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1974-06-18 Regular CC MinutesREGULAR MEETING OF THE COUNCIL 01, THE CITY OF ALAMEDA HELD TUESDAY JUNE 18. 127/ The meeting convened at 7:30 o'clock p.m. with Vice President Corica presiding. The Pledge of Allegiance was led by Councilman Beckam and was followed by an invocation delivered by the Reverend Don Taylor, Pastor of the Central Baptist. Church. POLL CALL: The roll was called and Councilmen Beckam, Hurwitz, McCall ant Vice President Corica, (L), were noted present. Absent: President Ia Croix, Jr., (1). OATH OF OFFICE: 1. On request, the City Clerk administered the Oath of Office to Mrs. Claribel Erin Kaleva, re- appointed Member of the Library Board. Mr. Carl W. Hamilton, City iirrarian, introduced Library Board Members Mr. Joseph Durein, Mr. Donald Eruzzone, Rrs. iois Hanna and Dr. leylan A. Vedros. Vice President Corica expressed the appreciation of the Council to the Board Members for their commendable service to the community, MINUTES: 2. The minutes of the special meeting held May 22, and regular meeting held June 4, 12"1., were approved as transcribed. WRITTEN COIBIL''NICATIONS: From Braddock & Logan, Developers, signed by Mr. John F. Hughes, concerning Final Map and improvement plans for Tract No, 3550. Vice President Corica explained the developer had given the City an option to buy a seven and one - half acre per.ei of land adjoining a two and one -half acre parcel which had been dedicated for recreational purposes. He said the developer now requested the City to take up its option or release it so they might proceed with their project, and stated the cost to the City would approxi- mate x$374,236.75. Following a discussion of capital improvement needs and the present uncertainty as to the ultimate development of Bay Farm Island, Councilman Beckam moved the developer be released from the option to trade or sell to the City the seven and one -half acre parcel of land. The motion was seconded by Councilman Hurwitz. Mrs. Inez Kapellas, 11228 College Avenue, asked if the development of this parcel would be subject to the provisions of "Measure A ". She was advised the project was exempt as both the Tentative and Final Maps had been approved prior to the effective date of the Charter .Amendment. The question was the:i put and carried on the following roll call vote. Ayes: Four. Noes: None, Absent: President La Croix, Jr., (1). 1. From Mr. Donald J. Bell, regarding the Alameda High School auditorium facilities, Vice President Corica reported Mr. Bell felt the auditorium should be acquired and used jointly by the School District and the City. Mr. Frank Ratto, 1053 Island Drive, stated he and others in the community were very interested in retaining the facilities for use as a community auditorium. He asked the Cn_ndil to postpone action on the matter until their investigation had been completed. Councilman McCall read a letter received this date from the Board of Education, in which it was stated the Board had determined replacement of most of Alameda High School would be more feasible than re- habilitation of the non-conforming portions. It was also stated several citizens had suggested the City might be interested In acquiring the auditorium for use as a civic center and the hoard desired to ascertain the extent of such interest. Councilman McCall reported the College of Alameda had a full -size auditorium in their capital outlay program and the projections were that it would be built. He said it was his opinion this would be the logical site for a civic auditorium. Councilman Hurwitz stated a survey revealed the auditorium had been used for outside community performances only five time; in 1972 -73 and five times in 1973 -74; the balance of the time it had been used for student body meetings. At the conclusion of discussion, Councilman Eeokam moved the Council regretfully decline to accept participation in the retention of the existing Alameda High School auditorium. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President 1a Croix. Jr., (1). 5. From Mrs. Thelma C. Agnew, 1428 Park Street, opposing City purchase of the Post Office building. From the Alameda Board of Realtors, signed by Mr. J. P. McClure, President, opposing proposed use of Post Office site as a Police Station. From Mrs. Virginia Groom, Police Department employee, citing spare needs of the Department. The City Manager mentioned there had been several misconceptions expressed in the first two letters. He stated he had only received authorization from the Council to negotiate with the General Services Administration for possible acquisition of the property based on its structural adequacy, and other conditions; also, there was no intention to encroach upon the existing public parking lot adjacent to the site, in the event the building should he acquired by the City, nor to close of Park Avenue, The communications were referred to the file. 6. From the Alameda Chamber of Commerce, signed by Mr. Donald J. Gehb, President, concerning economic impact of the boating industry in the City. Mr. Bud Chamberlain, Chairman_ of the sub- committee of the Aqua Business Committee of the Chamber of Commerce, summarized the written report which had been furnished to the Council. He said it was their opinion the sales tax revenue to the City from the marine and pleasure boating industry could be doubled, and the Committee recommended the Council consider the formation of a Port Commission or Marine Advisory Board to provide long range planning to achieve controlled growth and proper usage of the water - oriented businesses. They further recommended membership on the Board consist of elected officials, City staff, general business people and representatives of the marine industry. After a lengthy discussion, the report and recommendations were referred to the City Manager and City Attorney to investigate the formation of a Marine Advisory Board with a report to the Council prior to its regular meeting of August 6, 1974. 7. From Mr. Jacob Levitan, Attorney, requesting a permit be issued to the East Bay Sanitary, Inc., to haul refuse from the North and East Housing Areas of the Naval Air Station. City Attorney Cunningham explained that for many years Alameda City Disposal had held an exclusive franchise to collect and dispose of, haul, et cetera, certain defined refuse and garbage accumu- lating in the City. He said the United States now required their minor contracts to go to public bid and the low bidder to haul refuse from the Housing Areas had been East. Bay Sanitary, Inc.; that it was no longer possible to cover the refuse as fill on the Naval property and it must, of necessity, he transported out of the City over City streets. In this connection, the Alameda City Disposal had objected. Mr. Cunningham stated it was his opinion the franchise to Alameda City Disposal governed only parts of the City over which the City had control and did not cover the Federal enclave. He said he believed it would be legally possible, from a technical standpoint, to award the person given the Federal contract a special City permit for the sole purpose of transporting garbage generated in the Naval Air Station cut of the City over carefully defined routes and in carefn ly controlled vehicles, subject to the approval and supervision of the City Engineer, and containing adequate indemnification and insurance provisions protecting the City from Lability which might be incurred by virtue of granting such permit. Attorney Jacob Levitan stated he had reviewed the ordinance and franchise and believed it dealt. with garbage and refuse collected within the City. He said his client world agree to the con- ditions set, out by the City Attorney. In answer to a question put by Councilman McCall, Mr, Levitan stated his client's contract covered the residential areas of the North and East. Housing areas of the Naval Air Station. There followed a general discussion as to whether these areas were within the boundaries of the Naval Air Station. Mr, Randall F. Dickey, Jr., Attorney for Alameda City Disposal, stated there was a point of con- troversy as to whether some of the Housing areas were actually on City or Federal land. He said that under his client's franchise agreement, a percentage of the revenue was paid to the City. He stated he did not believe another company should he allowed to come into the City and conduct the same type of operation without paying a revenue to the City and in direct competition to his client, Mr. Dickey referred to bid information supplied by the U.S. Navy indicating the types of units to be serviced, these being set out as On- Station Units - 341 Public Quarters consisting of 11,2 buildings, and Off- Station Units - 872 Public Quarters consisting of 16G. buildings. Following discussion, the City Attorney and City Engineer were directed to investigate the boundary question. Further consideration of the request was held over to the regular meeting of July 16, to be placed on the agenda under "Unfinished Business ". A ten - minute recess was called. Upon reconvening, the meeting continued with the regular order of business. 8. The following persons requested to speak under the specified items: Miss Joan Narahara, 106 Garden Road, "Reports and Recommendations" No. 1. Mrs. Inez Kapellas, 1125 College Avenue, "Reports and Recommendations" No. 1 and "Resolutions" No. 5. Mrs. Helen Freeman, 831 Laurel Street, "Written Communications" No. 1, and "Reports and Recommen- dations" No, 1. Mrs. Ilene Martin, 381 Anchor Way, "Resolutions" No. 8. Mr. Joseph Sullivan_, 3221 Liberty Avenue, "Resolutions" No. 5. Mr. Sam P. Young, 1722 Central Avenue, "Reports and Recommendations" No, 3. Mr. Don Lindsey, 1023 Morten Street, 'Reports and Recommendations" No. 3. REPORTS AND RECO2MENDATIONS: 0 Continued from the regular meeting of June 4, 1074, from the City Planning Board, signed by the Assistant Secretary, making recommendation on the Tentative Map for Tract No. 3548, filed by Harbor Bay Isle Associates. Vice President Corica asked if the map displayed in the Council Chamber depicted the entire Village and inquired as to its boundaries. Mr. Cal Jones, Architect for the developer, distributed small scale maps similar to the one on display, in which various areas had been colored in. He explained the Village, as described in the "PD" approval, consisted of the yellow area (Lots 1 -240), the two striped pink areas (Lots 225 1 "46), and the lagoon between them and were the first two neighborhoods. In answer t.o a question put by the Vice President, he stated no plans had been prepared for the uncolored area (southwest corner of Village 1 outside of the "PD" approved area) as at the time the 'Tentative Map had been filed, the area had been zoned Commercial. Attorney James B. Davis explained the uncolored area was a portion of the property which the Council had rezoned to "R- 1 -PP ", and would eventually be developed in accordance with that zoning. Vice President Corica said he was dissatisfied with (1) the 2C -foot street width; (2) the maintenance of the lagoon system which would be partially paid for by the City without full public access to the system; and (3) the building of the Village close to existing homes which were experiencing a noise problem. He said it was his opinion no construction should start on Bay Farm Island until the streets on the mainland of Alameda had been widened and the traffic problems resolved. In answer tc a question put, by Councilman Hurwitz concerning the exceptions and questions noted in his Report, the City Engineer replied the developer's written responses were an affirmative attempt to respond directly to each comment and were satisfactory. Councilman Hurwitz stated he, too, did not like the idea of building close to the Airport and would also like to see the streets widened, however he felt approval should he given to building the first 240 units and determination made after that concerning the environmental effect on the City. Mrs, Inez Kapellas expressed her objections to the street widths, the number of duplex structures, the lack of accessibility by the public to the lagoons and the cost of their maintenance. She suggested the Tentative Map not be approved with these conditions. Miss Joan Narahara questioned how the City would finance the maintenance of the lagoon system. The City Engineer explained an agreement would be entered into with the developer. Mr. Joseph Sullivan questioned the advisability of constructing residences on the sand mounds which would be created when dredging the lagoons. He objected to the lack of sidewalks and streets. Mrs. Helen Freeman spoke as to her understanding of a Tentative Yap and the lack of retention devices on the lagoons. She asked that the City Engineer check the real property description contained in the Grant Deed from Utac International Inc. to Harbor Bay Isle Associates; also that the City check the latest "Corps of Engineers Permit Responsibilities in Navigable Waters." She submitted the above documents to the City Clerk together with a letter from the County Clerk and a copy of the min:tes of Court of Sessions of Alameda dated October 3, 1954. Mr. Dale Sprankel. Architect for the developer, stated the Tentative Map under discussion consisted of two neighborhoods out of six neighborhoods in the total Village 1. He said this was consistent with the master planning presented heretofore to the Council and approved by the Planning Board. He stated the projected public streets would meet all City standards and would handle the traffic involved. Concerning the private streets, he said the one -way streets would he 1L -feet in minimum width and the two-way streets would be 22 -feet wide. He noted that in the Master Plan all access to neighborhoods were limited and none of the streets would be through streets. Attorney Allen Littman of Pillsbury, Madison e Sutro, representing the developer, stated the appli- cation had been filed in full conformity with the zoning ordinance, and the developer had complied with all demands of the City. At the conclusion of discussion, Councilman Hurwitz moved the recommendation of the Planning Board be adopted and the Tentative Map for said Tract be approved, subject to the conditions and req,,ire- ments contained in the City Engineer's Report dated May 14, 1924„ and satisfying the requirements of the Fire Department,. The motion was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Three. Noes: Vice President Corica, (1), Absent: President La Croix, Jr., (1). 10, . Continued from the regular meeting of June A, 1071, from the City Manager, requesting authoriza- tion to enter into ar Agreement with the East. Bay Regional Park District for a study of the beach odor problem. Dr. Alexander Horne, Assistant Professor of Aquatic Biology, University of California, explained the odor was caused by rotten algae. He stated he could make a contribution by identifying the odor - causing :natter and pinpointing the origin of the algae which he believed to be shell beds. He said when this had been established, then some action could be taken to dredge `he shell beds and remove the source of the problem, On question, he estimated the study would be rompleied and a report made by April 1, 1075, however stated that if weather and water condit ions permitted, it might, possibly be ready prior to that time. IIe agreed to submit progress reports. >c�4 Following discussion, Councilman Hurwitz moved authorization he granted to enter into an Agreement with the East Fay Regional Park District for the study, at a cost to the City not to exceed the sum of $6,727 to be paid from the Tidelands Trust Fund. The motion was seconded by Councilman McCall and carried on the following roll all vote. Ayes: Four. Noes: None. Absent: President La Croix, Jr., (1). 11. From the City Planning Board, signed by the President, requesting initiation of a moratorium on condominium conversions. Vice President Corica explained the request of the City Planning Board. He said he questioned the necessity for an immediate moratorium. The City Attorney stated an immediate moratorium would require an emergency ordinance, which he did not recommend. He said his office was working on an ordinance containing strong condominium conversion control regulations. The Acting Planning Director reported there were no pending applications to the Planning Board for condominium conversion. Mr. Samuel Young, 1722 Central Avenue, and Mr. Donald Lindsey, 1023 Morton Street, voiced their objections to a moratorium, stating there was no present emergency. Mrs. Ina Ratto, 1053 Island Drive, a member of the City Planning Board, said the Board had been looking at the issue since January, 1873. She stated the Board was beginning a review of the Sub- division Ordinance. The main reason the Board had requested the moratorium was because there were few applications at the Board level at the present time. She said the Board had no criteria on which to judge condominium conversion applications and this is what, they wished to develop. Sr. John Fenstermacher, 1734 Cambridge Drive, a member of the City Planning Board, stated he and Mrs. Ratto were on the Condominium Conversion Committee of the Board. He said they believed tha- at the end of the four -month period of time they would have something constructive to present to the Hoard and forward to the Council. He stated this would provide a breathing period within which they could formulate subjective criteria. Mr. Brit Johnson, 858 Portola Avenue, questioned the need for an emergency measure. Mr. Joseph Sullivan expressed himself in favor of the Planning Board's request. Councilman Beckam stated he agreed with the Planning Board that an ordinance was needed: however he failed to see the need for an emergency measure. He moved the request be tabled. The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Four, Noes: None. Absent: President La Croix, Jr., (1), 1;,- From the Public Utilities Board, signed by Mr, L. F. Randall, Secretary, transmitting copies of the Annual Budget and Dividend Resolution. Vice President Corica complimented the Public Utilities Board and Mr. Fandall for transferring funds totaling $800,000 to the General Fund. Councilman Hurwitz moved the report, and resolution be accepted. The motion was seconded by Council- man Beckam and carried by the following roll all vote. Ayes: tour. Noes: None, Absent: President Le Croix, Jr., (1). 12, From the City Manager, recommending contract be awarded to Alameda Times -Star for publication of legal advertising during the fiscal year 1071 -75 at prices of $4.40 per column inch For First insertion and $4.00 for subsequent insertions. Councilman Hurwitz moved the recommendation be accepted and the contract be awarded to the Alameda Times -Star for publication of legal advertising during the ensuing fiscal year at the prices cuoted. The motion was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President La Croix, Jr., (1). 1L, From the City Manager, recommending approval of Final Map for condominium subdivision known as Tract No. 3582. (1601 Broadway) Councilman Eurwitz moved the report he accepted. The motion was seconded by Councilman McCall and or roll call carried by the following vote.. Ayes: Pour. Noes: None. Absent: President La Crow, Jr., (1). 15. From the City Manager, reporting completion of public improvements in connection with Parcel Map No. 1101, requesting acceptance and release of the performance bond. (1210 Boradway - D. B. Bitner Co., Inc.) Councilman McCall moved the improvements in connection with said Parcel Map No. 1101 be accepted and the subdivider released from his bond. Councilman Beckam seconded the motion which carried on the following roll call vote. Ayes: Four. Noes: None. Ahsent: President Le Croix, Jr., (1). 16. From the City Manager, submitting Recommended Tentative Budget for the Fiscal Year 1°72 -75, Councilman Beckam moved the Recommended Tentative Budget he accepted. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: lour. Noes: done. Ahsent: President La Croix, Jr., (1). The Vice President stated the City Manager would make his presentation of the Budget at a special meeting of the Council to be held on Thursday, June 27, 1074. 17, - From the City Manager, transmitting 1474 -75 General Revenue Sharing planned Use Report, The Vine President explained, as a technical procedure, the Federal Government reauired the submission of this report for the Entitlement Period 5 (July 1, 107/ - June 30, 1075) to be filed by June 2/, 107/. Of the estimated $435,841 to be received, the City Manager recommended the funds he allocated, as follows: 8350,000 to Public Safety Operations (Police) and 885.511 to Recreation Capital (Forth - side Park). Councilman Hurwitz moved approval and acceptance of the report. The motion was seconded by Councilman Beckam and carried on the following roll call vote, Ayes: Four. Noes: None. Absent: Presiden! La Croix, Jr., (1). 18.. From the City- manager, recommending payment. of claim submitted by the Alameda Chamber of Commerce. Councilman Beckam moved that the claim in the amount of 8 °b8.15 be approved and payment aut.horizcd. The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Four, Noes: None. Absent: President La Croix, Jr., (1). UNFINISHED BUSINESS: 1R, Mrs. Helen Freeman commented on the communication received from the Alameda Chamber of Commerce concerning the boating industry in the City. She stated that in 1°13 the State Legislature gave .a grant to the City for all of its tidelands, however the titles had never been quieted. She said in 1 °27 the Legislature passed another statute and at no time had the City lost its tidelands. She turns over to the City Attorney documents supporting her statements. 20. Councilman Hurwitz requested an ordinance be prepared, to be placed on the agenda of the next regular meeting of the Council which would authorize the placing of "Yield" signs at the inter- section of _Pacific Avenue and Schiller Street. The City Attorney and City Engineer were directed to follow through with the request. NEW BUSINESS: 21, Vice President. Corica read a prepared statement objecting to remarks made by Mr, Donald Gehh, outgoing President of the Chamber of Commerce, alleging a lack of majority rule and direction, *which had appeared in the Alameda Times - Star. 22. Vice President Corica complained or the unsightly appearance of the grocery store building located at High and Jackson Streets. He asked that steps be taken to notify the owner to abate this nuisance. The City Engineer was directed to investigate the matter and take the necessary action, 23. Vice President Corica commented on the lack of signs indicating a turn -off to the City on the Boy fridge. The City Engineer advised the Chamber of Commerce, Signing anr. Access Committee, was working on this at the present time. A ten- minute recess was called. Upon reconvening, the meeting continued with the regular order or business. RESOTJJTIONS: 22. . The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 8211 Authorizing Year -End Transfers on the Books of Account of the City of Alameda." 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 Le Croix, Jr., (1). 25. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8212 Affirming and Adopting Agreement to Highway Users Tax Budget.," The motion to adopt said resolution was seconded Cy Councilman Hurwits and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President La Croix, Jr., (1). 20. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 821E Providing for the Amount Per Diem for Officers and Employees of the City of Alameda for Traveling Expenses." The motion to adopt said resolution was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President La Croix, Jr., (1). 27. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 8,ll Approving Final Map or Condominium Subdivision Known as Tract 3582, Authorizing Execution of Agreement for Construction of Public Improvements Therein, and Approving Faithful Performance Bond as to Sufriciency (1601 Broadway)." The motion to adopt said resolution was seconded by Councilman Beckam and carried on the folio roll call vote. Ayes: Four. Noes: None. Absent: President, La Croix, Jr., (1). 28. "Resolution No. Establishing Monthly Expenses Reasonably and Necessarily Incurred by Members of City Council Attributable to Performance of Duties of Of0Ice, and Authorizing Payments to Members as Reimbursement Thereof." Councilman Hurwitz stated he asked that this resolution be placed on the agenda so input might be received from the public, however he felt the response to date had been meager due to insufficient. time. He said he felt action by the Council should be delayed. Mr. Joseph Sullivan stated he felt more information was needed as to the type of expenses incurred by members of the City Council, however he would advocate they he paid a reasonable amount. Mrs. Inez Kapelias recalled this subject had been defeated each time it had appeared on a Dellot.. She suggested it he put to a vote of the people at the November election in the form of a Charter amendment. Vice President Corica reported a survey of surrounding communities revealed the following monthly compensation paid to Councilmen. 3erkeley: Councilmen_ - $6300, Mayor - $600. Emeryville: :157.50. Fremont: $300. Concord: $3000, Walnut Creek: $230, Oakland: 96500 plus $128 car allowance. San Leandro: :250 plus $50 car allowance. Richmond: $30 plus $50 car allowance. Livermore: $6+00. Hayward: 2300. Following discussion, Councilman Hurwitz moved consideration of the resolution be continued until such time as President. La Croix, Jr. had returned to his seat on the Council. The notion was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Four. Noes: None, Absent: President La Croix, Jr., (1). "Resolution No. 8215 Adopting Specifications, Special Provisions and Flans for Lincoln Park, Phase 2, Baseball Infield, Calling for Rids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Reckam and carried on the following roll call vote. Ayes: Four, Noes: None. Absent: President La Croix, Jr., (1). The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8216 Authorizing Application to Metropolitan Transportation Commission for Federal Transportation Development Act Funds -- City Bikeway System (210,210.00 Matching Funds)." The motion tc adopt said resolution was seconded by Councilman Hurwitz and carried on the following roll call vote. '_yes: Four. Noes: None. Absent: President La Croix, Jr., (1). Mrs. Ilene Martin questioned who would he liable in the event of an accident on a hike path. The City Attorney stated it would be impossible to forecast, a Court derision on a complicated question of liability. He reported that he and Mrs. Martin had discussed the matter at great. length. 31. The following resolution was introduced by Councilman Hurwitz. who moved its adoption: "Resolution No. 8217 Authorizing Application to State Department of Transportation for Development of Bicycle Pathway Project in Vicinity of Bay Farm Island Bridge ($6s,00n.00 City Matching Funds)." The motion to adopt said resolution was seconded by Councilman McCall and carried on the follawir_g roll call vote. Ayes: Four. Noes: None. Absent: President Le Croix, Jr., (1). The Vice President declared the foregoing Resolutions adopted. *The following resolution was introduced by Councilman Beckam, who moved its .adoption: INTRODUCTION OF ORDINANCES: 32.' Councilman beckam introduced the following ordinance, after which it would be (aid over under provision of law and the Charter: "Ordinance No. New Series Amending the Alameda Municipal Code by Adding Sutsections (18) Through (34) to Section 17- 232 Thereof, Relating to U Turns." The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President La Croix, Jr., (1). BILLS: 33. An itemized List of Claims against the City cf Alameda and the Departments thereof, in the total amount of $38,536.47 was presented to the Council] at this meeting. The List was accompanied by certification from the City Manager that the claims shown were correct. Councilman Hurwitz moved the bills as itemized in the List of Claims filed with the City Clerk on June 18, 1074, and presented to the City Council at this meeting, ire allowed and paid. The motion was seconded by Councilman McCall and on roll call carried by the 2ollowing vote. Ayes: Four. Noes: None. Absent: President, La Croix, Jr., (1). ORAL COMMUNIICATIONS, GENERAL: 3l.,. Mr, Joseph Sullivan urged the Council reconsider its action taken on the reouest of the City Planning Doard that a moratorium be placed on condominiums conversions. 35. Mrs. Ina Ratto commented on public versus private access to the lagoon system and bikeways as proposed by the Harbor Day isle developers. FILING: 36. Agreement - Between City and Donald J. and Marie E. Kane and Paul C. and Rosemary G. Schmidt - re Tract No. 3582. 37. Financial and Operating Report - Bureau of Electricity as of April 30, 1074 - Verified by George A. Rackleman. 38, Councilman Hurwitz moved the Council retire to executive session for consideration of personnel natters and matters dealing with litigation. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President 'a Croix, Jr., (1). Ater a five - minute recess the Council reconvened in the Conference Room of the City Hal] for its deliberations. Following discussion, Councilman. Hurwitz moved the Council conclude its executive session. The motion was secondeo by Councilman Beckam and carried on the following roll call vote. Ayes: Four. Noes: None, Absent: President La Croix, Jr., (1). There being no objection, the meeting proceeded to "Resolutions ". RESOLUTIONS: 30, The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8218 Authorizing Employment of Special Legal Counsel in Proceedings Against Certain Oakland Airport Operat ions," 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 La Croix, Jr., (1). The Vice President declared the foregoing Resolution adopted. A DJ O HRNI4ENT : 10. There being no further business to come before the meeting, the Council adjourned, to assemble in regular session on 'Tuesday, July 2, 1071, at 7:30 o'clock p.m. Respectfully submitted, City Clerk