding Mr. Seaborn intended to cut the barge up for scrap. President Corica asked if there was anything the city could do in the matter, and Mr. Hanna stated he did not know, at this time, whether it was located within the city limits. Councilman Sherratt and Beckam requested that letters be sent to BCDC and the Corps of Engineers voicing the complaint and requesting they expedite the barge remova]. RESOLUTIONS: 33. The follO4ng resolution was introduced by Councilman Hurwitz who moved its adoption: "Resolution No. 8598 Amending City of Alameda Resolution No. 8585 to Certify Source of Funding for Phase III of Washington Park Development Project." The motion to adopt said resolution was seconded by Councilman Beckam and carried on the following roll call VOte, Ayes: Four. Noes: Councilman Diament, (1). Absent: None. 34. The following resolution was introduced by Councilman Diament who moved its adoption: "Resolution No. 8599 Accepting Proposal as Amendment to Agreement (Arutunian/Kinney Associates Inc. - Buena Vista Park Recreation Building)." The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the following roll call YOte, Ayes: FiY8, Noes: None. Absent: None. 35. The following resolution was introduced by Councilman Hurwitz who moved its adoption: "Resolution No. 8600, Authorizing City Manager to Sign Letter from Pacific Gas and Electric Company Concerning Modifications in Billing Procedures for Utility Users Tax The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the following roll call VOt8, Ayes: Five. Noes: None. Absent: None. 36, The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution No. 860I Adopting Specifications, Special Provisions and Plans for Construction Of the Alameda Police Administration Building, 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 VOt2, Ayes: Five. Noes: None. Absent: None. Mr. Burns Cadwalader, Architect, reviewed the time schedule for completion of the project. He reported the project would be advertised on October 8, I976, bids would be opened on October 29 and presented to the Council for acceptance on November 9. He stated they planned to start construction December 10, with a completion date of fourteen months, or mid-February, 1978, Mr. Cadwaiader noted the drawings had been submitted to the Building Inspections Department in order that checking of the plans would be done simultaneously with the bidding procedure to avoid delay; approval had been obtained from the local Fire Marshal, Public Works and Bureau of Electricity; and they had worked with the National Clearinghouse for Criminal Justice Planning and ArchiteCtUr Of the State Board of Corrections which had approved the project, the State Fire Marshal, both the state and county office of Emergency Services, the Civil Preparedness Agency, and Pacific Telephone. He said approvals had been received from all agencies subject to approval of the final bids. Mr. Cadwalader stated the prior base bid estimated submitted on March 10, I975 had been $1,492,000; that looking forward to a 31/2 to 4 month delay due to the difficulty in obtaining the site, there was now a base construction cost of $1,454,732 3stimated utility company charges of $14,000, a 6% escalation to June of 1977 of $77,877, a bidding contingency of 3% or $48,489, giving an estimated base bid of $1,585,098 at the present time. In addition, he said, there were five alternates which would be accepted or rejected according to the way bids are received. These were (1) the second floor enclosure, 5,200 square feet of additional space enclosed for future development; (2) fittings for pistol range estimated at $I3,000; (3) certain site work in the area between the new building and existing City Hall consisting of landscaping; (4) certain movable cabinets estimated at $26,000; and (5) the communications system which included not only the items which would be built into the building but items which would be built into the police cars as part of the overall communications system. Also, he stated, included in the above was the Emergency Operations Center cost of approximately $350,000, for which they had applied for Federal matching funds and, hopefully, would receive a grant for half of the cost. 37. The following resolution was introduced by Councilman Diament who moved its adoption: "Resolution No. 8602 Supporting the Separation of Fiscal Officers and City Clerks Into Two Departments of the League of California Cities." 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. 38. The following resolution was introduced by Councilman Diament who moved its adoption: "Resolution No. 8603 Supporting Transportation Study of San Leandro Bay." 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. City Manager Goss reported he had talked to the Executive Officer of the Metropolitan Transpor- tation Commission, who had indicated they had programmed the study to start approximately March, 1977 and to be completed probably in the fall of 1977. He said they had outlined generally that they wanted to assess the transportation needs of Alameda, the recreation areas of San Leandro , as well as various Airport properties. The President declared the foregoing Resolutions adopted. BILLS: 39. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $68,440.05, was presented to the Council at this meeting. The List was accompanied by certification from the City Manager that the claims shown were correct. In addition, a claim was presented from the County of Alameda for Moving Expense by Schedule and Dislocation Allowance to be paid to Mr. Joe F. Gay in the amount of $500.00. Councilman Beckam moved the bills as itemized in the List of Claims filed with the City Clerk on October 5, 1976, and presented to the City Council at this meeting, and the claim of the County of Alameda above described, be allowed and paid. The motion was seconded by Councilman Hurwitz and on voice vote carried unanimously. FILING: 40. Annual Operating Report - Bureau of Electricity. 41. Financial and Operating Report for month ending July 31, 1976 - Bureau of Electricity. 42. Agreement between City and South Shore Center, Inc. re Parcel Map No. 1613. 43. Amendment to Agreement between City and Arutunian/Kinney Associates Inc. re Buena Vista Park Recreation Building. 44. Specifications PW 10-76-11 - Construction of Alameda Police Administration Building. 45. Councilman Sherratt moved the Council retire to executive session for a discussion of personnel matters and litigation. 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: 46. There being no further business to come before the meeting, the Council adjourned in respect to the memory of former MAYOR FRANK P. OSBORN, to assemble in adjourned regular session on Tuesday, October 26, 1976, at 7:30 o'clock p.m. Respectfully submitted, City Clerk