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1977-04-05 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - - - - - - - - - - APRIL 5, 1977 The meeting convened at 7:3n o'clock p.m. with President Corica presidino. The Pledge of Allegiance was led by Councilman Hurwitz and was followed by an Invocation delivered by the Reverend Ronald G. Barton, Minister of the First Congregational Church, ROLL CALL: The roll was called and Councilmen Beckam, Diament, Hurwitz, Sherratt and President Corica, (5), were noted present. Absent: None, MINUTES: 1. The minutes of the regular meeting held March 1, 1277 and special meeting held March 9, 1977 were approved as submitted. WRITTEN COMMUNICATIONS: 2. From the Honorable Fred C. Cooper, Supervisor, Third District, regarding Pre-Trial ietentiaon Facilities, and "Report and Recommendation" from the City Manager. President Corica noted the recommendation of the City Manager and Chief of Police was that the city go along with the North Alameda County Detention Center as the new Police Headquarters building was predicated on this -facility's being built. He stated the only detention facility scheduled to be placed within the Police Building was a "soft" holding cell which was not designed to be used as a Municipal Jail, and Supervisor Cooper had asked for comment on an alternate proposal of building ten to twenty community detention facilities to be scattered throughout Northern Alameda County. Councilman Sherratt commented on the Council's effort over a number of years to keep the Municipal Court facility within the He stated this had brought a cost savings to the Police Department in transportation and time, and it was a convenience to have the Court within the community. He asked to what extent the County Board cf Supervisors might be willing to invest to purchase a site to house both the Municipal Court and a community detention facility. He said he would agree with the recommendations of the City Manager's report as he did not believe the city could change its plans for the Police Building which was under construction. The Council concurred. Councilman Peckam moved approval of the City Manager's report with the direction that the recommenda- tions therein be transmitted to Supervisor Cooper. The motion was seconded by Councilman Diament and on voice vote carried unanimously. 3. From 28 residents of the 3200 bloock of Madison Street requesting' a portion of Madison Street be closed to through traffic. The President declared the request be referred to the Traffic Advisory Committee for report and evaluation. Ms. Linda Pritchard, 3263 San Jose Avenue, presented a petition signed by 25 residents of the 3200 block of San Jose Avenue. requesting their street be made into a cul-de-sac adjacent to the new Lincoln School. She noted previous petitions had been submitted and asked permission to present additional signatures in the future. 4. From 104 residents requesting' establishment of a skateboard facility. President Corica reported the question cf a skateboard facility had been referred to the Recreation Commission for study and report; that the Recreation staff had been looking into the issue and had viewed commercial skateboard establishments recently opened to the public in Southern California. He said it was expected the Commission recommendation would be made at its meeting of April 14, following which it would be transmitted to the Council for their information and possible action. 5. From Shaw & Lunt, signed by Mr, John Banni, Jr„ President, concerning the Design Review Board; and from Mr. John Barni. Sr. President Corica noted a report from the Design Review Board also addressed the issue. It was the consensus of the Council that all items be considered at this time. Councilman Hurwitz referred to a comment in the communication from Mr, Barni, Sr. and asked the Planning Director i f it were true the Design Review Board was telling residents what color to paint their houses and roofs. Mr. Patterson stated a Building Permit was not required to paint an existing house: however under new construction, the contractor or applicant was requested to submit information on building materials and colors for roof construction only. He noted a Building Permit was required to roof a house, and if the applicant's plan was to replace a roof with the same material, a permit was automatically issued. President Corica disputed Mr. Patterson's statement and cited incidents in his immediate neighborhood where residents had experienced difficulty in obtaining permits because of a change in color, President Corica again expressed his strong concern for the necessity of a Design Review Board. He suggested a one year moratorium be placed on the Board, following which a review would be made to ascertain if it had an adverse effect on the city. He stated this would give the Board time to work out their manual and allow for citizen input. Councilman Hurwitz stated it was his opinion some type of control was needed. Councilman Sherratt said he would agree to some extent with President Corica, however he thought all Boards and Commissions deserved and should have a review by the Council and the public at large periodically. As to the suggested moratorium, he referred to the Annual Report recently sent out by the Design Review Board, which he said, he had not as yet had an oporrtunity to read, and to the Board's request for public input and hearings on the updated manual, and said he thought they should be afforded the opportunity to continue that process. He noted the Board had recently written to all persons who had dealt with the Board requesting that they complete an evaluation questionnaire, and it was his opinion the Board realized there were problems and were attempting to correct them. Councilman Beckam reported the Board had been established for several reasons, one of which being a reaction to what had been previously built; also the 1968 survey showed a predominant number of people in the city wanted such a Board and the 1968 General Plan still contained the recommen- dation that an Architectural Review Board be established. He said he would agree with Councilman Sherratt that the Council needed more information before a Final decision was made; that perhaps the Board should be given guidance and criteria by which it shou7d operate, and suggested a committee composed of President Corica and the City Manager sit down with the Board and give it guidance, Councilman Diament said her concern was for the individual home owner and regardless of the survey and Goals Study, she did not think many of the individual home owners were aware of the existence of the Board until they came up against it and did not know how to organize to protect thmmselves. Also, she said, she did not feel business should be discouraged in any way by rules which they did not feel they could conform to, and everything possible be done to encourage new business to locate in Alameda and old business to rejuvenate itself, She stated she would support the idea of a hearing or another joint meeting with the Council. Mr. Al Schmidt, owner of Centennial Realty, reported he had applied for a sign approval for his business in January. He stated he had been well treated by the Board and had no complaints, however he disputed a statement contained in Chairman Tuchsen's report to the City Council that the Board had not dictated sign size or color specifications, and said they had done so. He stated ne thought the Board had probably been right in its decision as he though the sign looked fine and he was appreciative of their assistance. He said he felt there was a need for a Design Review Board, but suggested guidelines be set. Mr, Robert Smith, 3530 Magnolia Drive, reported he was a contractor and it was his opinion the people of the city did not want a Design Review Board, He repeated remarks which he had addressed to the City Council cliprior occasions, and strongly urged the Council to disband the Board. Mrs, Inez Kapellas, 1128 College Avenue, suggested neighborhood contact when changes were to be made, She stated she supported the concept of a Desion Review Board, however felt the area of control should be specified and they should be limited tc structural alterations and roofs should be exempt. Mr. Robert Wood, 3150 Phoenix Lane, also expressed his support for a Design Review Board. He said he had attended many of the Board meetings and felt the Board had acted well and fairly, and in the best interests of the community. Mrs. Ella Waterbury, 338 Beach Road, repeated her experiences with the Design Review Board. She said she felt her individual rights as a home owner were being taken away and the Building Code restrictions were adequate. The following persons also spoke or the issue: Dr. Jay Garfinkle, 3105 La Campania; Dr. Robert Brewer, 1919 Pacific Avenue; Mr. Byron Stumbo, owner of Byron's Home Real Estate, Park Street; Mr. John Sarni, Jr.; Mr. Jack Dickson, 911 Grand Street; Mrs. Josephine Bixler, 814 Haight Avenue; and Mr. Gerhard Degemann, member of the Design Review Board. At the conclusion of discussion, Councilman Sherratt moved acceptance of the report of the Design Review Board and recuested a report be submitted on the quettionnaire survey being conducted and other pertinent material, The motion was seconded by Councilman Beckam and on roll call carried unanimsously. President Ccrica suggested the requested report be transmitted for consideration at the next regular meeting, There was no comment from Council members on this suggestion. 6. From the League of Women Voters of Oakland, signed by the President and Alameda Local Govern- ment Chairman, urging the shoreline of Bay Farm Island be preserved for public access. President Corica noted the Planning Board had concurred with prior action taken by the City Council favoring a continuous open band for public access on the perimeter of Bay Farm Island, Mrs. Helen Freeman stated she was concerned about who would end up taking care of the Reclamation District's retention. She referred to an agreement between either Utah Construction Company, the Reclamation District, or Harbor Bay Isle, or all of them in which BCDC had been given jurisdiction over the 100 foot strip around the Harbor Bay Isle development, She said she thought the minutes of that meeting and the agreement would be important to have. She stated she had leaned, second hand that BCDC would like them to put that retention into some public agency, and she thought the proper agency should be Reclamation District No, 2087, She suggested the Council request a copy of the agreement, She elaborated on the duties and powers of the District. President Corica reported ongoing discussions had been held with the developer and it appeared there would be adequate access to the complete shoreline. 7. From Mr. Joseph M. Sullivan, 3221 Liberty Avenue, supporting a documentary transfer tax. President Corica recalled the opposition which had been expressed by the Board of Realtors when a documentary transfer tax had first been proposed. He suggested an attempt be made to meet with the Board of Realtors and discuss the issue again an effort to reach agreement or compromise, and offered his services in this respect. Councilman Sherratt expressed his agreement with the proposal, He noted any moneys received from a transfer tax would be earmarked for capital improvements and tie into a review of the Capital Imorovement Program, and he thought this was something the Council should request staff to consider in the very near future. Mr. Sullivan referred to the unfunded projects listed in the 1976-78 Capital Improvement Program, and the statement that there were a substantial number of capital projects estimated, two years prior, to cost more than $9,000,000. He noted some of these projects were the Library, South Shore beach erosion, Corporation Yard and sewers. He aggested they could he funded from an increased documentary transfer tax which, he alleged, had not been fairly presented to the people at the time cf its initial proposal. Following a brief discussion, it was the consensus of Council thet President Corica be authorized to ccntact the Board of Realtors. 8. From Mr. Robert Duncan Nicol requesting a revocable permit to encroach into the public right of way for the building located on property lines on the corner of Pacific and Chestnut, known as 1919 Pacift Avenue. (Owner - 0r. and Mrs. Robert Brewer) On question, the City Engineer reported his department had no objection to the issuance of the permit. Councilman Sherratt moved the necessary document be prepared to allow the revocable encroachment permit, as requested, The motion was seconded by Councilman :I:lament and carried unanimously on voice vete. 9. From Mr. Lars R. Lind, 3260 Briggs Avenue, requesting a revocable permit to encroach into the public right of way for the construction of a fence in front of the above described property. The reouest was referred to the Engineering Department for evaluatioland report. A ten-minute recess was called. Upon reconvening, the meeting continued with the regular order of business. HEARINGS: 10. In the Matter of an Orcinance authorizing execution of an Annexation Agreement between the City cf Alameda and the City of Oakland, acting by and through its Board of Port Commissioners. The Clerk reported the Affidavit of Publication of the Notice of Hearing was on file, President Corica stated one of the provisions of the Agreement would be the annexation of property to the City of Alameda which would make possible the development of City Line Road; that as a con- sideration for this and other provisions, it was proposed to deannex to the City of Oakland certain property already owned by them in addition to tidelands leased to the City of Oakland by the City of Alameda. He stated the transfer of the tidelands would not change their status or limitations on their use, and the transfer would still have to go before the Local Agencies Formation Commission for approval. He called upon the City Attorney to explain the issue, City Attorney Stroud reviewed the Settlement Agreement which had been previously entered into by both cities and the owner of the Harbor Bay Isle development. He stated that in that agreement they attempted to resolve all of the issues which might arise; that one of the items involved the trans- fer to the City of Oakland of the property essentially impacted by the end of Runway 29 of the Oakland Airport, most of it being under water: that both the City of Alameda and the Port were interested in an access route to the area on the south side of the highlands of Bay Farm Island. He said these concerns were being resolved by the transfer of land next to the GolfcCourse on which to put City Line Road and annexing that to the City of Alameda and transferring land now owned and leased by the Port of Oakland to the City of Oakland. He stated there was specific legislation which permitted the change of trusteeship with Oakland of the involved tidelands, which would still be subject to the same state and federal restrictions and BCDC controls. He said the maintenance of City Line Road would be provided for on a sharing basis, the Port would continue to pay the present level of property tax on the land being annexed, and the preferential runway treatment would become a contractural matter between the Port and the City of almeda. He stated the Port and the city were mutually pursuing federal funds for the construction of City Line Road which would cost appooximately $1,500,000. Mr. Stroud announced that Mr. Tom Clark of the Port's legal staff was in the audience and available to answer questions. The President declared the hearing opened. On the call for proponents, Mrs. Ella Waterbury asked questions concerning the proposed City Line Road. She expressed her support of the propal, On the call for opponents, Mrs. Inez Kanelias questioned portions of the Settlement Agreement and Annexation Agreement, the transfer of title and future use of tide and submerged lands, and alleged the city was receiving insufficient compensation in return for what it was giving up, Mrs. Helen Freeman stated her concern was with the possible loss of revenue, alluded to the possibility of the transferred land's being filled and developed at some future date, and asked why the Port of Oakland wished to own the land instead of leasing it. City Attorney Stroud stated he had in his office a copy of the Master Plan for the development of the Oakland Airport for the next ten years and there was nothing planned for the area under discussion which would generate revenue. He further reported the State Lands Commission had approved the transfer of Trustees, Other questions asked by Mrs, Kapellas and Mrs. Freeman were answered by President Corica, City Manager Goss and the City Attorney, Mr, John Barni, Jr. questioned the zoning of the Port-owned property within the city whch was above tidelands. He stated he was concerned with the loss of the policing powers which the city had at the present time and whatever fees possible were generated from the development of that land which did not need to be filled and was ready and developable, Mr Tom Clark, Deputy Port Attorney for the Port of Oakland, reported the Agreement did not provide for the transfer of all of the property now leased from the City of Alameda, but only that portion nearest the end of Runway 11-29 was involved which was involved in the Port's operation of the Airport. He said it was practically impossible for the Port to fill or develop any portion of the land involved in the transfer; that in a legal sense it was probably technically impossible for the Port to do so, but in a practical sense he did not believe this would ever happen as it was not in any Port plan and never had been. He stated the land was in no way feasible as water terminals, as the cost of dredging alone was astronomical and other sites were available in the Estuary. As to the lands discussed by Mr. Barni, he stated there were about 270 acres now owned by the Port of Oakland within the City of Alameda which would be detached and annexed to the City of Oakland. He said the plans which the Port has are indefinite, were included in the most recent draft of the Port's Airport Master Plan and provided essentially what the City of Alameda would ncw allow by its zoning. He noted that in the Settlement Agreement which has been executed in July, 1976, the Port of Oakland had stated quite clearly that it had no intention of putting any runways in that area and if it were developed, it would probably be some type of commercial development consistent with the operation of the air terminals. The City Manager remarked the main access to the property being proposed for annexe& to the Port of Oakland would be over the City Line Road which, in the terms of the agreement, would be entirely within the City of Alameda who would have control of the circulation system. The President declared the hearing closed Councilman Hurwitz stated it was his opinion the city had more to gain than to lose from the Agreement, mainly the making of a contractural agreement out of the Port's promise to keep the jets and training flights off of Runway 27, and the importance of City Line Road which would benefit the residents of Ray Farm Island and the city as a whole. Ccuncilmar Diament stated she had given the entire issue serious consideration and felt the Council should rely on the expertise of ssff in the matter. Councilman Hurwitz moved the Ordinance for Introduction and Resolution be taken out of order. The motion was seconded by Councilman Beckam and on voice vote carried unanimously. ORDINANCES FOR INTRODUCTION: 11. "Ordinance No. 1861, New Series Authorizing Execution of an Annexation Aareement Between the City of Alameda and the City of Oakland, Acting by and through its Board of Port Commissioners." Councilman Beckam moved the ordinance be instoduced and passed as an urgency ordinance, as submitted. The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Five, Noes: None. Absent: None. RESOLUTIONS: 12. The following resolution was introduced by Councilman Hurwitz who moved its adoption: "Resolution No. 8688 Resolution Consenting to the Detachment of Certain Territory from the City of Oakland and Consenting to the Annexation Thereof to the City of Alameda (City Line Road)." The motion to adopt said resolution was seconded by Councilman Beckam 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: 13. From the Planning Board, signed by the Secretary, transmitting their general consensus for preservation of a continuous open space perimeter around Bay Farm Island. Councilmen biament moved acceotance of the report, seconded by Councilman Hurwitz and carried by unanimous voice vote. President Corica remarked the position of the Planning Board also reflected the position of the City Council, 10. From the Planning Board, signed by the Assistant Secretary, submitting recommendations on amendments to Adult Entertainment Activity provisions of the 7oning Ordinance, The hearing on this matter was set for April 19, 1977, 15. From the Planning Board, signed by the Secretary, making recommendation o n reclassification from M-2, General Industrial District, to M-2-G, General Industrial, Government owned or controlled District for the U.S. Naval Reserve Training Center located at 2144 Celement Avenue. The hearing was set for April 19, 1977. 16. From the Planning Board, signed by the Secretary, submitting recommendation on Parcel Map No. 2119, a two-lot parcelization filed by Dana Estates Land Company for property located at 1526 and 1518 Webster Street. (Security Savings ana Loan and Asian Grocery Store. Councilman Beckam moved approval of the recommendation, subject to the conditions and based on the findings set out in the report, and the resolution be taken out of order. The motion was seconded by Councilman Sherratt and on voice vote carried unanimously. RESOLUTIONS: 17. The following resolution was introduced by Councilman Diament who moved its adoption: "Resolution No. 8689 Approving Parcel Map No. 2119 for Division of Property located at 1518 and 1526 Webster Street, Alameda, California, Permitting Recording Thereof and Finding Said Parcel Map Consistent with City's General Plan (Dana Estates Land Company - Subdivider)," The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the following rcll call vote. Ayes: Five. Noes: None, Absent: None, The meeting returned to the regular order of business, REPORTS AND RECOMMENDATIONS: 18, From the City Manager concerning Auditor-Assessor and Treasurer-Tax Collector salaries. Councilman Sherratt moved adoption of the recommendation of the report and the resolution be taken out of order. The motion was seconded by Councilman Beckam and carried unanimously on voice vote. RESOLUTIONS: 19. The following resolution was introduced by Councilman Beckam who moved its adoption: 'Resolution No, 8690 Amending the Salary Resolution No. 8552 Relating to Compensation For and Positions of Officers and Employees of the City of Alameda (Auditor-Assessor and Treasurer-Tax Collector)." 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: 20. From the City Manager regarding the Master Agreement win Cal Trans for Patton Way. President Corica stated this report would be held over peninding receipt of additional information. 21. From the City Manager regarding disposition of the Otis-Rosewood Way property. Councilman Sherratt moved adoption of the recommendations of the report and the resolution be taken out of order. The motion was seconded by Councilman Hurwitz and carried unanimously on voice vote. PESOLUTIONS: 22. The following resolution was introduced by Councilman Beckam who moved its adoption: "Resolution No. 8691 Authorizing Execution of Agreement to Exchange Real Property Between City and Harbor Bay Isle Associates (Otis Drive Property and HBI Park)." The motion to adopt said resolution was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. The meeting returned to the regular order of business, REPORTS AND RECOMMENDATIONS: 23. From the City Manager reporting all work satisfactorily completed on the project of the construction of the Access Road to Lincoln School, recommending it be accepted and the Notice of Completion ordered filed. Councilman Beckam moved acceptance of the project and the Notice of Completion ordered filed. The motion was seconded by Councilman Hurwitz and carried unanimously on voice vote. 24. From the City Manager recommending approval of the Final Map for Tract No. 3634, Neighborhoods 1 and 2 of Village 1, Harbor Bay Isle. President Curica stated this report would be held over pending additional information. 25. From the City Manager recommending rejection of the sole bid for the McKinley Park Restroom Remodeling and requesting authorization to readvertise the project, Councilman Beckam moved rejection of the sole bid for the project and authorization be given to readvertise with sealed bids to be received until the hour of 11:00o'clock am„ on April 22, 1977. The motion was seconded by Councilman Sherratt and on voice vote carried unanimously. 26. From the City Manager recommending award of bid to F. Morton Pitt Company, lowest and best bidder, for furnishing to the City for Police use 71 revolvers, Councilman Hurwitz moved acceptance of the report and award of bid to F. Morton Pitt Co., said award not to exceed the sum of $9,448.85. The motion was seconded by Councilman Beckam and carried unanimously on voice vote. 27. From the City Manager concerning applications for Grant Funds under the Roberti-liTerg Open- Soace and Recreation Program, Ccuncilmar Beckam moved acceptance of the report and recommendations and the resolutions be taken out of order, seconded by Councilman Sherratt and carried by unanimous voce vote. RESOLUTIONS: 28. The following resolution was introduced by Councilman Hurwitz who moved its adoption: "Resolution No. 8692 Approving the Application for Grant Funds Under the Roberti-7'berg Open-Space and Recreation Program (Block Grant Program)." 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. 29. The following resolution was introduced by Councilman Beckam who moved its adoption: "Resolution No. 8693 Approving the Application for Grant Funds Under the Roberti-Z'berg Open Space and Recreation Program (Need Basis Grants)." The motion to adopt said resolution was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Five, Noes: None. Absent: None. The meeting reverted to the regular order of business. UNFINISHED BUSINESS; 30. Consideration of following items brought up under New Business" at regular meeting of March 15. 1977: (a) Request by President Curica for preparation of resolution expressing objection to Federal rediuirement that ballot materials be printed in other than the English language. Councilman Ceckam moved the resolution be taken out of order, seconded by Councilman Hurwitz, and carried unanimously on voice vote. RESOLUTIONS: 31. The following resolution, as amended, vies introduced by Councilman Hurwitz who moved its adoption: 'Resolution No, 8694 Expressing Objection to Federal Requirements that Ballot Materials Be Printed in Other than the English Language." et 4, ?..7 $ 1 6 The motion to adopt said amended resolution was seconded by Councilman Beckam 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: 31. (b) Proposal by President Corica to establish Mayor's Committee to investigate the feasibility of a Community Fourth of July parade, President Corica stated he had assumed from comments made at the time the subject was originally brought up that his proposal had been approved. He had, therefore, appointed the collowino named persons to the Committee: Chairman William McCall, William Trujillo, Terry LaCroix, Jr., Don Oranski, William Thomas, Brent Ryder, Ken Kofman, Douglas Durein, Linda Pritchard, Robert Mowery Vivian Bailey and Ruth Drossel. He stated the Committee was already at work on the project. Councilman Diament suggested that members of the military services be included on the Committee. President Corica stated they were in theprocess of being contacted, Councilman Beckam moveo approval of the list of names, and that any funds necessary for fireworks he donated. The motion was seconded by Councilman Sherratt and on voice vote carried unanimously. President Corica reported funding was discussed at great length and the Committee was advised funds would nct be available for much more than possibly policing the event. He said the Committee had agreed to this ard would proceed to raise funds in some other manner. NEM BUSINESS: 22, Councilman Diament commented on a pilot program initiated by the Latham Foundation, Animal Rescue and Control, and Fernside Sanitarium to take animals to visit incapacitated elderly persons and Meals on Wheels recipients. She requested a resolution be prepared for the next meeting indicating approval of the City to sponsor. 33. Councilman Diament asked what happened to the proposal to consolidate the General Municipal Election with the Peralta College District Election. The Clerk reported State legislation effective January 1, 1977, had preempted the Charter Amendment which would have permitted consoli- dation. Councilman Diament suggested the State be requested to consolidate all elections. The City Attorney was requested to explore the matter more fully. 34. Councilman Sherratt referred to a communication received from the City of San Mateo concerning 1977 Regional Transportation Plan revisions, and suggested they be endorsed by the City Council. It was directed all items brought up under New Business" be placedon the agenda of the next meeting under "Unfinished Business" for consideration and discussion. RESOLUTIONS; 35, The following resolotion wes introduced by Councilman Beckam who moved its adoption: "Resolution No. 8695 Approving Conflict of Interest Codes For: Recreation Commission; Housing Authority and Planning Board." 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. 36. The following resolution was introduced by Councilman Beckam and he moved its adoption: "Resolution No. 8696 Adopting by Reference Government Code §15000-15192 of the State of California, 'State EIR Guidelines', with Amendment, Adoptions and Deletions Thereto, Providing Principles, Objectives, Criteria and Definitions for the Implementation of the California Environmental Quality Act of 1970." The motion to adopt said resolution was seconded by Councilman Diament and carried on the followinc roll call vote. Ayes: Five. Noes: None. Absent: None, 37. The following resolution was introduced by Councilman Sherratt who moved its adoption: "Resolution No. 8697 Declaring Copies of the Uniform Building Code, 1976 Edition, Placed on File with the City Clerk to be Public Records: Setting the Time and Place of Public Hearing en the Adoption of Said Code by Reference and Directing Publication of Notice of %id Hearing." 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 Beckam who moved its adoption: 'Resolution No. 2695 Declaring Copies of the National Electrical Code, 1976 Edit6on, Placed on File with the City Clerl, to be Public Records: Setting the Time and Place of Public Hearing on the Adoption of SAid Code by Reference, and Directing Publication of Notice of Said Hearing," The motion tc adopt said resolution was seconded by Councilman Diament and carried on the following roll call vote: Ayes? Five, Noes: None. Absent: None. 39. The following resolution was introduced by Councilman Hurwitz who moved its adoption: "Resolution No, 8699 Declaring Copies of Uniform Fire Code 1976 Edition, Placed on File with the City Clerk to be Public Records; Setting the Time and Place of Public Hearing on the Adoption of Said Code by Reference and Directing Publication of Notice of Said Hearing." 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. President Borica reported the hearing date for the previous three items had been set for April 19, 1977. Councilman Sherratt requested staff transmit a letter on the subject to the adoption of the above Codes tc the State office of Housing and Community Development. The President declared the foregoing Resolutions adopted, INTRODUCTION OF ORDINANCES: 40. 'Ordinance No. 1862, New Series Amending Ordinance No, 1082, N.S. by Amending Section 14 Thereof Relating to the Pension System of Members of the Police and Fire Departments of the City of Alameda Entering Service After January 1, 1953." Councilman Hurwitz moved the ordinance be introduced and passed as submitted as an urgency ordinance. The motion was seconded by Councilman Sherratt and carried an the following roll call vote, Ayes: Five. Noes: None, Absent: None. 41. "Ordinance No. New Series Amending the Alameda Municipal Code by Amending Section 2-313 Thereof to Reduce Number of Members of Recreation Commission Necessary to Take Action." The motion was seconded by Councilman Diament and carried on the following roll call vote. Ayes: Five. Noes: None, Absent: None. ORDINANCES FOR PASSAGE: 49. "Ordinance No. 1863, New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, N.S." (R 77-3) Councilman Diament moved the ordinance be passed as submitted, The motion was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Five, Noes: None. Absent: None. BILLS: 43, An itemized List of Claims and Supplemental Listing of Claims against the City of Aalmeda and the Departments thereof in the total amounts of $231,484,01 and $37,699 respectively, was presented to the Council at this meeting. The Lists were accompanied by certification from the City Manager that the claims show; were corrects. Councilman Beckam moved the bills as itemized in the List of Claims and Supplemental Listing of Claims filed with the City Clerk on April 5, 1977, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote. ORAL COMMUNICATIONS, GENERAL: 44. Mr. Alec Gould, 612 Waterfall, suggested that adjacent property owners be notified when a sale or exchange of a parcel of city-owned property is in one particular area of the city is under consideration. He referred specifically to the exchange of property at Otis Drive and Rosewood Way, and stated he had had no knowledge of the matter until the previous day. City Manager Goss offered an explanation of the exchange, and President Corica noted the exhange had been publicized. Mr. Dennis Skiles, 2050 Buena Vista Avenue, stated the area had teen posted with signs and residents living within a 250 foot radius of the area had been notified by mail when the parcel had been the subject of a rezoning hearing. 45. Mrs. Josephine Bixler commented on the present method of mailing agendas and minutes of Council, Board and Commission meetings. She stated she had been receiving the agenda and minutes of Council meetings and asked if she could receive these also from the Design Review Board, Historical Advisory Commission, Planning Board, and other Boards. Planning Director Patterson reported the question had been previous raised and they had reviewed the lists of persons receiving the items. He stated there wre approximately 86 people on the list, some living out of town, and questioned the usefulness of mailing agendas and minutes because of the increased cost of postage. He said he felt that perhaps interested persons could pick up the items as they were available in the Planning Department office, and reported they did mail to governmental agencies, City Manager Goss suggested this subject be discussed at the time of budget consideration. 46. Mrs. Louise Burton, 1021-A Parrot Avenue, complained of the treatment she and her family had received from the Housing Authority in connection with their contemplated eviction. FILING: 47. Annexation Agreement between City of Alameda and City of Oakland acting by and through its Board of Port Commissioners. 48. National Electrical Code, 1975 Edition. 49. Uniform Building Code, 1976 Edition. 50. Uniform Fire Code, 1976 Edition. 51. Bureau of Electricity Financial and Operating Report for seven months ending January 31, 1977. 52. Agreement between Harbor Bay Isle Associates and City - re Exchange of Real Property. 53. Councilman Sherratt moved the Council retire to executive session for a discussion of litigation and personnel matters. The motion was seconded by Councilman Diament and carried unanimously on voice vote. After a five-minute recess, the Council reconvened in the Conference Room of the City Hall. At the conclusion of discussion, it was determined no action would be taken at this time. ADJOURNMENT: 54. There being no further business to come before the meeting, the Council adjourned at 11:55 o'clock p.m. to assemble in regular session on Tuesday, April 19, 1977, at 7:30 o'clock p.m. Respectfully submitted, City Clerk