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1977-06-07 Regular CC Minutes349 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - JUNE 7, 1977 The meeting convened at 7:30 o'clock p.m. with Vice President Diament presiding. The Pledge of Allegiance was led by Councilman Beckam and was followed by an Invocation delivered by the Reverend Donald Zerbe, Pastor of the Twin Towers United Methodist Church. ROLL CALL: The roll was called and Councilmen Beckam, Sherratt, Tillman, and Vice President Diament, (4), were noted preeent. Absent: President Corica, (1). Vice President Diament reported President Corica would take his seat on the Council later in the meeting. At her request, and there being no objection, the meetina proceeded to "Resolutions". RESOLUTIONS: 1. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8727 Appointing Member of the Library Board." (Dorothy E. Larzelere) The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the following rolll call vote. Ayes: Four. Noes: None. Absent: President Corica- (1). On request, the City Clerk administered the Oath of Office to Mrs. Larzelere. 2. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8728 Appointing Ex-officio Member of the Golf Conmission." (Charles A. Tillman) The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President Corica, (1). On request, the City Clerk administered the Oath of Office to Councilman Tillman. The meeting reverted to the regular order of business. WRITTEN COMMUNICATIONS: 3. From the Airport Land Use Commission of Alameda County, signed by the Planning Director, requesting clarification of the city's position on noise easements. Vice President Diament reported the City Attorney would be attending the ALUC meeting of June 8, 1977, and would attempt to clarify the contents of the city's communication designating the position which the Council had taken. 4. From Friends of the Alameda Free Library, signed by the President, offering a $5,000 donation to partially supply the proposed Bay Farm Island library with furnishing and equipment. Vice President Diament expressed the Council's appreciation for the generous donation, and requested that a commendatory resolution be prepared for consideration at the next regular meeting of the City Council. Mrs. Anita Weier, 34 Garden Road, reported she had spoken with the Presidents of the Garden Isle Homeowners Association, Islandia Homeowners Association and Bay Farm Island Improvement League, who had indicated their inter et in establishing a branch library on Bay Farm Island, and would communicate directly to the Council. Councilman Beckam moved the offer be accepted and the funds placed in a special fund for library purposes. The motion was seconded by Councilman Sherratt and c rried unanimously on voice vote of the Council members present. 5. From Ms. Laurie M. Hobson, 1631 Pearl Street, expressing disagreement with the decision to participate in the Times-Star Progress Edition. Vice President Diament directed the communication be accepted and acknowledged. 6. From the Encinal Ecology Club supporting the acquisition of not less than 100 feet of shoreline from average high tide in a continuous band around the Bay Farm Island. 7. From Mrs. Anita Weier, 34 Garden Road, expressing support of a wide band of open space along the shoreline of the Harbor Bay Isle development and expressing concern about blowing 5.and. Vice Presidert Diament directed the above two letters be filed with other communications received on the subject. HEARINGS: 8. In the Matter of the proposed adoption of the Uniform Building Code, 1976 Edition, Copyright 1976, by the International Conference of Building Officials with Amendments, additions and deletions 350 thereof Pr the Primary Code, Appendix: Chapter 13, 35, 49 and 57 thereof, and Uniform Code Standards each referred to in said Primary Code as the Secondary Code, as the Alameda Building Code. Councilman Beckam moved the hearing be held over to the regular meeting of July 5, 1977. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote of the Council members present. 9. In the Matter of Resolution of Intention No. 8710 to order vacation of certain portion of a public street, being a 17-foot strip of County Road containing 0.0873 acres more or less. The City Clerk reported the Affidavit of Publication of the Resolution of Intention setting this as the time and place of hearing, was on file. On request, the City Engineer stated the County Road right of way was 80 feet wide; that with the cutting through of Island Drive there would be a triangular piece cut off which would be bounded by Mecartney Road and Island Drive. He said this was intended to be cul-de-sac on the north end so the road remaining would serve approftately eight properties and be on the east side of the triangle. He reported the properties serve would not justify an 8-foot right of way and it would be in the best interests of the city to improve the area of the triangle and reduce the unnecessary right of way. He said this had been contemplated for years and he did not see any future need for the excess 17-foot width for public thoroughfare purposes and would recommend that it be vacated. He pointed out the affected area on a posted map, and noted all utility companies had been notified of the proposed vacation. Vice President Diament explained the procedure to be followed in the hearing and declared the hearing opened. On the call for proponents, Mr. Cal Jones of Jones-Tillson, Civil Engineers, offered to answer any questions the Council might have on the subject. On the call for opponents, Mr. Robert Hudkins, 3319 Central Avenue, asked if the property vacated would revert to the developer of Harbor Bay Isle. The City Engineer explained the city did not own the street but only held an easement; that upon vacation the property would revert to the owner and in this instance, it probably would be Harbor Bay Isle. The hearing was declared closed. Concluding a brief discussion, Councilman Sherratt moved the resolution be taken out of order, seconded by CouncilmaiBeckam, carried unanimously on voice vote of those Council members present. RESOLUTIONS: 10. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8729 Finding and Determining the Certain Portion of County Road Referred to in Said Resolution No. 8710 in Unnecessary for Present or Prospective Street Purposes; Finding Resolution no Reservation of Easement Therein Necessary; Ordering the Vacation Thereof, and Directing City Clerk to Cause a Certified Copy of this Resolution to be Recorded." The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President Corica, (1). The meeting returned to the regular order cf business. REPORTS AND RECOMMENDATIONS: 11. From the City Manager transmitting report on Section 2156 Street Deficiencies. Councilman Beckam moved acceptance of the report and the resolution be taken out of order, seconded by Councilman Sherratt, carried on unanimous voice vote of those Council members present. RESOLUTIONS: 12. The following resolution was introduced by Councilman Beckam, who moved its adoption: 'Resolution No. 8730 Approving Section 2156 Report Prepared by City Engineer in Connection with Progress and Needs for City Streets and Roads." The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President Corica, (1). The meeting returned to the regular order of business. 351 REPORTS AND RECOMMENDATIONS: 13. From the City Manager recommending contract be awarded to Ransome Company, low bidder, for the project of Minor Street Patching with Asphalt Concrete during the fiscal year ending June 30, 1978, at unit prices quoted. Councilman Beckam moved award of the contract on the project to Ransome Company, seconded by Councilman Sherratt, carried unanimously on voice vote of thoee Council members present. 14. From the City Manager, recomending contract be awarded to Vermont Engineers, low bidder, for the project of installation of House Laterals during the fiscal year ending June 30, 1978, at an estimated amount of $26,113. Councilman Beckam moved award of the project contract to Vermont Engineers, seconded by Councilman Sherratt, carried unanimously on voice vote of those Council members present. 15. From the City Manager recommending contract be awarded to Perine Contract, low bidder, for the project of Repair of Portland Cement Concrete Sidewalk and Driveway during the fiscal year ending June 30, 1978, at unit prices quoted. Councilman Beckam moved award of the project contract to Perine Concrete, low bidder, seconded by Councilman Sherratt, carried unanimously on voice vote of those Council members present. 16. From the City Manager reporting all work satisfactorily completed on the project of Construction of the Driving Range Building, recommending it be accepted and the Notice of Completion ordered filed. Councilman Beckam moved acceptance of the work and the Notice of Completion ordered filed, seconded by Councilman Sherratt, carried on unanimous voice vote of those Council members present. 17. From the Assistant City Manager regarding the Times-Star Progress Edition. Councilman Tillman questioned the motion which had been adopted at the previous meeting, and asked for clarification stating it was his understanding the $1,000 had been allocated for the Progress Edition regardless of the position of the School Board. Assistant City Manager Creagh reported the motion was conditioned upon participation by the School District, and, in addition, staff was to discuss the Progress Edition proposal with the School District and report back to the Council at this meeting. He reviewed his written report, and noted the direction of th?Council had been to incorporate the Grand Reunion and Fourth of July Celebration. He stated he had contacted the Superintedent of Schools, who had indicated they had made an allocation of $500 for inclusion of a one page ad in the Progress Edition and that he had further authorization from the School Board to proceed no further. In addition, he said, Dr. McConnell had indicated that if a communiation were addressed to the School Board, it would be presented to them at thlr next meeting on June 14, which was beyond the deadline set for submission of material to the Times-Star. Mr. Creagh stated he subsequently had learned the School District had allocated an additional $500, thus increasing their ad to two pages, for the Progress Edition, and Dr. McConnell had reported he had no authorization to increase that amount. Councilman Sherratt called attention to the deadline of June 11 for submission of copy. He again questioned whether staff would have the time to put together the material. Councilman Tillman said he would recommend participation in the Progress Edition on a yearly basis; that he bcilieved the Editor of the Times-Star would extend the deadline to enable staff additional time to prepare the ad. He moved that $1,000 be appropriated for this purpose and staff be directed to proceed. He said it was his intent that this would cover publication in both the June 24 Progress Edition and the July 4th Edition, however, if this was not possible, he would recommend participation in the Progress Edition. Following discussion of Councilman Tillman's motion, it died for lack of a second. Councilman Sherratt then moved approval of a mazimum amount of $1,000 for an advertisement in the Progress Edition, contingent upon the availability of staff time to compose a $1,000 ad; if not avaflable, then a one page $500 ad, contingent upon the flexibility of the deadline, with the funds to be authorized from the Contingency Fund. The motion was seconded by Councilman Beckam and carried on the following voice vote. Ayes: Four. Noes: None. Absent: Corica, (1). There being no objection, the meeting proceeded to "Resolutions". RESOLUTIONS: 18. The following resolution was introduced by Councilman Beckam, whomoved its adoption: "Resolution No. 8731 Requesting Cancellation of County Taxes on Real Property Acquired by the City of Alameda for Municipal Purposes (1537 Oak Street, 2260 Lincoln Avenue and 2264 Lincoln Avenue)." The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President Corica, (1). 352 19. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8732 Cancelling City Taxes on Property Acquired by the City of Alameda for Municipal Purposes (1537 Oak Street, 2260 Lincoln Avenue and 2264 Lincoln Avenue)." The motion was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President Corica, (1). A ten-minute recess was called. Upon reconvening, it was noted President Corica had taken his seat on the Council as presiding officer and the meeting returned to the regular order of business. REPORTS AND RECOMMENDATIONS: 20. From the Assistant City Manager concerning disposition of the former Post Office building. President Corica, reviewed the three proposals which had been received from Mario and Erma DeLucchi, George H. Jaber, and Karren & Seals, and the Assistant City Manager's recommendation that the Council accept the proposal of Mario and Erma De Lucchi in the amount of $191,770.77. He noted that Mr. George Carder wasin the audience and had asked for a one week postponement of the Council decision to enable him an opportunity to msubmit a previous proposal. On request, Mr. Carder, 2316 Buena Vista Avenue, explained his previously submitted proposals and the reasons given for their rejection. He complained that he had not been informed of the deadline for submission of proposals being considered at this time. There folbwed an exchange of opinion between Mr. Cardner and the Assistant City Manager of the allegations made. At the conclusion of discussion, Councilman Beckam moved acceptance of the report, appcoval of the recommendations therein, and the resolution be taken out of order. The motion was seconded by Councilman Tillman and carried unanimously on roll call vote. Councilman Tillman asked Mr. DeLucchi what he contemplated for the use of the building. Mr. DeLucchi stated the building would be maintained and kept in its present condition and they proposed it be used for office space, storage and public assembly type of use. He mid they would have no objection should the building be granted historical monument status. RESOLUTIONS: 21. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8733 Authorizing Execution of Agreement for Dispcsition of Real Property Located at 2417 Central Avenue, Alameda, California (Former U.S. Post Office Building)." The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the foll owing roll call vote. Ayes: Five. Noes: None. Absent: None. The meeting returned to the regular order of business. UNFINISHED BUSINESS: 22. Presentation of Harbor Bay Isle shoreline plan (Villages 3 and 4). President Corica reported the presentation was for information purposes only; that before any decisions were made, public hearing would be held by the Planning Board and the City Council. He noted that staff members, Planning Board members and the City Council had taken tours of the proposed development. Mr. Oscar Barry, of Harbor Bay Isle Associates, stated that since the plan had first been developed it had been discussed at the Planning Board level and had received considerable citizen and Planning Board input. As a result, he said, they had modified their original plan to show a continuous edge along the Bay. He said this would provide a circulation pattern between pocket parks which had been laid out. He said it was their belief this should be a narrow section with limited access and not a major regional facility. Concerning the responsibility for the edge and assurance to the city that the commitments made by the Reclamation District in the past would be met, he noted the Reclamation District, as a successor to thecriginal owner had assumed the responsibility and would do so in perpetuity. Mr. Edon Beck, utilizing posted maps and sketches, indicated in detail the perimeters of Villages 1, 2, 3 and 4. He stated the plan did not include Village 5, however represented their intent that the extensior of Mecartney Road would reach the Bay edge at some point and then connect to the 17.3 acres which were zoned commercial. He pointed out that the diagram showed the variety of recreational circulation with HBI, and each Village was focused on a center of recreation and would include pathways and bkepaths. He noted public bike and walkways would be provided along all of the public streets and on thewater side, and epxlained areas of public parking and access to the shoreline. Mr. Beck 4 made a slide presentation showing the location of pedestrian and bike 353 paths as they related to the line of estimated highest tidal action and fence lines. He noted the open space being 55 to 60 feet. He stated structures would be very close to the 100 foot setback line. He reported bikeways would be 10 feet wide and walkways would vary in width from 41/2 feet to 7 feet. He said it might be desirable in some places to vary the walking surface and there were some places where the bank was quite steep and high tide water would come close to the edge, and it would make sense to have the walkway move out over the water in the form of a boardwalk. He said there were some technical poblems yet to be solved along the edge of Village 2 and in some areas public access would be limited to 35 feet. At the conclusion of a lengthy and technical explanation of the shoreline plan, Mr. Beck answered questions put by Council members. Councilman Tillman asked if the 35 foot area along Village 3 could be enlarged upon an by how much. Mr. Barry stated that if during the public hearings process this became an issue, they would not object if a 50 foot position were imposed and they were granted the necessary variances and encroachments in order to comply. He stated Mr. Beckbad indicated he could design an adequate circulation system in 35 feet, which would be tight, and felt comfortable with 50 feet. The following persons spoke on the subject: Mrs. Leora Feeney, representing Save Our Shoreline; Mrs. Rosalie McPherson, on behalf of the Planning Board who stated she would transmit their report in writing to the Council; Mrs. Inez Kapellas and Mr. Robert DeCelle. NEW BUSINESS: 23. Councilman Tillman questioned the availability of an extension of A/C Transit service on Line 63 to the Fernside Shopping Center. The City Manager was requested to ask the Chamber of Commerce for a communication on their inves- tigation of the matter. It was noted that Mr. Beckam left the meeting at 10:40 o'clock p.m. due to illness. INTRODUCTION OF ORDINANCES: 24. Councilman Diament introduced the following ordinance after which it would be laid over under provisicn of law and the Charter: 'Ordinance No. New Series Amending the Alameda Municipal Code by Amending Section 11-B1 (d) (2) and Adding Section 11-231.1 to Article 3 of Chapter 2, Title XI Thereof, Relating to REgulations of the Design Review Board.' The motion was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). 25. Councilman Sherratt 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 13-214 Thereof Relating to Payment of Fees Upon Application for Certain Permits.' The motion was seconded by Councilman Diament and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). 26. The motion was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). 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 Amending Section 16-6112 Thereof, Relating to Payment of Filing Fee Upon Application for Private Watchman's Permit." The motion was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). ORDINANCES FOR PASSAGE: 27. "Ordinance No. 1870, New Series Amending the Alameda Municipal Code by Adding Article 3 to Chapter 2 of Title XVI Thereof Defining and Regulating Bingo Games for Charity, Prescribing Penalty for Violations Thereof, and Relating to Citation Procedure for Violations." 354 Councilman Sherratt moved the ordinance be passed, as amended. The motion was seconded by Councilman Diament and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). 28. "Ordinance No. 1871, New Series Amending the Alameda Municipal Code by Amending Section 13-1102 Thereof and Repealing Subsection (k) of Section 13-1105 Thereof, Relating to In Lieu License Fees." 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: Four. Noes: None. Absent: Councilman Beckam, (1). 29. "Ordinance No. 1872, 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 City." 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: Four. Noes: None. Absent: Councilman Beckam, (1). BILLS: 30. An itemized List of Claims against the City of Alameda and the Departments the total amount of S299,106.10, was presented to the Council at this meeting. The List was accompanied by certification from the City Manager that the claims correct. thereof, in shown were Councilman Diament moved the bills as itemized in the List of Claims filed with the City Clerk on June 7, 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 of the Council members present. 31. Councilman Sherratt moved the Council retire to executive session for a discussion of personnel matters. The motion was seconded by Councilman Tillman 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 idiscussion, it was determined no action would be taken at this time. ADJOURNMENT: 32. There being no further business to come before the meeting, the Council adjourned at 11:30 o'clock p.m. to assemble in regular session on Tuesday, June 21, 1977, at 7:30 o'clock p.m. Respectfully submitted, City Clerk