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1977-05-24 Regular CC Minutes339 ADJOURNED REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - - May 24, 1977 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 J.C. Meagor, Jr., Pastor of the First Baptist Church. ROLL CALL: The roll was called and Councilmen Beckam, Diament, Sherratt, Tillman and President Corica (5), were noted present. 1. At this time, President Corica presented to former Councilman Hurwitz an inscribed bronze medallion bearing the official seal of the City cf Alameda, in appreciation of his service. Councilman Hurwitz stated it had been his pleasure and privilege to represent the citizens of the community during his term of office, and offered his services in any capacity in the future. MINUTES: 2. The minutes of the special meeting of the Board of Equalization held April 5, 1977, regular meetings of the City Council held April 19 and May 3, 1977, and special meeting of the City Council held April 26, 1977, were approved as submitted. Councilman Sherratt abstained from voting on approval of the minutes of May 3 as he had not attended the meeting. WRITTEN COMMUNICATIONS: 3. Presentation by representatives of County Planning and Alameda County Flood Control District concerning the M8 Environmental Management Program being conducted by ABAG. Mr. Gary Shawley of the Alameda County Flood Control and Water Conservation District thanked the Council for this opportunity to present the plan. He stated implementation would affect every city and special district within the county, and requested that the Council appoint an individual and alternate to serve on the Citizen Participation Committee. He noted the emphasis of the plan, which ABAG was drafting with the cooperation of county and local agencies was to develop an overall plan to clean up and preserve the Bay Area's environment, and was financed through a $4.3 million dollar grant from the Environmental Protection Agency. He stated the preliminary plan was due in September, 1977, with the final plan being due in June, 1978. Supplementing his remarks with a slide presentation, Mr. Shawley reviewed the plan in detail. Specifically, he said, the Environmental Management Program would produce measures to better manage surface runoff; industrial discharges; municipal wastewater discharges; water conservation, reuse and supply; and other miscellaneous sources of water pollution, air quality and solid waste. He commented on the Environmental Management Task Force which had been created to guide policy during preparation of the plan, and consisted of 45 members, the majority being local elected officials. In addition, he said, membership also included business, labor, environmental and other special interests, and most recently Vs. Joyce Leclaire, Councilwoman from Pleasanton, had been added to the Task Force. He noted Mr. Jack Lindley, Project Engineer with the Flood Control District, was also present to answer questions. Councilman Diament asked how closely they were working with the County Solid Waste Commisgbn. He replied the solid waste plan which had been presented in the past by the County was being integrated as a regional plan through ABAG, and was one of the major elements being focused into the regional concept. President Corica noted the Alameda County Solid Waste Management Authority was seeking an enforcement agency so it could operate. He stated that inasmuch as their policy plan had already been sent to Sacramento and reviewed, he asked what plans the Environmental Management Program had for setting up a regional task force tb review the solid waste plan. Mr. Lindley said he had no answer at this time but would secure the information requested. Councilman Beckam asked Mr. Lindley if his agency would be reviewing the Super Sewer which would have an outfall into the San Francisco Bay. Mr. Lindley stated they would not review that project. 4. From the Alameda Count' Admission Day Celebration Committee, signed by Mr. Richard F. McCarthy, concerning their previous request for an appropriation to help defray expenses of "Admission Day - 1977". The communication was referred to the City Manager for consideration in connection with the annual budget. 5. From Mr. Abe Kofman, Publisher, Alameda Times-Star, inviting City participation in the 1977 Progress Edition. President Corica noted the theme of the edition would be the Grand Reunion of Alameda High School and would be published on June 25, 1977, with a deadline of June 11 for receipt of material. Councilman Tillman stated he had personally contacted Mr. Kofman and had asked if the 4th of July Parade might also be publicized in the edition. He commented on the excellence of the previous year's Progress Edition which had incorporated the July 4th Bicentennial Celebration, and said he would recommend the City participate and continue to do so on a yearly basis. He said he would so move, if there were no objection. He suggested the material placed in the June 25th edition might also appear in the July 4th edition, and that Mr. Kofman had expressed some interest in this. 340 Councilman Sherratt recalled that the previous year a half page ad tad been taken out and had incorporated the parade route. He asked Councilman Tillman if he were suggesteding a $3,000 expense for this year's advertising, and noted no funds had been budgeted for this. Councilman Tillman stated he would recommend a $3,000 expenditure; that it had been his thought the advertising could be placed in a split edition, part on the June 25th printing and again in the July 4th edition. Councilman Sherratt questioned the availability of staff time to put the material together. President Corica said he thought the City should participate, however Mr. Kofman was suggesting a six-page ad for $3,000, and he did not believe staff had the time to gather and compose sufficient material for this size ad; that he would recommend limited participation in the Progress Edition. Councilman Tillman questioned the cost of the City Newsletter which was put out on a quarterly baiss. Assistant City Manager Creagh replied the total cost per year was $2,500; that each issue inviolved between 27,000 and 28,000 copies and these were sent out with Bureau of Electricity mailings. In addition, he said, approximately 1,000 copies were distributed to the on-base and off-base Naval Housing tenants and to Housing Authority tenants. Councilman Beckam stated he would agree with Councilman Tillman's idea of the split issue coverage of the July 4th celebration and the Alameda High School reunion. He said he thought the school district should also be involved. At the conclusion of disussion, Councilman Beckam moved the City Manager be instructed to negotiate with the School District for participation in the cost of the tabloid edition; that the edition be a split edition insofar as the City is concerned between the reunion and the July 4th period, and that City participation not exceed $1,000. The motion was seconded by Councilman Sherratt and carried by unanimous voice vote. The City Manager was requested to submit a report on the negotiations for the next regular meeting of the City Council. 6. From Mr. John Barni, Sr., 1438 Park Street, regarding the tax rate. President Corica reported Mr. Barni was looking for ways to cut the operating costs of the City, and any suggestions which he or anyone else might have would be welcomed. 7. From Mr. Hi Akagi submitting resignation as member of the Social Service Human Relations Board. President Corica noted Mr. Akagi had served as one of the first members of the Community Relations Commission, had remained as a member of thanewly formed Social Service Human Relations Board, and was resigning because of his involvement in other community and state activities. Councilman Diament moved Mr. Akagi's resignation be accepted with regret. The motion was seconded by Councilman Beckam and on voice vote carried unaimously. 8. From Mr. Nicklaus Cabral submitting resignation as a member of the Social Service Human Relations Board. President Corica reported Mr. Cabral was resigning as he was returning to school, however had expressed his willingness to serve the community again in the future. Councilman Beckam moved Mr. Cabral's resignation be accepted with regret. The motion was seconded by Councilman Sherratt and carried unmimously on voice vote. 9. From the Elks Lodge, signed by Mr. W. M. McCall, Flag Day Chairperson, extending an invitation for the Flag Day ceremonies. President Corica invited the public to participate in the porgram which would be held on June 14, 1977. 10. From Mr. James Bustos, 1441 Sherman, proposing Bicycle Moto-Cross Course. President Corica stated Mr. Bustos was proposing that an area near the Golf Course be utilized for a Bicycle Moto-Cross Course. Councilman Sherratt noted the Cities of San Leandro and Hayward had recently made space available for a similar program which was operated by non-profit organizations. He stated this was not a program involving motorcycles or motorized bicycles, and he would recommend the City become involved in the program if adequate space could be fougd. He said he would like to see staff follow up on the proposal and come back with a report at their earliest convenience. The communication was referred to the Recreation Commission for review and report. 11. From Save Our Shoreline, signed by Mrs. Leora Feeney, recommending a continuous band of not less than 100-feet wide from mean high tide all along the Bay Farm Island Shoreline. President Corica stated many questions had been raised cn the subject and a presentation of the developer's perimeter plan was scheduled for the Council meeting of June 7, 1977. 341 Mrs. Feeney requested and received permission to read her communication aloud for the edification of the audience. In addition, she submitted petitions containing the signatures of approximately 1,100 residents, and other letters supporting the position of Save Our Shoreline. Councilman Diament asked the City Manager if BCDC had seen the developer's plan. Mr. Goss replied that to his knowledge, if they had it had only been at the staff level. He said it was his under- standing their Design Review Board would review the plan some time within the next month. Councilman Tillman requested preparation of an opinion as to who would be responsible for the perimeter of the complete plan. The City Manager noted the City Engineer was currently preparing a report on the subject. Mr. Robert DeCelle, 276 Beach Road, President of the Bay Farm Island Improvement League and Co- chairman of Save Our Shoreline, commented on the presentation made by the developer to the Planning Board and Recreation Commission, and referred to sections of the Subdivision Ordinance which would control development of the project. He suggested Councilman Sherratt withdraw from any decisions or discussion on the subject as he served as Executive Director of the Alameda Boys Club and the President of Harbor Bay Isle Associates was on its Boardof Directors. Councilman Sherratt stated he had consulted with the City Attorney and had been advised there would be no conflict of interest; that should he feel any decision on his part, on this or any other subject, would be a conflict of interest, he would zbstain from participation or voting. President Corica informed Mr. DeCelle that no decisions would be made by the Council at the June 7 meeting; that the developer's presentation would be made solely to inform the Council and the audience of their plans. Councilman Beckam requested the City Engineer's report be transmitted to the City Council in time for the June 7 meeting. REPORTS AND RECOMMENDATIONS: 12. From the Auditor-Assessor requesting cancellation of taxes on the Secured Property Tax Roll erroneously levied and collected. Councilman Beckam moved acceptance of the report and the resolution be taken out of order, seconded by Councilman Sherratt, carried unanimously on voice vote. RESOLUTIONS: 13. The following resolution was introduced by Councilman Beckam who moved its adoption: "Resolution No. 8715 OrderingCancellation of Real Property Taxes Erroneously Levied." The motionto 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: 14. From the Planning Board, signed by the Secretary, submitting recommendation on the Imageability Study. Councilman Sherratt moved adoption of the report and the resolution be taken out of order, seconded by Councilman Beckam, carried unanimously on voice vote. RESOLUTIONS: 15. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8716 Approving and Adopting the Alameda, California Imageability Study as an Official Record and Policy Guide." The motion to adopt said resolution was seconded by Councilman Sherratt and motion to adopt was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. The meeting reverted to the regular order of business. REPORTS AND RECOMMENDATIONS: 16. From the City Manager regarding the REgional Crime Prevention Partnership Program. President Corica noted the city had already implemented the Good Rjghborhood Program and the recommendation of the City Manager and Chief of Police was for participation in the County Regional Crime Prevention Partnership Program. Councilman Sherratt moved acceptance of the report and the staff be instructed to pursue the recommendation of partial participation. The motion was seconded by Councilman Diament and on voice vote carried unanimously. 342 17. From the City Manager concerning the regulation of Bingo Games. President Corica reported the Police Department had been involved in developing a propsoed ordinance which had been reviewed by the City Attorney. He noted this would bring the city in conformance with the recent State constitutional amendment permitting the operation of bingo games for charity. Mr. Clarence Day, 1322 Broadway, a representative of the Senior Citizens Nutrition Program, noted that occasional bingo games were enjoyed by participants in the program, and no profits were derived. He asked that some provision be made to exempt them from paying the license fee set out in the ordinance and suggested a nominal fee be established to cover this particular type of organization. City Attorney Stroud reviewed the ordinance and, in particular, noted the Senior Citizens Nutrition Program would probably not be required to obtain a permit as they were not conducting bingo games as a means of raising money. At the conclusion of discussion, Councilman Sherratt moved acceptance of the report and the ordinance for introduction be taken out of order. The motion was seconded by Councilman Diament and carried unanimously on voice vote. INTRODUCTION OF ORDINANCES: 18. Councilman Diament introduced the follming ordinance after which it would be laid over under provision of law and the Charter: "Ordinance No. Amending the Alameda Municipal Code by Adding Article 3 to Charter 2 of Title XVI Thereof Defining and Regulating Bingo Games for Chartiy, Prescribing Penalty for Violations Thereof, and Relating to Citation Procedure for Violations." 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. REPORTS AND RECOMMENDATIONS: 19. From the City Manager regarding Cable Television. Councilman Tillman, who had requested the report, stated he would accept the City Manager's recommendation on the subject. Councilman Sherratt moved acceptance of the requested report which stated he would accept, motion seconded by Councilman Diament and carried unanimously on voice vote. 20. From the City Manager concerning Business License tax modification. President Corica noted that when the Business License tax had been modified, it had been agreed that it would be reviewed at the end of the first year; that it now appeared the gross receipts option for apartments had not produced the anticipated increase in revenues and was difficutt to administer, and it was recommended this option be deleted and the business license tax increased four times in the category of rentals. Councilman Sherratt questioned followup and endorcement procedure on business licenses. He said he believed there were persons doing business within the community who were operating without a license. City Manager Goss stated it was his opinion the City Treasurer's office was usually well informed of business operations throughout the City and, if appropriate under the ordinance, would follow through with the enforcement, Councilman Sherratt moved acceptance of the report and the ordinance for introduction be taken out of order, seconded by Councilman Beckam, carried by unanimous voice vote. INTRODUCTION OF ORDINANCES: 21. Councilman Beckam introduced the following ordinance after which it would be laid over under provision of law and the Charter: 'Ordinance No. New Series Amending the Alameda Municipal Code by Amending Section 13-1102 and Repealing Subsection (k) of Section 13-1105 Thereof, Relating to In Lieu License Fees." The motion was seconded by Councilman Diament 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: 343 22. From the City Manager reporting all work satisfactorily completed on the project of the construction of Arch Culverts at Pacific Avenue and Wood Street, recommending it be accepted and the Notice of Completion filed. Councilman Beckam moved acceptance of the project and the Notice of Completion be ordered filed, seconded by Councilman Sherratt and carried unanimously on voice vote. 23. From the City Attorney concerning the bonding requirement for structural pest control operators. Councilman Diament moved acceptance of the report and the ordinance for introduction be taken out of order. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote. INTRODUCTION OF ORDINANCES: 24. Councilman Diament introduced the following ordinance after which it would be laid over under provision of law and the Charter: "Ordinance No. New Series Amending the Alameda Municipal Code by Repealing Section 10-615 of Article 1, Chapter 6, Title X Thereof, to Remove Requirement that Structural Pest Control Operators File a Surety Bond with the City." The motion was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. The meeting reverted to the regular order of business. REPORTS AND RECOMMENDATIONS: 25. From the Planning Board, signed by the President, submitting recommendations concerning the future operation and jurisdiction of the Design Review Board. Councilman Beckam stated he would concur with the recommended modifications set out in the communication. He noted a number of persons who had gone to the DRB in the past had received invaluable service and advice for rather a low fee. He stated he understood the ordinance to he considered for introduction be modified to include that the Board would provide advisory service to owners of singlelamily homes when requested by the home owner. President Corica noted consideration of the Design Review Board would be discussed under "Unfinished Business". Councilman Sherratt moved acceptance of the report, seconded by Councilman Tillman and carried unanimously on voice vote. 26. From the Design Review Board, signed by the Secretary, submitting report on the performance of the Design Review Board. Councilman Sherratt moved acceptance of the report, to be discussed under "Unfinished Business". The motion was seconded by Councilman Tillman and on voice vote carried unanimously. 27. From the Recreatio Ccmmission, signed by the Secretary, transmitting recommendation on pilot program using solar energy at one of the City Swim Centers. Councilman Sherratt moved aceeptance cf the report and that it be referred to the Public Utilities Board for consideration. The motion was seconded by Councilman Diament and on voice vote carried. unanimously. 28. From the City Manager regarding park wells. President Cori �1 noted the Alameda Swimming Pool Associatim had requested approval to iristafl wells at the Lincoln and Franklin Park pools in an effort to conserve water, which they would finance. He reported no specific plan had been offered by the Associations. Frollowing a brief discussion, Councilman Sherratt moved acceptance of the report and that staff be directed to work with the Association and explore the feasibility of other wells. The motion was seconded by Councilman Diament and carried unanimously on voice vote. Mrs. Inez Kapellas, 1128 College Avenue, complained of the use of city water sprinklers on the open space area between High Street and Fernside Boulevard. The City Manager informed her the City was operating within its water allotment. 29. From the Social Service Human Relations Board, signed by the Secretary, regarding the proposed Cultural Event. President Corica reported the Board recommended and requested funding for the proposed Cultural Event in an amount up to, but not to exceed, $1,000. He stated the Committee hoped to be able to reimburse the city from donations received at the July 2, dance. Councilman Sherratt moved acceptance of the rpeort and approval of an allocation up to a maximum of S1,000 from the Contingency Fund. The motion was seconded by Councilman Diament and carried unanimously on voice vote. 344 30. From the Social Service Human Relations Board, signed by the Secretary, requesting referral of Social Service Human Relations matters to the Board. Councilman Diament suggested that any correspondence or notice of meetings involving the social field also be referred to the Board. She moved acceptance of the report, seconded by Councilman Beckam, and on voice vote carried unaniously. 31. From the City Manager submitting report on CETA Title VI Program. President Corica reported Councilman Sherratt had requested permission to abstain from voting on this jz as it had to do with funding for the Alameda Boys Club. Councilman Beckam moved acceptance of the report and the resolutions be taken out of order. The motion was seconded by Councilman Diament and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: None. Abstaining: Councilman Sherratt, (1). RESOLUTIONS: 32. The following resolution was introduced by Councilman Beckam who moved its adoption: "Resolution No. 8717 Authorizing Execution of Contracts with Alameda National Red Cross, Alameda Chapter; Family Service Agency of Alameda California; Marine Air Corps Reserve Training Detachment; United Pilipinos of Alameda and Alameda Boys Club, Relating to Administrative of a Comprehensive Manpower Program Under the Comprehensive Employment and Training Act of 1973." The motion to adopt said resolution was seconded by Councilman Diament and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: None. Abstaning: Councilman Sherratt, (1). 33. The following resolution was introduced by Councilman Beckam who moved its adoption: "Resolution No. 8718 Amending Salary and Position Resolution No. 855? by Adding Four (4) PSE I Positions, Nine (9) PSE II Positions, Five (5) PSE III Positions, and Five (5) PSE III - Specialists Positions (CETA)." The motion to adopt said resolution was seconded by Councilman Diament and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: None. Abstaining: Councilman Sherratt, (1). The meeting returned to the regular order of business. REPORTS AND RECOMMENDATIONS: 34. From the City Manager concerning bus shelters to be constructed and maintained by Harbor Bay Isle. Councilman Beckam moved acceptance of the report and the resolution be taken out of order. RESOLUTIONS: 35. The following resolution was introduced by Councilman Beckam moved its adoption: "Resolution No. 8719 Authorizing Execution of License Agreement with Harbor Bay Isle Associates for Installation and Maintenance of Bus Stop Shelters." 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. A ten-minute recess was called. Upon reconvening, the meeting returned to the regular order of business. UNFINISHED BUSINESS: 36. Consideration of Design Review Board. President Corica said that even though the Design Review Board had been subjected to a great deal of criticism, his main objection had been with their coverage of single family residences and the fact some home owners had felt very uncomfortable with the Board. He referred to the Planning Board report and their recommendation that the DRB, with modification, continue in existence. He said it was his opinion the Board should operate only in an advisory capacity to the Planning Board, which would be responsible for making a final decision; that he was in accord with the Planning Board's suggested modification that the DRB ordinate be amended to exclude all single family residences from DRS jurisdiction except for Use Permits, Variances and Subdivision or Planned Developments. He concurred with Councilman Beckam's earlier suggestion that the DRB provide an advisory service to single family homeowners apon request, as did Councilman Tillmaan. City Attorney Stroud stated this would be accomplished by changing Section 11-231 (d)(2) to apply to improvements to existing single family dwellings. Concerning President Corica's suggestion 345 that the DRB serve only in advisory capacity to the Planning Board, he explained this would be a totally different approach and would require that the DRB jurisdiction over building permits be eliminated and turned over the Planning Board and this would be drastic change in terms of workloads and procedures. There followed a discussion of design review prior to the passage of Measure A"; Mr. Stroud pointed out the Planning Board had no such function at that time. City Manager Goss said it was his understanding the DRB was advisory to the Planning Board on land use decisions; that in cases concerning a single commercial structure, sign, or something of a similar nature which did not basically involve a lard use decision, the DRB made the decision which was appealable directly to the Council. Planning Director Patterson expressed his agreement with this statement. He noted there were instances where there wasonly need to issue a building permit in which the Planning Board would not be involved; that by making the DRB advisory to the Planning Board in these instances, itmould add a step in the procedure. He noted circumstances under which the Planning Board might also refer matters to the DRB for an advisory opinion. Following further discussion, Councilman Sherratt suggested that upon an application being made for a building permit, the applicant be advised, in writing, by the Engineering Department that the DRB would provide advisory service to owners of single family residences upon request and upon payment of a fee, with no strings attached. Mr. Patterson recommended the material to be handed out be written in plain language which could be easily understood and not misconstrued. It was theconse nsus of the Council that they were in agreement with this suggestion and recommendation. Mrs. Ella Waterbury, 338 Beach Road, questioned whether she would have to apply for DRB review and approval should she wish to build a new house. She was advised by the City Attorney that this would be considered new construction and subject to review. Planning Director Patterson noted the Planning Department's survey revealed there were only about 65 vacant lots throughout the city which would be subject to this projevision. Mr. Robert Wood, 3150 Phoenix Lane, spoke in favor of a singla family residences remaining within the purview of the DRB. He stated he was also concerned with historical housing in the community and suggested, if the ordinance were changed as recommended, there would be nothing to stop the destruction of valuable historical housing. He referred to several publications which had recently commented on Alameda's heritage of historical homes and significant architectural landmarks. Mrs. Inez Kapellas, said it was her opinion the DRB function was extrendy important for the entire community, even in the control of existing single family dwellings. She suggested their review irclude single family residences which were not owner occupied, and which were of hisotircal sicnificance and should not be defaced for monetary gain. Mr. Lloyd E. Hurwitz, 3715 Oleander Avenue, expressed his agreement with Mrs. Kapellas' statement. Mr. John Beery, 2402 Mariner Square Drive, reported that in all instances when he had been before the DRB, he had been offered good advice and constructive criticism. He said his only criticism in working with the DRB and the Planning Board was the lack of specific guidelines and time limits, and would suggest that no item be considered until the application and accompanying materials was complete at which time a vote could be taken and the matter concluded. Mr. Archie Waterbury, 338 Beach Road, said it was his opinion the DRB was merely another layer of government; that he felt when he complied with the requirements of the Building, Electrical and Plumbing Codes, it was an intrusion on his private rights to require additional controls. Mrs. Amey Stone, 1623 High Street, suggested the Historical Preservation Society might act in an advisory capacity on historically significant buildings. She noted that Homeowners Associations within the community placed restrictions upon their members, however she would agree the DRB should be relieved of its jurisdiction over existing single family homes. At the conclusion of discussion, Councilman Beckam moved approval of the Planning Board's recommen- dations No. 1 and 2, paragraph 3, of their report; that the ordinance under consideration be amended to provide advisory service to single family home owners upon request by the home owner, and the City Attorney be instructed to provide such amendment. The motion was seconded by Councilman Tillman and carried unanimously on voice vote. Councilman Sherratt asked that a listing of architecturally interesting structures throughout the city be prepared. Councilman Beckam referred to the Imageability Study which had been adopted by the Council at this meeting. 37. Considerationof appointment to the Library Board. President Corica placed in nomination the name of Mrs. Dorothy R. Larzalere. The nomination was seconded by Councilman Sherratt and on voice vote carried unanimously. It was directed the appointing resolution be prepared for consideration at the next regular meeting of the City Council. 38. Consideration of the following items brought up under "New Business' at the regular meeting held May 3, 1977: (a) Announcement by President Corica of receipt of request from the Alameda Swimming Pool Association for approval to dig wells on the Lincoln and Franklin Park sites; and his request for a cost evaluation to provide wells on all park sites. 346 President Coricesaid it was his understanding the Metropolitan Transportation Commission would act on the proposal on May 25. (c) Comments by Councilman Diament regarding SB 463 (Foran) proposing establishment of a Public Beach Fund. Councilman Diament reported this Senate Bill had died in committee. (d) Proposal by Councilman Diament that Councilman Tillman replace former Councilman Hurwitz as an ex-officio member of the Golf Commission. President Corica placed Councilman Tillman's name in nomination for the appoitment. The motion was seconded by Councilman Diament, and carried unanimously on voice vote. It was directed the resolution of appointment be prepared for consideration at the next regular meeting. Councilman Sherratt questioned the ex-officio status of Council members on Boards and Commissions, and stated this was the only body on which a Council member had ex-officio status. He noted the Council did have the flexibility to attend all Board and Commission meetings. Councilman Diament stated it was her opinion the Golf Commission was unique inasmuch as it had been a citizen group which had developed its leadership from the Council, and was making money for the city. She said she thought the Golf Commission itself felt it was invaluable to have input directly from the Council. President Corica concurred with her remarks. There followed a discussion on the subject. (e) Request by Councilman Tillman for a feasibility report on the establishment of a local Cable Television service system. Councilman Tillman noted the City Manager's report on the matter. NEW BUSINESS: 39. Councilman Diament questioned the membership of the newly constituted Social Service Human Relations Board. She said it was her understanding it had been the intent of the City Council to appoint all members currently serving on the newly formed Board, and these persons would apply if they wished to be considered for appointmet. It was the consensus of the Council that she was correct in her assumption. City Attorney Stroud reported the ordinance sitting out the duties of the SSHRB was being prepared for submission to the Council in the near future. equipment 40. Councilman Diament inquired concerning surplus emergency/requested by the Fire Department. She asked if the equipment would be able to use salt water in an emergency. City Manager Goss said this was his understanding. RESOLUTIONS: 41. The following resolution was introduced by Councilman Beckam who moved its adoption: "Resolution No. 8720 Authorizing Execution of First Supplemental Agreement with the City of Oakland." 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. 42. The following resolution was introduced by Councilman Diament who moved its adoption: "Resolution No. 8721 Authorizing Execution of Landscape Architectural Services Agreement with Theodore Osmundson & Associates in Connection with Phase III Development in Washington Park." 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. 43. The following resolution was introduced by Councilman Beckam who moved its adoption: "Resolution No. 8722 Authorizing Execution of Amendment to Dental Care Service Agreement Between City and California Dental Service." 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. 44. The following resolution was introduced by Councilman Beckam who moved its adoption: "Resolution No. 8723 Adopting Specifications, Special Provisions and Plans for Repair and Resurfacing of Eighth Street, Portola Avenue to Otis Drive; Grand Street, Central Avenue to Buena Vista Avenue; and Willow Street, from Otis Drive to Clinton Avenue; calling for bids and directing City Clerk to Advertise Same." 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. 45. The following resolution was introduced by Councilman Diament who moved its adoption: "Resolution No. 8724 Calling for Bids for Legal Advertising for the City of Alameda for the Fiscal Year 1977-1978. 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. 46. The following resolution was introduced by Councilman Beckam who moved its adoption: "Resolution No. 8725 Authorizing Execution of Lease Agreement Between Encinal Lodge No. 164 Trustees and the City of Alameda for a Suite in the Building Located at 2329 Santa Clara Avenue." The motion to adopt said resolution was seconded by Councilman Sherratt and following roll call vote. Ayes: Five. Noes: None. Absent: None. 47. The following resolution was introduced by Councilman Beckam who moved "Resolution No. 8726 Designating Alameda High School as an "Historical Monument'." The motion to adopt said resolution was seconded by Councilman Sherratt and following roll call vote. Ayes: Five. Noes: None. Absent: None. The President declared the foregoing resolutions adopted. INTRODUCTION OF ORDINANCES: 48. "Ordinance No. 1867, New Series carried on the its adoption: carried on the Amending Certain Portions of the Alameda Municipal Code Relating to Traffic Regulations." Councilman Beckam moved the ordinance be introduced and passed as submittkd. The motion was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. ORDINANCES FOR PASSAGE: 49. "Ordinance No. 1868, New Series Adopting by Reference the National Electrical Code, 1975 Edition, Copyright 1974 by National Fire Protection Association, with Amendments, Additions and Deletions Thereof as the Primary Code; Prescribing Regulations for Safeguarding of Persons and Property from Hazards Arising from Use of Electricity; Providing for the Issuance of Permits and Collection and Fees Therefor; Providing Penalties for Violation Thereof, and Repealing Any Ordinances in Conflict Therewith." Councilman Beckam 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. 50. "Ordinance No. 1869, New Series Adopting by Reference the Uniform Fire Code, 1976 Edition, Copyright 1976, by International Association of Building Officials and Western Fire Chiefs Association: with Amendments, Additions and Deletions Thereof as the Primary Code; Appendices A, B, C, D, E, F, G and Uniform Fire Code Standards Enumerated in Table 5-A, 5-B, 5-C, 5-D, 11-A, 11-B, 17-A, 33-A, 42-A, 42-B Thereof as the Secondary Code; Regulating Conditions Hazardous to Life and Property from Fire or Explosion; Providing for Issuance of Permits; Providhg Penalties for Violations Thereof and Repealing Sections 12,3, 4, 5, 6, 7, 8, 9, 10, 14, 15 and 16 of Ordinance No. 1719, N.S. and Any Ordinance and Portions of Ordinances in Conflict Therewith. 347 348 Councilman Beckam moved the ordinance be passed as submitted. The motion was seconded by Councilman Diament and carried on the following roll call vote. Ayes: Five. Noes: None. ABsent: None. BILLS: 51. An itemized List of Claims against the City of AMeda and the Departments thereof, in the total amount of $128,677.77, 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 Diament moved the bills as itemized in the List of Claims filed with the City Clerk on May 24, 1977, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded by Councilman Sherratt and carried by unanimous voice vote. ORAL COMMUNICATIONS, GENERAL: 52. Mrs. Elizabeth Rogers, 3211 Maison Street, questioned the process of approval or disapproval of the plans for the Harbor Bay Isle development, and her questions were answered by the members of the Council. FILING: 53. "Alameda, California Imageability Study." 54. First Supplemental Agreement between City and City of Oakland. 55. Landscape Architectural Services Agreement with Theodore Osmundson & Associates re Phase III development of Washington Park. 56. Amendment to Dental Care Service Agreement between City and California Dental Service. 57. Specifications No. PW 5-77-8 - Repair and Resurfacing portions of Eighth Street, Grand Street and Willow Street. 53. Specifications for Legal Advertising for Fiscal Year 1977-1978. 59. Financial and Operating Report for BuEau of Electricity for 9 months ending March 31, 1977. 60. Lease Agreement with Encinal Lodge No. 164 re 2329 Santa Clara Avenue. 61. License Agreement with Harbor Bay Isle Associates re bus stop shelters. 62. Councilman Sherratt moved the Council retire to exeuctive session for a discussion of litigation and personnel matters. 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 of the City Hall. At the conclusion of discussion, it was determined no action would be taken at this time. ADJOURNMENT: 63. There being no further business to come before the meeting, the Council adjourned at 12:20 o'clock a.m. to assemble in regular session on Tuesday, June 7, 1977, at 7:30 o'clock p.m. Respectfully submitted, City Clerk