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1976-11-02 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - - - - - NOVEMBER 2, 1976 The meeting convened at 7:30 o'clock p.m. with President Corica presiding. The Pledge of Allegiance was led by Vice Mayor Beckam and was followed by an Invocation delivered by the Reverend Nobuaki Hanoaka, Pastor of the Buena Vista United Methodist Church. ROLL CALL: The roll was called and Councilmen Beckam, Diament, Hurwitz, Sherratt and President Corica, (5), were noted present. Absent: None. WRITTEN COMMUNICATIONS: 1. From Transcentury Realty Masters Inc. signed by Mr. Art Briscoe, Manager, requesting properties located at 2986 and 2990 Johnson Avenue be waived franprovisions of the Subdivision Map Act. City Engineer Hanna reported the waiver would accomplish the purposes and intent of the State Subdivision Map Act, as well as City ordinances, and the proposed division of land complied with requirements as to area, improvement and design, drainage, improved public roads, sanitary facilities, water supply, environmental protection, and no public improvements would be necessary or desirable. Councilman Hurwitz moved the Council so find, and the Subdivision Map Act requirements for the described properties be waived. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote. 2. From Transamerica Title Insurance Company, signed by Mr. Michael Schroeder, requesting property located at Pacific Marina (their Title Reports Nos, 5761 and 189943 B) be waived from provisions of the Subdivision Map Act. Councilman Beckam moved the Council so find, and the Subdivision Map Act requirements for the property located at Pacific Marina above described be waived. The motion was seconded by Council- man Diament and on voice vote carried unanimously. 3. From Holvick, DeRegt & Koering, signed by Mr. Herbert R. Fielden, requesting property located at South Shore Center (Mervyn's Addition, Portion of Lot 1, Block 13, Tract 1866, South Shore Center, Alameda) be waived franprovisions of the Subdivision Map Act. City Engineer Hanna stated the waiver would accomplish the purposes and intent of the State Subdivision Map Act, as well as city ordinances, and the proposed divisioicomplied with the require- ments. Councilman Beckam moved the Council so find, and the Subdivision Map Act requirements for the property located at South Shore Center above described be waived. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote. REPORTS AND RECOMMENDATION: 4. From the Planning Board, signed by theSecretary, making recommendation on Rezoning Application R-76-14, filed by Harbor Bay Isle Associates, to reclassify an approximately 10.304 acre parcel located on the San Leandro Bay Channel adjacent to Maitland Drive, from "R-1-PD", Single Family, Planning Development District to "C-2-PD", Central Business, Planned Development District, for the proposed Harbor Bay Isle Club. The hearing was set for November 16, 1976. 5. From the Planning Board, signed by the Secretary, mating recommendation on a tax on new residential dwelling units for mass transit and non-motorized transit purposes. President Corica lrected the proposal be referred to the City Manager for study and report. 6. From the City Manager submitting proposal form David M. DeVoe for determining value of City property located at the southeasterly corner of Fir Avenue and Holly Street. Councilman Sherratt moved acceptance of the report, approval of the recommendation, and that the resolution be taken out of order. The motion was seconded by Councilman Hurwitz and carried unanimously on voice vote. RESOLUTIONS: 7. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8620 Authorizing Acceptance of Proposal of David M. DeVoe as Service Contract." 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: 8. From the City Manager reporting all work satisfactorily completed on the project of the Construction of Buena Vista Park, recommending it be accepted and the Notice of Completion ordered filed Councilman Hurwitz moved the project be accepted as satisfactorily completed and the Notice of Completion be ordered filed. The motion was seconded by Councilman Beckam and on voice vote carried unanimously. 9. From the City Manager concerning the need for red curbing at the Otis-Broadway intersection. Councilman Hurwitz asked if all residents in the vicinity of the proposal had been notified. City Engineer Hanna replied all adjacent residents had been provided with an information sheet and sketch, and he had heard of no objection. He said they had watching parking in the area for some time and it was only occasionally that one car would be parked there. Mr. John Heathershaw, 1011 Broadway, stated the proposed red curbing would come just about to his driveway, would eliminate parkinglacilities for guests, and would be an inconvenience. He reported that some of his neighbors owned several automobiles which were not parked on the street during the day hours, but were in evidence after working hours and weekends. He questioned placement of the lane striping approaching the intersection. Mr. Hanna stated the City had been working with the State highway engineers regarding the lane striping, and a compromise had been reached which was acceptable to both. However, he stated, the matter was not urgent, and suggested it be held over pending contact with Mr. Heathershaw by the City Transportation Engineer. Councilman Beckam asked if the ordinance which would be proposed would include "no parking" on both Otis Drive and Broadway at this intersection. Mr. Hanna stated it would cover only "no parking" on Broadway as Otis Drive was a portion of the State highway, however the state might require the City to include it in the ordinance. It was directed the matter be held over. 10. From the City Manager regarding the Driving Range building bids. President Corica reported three bids had been received, however the low bidder, George Kalmar & Son had submitted a request to be released from their bid due to an error in computation. He noted the base bid included the building and all facilities and seven covered tees; that an alternative bid was also inducted for the provision of six additional covered tees. He stated the second lowest base bid was $77,016 for the driving range building and would cost $13,055 for the six additional tees; that the project could either be done piecemeal or all at one time. He said he would recommend the base bid and alternate bid be awarded at this time, to avoid escalating costs. City Manager Goss advised the budget for this driving range project was $110,000, as set out in the approved Capital Improvement Program 1976-78; that this had been based upon a lesser expenditure for the structures. He said it appeared a more realistic budget would be $160,000 for the total project. He reported the amount of money projected from the surcharge was $6600 to $6700 per month, and this had proven out the first three months. Mr. Goss noted the project was being funded from a loan from the Police Building project; that by prior action the Council had extended the construction period for the police building from 12 to 15 months; that since the surcharge had already been in effect for three months, there would probably be an 18 to 20 month period during which the loan could take place, which totalled out to $125,000 as opposed to the new project of $160,000. Mr. Goss stated there were certain unknowns, namely, (1) there could be delay which would extend the construction period of the Police Building and, therefore, the cash flow period for payment of the construction; and (2) there probably would be increased revenue from the driving range and golf cart improvements. He said he would recommend an evaluation at the end of this fiscal year to see whether or not the surcharge might have to be increased in order to pay for the project during the course of the construction of the Police Building. Mr. Goss modified his written recommendation in the following manner: (1) That George Kalmar & Son be released from their bid and their bid security released; (2) that the contract for the driving range building be awarded to M & H Construction in the total amount of $90,071 to include both the base bid for the building and seven covered tees and the alternate bid for six additional tees; the Council authorized for an unspecified period an extension of the $.50 surcharge which had been established for this golf cour se improvement, and also apnrove later consideration of possibly increasing the surcharge at the end of 1976-77 based on an analysis of economic factors related both to the police building construction project and golf course revenues; (3) funds for the driving range construction project be authorized from the Capital Outlay Fund with the proceeds from the $.50 surcharge to be placed in that Fund until the total amount of the bid for the driving range building in the amount of $90,071 was repaid; and (4) that the budget for Project 11-21 (Driving Range) of the Capital Improvement Program, 1976-78, be increased from $110,000 to $160,000. Councilman Sherratt said it was his opinion the surcharge period should be extended to complete the entire project. President Corica agreed. Councilman Diament asked if the Golf Commission had made a recommendation in the matter. President Corica stated they had recommended only the pursuit of funding at this time. Councilman Hurwitz suggested the question of extending the surcharge period be sent to the Golf Commission prior to any Council action on that aspect. Mr. Clifford Dutrow, Chairman of the Golf Commission, reported that in their original proposal on funding the driving range, they had indicated there would be two provisions of the Professional's contract which would change upon completion of the driving range building and cart storage shed. He said their income projects had been approximately $31,000 in additional income which would then accrue because of the completion of these projects, and which might possibly be applied to the repayment of the loan. At the conclusion of the discussion, Councilman Sherratt moved acceptance of the report and approval of the verbal recommendations of the City Manager. The motion was seconded by Councilman Diament and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 11. From the City Manager concerning the application for funding of street projects under the Federal Aid Urban Program. On question, City Engineer Hanna explained the City had been asked to submit three projects for consideration of funding; that these had been (1) the Main Street widening from Pacific Avenue to Atlantic Avenue; (2) the Atlantic Avenue connector from Webster Street to the proposed Patton Way, and (3) Mariner Square Loop from Tinker Avenue on the west to Tynan Avenue on the east. He said at the main committee meeting it had been pointed out the city mid not ask for three more projects as it already had one on the list, i.e., Patton Way, and had asked that one of the three projects be deleted. He stated he had asked that the Atlantic Avenue connector be deleted. Mr. Hanna commented it was his opinion funding for the remaining projects would rot be forthcoming because of their low priority rating, however they would be carried on a list and might e\entually be funded. He noted the Federal Aid Urban Program provided for 83% funding of approved projects. Councilman Beckam moved acceptance of the report with the deletion of Item #2, the Atlantic Avenue Connector. The motion was seconded by Councilman Sherratt and carried by unanimous voice vote. 12. From the City Manager on the Water Quality Control Boad proposed regulating order for the Alameda City Dump. On request, the City Engineer offered an explanation of the proposed order. He said the concern of the Water Quality Control Board was that leachate seeped out of the perimeter of the dump and entered into San Leandro Bay and was, in their opinbn, in violation of State regulations. Mr. Hanna recommending hiring the services of a consulting firm in order to better understand the problem and obtain an estimate of the cost. He said he would be meeting with staff of the Board on the following day, and would request a time extension. Following discussion, Councilman Sherratt moved acceptance of the report with the request that the City Engineer continue discussions with the Water Quality Control Board and the City Manager submit a detailed analysis of the problem. The motion was seconded by Councilman Diament and on voice vote carried unanimously. UNFINISHED BUSINESS: 13. Support for legislation to permit a San Leandro Bay crossing. President Corica stated the Council was interested in getting some type of crossing for San Leandro Bay, however present legislation did not permit this. Councilman Beckam noted the Council had adopted Resolution No. 8603 which, among other things, urged joint planning among the affected public agencies for the development of the San Leandro Bay park and access thereto. He said he thought the crossing would be one of the items to be considered by the joint planning group, and it was his opinion it might be premature to ask for legislation at this time; however the Council should go on record as requesting consideration of such a facility. Councilman Hurwitz asked Councilman Beckam if he were speaking specifically of the crossing or legislation. Councilman Beckam said he thought if legislation was sought specifically for a crossing of the Bay at the moment, this might preclude other routes for getting across the area, such as above, under, or on the surface. Councilman Sherratt said it was his belief support should be sought for a specific resolution endorsed by the East Bay Regional Park District, the City of Oakland, and other affected agencies. President Corica agreed with this statement. Councilman Hurwitz said it should be stressed that the City would prefer an underwater crossing, if at all possible, but if that was not possible then the City should lobby for a crossing of the Bay. Councilman Beckam noted present legislation did not preclude the crossing, but had dropped it as a portion of the Route 61 freeway, which it was doubttful would be built. At the conclusion of discussion, it was the consensus of the Council that the City Manager be requested to pursue and seek support from the East Bay REgional Park District, the cities of Oakland and San Leandro, and other agencies, in seeking a joint solution to the crossing of San Leandro Bay. 14. , President Corica inquired concerning the status of the Combined Land Use, Open Space and Circulation Element. He said it had been his understanding it would come to the Council in October, 1976. Planning Director Patterson reported the Element was presently in the draft process; that following internal review by the Recreation, Engineering, Planning and City Manager Departments, it would be laid out as to format, typed, pictures taken and finally printed. He estimated this process would be completed about the first of the year. Following this, he said, the Element and EIR would be sent to the State Clearinghouse and public distribution made prior to public hearings before the Planning Board and City Council. He noted the EIR was being done concurrently with the Element. He commented that only two staff members were assigned to the preparation of this three-part Element and EIR. City Manager Goss remarked that one of these staff members had only recently returned from a lengthy leave. Councilman Beckam referred to the June 15, 1976 status report on General Plans which listed this Element as going to the Planning Board for final hearings and actions in December, 1976 and to the city Council for final hearings and adoption in January, 1977. 15. Councilman Beckam commented that on January 20, 1976 an ordinance had been adopted setting rates for the collection of garbage, which he quoted. He stated he was pleased to report the residents of Alameda were paying the lowest rate in the Bay Area at this time of $3.50 per can, and would be for several years to come. He noted residents of Fremont, Newark, and Union City were paying $3.60 per can per month as of July 1, 1976 and Emeryville, Albany, Piedmont, Oakland, Ora Loma, Castrol Valley and Hayward were paying $4.00 per can. NEW BUSINESS: 16. City Attorney Stroud requested a hearing date be set on the ordinance relating to the waiver of Parcel Map requirements The hearing was set for November 16, 1976. RESOLUTIONS: 17. The following resolutions were introduced by Councilman Sherratt, who moved their adoption: "Resolution No. 8621 Appointing Member of the Golf Commission." (Lloyd M. Albright) "Resolution No. 8622 Appointing Member of the Golf Commission." (Edward M. Gingrich) The motion to adopt said resolutions was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. The Oaths of Office were administered to Messrs. Albright and Gingrich by the Clerk. 18. The following resolutions were introduced by Councilman Hurwitz, who moved their adoption: "Resolution No. 8623 Appointing Member of the Recreation Commission." (Arthur A. Roke) "Resolution No. 8624 Appointing Member of the Recreation Commission." (Howard E. Brownson) 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 Oaths of Office were administered to Messrs. Roke and Brownson by the Clerk. 19. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. Appointing Commissioner of the Housing Authority of the City of Alameda." (Gary L. Gates) The motion to adopt said resolution was seconded by Councilman Sherratt and failed to carry on the following roll call vote. Ayes: None. Noes: Four. Abstaining: Councilman Beckam, (1). Absent: None Mr. Gates asked that the Council reconsider their vote and, at his request, he was permitted to make a statement favoring his appointment. He asked that the Council consider a six month appointment after which he would tender his resignation if there was any question as to his qualifications. There followed an exchange of opinion between Mr. Gates, Councilman Hurwitz and President Corica. Mr. Joseph Sullivan, 3221 Liberty Avenue, suggested Mr. Gates be appointed for a six month probationary period. At the conclusion of discussion, Councilman Diament moved the motion introducing the resolution be rescinded. The motion was seconded by Councilman Hurwitz and carried unanimously on voice vote. Councilman Hurwitz then moved the resolution be introduced and adopted. The motion was seconded by Councilman Beckam and failed to carry on the following roll call vote. Ayes: None. Noes: Four. Abstaining: Councilman Beckam, (1). Absent: None. 20. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8625 Adopting Specifications, Special Provisions and Plans for Construction of Alameda Municipal Golf Course Cart Storage 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 vote. Ayes: Five. Noes: None. Absent: None. 21. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8626 Approving Map Showing Location of Proposed City Street Construction Work to be Performed with 1976-77 Fiscal Year Moneys Payable by County of Alameda Under 'Mayor's Formula,' and Derived from State Highway Users Tax Fund." 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. 22. "Resolution No. Authnrizing Execution of Amended License Agreement with Alameda-Contra Costa Transit District for Installation and Maintenance of Bus Stop Shelters." President Corica announced consideration of this resolution would be held over to the meeting of November 16, 1976. ORDINANCES FOR PASSAGE: 23. "Ordinance No. 1832, New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, N.S." (R-76-15 - Tinker Avenue and Mariner Square Loop) Councilman Diament moved the ordinance be passed as submitted. The motion was seconded by Council- man Beckam and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. BILLS: 24. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $41,672.26, 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 Beckam moved the bills as itemized in the List of Claims filed with the City Clerk on November 2, 1976, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded by Councilman Hurwitz and on voice vote carried unanimously. ORAL COMMUNICATIONS, GENERAL: 25. Mr. Joseph Sullivan commented on the proposal of the Planning Board to place a tax on new residential dwelling units, which he understood would be a one-time tax. He suggested a better method of raising money to fund Capital Improvement projects would be a transfer tax, and urged its reconsideration. FILING: 26. Service Contract between City and David M. deVoe re appraisal of City property. 27. Specifications No. PW 11-76-13 - Construction of Golf Course Cart Storage Building. ADJOURNMENT: 28. There being no further business to come before the meeting, the Council adjourned at 9:15 o'clock p.m. to assemble in regular session on Tuesday, November 16, 1976, at 7:30 o'clock p.m. Respectfully submitted, City Clerk