1975-10-23 Regular CC Minutes20
ADJOURNED REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD THURSDAY - - - - - - OCTOBER 23, 1975
The meeting convened at 7:30 o'clock p.m. with President Corica presiding. The Pledge of
Allegiance was led by Councilman Diament and was followed by an Invocation delivered by the
Reverend Russell E. Palmer, Pastor of the First Christian Church,
ROLL CALL:
The roll was called and Councilmen Beckam, Diament, Hurwitz, Sherratt and President Corica,
(5) were noted present, Absent: None.
MINUTES:
1. The minutes of the special meeting held September 30, and regular meeting held October 7,
1975, were approved as submitted,
WRITTEN COMMUNICATIONS:
2. From Mrs. Carol Heche, 1521 Union Street, suggesting commercial development of properties
adjoining Estuary.
President Corica reported the major property owner on the Estuary, Calpak properties, was attempting
to sell their property; and the City was currently working with them to get a master plan developed
for the area.
The communication was referred to the file, with a copy of the letter and its attachments to be sent
to representatives of Calpak properties.
3. From Mrs. Mary Cappa, 314 Brush Street, concerning flood condition of area.
On request City Engineer Hanna stated the real problem was that the property was built upon many
years ago and the original shoreline had been very close to this particular house, and that
subsequently, the marshlands to the north were filled. He stated the area was served by the North-
side Storm Sewer and at least once a year severe rains and floods occurred in the area, He said it
was evident a number of years ago that the City could not handle the problem without incurring
tremendous expense, however a pump had been installed near the northeast corner of Woodstock School
to serve a line to the storm sewer at the east end of Brush Street. This additional pump, he said,
had somewhat alleviated the problem. He said the subject property was low by comparison with the
street, whereas virtually all surrounding properties had been raised and did not flood.
Mr. Hanna reported that in past years City crews had pumped out the water from the basement of the
property, and in March, 1975, he had directed a letter to Mrs. Cappa suggesting she do something
about protecting her property from the flooding from the street, and recommending she install an
automatic sump pump. He said Mrs. Cappa had taken no action and he had recently asked the Main-
tenance Supervisor to remind her that the City would not be pumping her basement out this coming
season. He noted the City had no responsibility for the improvement of Brush Street in the immediate
vicinity.
Mrs. Cappa stated she had lived at 314 Brush Street since 1921. She reviewed the efforts made by
herself and the City crews since that time in removing flood water from her property. She reported
that all sides of the property, except the west street side, had been raised and it was from this
point the water flowed onto her property, and into her basement. She maintained it was the respon-
sibility of the City to deter the flooding conditions as they had not existed prior to the marsh-
lands being filled.
Following discussion, the City Engineer was requested to investigate the possibility of constructing
some type of retaining device to protect the subject property from flooding.
Councilman Beckam recalled a previous discussion involving flooding at which time it had been
requested that the Alameda County Flood Control District be asked for a report assessing needs
for flood control throughout the City. The City Manager was asked to follow up on this request.
Mrs. Inez Kapellas, 1128 College Avenue, recalled previous complaints made by Mr. Frank Gottstein
concerning the flooding conditions at the north end of Webster Street.
4. From Whitney, Hanson and Stonehouse, signed by Attorney James A. Stonehouse, regarding preser-
vation of the Post Office building for City use.
President Corica noted the communication had been written at the request of Mr. Robert Lippert and
expressed a concern that the interests of the taxpayers of Alameda be considered in evaluating any
action to sell or lease the property. President Corica stated residents should rest assured the
City Council would act in their best interests in the matter.
The letter was referred to the file.
5. From Mrs. Valerie Samelson, 3292 Sterling Avenue, protesting proposed ordinance requiring
property owners to assume responsibility for maintenance of sanitary sewer laterals.
President Corica reported that at the special meeting held September 11, 1975, the Council had
reviewed various proposals to increase miscellaneous City charges and fees; the recommendations made
at that meeting were not final and were still under study,
21
Mrs. Samelson presented a petition signed by 295 residents requesting the proposed ordinance not
be passed. She was advised this would be considered at such time as the matter was again before
the Council.
REPORTS AND RECOMMENDATIONS:
6. From the City Manager requesting allocation from the Contingency Fund for the preparation of
an addendum to the Safety Element and EIR for combined Seismic Safety/Public Safety Element, and
authorization to select consultant and execute contracts for the two projects.
Councilman Hurwitz moved acceptance of the report and approval of the recommendations. The motion
was seconded by Councilman Sherratt and on voice vote carried unanimously.
7. From the City Manager recommending an extension of time of one year for completion of improve-
ments in Tract No. 3559 (Garden Isle - Last Phase 57 units).
President Corica noted there was no staff objection to the request.
Councilman Hurwitz moved acceptance of the report and approval of the recommendation. The motion
was seconded by Councilman Sherratt and on voice vote carried unanimously.
8. From the City Manager regarding restaurant concessions at the Municipal Golf Courses.
President Corica reported Mr. and Mrs. Frederick Leitz were presently operating the restaurant and
had agreed to put in a cocktail lounge and expand the menu items offered by the restaurant, both of
which would enhance the operation and provide additional revenue to the City.
Mrs. Sandra Blaisdell, 1115 College Avenue, objected to the sale of alcoholic beverages at the
concessions.
Councilman Hurwitz moved acceptance of the report. The motion was seconded by Councilman Beckam
and carried unanimously on voice vote.
There being no objection, the meeting proceeded to "Resolutbns".
RESOLUTIONS:
9. - The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No, 8432
Authorizing Execution of Agreement Between City and Frederick W,
Leitz and Joanna Leitz Relating to Operation of Restaurant
Concession at Municipal Golf Courses,"
The motion to adopt said resolution was seconded by Councilman Hurwitz and carried on the following
roll call vote. Ayes: Five. Noes: None. Absent: None.
The meeting returned to the regular order of business.
REPORTS AND RECOMMENDATIONS:
10, From the Golf Advisory Commission recommending the application for an On-Sale General Alcoholic
Beverage Permit.
Councilman Beckam moved acceptance of the report and approval of the recommendation. The motion
was seconded by Councilman Sherratt and on voice vote carried unanimously.
11. From the Assistant City Manager regarding garbage rates.
Assistant City Manager Creagh reviewed his written report of October 17, 1975, He noted the Council
had instructed him to prepare a further analysis of the garbage rate increase request of the Alameda
City Disposal Company and to meet with representatives of the company to discuss (1) the possibility
of a reduction in the garbage rate increase requested, (2) methods to increase revenue return to the
City, and (3) the possibility of the disposal company's providing additional or new services for
customers without an increase in the collection rates.
Mr. Creagh reported that after several meetings with representatives of the disposal company, their
position on the issues was as follows: (1) a reduction in the rate increase requested was unacceptable,
(2) the company would agree to the City's raising the cubic yard dump rate, with the resultant
increase in revenue to be returned to the City, and (3) with few exceptions, the company was unwilling
to provide new services for customers without a corresponding increase in rates to cover increased costs.
Mr. Creagh said little progress had been made on an agreeable solution. He stated the disposal
company was not agreeable to reducing the rate to an amount lower than they had requested, based upon
their concern that a 5°/ net profit return was reasonable to them and one which had been traditionally
allowed in previous years. However, he said, the company had indicated they would be agreeable to
increasing a return to the City in the form of agreeing to a modification of the franchise agreement,
wherein the cubic yard truck dump rate would be raised from .50¢ to $1.00 per cubic yard with the
amount of increase going to the City. It was estimated this woui produce approximately $20,000 to
$25,000 in additional revenue to the City. He reported with respect to additional services, a tentative
agreement had been reached to place an occasional neighborhood dropbox to allow residents to deposit
rubbish and such materials. Also discussed had been a modification of the collection system to
curbside service, and he asked the Council for direction in this regard.
Discussion followed concerning the percentage of profit to the disposal company, the percentage
paid to the City, working hours of disposal company's employees, the authority vested in the
Council to establish the garbage rate with the option of applying the rate to a one-year period,
the dump site furnished by the City, the new building housing the disposal company operation,
the company trucks driven by disposal company personnel, a senior citizen rate, and a rate to
residents desiring limited service.
Councilman Hurwitz stated that he was unalterably opposed to curbside service. He asked if
there was a legal obligation for previous Councils' actions in allowing the disposal company
to show a net profit after taxes of 5% of gross revenues. City Attorney Stroud replied no
binding action had been taken.
Mr. Randal F. Dickey, Jr., Attorney representing Alameda City Disposal, referred to his letter of
October 22, 1975, copies of which had been distributed to Council members. With regard to
Councilman Diament's suggestions of a senior citizen rate and a rate for limited service, he
stated these would be difficult programs to administer. As to the working hours of disposal
company employees, he said they worked on an incentive basis. He alleged no comparison should
be made with rates charged in communities having a higher commercial collection. He noted San
Francisco was increasing its collection rate to $3,65, and stated the rate charged by the
disposal company was one of the lowest in the Bay Area, as was their rate of return.
Mr. Wesley F. Suman, Accountant for Alameda City Disposal, stated the new building was constructed
from borrowed money and a portion of its cost was charged to operations each year by way of a
depreciation provision. He said the effect on the garbage rate was minimal. He referred to his
letter of October 22, 1975, addressed to Attorney Dickey, copies of which had been distributed to
members of the Council, and noted the disposal company had not agreed that its percentage of net
income should be directly related to the income the City received from the franchise agreement.
He said it was the company's position that 5% was the minimum percentage of gross revenues which
could be considered a fair return to the company and that it seemed unreasonable of the City to
receive 5% of all gross revenues resulting from the increased collection rate while maintaining
the Company was not entitled to a similar 5%. He stated the City was guaranteed its percentage
'Off the top" for doing little or nothing whereas the company, which must manage, finance, operate
and take all the risks, was not guaranteed a net income no matter what percentage it might be,
Mr. Suman stated the Assistant City Manager, in his report, referred to the franchise payments
over the last calendar year as amounting to 3.9% of gross revenues. He said, based upon a $3.55
collection rate the anticipated average annual gross revenues of the company would be $1,713,000.
Mr. Suman noted that, assuming the truck dump rates were increased to $1.00 per cubic yard and
the City received the excess over the $26,000 per year, the estimated average annual revenues
to the City would be 5105,050, or 6.19% of gross revenues of $1,713,000,
Councilman Hurwitz stated that while he thought the percentage paid to the City was important,
he felt it was more important to consider the 31% increase which would be charged to the
customer.
The following persons spoke on the issue; Mrs. Inez Kapellas and Mr. Leon F. Corcos.
At the conclusion of discussion, Councilman Beckam moved the rates for collection of garbage and
refuse be fixed at (a) $3.30 per month for one collection per week of one thirty gallon, or
smaller, garbage receptacle, per dwelling unit; (b) $2.75 per month for each additional such
receptacle collected at the same time, and (c) refuse and rubbish removal at the rate of S3.30
per cubic yard; the rates fixed cover the period commencing October 1, 1975, and ending June 30,
1976; to be reviewed upon completion of additional investigation with a report to be made in no
later than two months. The motion was seconded by Councilman Hurwitz and carried on the
following roll call vote. Ayes: Councilmen Beckam, Hurwitz and Sherratt, (3). Noes: Council-
man Diament and President Corica, (2), Absent: None.
There being no objection, the meeting proceeded to "Introduction of Ordinances'.
INTRODUCTION OF ORDINANCES:
12. 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 Subsections (a), (b) and (c) of Section 15-6210 of the
Alameda Municipal Code Relating to Rates for Collection cf Garbage
and Refuse."
The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes:
Councilmen Beckam, Hurwitz and Sherratt (3). Noes: Councilman Diament and President Corica, (2),
Absent: None.
A ten-minute recess was called. Upon reconvening, the meeting returned to the regular order of
business.
REPORTS AND RECOMMENDATIONS:
13. From the City Manager transmitting proposal to employ MKGK to prepare an EIR for the Community
Master Plan - Harbor Bay Isle,
2 3
President Corica noted this report would be considered at the next regular meeting of the City
Council on November 4, 1975,
14. From the Recreation Commission endorsing recommendation of the Mayor's Ad Hoc Finance Committee
to increase the Dwe-ling Unit Tax from $150 to $450.
Councilman Hurwitz moved acceptance of the report. The motion was seconded by Councilman Sherratt
and carried unanimously on voice vote.
UNIFNISHED BUSINESS:
15. Presentation by Mr. H,W. Chamberlain, 1253 Hawthorne Street, concerning the North Shore
waterfront.
Mr. Chamberlain commented on the recent increase in property taxes. He stated he believed the City
Council had the means to increase the tax base now, to forestall further tax increases, by encouraging
the well planned development of Alameda's shoreline properties, particularly on the North Shore area.
He stated he had discussed this matter with previous Councils and with a number of residents of the
community, and it was their recommendation a Mayor's Ad Hoc Committee be formed to research the
establishing of a Port Authority or Advisory Waterfront Commission. He noted the following persons
had expressed an interest in serving on such a committee: Frederick Cunningham, John Fenstermacher,
Donald Gehb, L.F. Randall, Mrs. Lee Volmer, Wayne Milani, and himself.
President Corica again stated the City was presently working with the owners of the Del Monte proper-
ties in order to get some type of master plan developed for the area; and this plan would then be
reviewed by the Planning Board and the City Council, He said he did not feel this was the proper
time to form such a committee, because of the ongoing negotiations. After the plan had been reviewed,
consideration might be given to the formation of a citizens' group and he knew of other persons who
had expressed an interest in serving on such a committee.
There followed a lengthy discussion of the makeup of the proposed committee and the scope of its
research, at the conclusion of which Councilman Hurwitz moved consideration of the request be
continued to the regular meeting of November 18, 1975. The motion was seconded by Councilman
Diament and carried unanimously on voice vote.
Mr. Joseph Sullivan, 831 Laurel Street, stated she would like to serve on the committee, if formed.
16. Councilman Hurwitz asked when the appointments of a tenant and senior citizen tenant to the
Housing Authority would be considered.
It was the consensus of the Council that the non-senior citizen tenant would be appointed at the
regular meeting of November 18, 1975, and the second appointment would be held up pending completion
of the Park-Otis senior citizen complex.
17. Councilman Sherratt announced the Beach Erosion Committee would meet on October 24, 1975.
18. Councilman Sherratt inquired regarding the status of the report from Personnel on step raises
for part time employees in connection with the request of the Crossing Guards. He was advised
by the City Manager the report was being prepared,
19. Councilman Diament asked when the report on the lack of Recreation staff at the Makassar
Housing Project would be forthcoming, The City Manager reported he and the Recreation Director had
discussed the matter and there were some problems in developing a program, however this would be
pursued further.
20. Councilman Hurwitz inquired as to the possibility of consolidating questions concerning Charter
changes with the School District election on March 2, 1976.
President Corica suggested members of the Council submit their recommendations concerning amendments
to the City Charter to the City Manager as soon as possible.
Mrs. Inez Kapellas, speaking on behalf of the Save Alameda High School Committee, stated she had
transmitted a letter to the Council, which would appear on the agenda for the regular meeting of
November 4, 1975, requesting that the Council, on its own motion, place the question of the
rehabilitation ore rebuilding of Alameda High School on the March 2 ballot. She said the Committee
was also interested in a Charter Amendment limiting the authority of the Board of Education.
NEW BUSINESS:
21. Councilman Sherratt complained of the lack of available parking in the public portion of the
City Hall parking lot.
The City Manager was requested to investigate the complaint.
RESOLUTIONS:
22. The following resolution was introduced by Councilman Diament, who moved its adoption:
"Resolution No. 8433
Resolution of the Council of the City of Alameda in Commendation of
Police Officers Mark O'Connell, Edward Fernandez, Randy Keenan and
Mark Vallerga."
On request, the City Clerk read the resolution in full.
The motion to adopt said resolution was seconded by Councilman Beckam and carried on the following
roll call vote. Ayes: Five' Noes: None, Absent: None.
23. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution N0.8434
Authorizing Application to the Public Utilities Commission of the
State of California for an Allocation to the City of Alameda in
the Amount of 59,825,0O from the Grade Crossing Protection Fund."
The motion to adopt said resolution was seconded by Councilman Hurwitz and carried on the following
roll call vote. Ayes: Five. Noes: NVne, Absent: None,
The President declared the foregoing resolutions adopted,
ORDINANCES FOR PASSAGE:
24, "Ordinance N0.
New Series
Amending the Alameda Municipal Code by Amending Section 17-333
Thereof, Relating to All Time and Limited No Parking."
President Corica reported a request had been received from the City Engineer and Mr. Wayne Peace,
President of Alameda Federal Savings, that consideration of this item be held over to the regular
meeting of November 4, 1975,
Councilman Sherratt moved approval of the request for continuance, The motion was seconded by
Councilman Hurwitz and carried unanimously on voice vote.
BILLS:
25. An itemized List of Claims and Supplemental List of Claims against the City of Alameda and
the Departments thereof, in the total amounts of $86,399`99 and $1,500.00 were presented to the
City Council at this meeting,
The Lists were 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 and Supplemental List of
Claims filed with the City Clerk on October 23, 1975, and presented to the City Council at
this meeting, be allowed and paid. The motion was seconded by Councilman Diament and on
voice vote carried unanimously,
ORAL COMMUNICATIONS, GENERAL:
25.' Mr. Leon F. Corcos, 3125 Bayo Vista Avenue, asked if there were any new development
concerning the abandonment of the Alameda Belt Line tracks along Atlantic Avenue.
The City Manager stated he had no recent information on the subject.
FILING:
27, Agreement Between City and Frederick W. Leitz and Joanna Leitz - Operation of Restaurant
Concession at Municipal Golf CnurseS,
ADJOURNMENT:
28. " There being no further business to come before the meeting, the Council adjourned in respect
to the memory of former Assembly RANDAL F. DICKEY, to assemble in regular session on Tuesday,
November 4, 1975, at 7:30 o'clock p.m,
Respectfully submitted,
City Clerk