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1975-10-07 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - - - - - - - - OCTOBER 7, 1975 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 Donald Sager, Pastor of the Court Street Methodist Church, ROLL CALL: The roll was called and Councilmen Beckam, Diament, Hurwitz, Sherratt and President Corica, (5), were noted present, Absent: None. MINUTES: 1. Councilman Beckam requested the minutes of the regular meeting held September 2, 1975, be corrected under "Reports and Recommendations", item 5, to indicate he had suggested the word "Scotchcal" be deleted as this was a tradename. With the above noted correction, the minutes of the regular meetings held September 2, and Septem- ber 16, and the special meeting held September 11, 1975, were approved as submitted. WRITTEN COMMUNICATIONS: 2. From Shaw & Lunt, Realtors, signed by Mr. John W. Barni, Jr„ regarding business license and dwelling unit taxes. The letter was referred to the Mayor's Ad Hoc Finance Committee. Mr, Barni was requested to furnish a breakdown of the fees mentioned in his communications, Mr. Joseph Sullivan, a member of the ComOttee, advised the Council and members of the audience that the committee was now holding its weekly meetings on Thursday mornings at 8:30 o'clock a.m. in the Council Chamber. 3. From Mr. Robert Bowman, 3027 Cerro Vista, regarding tax relief. At the suggestion of Councilman Sherratt, President Corica stated he would reply to the communication and inform Mr. Bowman of governing and prospective legislation which would provide property tax relief to senior citizens. 4. From Mr. H.W. Chamberlain, 1253 Hawthorne, requesting consideration of suggestions for increasing revenue to the City. Mr. Chamberlain's request to address the Council on the subject at its next regular meeting was approved, and the Clerk was directed to so notify him. 5. From the League of Women Voters, signed by Mrs. Jan Kaufman, President, and Mrs. Selina Faulhaber, Chairman, regarding implementation of Goals Study recommendations. The communication was referred to "Unfinished Business". HEARINGS: 6. In the Matter of Resolution of Intention No. 8417 regarding vacation of a portion of Blanding Avenue, a public street in the City of Alameda. The City Clerk indicated the Affidavit of Publication of the Resolution of Intention was on file and the required notices had been posted, in accordance with applicable provisions of the Alameda Municipal Code. President Corica reported this matter involved .0785 of an acre located in the vicinity of the new Fernside Shopping Center and owned by Sutter Hill Limited. On request, City Engineer Hanna stated when the shopping center was being planned, it had been determined a better access could be provided to the Fernside Boulevard-Tilden Way connection and the developer had paid for and constructed a curved connection from Blanding Avenue to that inter- section; that the remaining triangular piece was no longer necessary and it was felt this should be incorporated into the developer's lands in their negotiations with the Southern Pacific Company. He noted there was no further public need for this small parcel except for public utilities easement purposes. The Hearing was declared opened. On the call for proponents or opponents, Mrs. Inez Kapellas, 1128 College Avenue, complained of a lack of streets ending at the waterfront. The City Engineer reported BCDC had required the developer to improve 1100 feet of Estuary frontage for public access. The Hearing was declared closed. There being no objection, the meeting proceeded to "Resolutions". RESOLUTIONS: 7. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8420 Finding and Determining Portion of Blanding Avenue, a Public Street in the City of Alameda, is Unnecessary for Present or Prospective Street Purposes; Ordering Vacation Thereof Subject to Reservation of Permanent Easement and Right-of-Way Therein as Described in Resolution Of Intention No. 8417 Heretofore Adopted on September 16, 1975; and Directing City Clerk to Cause 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: Five. Noes: None. Absent: None. The meeting returned to the regular order of business. HEARINGS: 8. In the Matter of the Proposed Solid Waste Management Plan for Alameda County and from the Solid Waste Management Board, State of California, regarding coordination of City and County Solid Waste Management Planning Activities. The City Clerk stated the Affidavit of Publication of the Notice of Hearing was on file. President Corica reported the Alameda County Solid Waste Advisory Committee had been studying the problems of solid waste management for the past two years, and were mandated by the State to adopt a Plan by January 1, 1976, He stated legislation provided public hearings be held throughout the County and if fifty-one percent of the cities adopted resolutions favoring the Advisory Committee's recommendations, the Plan would be adopted. The Hearing was declared opened. On the call for proponents, Mr. Ron Eggers, Planner with the Alameda County Planning Board, reviewed the written draft of the Plan, which had been provided to members of the Council. He stated the Committee, following extensive meetings and studies, now presented the following preliminary recommendation. (a) Enforcement and management/administration should be separated; (b) the structure proposed is an initial plan; (c) that no major long-term commitment, either to private or public enterprise be made until adequate study and comparison is made of efficiency and costs of collection, processing, resource recovery, energy production and disposal; and (d) joint powers boards should consist of elected officials, although alternates need not be elected officials. There followed a question and answer period, during which Mr. Eggers stated enforcement and authority would be based on the Health and Safety Code, existing local ordinances and any ordinance which might jointly be drawn up by the involved Cities and County, State Solid Waste standards, and any other applicable regulations and would fall under the purview of the Solid Waste Commission. He said it was the opinion of the Committee that no new agency should be formed and existing personnel and agencies be utilized, Mr. Jack Shepard, General Manager of the Bureau of Electricity, presented the views of the Public Utility Board in the matter. He noted energy costs to Alameda residents had risen approxi- mately forty-five percent in the last fiscal year, and the cost of purchased power by the Bureau had increased some eighty-five percent in the same period of time, He said there were strong indications power costs would continue to rise significantly. Shepard stated the Bureau had actively been exploring various alternative sources of power including geothermal generation and a solid waste fuel plant. This latter concept, he said, would supply most of the City's electric needs, with the remainder to bepurchased from the Pacific Gas andElectric Company; however, in therms of low electric use when the plant generated more than the City needed, any excess would be sold back to the Company. He reported the concept depended on the availability of solid waste from within the City, including that which would come from the Naval and Army facilities, and additional tonnage could be obtained from other sources. He stated such a plant was marginally feasible at this time, could become a valuable resource, and should be considered. He said that in his review of the Solid Waste Plan, he found nothing which would preclude Alameda from pursuing a solid waste plant should it be found desirable. On the call for opponents, Mr. Tom Meitry, representing Oakland Scavenger Company, read into the record a letter addressed to the City Council presenting their views on the subject. It was their opinion, he said, the Preliminary Draft of the Solid Waste Management Plan for Alameda County should be modified to (1) provide that matters of rate setting, franchise terms and services needs continue to be negotiated at the local level through the present Joint Refuse Rate Committee, or expanded if desired; (2) remove the provisions for the formation of a new County Solid Waste Management agency from the plan until such time as the need for such an agency has been clearly demonstrated; (3) provide for the appointment of a County Solid Waste Coordinator within existing county agencies to coordinate the activities of all agencies involved in enforcing solid waste operations in Alameda County and to provide technical assistance to cities that have segments of the solid waste system within their jurisdiction; (4) remove the provisions for the creation of a Regulatory Commission; and (5) eliminate any language in the plan which would prohibit or delay Oakland Scavenger Company from proceeding immediately with its long range plans in accordance with standard permit procedure. Mr. Meitry said they wished to emphasize that their long range program is in conformance with the County Solid Waste Management Plan except for the above noted specific aspects, and it was their contention they could develop the physical facilities to implement a model solid waste disposal system using private capital. Mrs. Inez Kapellas questioned the source of revenue to fund the Plan. Mr. Pete Bongiovanni, 3201 Thompson Avenue, asked if solid waste plants were in existence at this time. He also questioned the cost. Mr. Lou Alberti, Vice President of the Oakland Scavenger Company, reported their planned transfer station would be financed through an increased rate structure to their customers. He stated their facility would be large enough to accommodate the City of Alameda, if it so chose, and all of Alameda County. He said that any profit made from the facility, through resource recovery or energy recovery, would be put back into the company to reduce rates and that the company should also realize a fair profit. In answer to Mr. Bongiovanni's question, Mr. Shepard reported there were over fifty solid waste plants in Western Europe. In addition, he stated, the plant, if built, could save about $28,000,000 in energy costs over a twenty-year period. The Hearing was declared closed. Following lengthy discussion, and there being no objection, the meeting proceeded to "Resolutions". RESOLUTIONS: 9. The following resolution was introduced by Councilman Beckam, wftmoved its adoption: "Resolution No. 8421 Conditional Approval of City Council of the City of Alameda County-Wide Solid Waste Management Plan." The motion to adopt said resolution was seconded by Councilman Sherratt. On request, the City Clerk read the resolution in full. It was noted the resolution set forth that the City Council had reviewed a draft of the Solid Waste Management Plan for Alameda County, and conditionally approved the fundamental principles and objectives of the plan with the following reservations. (1) That the City of Alameda retain the right to dispose of or utilize its solid waste to its best advantage; (2) that Alameda retain the right to use solid waste available from some other entities in Alameda County, as an addition to its own solid waste resources, subject to mutual agreement with each such entity; and (3) that Alameda retain the right to negotiate with entities outside of Alameda County to use solid waste from such sources to further augment any supply it might otherwise have. On a call for the question, the motion carried on the following roll call vote, Ayes: Five. Noes: None. Absent: None. Mr. Eggers stated the conditions adopted by the City Council would become a part of the Solid Waste Management Plan for Alameda County. A ten-minute recess was called. Upon reconvening, the meeting continued with the regular order of business. REPORTS AND RECOMMENDATIONS: 10. From the City Auditor submitting report of Count of Money held August 13, 1975. Councilman Hurwitz moved acceptance of the report. The motion was seconded by Councilman Sherratt and carried unanimously on roll call vote, 11. From the City Planning Board, signed by Mr, John Fenstermacher, President, regarding the Planning Department's workable program, 1975-76. On request, Mr. Fenstermacher reviewed the program and answered questions put by members of the Council and Mrs. Helen Freeman. President Corica complimented the Planning Board on the priorities which it had adopted for the coming fiscal year. Councilman Sherratt moved acceptance of the report. The motion was seconded by Councilman Beckam and on roll call vote carried unanimously. 12. From the Advisory Golf Commission, signed by Mr. Clifford P. Dutrow, Chairman, regarding the number of permanent employees assigned to the Golf Department. President Corica noted the Commission recommended the staff not be allowed to drop below the level of eighteen men, as it was felt this would be the minimum number of people who could realistically be expected to provide a good maintenance and improvement program on the two courses. The City Manager reported the current staffing in the Golf Division was nineteen, with seventeen positions supported by local revenue and two positions funded by CETA, Councilman Hurwitz moved acceptance of the report. The motion was seconded by Councilman Sherratt and on roll call carried by unanimous vote. 13. From the City Manager reporting all work satisfactorily completed on the project of the installation of a storm drain across Doolittle Drive and the City Dump, recommending it be accepted, the Notice of Completion ordered filed, and increased withdrawal from the Capital Outlay Fund be authorized. The City Engineer reported the difficulties which had been encountered in accomplishing the project and necessitating the increased expenditure of funds. Councilman Hurwitz moved acceptance of the report and approval of the recommendations. The motion was seconded by Councilman Diament and carried unanimously on roll call vote. 14' From the City Manager recommending additional fill for Washington and Northside Parks be purchased on the open market under Section 3-15 of the City Charter, from Bay Farm Island Reclamation District No. 2105. On question, the City Manager explained the budgets for this project and the one mentioned in the follzwing report contained money for the fill and this was within the budgeted amount. Mrs. Inez KaDelldS objected to the City's paying the Reclamation District for fill and alleged it should be given free of charge. Following discussion, Councilman Hurwitz moved approval of the recommendation and that competitive bids be waived. The motion was seconded by Councilman Diament and carried unanimously on roll call vote. 15. From the City Manager recommending loading and hauling of fill for Washington and Northside Parks be performed by open market contract with Ferma Corporation, under provisions of Section 3-15 of the City Charter. Councilman Beckam moved acceptance of the report and approval of the r2COmmendatiOns. The motion was seconded by Councilman Sherratt and on roll call carried by unanimous vote. 16. From the Library Board, signed by Mr. Carl Hamilton, City Librarian, submitting annual report. On question, Mr. Hamilton reported the feasibility study for the Library should be completed prior to next year's budget. Councilman Hurwitz moved acceptance of the report. The motion was seconded by Councilman Beckam and carried unanimously on roll call vote. 17. From the Housing Authority regarding funding and maintenance and repair of Makassar Housing Project. President Corica elaborated on the written report received from Mr. Richard D. Marquardt, Executive Director of the Housing Authority, concerning funding and the attached report from the Maintenance Supervisor concerning the exterior surface structural inspection of all Makassar units. Councilman Beckam moved acceptance of the report. The motion was seconded by Councilman Sherratt and on roll call carried by unanimous vote. 18. From the City Manager regarding requested contract with consulting firm to prepare a Joint EIR for the Housing Element (Phase III) and the Scenic Highways Element of the General Plan. Councilman Beckam moved acceptance of the report and approval of an allocation not to exceed $6,000 from the Contingency Fund. The motion was seconded by Councilman Sherratt and carried unanimously on roll call vote. 19. From the City Manager regarding "701" Contract PlanOers, Councilman Sherratt moved acceptance of the report. The motion was seconded by Councilman Diament and carried unanimously on roll call vote. There being no objection, the meeting proceeded to "Resolutions". RE3OLUTUI0N5: 20' The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution No. 8422 Authorizing Execution of Agreements with John Tremoulis and Elaine Costello for Personal Services (Associate Planners under HUD 701 Program)." 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. The meeting returned to the regular order of business. UNFINISHED BUSINESS: 21. From the City Manager regarding status of objectives established in Resolution No. 8381 adopting the "Goals Study", the final report of the Community Goals Study. President Corica noted the report was very comprehensive and indicated the progress made to date in implementation of the "Goals Study". He requested copies of the report be mailed to each Task Force Chairman and additional copies be made available to any persons who might desire them. Mrs. Helen Freeman stated she had attended the last meeting regarding the South Shore retention and it had been the consensus of the group that a test area be created in the area of Washington Park. She noted funds might be available for this because of assessments levied by Reclamation District No. 2087 in the amount of $148,000 for beach retention and that the funds had not been expended. She suggested contact be made with BCDC to ascertain what they would demand in the area, and also with the Water Quality Control Board and the U.S. Army Corps of Engineers. Councilman Sherratt reported no decision had been made by the Beach Erosion Committee as to a test area, however he requested the City Manager to prepare a report for the Committee on possible funding from Reclamation District assessments for beach retention. Councilman Beckam commented on the use of the "Alameda City Report" and the news media in providing information to the public on the progress of the implementation of the Goals Study. He suggested a short paragraph be included in each issue of the Report as a running commentary on accomplishments of the Goals, with a periodic report to the Council for publication in the news media and transmittal to the Task Force Chairmen. Mrs. Selina Faulhaber, 1838 Ninth Street, noted the letter of the League of Women Voters suggested a committee be formed, composed of members chosen by the Task Forces and community organizations, to follow up on implementation of the Goals. President Corica reported the City Council had made a commitment to implement the Goals Study, and it was his opinion there was no need for such a committee at this time. He asked the members of the Council to consider a date for a meeting of the Goals Study Task Forces. 22. From the City Engineer reporting on architectural barriers at stores. President Corica noted a survey had been made of supermarkets for access by the handicapped in wheelchairs. He reported the formation of a Committee for the Handicapped which would be charged with exploring methods of easing problems with physical barriers, and the members of the initial Committee would be Mrs. Josephine Bixler, Ms. Maureen Courneen, Mr. Mel Kahn and Mrs. Nora Murphy. 23. Councilman Beckam inquired if Mrs. Faulhaber's letter to the Design Review Board concerning improvements of single-family dwellings had been answered. Planning Director Patterson stated he had replied to the communication, and Mrs. Faulhaber indicated she had received his reply. NEW BUSINESS: 24. Councilman Hurwitz requested a commendatory resolution for Police Officers O'Connell, Fernandez, Keenan and Vallerga be prepared for consideration at the next reuglar meeting of the City Council. 25. Councilman Diament expressed her concern about the lack of Recreation staff at the Makassar Housing Project. She said it had been her understanding an ongoing program was to be maintained pending completion of the Northside Park. The City Manager was requested to investigate the matter and to contact the Housing Authority concerning a sharing of costs. 26. President Corica again commented on the backlog of Planning Board minutes. RESOLUTIONS: 27. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8423 Designating Housing Authority of the City of Alameda as Public Housing Authority for Purposes of Making Application for and Administration of Section 8 Existing Housing Assistance Payments 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. Councilman Hurwitz inquired regarding the status of the report on the Council taking over the functions of the Housing Authority. The City Manager replied it was in the process of preparation. 28. The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution No. 8424 Increasing Membership on the Alameda Housing Authority Commission." 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. 29. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8425 Appointing Member of the Recreation Commission." (W. Lance Russum) 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. 30. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8426 Appointing Member of the Recreation Commission." (Mrs. Gertrude B. Woods) 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. 31. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8427 Appointing Member of the Golf Commission," (Anthony J. Bertero) 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. On request, the City Clerk administered the Oath of Office to Mr. BerterO, 32. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution N0. 8428 Appointing Member of the City Planning Board," (Philip H. Long) The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: FiYe, Noes: None. Absent: None. 33. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No, 8429 Resolution of the Council of the City of Alameda in Commendation of LaVerne F. Randall, Commercial Manager of the Bureau of Electricity and Secretary to the Public Utilities Board." The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the following roll cal] vote. Ayes: Five. Noes; NOn2, Absent: None. 34. The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution No. 8430 Authorizing Execution of Agreement with Wyle Laboratories in Connection of Preparation of Noise Contours and Related Consulting Services." 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. 35. The following resolution was introduced by Councilman Dfament, who moved its adoption: "Resolution No. 8431 Authorizing Execution of Addendum to Contract for Architectural Services with Ratcliff, Slama and Cadwalader Concerning Police Headquarters Building." The motion to adopt said resolution was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: N0n2, The President declared the foregoing Resolutions adopted. ORDINANCES FOR PASSAGE: 56. "Ordinance No. New Series Amending Subsections (a), (b), (c) of Section I5-62I0 of Alameda Municipal Code Relating to Rates for Collection of Garbage and Refuse." Councilman Beckam moved the ordinance be passed as submitted. The motion was seconded by Council- man Sherratt. There followed a discussion of revenue paid to the City by the Alameda Disposal Company in their operation of the City Dump and from the collection of garbage, and the possibility of a renegotiation Of the terms of the franchise agreement. 19 On a call for the question, the motion failed to carry on the following roll call vote. Ayes: Councilman Sherratt, (1). Noes: Councilmen Beckam, Diament, Hurwitz and President Corica, (4). Absent: None. President Corica suggested representatives of the Alameda Disposal Company meet with City staff and the City Council to see what could be worked out. Mr. Randal F. Dickey, Jr., Attorney for Alameda Disposal Company, indicated their willingness to do so. President Corica asked the members of the City Council to submit, in writing, to the City Manager the points and questions which they wished to discuss at the meeting. It was directed the Ordinance be placed on the agenda for the adjourned regular meeting to be held Thursday, October 23, 1975, for further discussion. 37. "Ordinance No. 1773, New Series Authorizing Purchase of Real Property from State of California (Director of Transportation) for Sum of $16,000,00 (Excess State Properties by Bay Farm Island Bridge)." 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. 38. "Ordinance No. 1774, New Series Amending Certain Portions of the Alameda Municipal Code Relating to Traffic Regulations." President Corica reported a request had been received from Mr. Wayne Peace, President of Alameda Federal Savings, that consideration of the ordinance again be deferred. Following discussion, Councilman Beckam moved the ordinance be introduced and passed as submitted, with deletions of subsections referred to Otis Drive and Willow Street. The motion was seconded by Councilman Diament and carried on the following roll call vote. Ayes: Five. NOes: None. Absent: None. It was noted this ordinance would become effective immediately. It was directed an ordinance be prepared covering the deleted portions for consideration at the adjourned regular meeting to be held October 23, 1975. BILLS: 39. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $177,699.59, was presented to the Council at this meeting, The List was accompanied by certification from the City Manager that the claims shown were correct. Councilman Beckam moved the bills as itemized in the List of Claims filed with the City Clerk on October 7, 1975, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded by Councilman Hurwitz and on roll call carried by unanimous vote. ORAL COMMUNICATIONS, GENERAL: 40. Mrs. Dorothy Allen, 1020 Pacific Avenue, requested she be furnished with a copy of the Housing Authority's application made under Section 8. She was advised a copy was on file in the office of the City Manager. Councilman Hurwitz requested the Housing Authority he asked to notify its tenants that applications were being accepted to serve on the Commission. 41. Mrs. Joy Johnson, 2146 San Antonio Avenue, thanked the City Council for acting so quickly on the application for rehabilitation funds for Housing Authority units. She also expressed her appreciation to Councilman Sherratt for his appearance at the Housing Authority office to speak with the tenants. FILING: 42. Agreement with Wyle Laboratories - Preparation of Noise Contours and Related Consulting Services. 43. Addendum to Contract for Architectural Services with Ratcliff, Slama and Cadwalader Concerning Police Headquarters Building. 44. Agreements with John Tremoulis and Elaine Costello for Personal Services (Associate Planners under HUD 701 Program) ADJOURNMENT: 45. There being no further business to come before the meeting, the Council adjourned to assemble in adjourned regular session on Thursday, October 23, 1975, at 7:30 o'clock p.m. Respectfully submitted, City Clerk