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1975-12-16 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - DECEMBER 16, 1975 The meeting convened at 7:30 o'clock p.m. with President Corica presiding. The Pledge of Allegiance was led by Vice Mayor Beckam and was followed by an Invocation delivered by the Reverend Wilfred Hodgkin, Rector of Christ Episcopal Church. ROLL CALL: The roll was called and Councilmen Beckam, Diament, Hurwitz, Sherratt and President Corica, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held December 2, 1975, were approved as submitted. There being no objection, the meeting proceeded to "Resolutions". RESOLUTIONS: 2. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8451 Appointing Commissioner of the Housing Authority of the City of Alameda." (Mrs. Elector Littlejohn) 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. On request, the City Clerk administered the Oath of Office to Mrs. Littlejohn. The meeting returned to the regular order of business. WRITTEN COMMUNICATIONS: 3. From Alamedans with HOPE, signed by Dr. Robert Bolton, Corresponding Secretary, and from the League of Women Voters, signed by Ms. Jan Kaufman, President, and Ms. Selina Faulhaber, Alameda Local Government Chairman, concerning public participation in the preparation of an application for HCDA funding. President Corica reported the Housing and Community Development Act required that the city provided an opportunity for citizens to obtain information about the Act and offer input. He noted that the Act provided no less than two public meetings be held, however five hearings would be held on the following dates: January 6, 1976, before the City Council; January 8, 1976, at the Park-Otis Senior Citizen Housing Complex Community Room; January 7, 1976, at Esperanza Day Care Center; January 20, 1976, before the City Council; and February 17, 1976, before the City Council to provide citizen review of the final application before submittal to HUD. 4. From Alamedans with HOPE, signed by Dr. Robert Bolton, Corresponding Secretary, regarding the Housing Element of the General Plan. President Corica stated the public hearing required by law for the Housing Element was scheduled before the Planning Board on January 15, 1976, after which it would be set for an additional public hearing before the City Council. 5. From Mr. Fred E. Laughlin, 924 Versailles Avenue, concerning operation of the Bureau of Electricity. President Corica noted Mr. Laughlin's request that a Citizens Committee be appointed to investigate the allegations of himself and others of excessive electricity rates and unsatisfactory operation of the Bureau of Electricity. He said it was his opinion the questions should be addressed to the Public Utilities Board and if the answers received by Mr. Laughlin were not to his satisfaction, he might then come back to the Council. President Corica read a letter written to Mr. Laughlin by Mr. B.A. Kronmiller, President of the Public Utilities Board, inviting his attendance at their Board meeting of December 15, 1975, so proper answers and/or material could be made available to him. Mr. Laughlin stated his request to the Council was not done without considerable study, and it was the opinion of the group which he represented that the city might be better served by not owning its own electrical distribution system. He restated the allegations set out in his communication and its attachments. He said he was willing to return to the Public Utilities Board in an effort to obtain satisfactory answers to his questions, but would hope he could return to the Council if the answers were unsatisfactory. Councilman Hurwitz noted the seriousness of the questions which had been raised. He said he too had wondered whether it was to the advantage to the City to have its own public utility. He asked the City Manager to prepare a written comparison report as to what would or would not be gained by going to PG&E and abandoning the Bureau of Electricity. 45 Mr. Goss suggested that hopefully the information which Councilman Hurwitz requested would be forthcoming as a result of Mr. Laughlin's meeting with the Public Utilities Board. Councilman Beckam concurred with Councilman Hurwitz' request. He noted PG&E has proposed a rate increase which, if granted by the Public Utilities Commission, would increase residential domestic bills by 14.9%. He recalled a recent work session concerning the undergrounding of utilities at which time the Council had been advised no funds were availble for this purpose. He noted PG&E had a Rule 20 mechanism through the Public Utilities Commission for undergrounding which was included within their present rate, and provided that funds raised from rates charged over the whole area be used for projects within the area. Mr. L.H. Pederson, 1807 Wood Street, questioned the new billing which indicated an amount charged for fuel costs. The City Manager explained a changeover to a more efficient billing system which itemized in more detail the content of the bill. He stated this was not an additional charge and was also charged by PG&E, although not specifically set out in their billing. Mr. John Hand, 1617 Gould Court, expressed his disagreement with the concept of rate increases to solve problems, and suggested other means be investigated. 6. From Arbor Development Company, signed by Mr. George R. Thenn, Jr., submitting appeal from the action of the City Planning Board concerning PD 74-4 (Rancho Bahia). President Corica reported the ordinance governing Planned Developments contained no appeal provision from the decision of the Planning Board. He stated the Council had previously requested the City Attorney to draft an amending ordinance to allow such an appeal to the City Council, and City Attorney Stroud reported the ordinance would be before the Planning Board in January, 1976. Mr. Greg Silva, 1094 Melrose Avenue, co-owner of the property, reviewed the project as presented to the Planning Board. He said they were petitioning the Council to compel the Planning Board to allow a feasible lot and block development in a Planned Development zone, or, in the alternative, to ask the Planning Board to redefine its policy decision with respect to public streets. He questioned if they might hold their appeal in abeyance until such time as the Council had considered the amending ordinance. City Attorney Stroud stated there had been problems with the application other than those alluded to by the applicant. He said there might be a policy problem concerning public versus private streets which the Council might wish to take up with the Planning Board. However, he reported, there was no legal action which the Council could take at this time to override the decision of the Planning Board. 7. From Alameda City Disposal, signed by Mr. Lawrence Canepa, President, concerning garbage and refuse disposal. President Corica stated this communication would be held over and considered in connection with the report of the Assistant City Manager on the subject. 8. From the Alameda Chamber of Commerce, signed by Mr. Donald W. Lindsey, President, regarding parking meter bands. President Corica stated this letter would be received as a statement of the position of the Chamber of Commerce, REPORTS AND RECOMMENDATIONS: 9. From the City Manager submitting request of the Chamber of Commerce for an allocation of funds to assist in promotion of the Professional Bowlers Association Tournament, and making recommendation. President Corica reported the Professional Bowlers Association would hold its annual tournament in Alameda in January 1976 at Mel 's Bowl. Mr. Donald W. Lindsey, President of the Alameda Chamber of Commerce, stated the management of Mel s Bowl had requested financial assistance in the amount of $1200 in the promotion of this event and the Alameda County Women's Bowling Association Tournament to be held in March 1976. He said the Chamber felt the request was justified in that the January tournmanet would be nationally televised, well attended, and would bring dollars into the city. He stated approximately S38,000 had been received by the city during the calendar year as a result of the Transient Occupancy Tax and this request fell within the purview for which the tax had been enacted. On question, he said $1,000 would be used to promote the January tournament and $200 would be used for the March event. Councilman Hurwitz noted the city had allocated $60G the previous year to promote the PBA tournament and asked the purpose for the additional request. Mr. Harry Potter, Chamber General Manager, reported the City of Oakland had provided a banner in 1975 which advertised its Chamber of Commerce, and had hosted the news media. He said it was felt the event should be exclusively sponsored by the City of Alameda in 1976. Councilman Hurwitz said in an effort to conserve funds, the would move approval of an allocation of $600 as recommended by the City Manager. The motion died for lack of a second. Councilman Diament moved approval of the requested $1200 allocation, to be paid from the Contingency Fund, on the basis that it would generate additional revenue to the city. The motion was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Four. Noes: Councilman Hurwitz, (1). Absent: None. 10. Consideration of the Final Report of the Mayor's Ad Hoc Finance Committee, 46 President Corica stated the Committee had made recommendations relating to the Business License Tax, Dwelling Unit Tax and a Sewer Service Charge, and these recommendations would be considered separately. Business License Tax: President Corica reported the Committee recommended an increase of five times the present tax amount in all categories, excepting those relating to bankrupt sales, circuses, carnivals and fairs, newsstands, public dances, scissor grinders and taxicabs. He said he personally felt this was too high. Councilman Beckam noted two written communications had been received this date on the subject, and prior Council requests for reports concerning the General Revenue Sharing Program and city expenditures should be forthcoming in January, hopefully not later than the second meeting of that month. He said he would prefer to defer the total report of the Committee to a consideration of funds for next year. Mr. John Beery, Mariner Square, said it was his opinion the city business taxes were too low and he would favor an increase of two and one-half times the present amount. He stated he had read the Committee report which did not take into consideration competition from the neighboring cities of Oakland, Hayward and San Leandro. Mrs. Lola Bennett, a member of the Committee, reported they had spent fifteen weeks in evaluation prior to making their recommendations. She said that she, as a Real Estate Broker, would agree an increase in the tax was a necessity. Mr. Dick Young, owner of Pacific Motor Parts, said he would also agree a reasonable increase was in order, however would oppose a three or five hundred percent increase and it might cause larger industries to move out of the city. Mr. Joseph Sullivan, a member of the committee, urged the Council to take action on the matter at this time. Mrs. Inez Kapellas expressed her opposition to a sewer service charge. Mr. Donald Lindsey reported the average business in Oakland paid $41.44, San Leandro paid $44.86, and 20 communities analyzed averaged $45.20 per business. He noted that a number of communities taxed business on a gross receipts basis and Walnut Creek had an alternative tax based on the number of employees. Following discussion, it was the decision of the Council, with Councilman Beckam voting nay, to act on the matter at this meeting. At the conclusion of lengthy discussion, Councilman Diament moved an increase in the business license tax of four times in the category of rentals, and three times in all other categories, except those noted by the Committee, with an alternative for percentage of gross receipts. The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Three, Noes: President Corica, (1). Abstaining: Councilman Beckam, (1). Dwelling Unit Tax: President Corica noted the Committee's recommendation was to raise this tax from $150 to $450. Mr. Donald Lindsey said he did not see how an increase would generate any large amount of addi- tional revenue because fewer dwellings were being constructed at this time. Mr. John Barni, Sr. asked if the tax would be applied to units constructed by Braddock and Logan and Harbor Bay Isle Associates, and if it would also apply to condominium conversions. The City Manager replied it would apply to Braddock and Logan units, however the question of its application to new construction by Harbor Bay Isle Associates had not as yet been determiDed. As to whether Or not it would apply to condominium conversions, the City Attorney stated it would not under the provisions of the present OrdiOdDce. In response to a direct question put by Mr. Barni, the City Engineer stated it was his opinion the tax should not apply to condominium conversions as the units were already in existence and the only change was in ownership. Mr. Joseph Sullivan suggested the recommended tax be applied to conversions. Following further discussion, Councilman Sherratt moved adoption of the Committee's recommendation to increase the Dwelling Unit Tax to ¢450. The motion was seconded by Councilman Beckam and carried unanimously on roll call VOte, Councilmen Diament and Hurwitz suggested a report on the pros and cons of covering condominium conversions be prepared by either the City Engineer or Recreation Department, as they would like to see this taken into consideration in the application of the tax. Sewer Service Charge: President Corica reported this would be a new tax and the Committee had recommended a charge of $1 per month, with the City Manager recommending .50d; per month. Councilman Hurwitz said he felt a sewer service charge was much the same as a sales tax which he found odious and he would oppose it for this reason. Councilman Sherratt noted that in imposing the charge the city would continue to maintain sewer laterals and he felt the charge would be less of a burden on the property owner than the responsi- bility for maintaining the laterals. Councilman Beckam expressed his agreement with Councilman Sherratt's statement. He pointed out that the Alameda County Flood Control District would make a study of the city and determine problems and probable cost. He moved enactment of a sewer service charge of ,5O per month, with the city maintaining sewer laterals within the public right of way. The motion was seconded by Councilman Diament. President Corica said he agreed with Councilman Hurwitz and was against a sewer service charge. Mr. Joseph Sullivan spoke in favor of the charge and Mrs. Inez Kapellas spoke in opposition. On a call for the question, the motion carried on the following vote. Ayes: Three. Noes: Council- man Hurwitz and President Corica, (2), Absent: None. 11. From the City Manager recommending an extension of time until July 16, 1976, for the completion of improvements in Parcel Map No. 1458 (four-unit condominium conversion at 1233 Broadway - Alameda Associates and Leonard Angus). Councilman Sherratt moved acceptance of the report and approval of the recommendation. The motion was seconded by Councilman Hurwitz and carried unanimously on voice vote. 12. From the Social Service Board, signed by the President, expressing appreciation for Council action authorizing an application for funding of the Senior Citizens Transportation Assistance Program. Councilman Sherratt moved acceptance of the report. The motion was seconded by Councilman Beckam and on voice vote carried unanimously. A ten-minute recess was called. Upon reconvening, the meeting continued with the regular order of business. 13. From the City Manager regarding Police Headquarters. Police Lieutenant Wood recalled previous Council direction to proceed with the construction of a new facility on the City Hall parking lot. He said approval was needed at this time of the building design criteria and floor plan layout so the project might proceed. He said that taken into their consideration of the project had been site restrictions, parking and the limited budget. He stated the project had been presented to the Planning Department and Design Review Board and an attempt had been made to incorporate their suggestions where feasible. Utilizing a slide presentation, Mr. Burns Cadwalader, project architect, reviewed the project. He reported it would include 22,000 square feet of enclosed building space with the possibility of a 5,200 square foot addition. He said the estimated basic building cost was now $1,430,000 as against $1,324,000 in September, 1975. He stated the difference was primarily in the EOC costs and a few structural and water control requirements which had been found when the soil borings had been done. He noted the city was now applying for EOC funding assistance from the Federal Government and, if successful, this would lower the city's cost of the basic building structure to about the September estimate. He said the estimate included $100,000 for escalation and roughly $100,000 as a contingency. He said the rough-in of the expansion space was estimated at $75,000 and a decision would be made with the city near the bid time when it would be determined whether or not this could be afforded. He noted the estimate did not include the communications system, furniture or equipment. Mr. Cadwalader said if design approval was given, they would expect to complete the construction documents by mid-April, 1976, and complete construction by June, 1977. Councilman Sherratt questioned the purchase of additional property on Lincoln Avenue for use as a parking site. Lieutenant Wood said the property had been appraised along with the appraisal work done on the project site, the owner had been contacted and an offer made. He said it was their intent to consummate that purchase as rapidly as possible and develop the lot for parking before the City Hall parking lot was disrupted. He estimated approximately 50 cars could be parked on the lot. He said an offer had also been made to the property owner of the project site who had engaged an attorney to act on his behalf. On request, Mr. Cadwalader pointed out the recommendations of the Design Review Board as set out in the minutes of their meeting of December 8, 1975. He noted it would be necessary to apply for a setback variance on the Oak Street side of the project. Following discussion, Councilman Sherratt moved acceptance of the report, approval of the prelim- inary design of the building and authorization be given to proceed with the project. The motion was seconded by Councilman Diament and carried unanimously on voice vote. 14. From the Assistant City Manager regarding garbage rates. Assistant City Manager Creagh referred to his report of December 9, 1975. He said if the Council wished him to proceed to pursue the idea of retaining expert consultant assistance, he would request a postponement of two months. He stated he had been attempting to obtain assistance from a neighboring community. He asked that the Council clarify the issues they wished examined. A lengthy discussion ensued concerning the issues following which Councilman Hurwitz moved the Assistant City Manager be directed to prepare a report as to what would be required, with specific costs involved, to accomplish an examination of the rate structure and operations of the Alameda Disposal Company. The motion died for lack of a second. 4 At the conclusion of additional discussion, Councilman Beckam moved the present ordinance be revised to remain "as is" for the remainder of the current fiscal year, be modified to include the next two succeeding years at $3.50 and S3.75 respectively, and to modify the dump rate per cubic yard to $1.00, conditioned on action being taken by the Alameda Disposal Company to give a 10% discount to senior citizens who qualify for property tax relief. The motion was seconded by Councilman Diament and carried on the following roll call vote. Ayes: Three. Noes: Council- man Hurwitz and President Corica, (2). Absent: None. UNFINISHED BUSINESS: 15. Presentation by Mr. Harry LaDou, Executive Vice President of the California Anti-Litter League. Mr. LaDou outlined the program of the League. He noted that their organization had no contact within the city at this time and asked that some person or committee be selected through which they might work with the community. President Corica requested Mr. LaDou to contact him and submit written material on the proposed program. 16. Consideration of the following items brought up under "New Business" at the regular meeting held December 2, 1975. (a) Request by Councilman Beckam that minutes of the Mayor's Ad Hoc Advisory Estuary Committee be made available to the Council, Planning Board and interested persons and also that an attendance record be kept. It was the consensus of the Council that this request be approved. (b) Request by Councilman Beckam that the City Manager provide a continuing tabulation pf pending matters, updated at least quarterly, containing the item referred, to whom referred, which Department, and the requested or expected date of report to the Council. This request was approved by the Council following discussion. (c) Request by Councilman Beckam that the City Attorney determine and advise the Council of the present pinball ordinance is properly worded to conform with the recent Supreme Court decision, and to recommend changes, if appropriate, City Attorney Stroud advised the decision of the Supreme Court had not as yet been published and he would comply with the request when its contents were available. (d) Request by Councilman Beckam concerning the status of the Police Headquarters. President Corica noted this had been covered in the report received this evening on the matter. (e) Request by Councilmen Beckam and Hurwitz concerning the priority system for housing displaced Makassar Straits Housing Project tenants. This was referred to "Resolutions". (f) Request by Councilman Sherratt for a copy of the Traffic Advisory Committee report concerning traffic signals at the intersection of Park Street and Otis Drive. Councilman Sherratt stated he would contact the City Engineer concerning his request. (g) Complaint relayed by President Corica concerning the lack of a bench at the bus stop located on Otis Drive at Willow Street. President Corica stated the City Engineer had checked this out and it was found a bench was not warranted at this time. 17. President Corica referred to a letter received from Commissioner Albert H. DeWitt, Chairman of the Housing Authority, containing cost information on their modular project and the houses obtained from the Alameda Unified School District. He noted the figures published in the local newspapers were far in excess of the projected costs of the Authority. 18. City Attorney Stroud requested authorization be given to retain a qualified person or firm to organize and edit materials prepared by Wyle Labs and Dr. Garbell and others to prepare the Environmental Impact Report on the Noise Element. Councilman Sherratt moved the City Attorney be granted the requested authorization, the fee to be paid from the Contingency Fund in an amount not to exceed $6,000. The motion was seconded by Councilman Beckam and carried unanimously on voice vote. NEW BUSINESS: 19. President Corica requested the City Engineer to look into the possibility of installing lights in Jackson Park. 20. Councilman Diament asked that a light be erected on the front steps of City Hall. RESOLUTIONS: 21. "Resolution No, 8452 49 Requesting Housing Authority of the City of Alameda Assign Priority Positions to Displaced Tenants of Makassar Straits." Councilman Beckam requested the prepared resolution be modified to recommend that the Housing Authority develop a staging plan for evictions over a period of time, taking attrition into account in both Makassar Straits Public Housing and in other Housing Authority controlled units. Councilman Hurwitz recommended the resolution be modified to request the Housing Authority to take all measures possible to assign displaced "eligible" tenants a priority position to vacant units in other projects under its control. Councilman Beckam moved adoption of the resolution, as above modified. 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 requested that the Housing Authority submit a report of the formal action to be taken by the Authority on the issue, and the rationale for that action. 22. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8453 Resolution of the Council of the City of Alameda in Appreciation and Commendation of Rene John Bramante for His Service to the City." 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. 23. The following resolution was introduced by Councilman Diament, who moved its adoption: "Resolution No. 8454 Amending Section 6 of Resolution No. 5472, Relating to Monthly Rental of Parking Spaces in Off-Street Lots." 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 President declared the foregoing resolutions adopted. PASSAGE OF ORDINANCES: 24. "Ordinance No. 1780, New Series Amending the Alameda Municipal Code by Amending Section 10-422 and Repealing Article 3 of Chapter 4 of Title X Thereof Relating to Dilapidated Buildings." 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. 25. "Ordinance No. 1781, New Series Amending Section 17-342 of the Alameda Municipal Code Relating to Limited Parking." Councilman Sherratt 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: 26. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $96,086.02, and a supplemental List of Claims in the amount of 15,946.43, were presented to the 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 December 16, 1975, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded by Councilman Hurwitz and on voice vote carried unanimously. ADJOURNMENT: 27. There being no further business to come before this meeting, the Council adjourned to assemble in regular session on Tuesday, January 6, 1976, at 7:30 o'clock p.m. Respectfully submitted, City Clerk has also failed to consider any plans for rehabilitation or the orderly phased construction of replacement units. At the same time, she alleged, the Authority had implemented, what ATU termed "scare tactics" to evict tenants from Makassar Village by sending out three letters to the tenants notifying them of the proposed eviction andcbmolition. She said the Authority did tell the tenants relocation housing was available with the Oakland, Richmond and other housing authorities, however she reported there were several thousand qualified low income applicants already on the waiting lists of these agencies. She said it was the belief of the ATU that the indifference of the Housing Authority toward the Makassar Village tenants was designed to force the poor and minority people out of Alameda. Mrs. Jones stated the ATU had taken the following position on the matter: (1) To call for the immediate rescinding of the Alameda Housing Authority Board of Commissioners' resolution to close Makassar Village and the tenants be so notified; (2) To call upon the Housing Authority to develop a plan for the phased construction of replacement housing or the substantial rehabilitation of the existing structures; (3) To demand the establishment of a program for relocation assistance and payments consistent with state relocation guidelines for tenants who can be housed in the City of Alameda in private housing; (4) To call upon the Alameda Housing Authority to officially request that the California legislature extend the deadline for closing Makassar Village until it is either rehabilitated to housing codes or new housing is constructed; (5) To call upon the City of Alameda to establish a task force composed of federal, state and local officials, and representatives of the ATU to develop a relocation and housing plan for Makassar Village and to insure that further harassment of tenants does not take place; and (6) To call upon the tenants of the Alameda Housing Authority along with concerned citizens and organizations of Alameda to stand united against any effort to force minority and low income residents out of Alameda. Mrs. Jones said that in the past the Alameda Housing Authority had reported it did not have funds for rehabilitation or relocation, however it was her opinion Housing and Community Development funds could be used for these purposes, and this was a further proposal of the ATU. On request to explain her allusion to tenant harassment, Mrs. Jones stated that in addition to the threat of closing Makassar Village and the possibility of the tenants not being relocated, tenants received poor treatment from the Housing Authority staff and notices were consistently sent out to tenants in the English language although many tenants were unable to read or speak English. She stated these matters had been brought to the attention of the Executive Director and the Housing Authority Board, however no corrective measurer had been taken. On question, Mr. Albert DeWitt, Chairman of the Alameda Housing Authority, stated the Authority was in the process of developing a definite plan to phase out the temporary war housing and develop a priority list for the relocation of tenants. He noted the June 30th closing date did nct appear realistic at this time. He said the Housing Authority intended to do what was right by the people in Makassar Village, and that it might take two or three years to relocate tenants in other housing as it became availble, however the Authority did not have 282 units readily available. He said it might be that some of the tenants would be found to have an income level which would preclude their eligibility, and in this way the needed number of units might be decreased. Councilman Beckam referred to a letter dated December 22, 1975, addressed to the City Manager from the Executive Director of the Housing Authority, which stated "it might be well to inform the Council that Authority policy places displaced persons in the very top grouping of our placement policy." He noted the recent Council adoption of a resolution requesting the Housing Authority to assign priority positions to displaced persons, and to develop a plan for locating housing for these tenants. He suggested the Authority should begin planning right away and that, if implementation were going to take two years or more, the problem should be addressed to the local Assemblyman for assistance in the legislature. At the conclusion of discussion, Councilman Hurwitz requested a letter be addressed to the Housing Authority asking for comments on Mrs. Jones' accusations. He stated he wished additional time to read Mrs. Jones' written statement and asked that any further Council action be deferred. Mrs. Dorothy Allen, 1020 Pacific Avenue, Housing Chairman for Alamedans with HOPE, stated HOPE was aware of the tenants' complaints and had taken them to the Housing Authority Board and staff, without satisfaction. She said HOPE, in January, 1973, had requested the Board to appoint a tenant advocate or tenant liaison person within the Tenant Services Department, and this request had not as yet been acted upon. She reported units might be available to displaced tenants at the Buena Vista-Park Apartments, and suggested tenants be advised of this. President Corica requested Mrs. Jones to make a similar presentation to the Board of Commissioners of the Housing Authority. HEARINGS: 5. , Housing and Community Development Act funding. President Corica reported this was the first of five public hearings scheduled to elicit citizen participation and input in the city's second year of the Community Development Block Grant program He noted the purpose of this hearing was to provide basic information about the provisions of the Housing and Community Development Act and allow citizens the opportunity to suggest projects to be pursued in the second year program. He announced further hearings were scheduled for January 7 at the Woodstock Community Center, and January 8 at the Park-Otis Senior Citizens Complex. Assistant City Manager Creagh reported information sheets about the Act had been distributed to members of the audience, and would be available to interested persons at the City Manager's office. Mr. Creagh reviewed the purpose of the Act and the eligible and ineligible activities as set out in the information sheet. Mr. Creagh stated the Department of Housing and Urban Development had indicated the target figure for the city for fiscal year 1976 as $575,000. He noted that while the figure was only an estimate and not the final allocation, it was the city's understanding that the tinal figure should not vary substantially from this target figure. Mr. Creagh stated the most important aspects to be addressed in preparing the application were environmental assessment procedures and preparation of the housing assistance plan as well as preparing an overall community development plan. He said the overall plan must include a state- ment of current or present problems and needs and those needs expected to arise during a three- year period, and must also include a comprehensive strategy for serving those needs and a statement of long and short term community objectives of the local program which also considered areawide planning and national urban policies. He reported a further requirement of the Act in developing the community development plan was that projects developed for the application should be consistent with the overall plan and serve to accomplish its objectives. In this connection, Mr. Creagh reviewed the community development plan submitted to HUD in 1975 and stated the plan should be followed as far as the ideas for projects were concerned. He also reviewed the short term objectives of the three-year program. Mr. Creagh reported that in addition to the two public hearings mentioned by President Corica, additional hearings would be held on January 20 before the City Council on the preliminary applica- tion and the final public hearing would be held on February 17 before the City Council on the final application prior to its submission to the Department of Housing and Urban Development. President Corica declared the hearing opened. Mr. Don Gilmore, 1110 Pacific Avenue, stated he would like to offer some thoughts relating to one aspect of the Act as it referred to providing improved economic opportunity for those of low and moderate incomes. He suggested workshops in sculpture, painting, woodcarving, et cetera, be created to develop the skills of low and middle income persons. He noted the Post Office building was available and would provide workshop areas. He said he knew the Act expressly prohibited development of cultural centers, however, it was his opinion actual workshops for the production of art would not come under the heading of a cultural center. Councilman Sherratt stated he did not believe the Post Office building would qualify as a target area, and the City Manager confirmed his statement. Mr. James McClure, 2811 Yosemite, said he would like to see some of the money allocated to elimination of architectural barriers for the handicapped. Mr. Oscar Zeisz, 202 Cypress Street, a member of the Board of Directors of Woodstock Homes Corporation, stated he had submitted a written request that $23,000 be allocated to improving poorly lighted streets, particularly in areas where a safety hazard might exist. He stated their street lighting was very inadequate and contributed to vandalism in the area. He noted residents of the area were low and moderate income. Mr. Chris Corpus, 509 Santa Clara Avenue, requested funds be allocated to alleviate existing flooding conditions in the 100 block of Central Avenue and the Brush Street area near Woodstock School. Mrs. Elector Littlejohn, 1025 Buena Vista Avenue, recommended funds be allocated to provide decent housing for low income families. Mrs. Joy Johnson, 2146 San Antonio Avenue, asked that some of the funds be used to renovate the ten houses acquired from the Alameda Unified School District by the Alameda Housing Authority. City Manager Goss reported this particular project was a part of the first year program. Mr. Charles Tillman, 2415 Roosevelt Drive, suggested the property located at Santa Clara Avenue and Eighth Street, owned by the Methodist Church, be purchased and a Senior Citizens Center constructed. He noted no such facilities were now available to west end residents, the majority of whom were low and moderate income, and this particular site offered convenient transportation and was located in close proximity to the West End Library and Washington Park. Mrs. Dorothy Jones, 923-A Parrot Avenue, stated the Alameda Tenants Union requested funds be allocated to the Makassar Village problem concerning its demolition and the relocation of its tenants. Mr. James Maresca, 338 Lincoln Avenue, suggested funds be allocated to an assisted code enforcement type program to rehabilitate deteriorating housing, and that an exploration be made as to how other federal moneys could be used in conjunction with HCDA money to provide assistance to persons wishing to rehabilitate older housing. He noted some of the data contained in the draft of Phase II of the Housing Element indicated older housing when preserved provided a lower cost housing unit than demolition and new construction. Mrs. Dorothy Allen, 1020 Pacific Avenue, expressed her endorsement of the rehabilitation program mentioned by Mr. Maresca. She stated Alamedans with HOPE suggested the rehabilitation of older homes would provide scattered low cost, low income housing, and they would object to replacing Makassar Village with another housing project. She further mentioned the possibility of providing more adequate street lighting in the Buena Vista-Park complex. She asked that consideration be given to funding a Housing Office to provide tenant councselling and housing referrals, and that people be reassured the houses acquired by the Housing Authority from the School District would be renno- vated and made available. Mrs. Allen noted the cutback of day to day maintenance by the Housing Authority and asked if HCDA funds could be used for this purpose. The City Manager stated operating maintenance was not eligible under the Act. The hearing was declared closed. Council discussion covered the flooding conditions mentioned by Mr. Corpus, construction of the Northside Park clubhouse or community center, target areas, and housing rehabilitation. A ten-minute recess was called. Upon reconvening, the meeting returned to the regular order of business. REPORTS AND RECOMMENDATIONS: 6. ' From the City Manager concerning revisions to the proposed Alameda County Solid Waste Management Plan. President Corica introduced Mr. Ron Eggers, Assistant Alameda County Planner, and reported the City Manager had recommended the City Council's previous position of conditionally approving the plan be modified to that of opposition, unless the conditions endorsed by the Council were more adequately reflected in the plan. On question, Mr. Eggers stated the plan had been approved by the Cities of Pleasanton, Fremont and Albany; the City of Livermore would take final action in another week; the City of Oakland would take final action this evening disapproving, their main points being that they wanted proportional repre- sentation on the Interim Council and a clearer recognition of a solution of the short term problems; the Cities of Piedmont, San Leandro and Union City had disapproved the plan; the City of Newark would take action on January 8; the City of Emeryville was acting this evening, and the City of Berkeley, would act on January 13. He reported that, in order to have the plan put into action, it would be necessary to have the approval of cities controlling fifty-one percent of the population of Alameda County. He said at this point it did not appear the plan would be approved by the needed majority. He stated the main objection raised was the organizational structure which would take over the plan administration and there still remained the problem of how to achieve coordination between all the cities. President Corica noted that not all of the conditions contained in the City Council's conditional resolution of approval were included in the plan revision, namely, that the City of Alameda retain the right to dispose of, or utilize, its solid waste to its best advantage, and that it retain the right to use solid waste available from other entities as an addition to its own solid waste resources. He said these were important inasmuch as the city, along with the Naval Air Station, had a unique situation wherein they might be in a better position to create energy. Mr. Eggers offered an explanation of the plan and stated it would not set up any roadblocks to the city's developing an energy facility. He referred to the letter of January 5, 1976, written by Mr. William H. Fraley, Alameda County Planning Director, responding to the city's conditions. Following discussion, Councilman Hurwitz moved acceptance of the report and approval of the recommen- dation of the City Manager. The motion was seconded by Councilman Sherratt and carried by unanimous voice vote. There being no objection, the meeting proceeded to "Resolutions". RESOLUTIONS: 7.' 'Resolution No. 8455 Expressing Opposition of City Council of the City of Alameda to the County-Wide Solid Waste Management Plan." Mr. James Maresca suggested an additional condition be added to the resolution to state that one of the city's criticisms of the County Plan was that it did not prohibit an immediate long term commit- ment to utilizing landfill as the solution to our solid waste disposal problem. The foregoing resolution was then introduced by Councilman Hurwitz, who moved its adoption as amended by a fourth condition, to read, "that the plan prohibit landfill as a long term solution to solid waste disposal problems." The motion to adopt said resolution, as amended, 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: 8. From the Acting City Manager reporting completion of public improvements in connection with Tract No. 3597, recommending acceptance and release of the faithful performance bond. (1814 Central Avenue - Lindsey, Gallagher & Willett) Councilman Hurwitz moved acceptance of the public improvements in Tract No. 3597 and release of the faithful performance bond. The motion was seconded by Councilmen Sherratt and carried unanimously on voice vote. 9. From the Acting City Manager recommending contract be awarded to H.V. Carter Company, Inc., lowest and best bidder, for furnishing One (1) Triplex Greens Mower for the Golf Course, in the amount of 3,301.50. Councilman Beckam moved acceptance of the report and award of the contract, as recommended. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote. 10. From the Acting City Manager concerning the Seismic Safety/Safety Element of the General Plan, recommending the consultants be authorized to incorporate studies of airplane and airport crash hazards at Alameda Naval Air Station at an additional cost of $1,750. Councilman Beckam moved acceptance of the report. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote. There being no objection, the meeting proceeded to "Resolutions". RESOLUTIONS: 11. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8456 Authorizing Execution of Addendum to Agreement with Envicom Corporation in Connection with Preparation of Environmental Impact Report for Seismic Safety/Safety Element." The motion to adopt said resolution was seconded by Councilman DiameDt and carried on the following roll call VOt2, Ayes: Five. Noes: None. Absent: None. The meeting returned to the regular order of business. UNFINISHED BUSINESS: 12. Consideration of the following items brought up under "New Business" at the regular meeting held December 16, 1975: (a) ~ Request by President concerning installing lighting in Jackson Park. President Corica said it was his understanding there was only about $3,000 remaining unallocated in the Capital Outlay and Dwelling Unit Tax Funds, and that this would not be enough to provide the needed lighting. On question, the City Engineer stated this amount would probably pay for three or four additional lights. Councilman Hurwitz said he would like to find out the lighting situation in all city parks. Councilman Sherratt suggested the matter of installing additional lighting at Jackson Park be referred to the Recreation Department staff for study and recommendation. Councilman Beckam noted it might be possible to place additional street lights on adjacent power poles, which would shed light into the park and be accomplished at a much lesser cost than installing individual poles in the park. It was the consensus of the Council that the subject be referred to the Recreation Department staff for a report on priorities for safety lighting in parks, and to explore the possibility of placing street lights on power poles in the vicinity of Jackson Park. (b) Request by Councilman Diament that a light be erected on the front steps of City Hall, President Corica noted this request had already been met. 13' Councilman Sherratt recalled previous action of the Council in approving the resurfacing of the tennis courts at Franklin Park. He requested the project be completed prior to the onset of good weather when the courts would be in full play. 14. Councilman Hurwitz inquired as to the status of the letter requested from the Board of Education concerning parking at Alameda High School. The City Manager was requested to follow through on this. 15. Councilman Hurwitz asked concerning the status of proposed Charter amendments. He was advised by the City Manager the amendments would be submitted to the Council for consideration within the next month or two. 16. Councilman Hurwitz inquired as to the actual cost of maintaining the Post Office building. The City Manager stated the direct cost was approximately $40 per month. 17. Councilman Hurwitz asked if discussions with A/C Transit had been scheduled concerning improved service to the city. The City Manager was requested to follow through. 18. Councilman Sherratt asked that a target date be set for deciding the future use of the Post Office Building. Councilman Beckam noted the final report of the feasibility study had not been received from the Library Board. It was the consensus of the Council that the Board be asked for its report, and the subject pursued at a later meeting. 19. City Attorney Stroud reported revisions to the Design Review Board and Planned Development ordinances had been completed and would be considered by the Planning Board at a special meeting. He asked if the Council wished to review the revisions prior to the Planning Board hearing. Planning Director Patterson noted the special meeting of the Planning Board would be set for January 28, 1976. Following discussion, it was the opinion of the Council that action on the revisions be deferred pending receipt of the recommendations of the Planning Board. 55 Councilman Hurwitz inquired concerning the status of the sign ordinance. He was advised by the Planning Director that copies of the ordinance had been distributed to interested persons within the community and the Chamber of Commerce. He said one meeting had been held and the Chamber and business community would be holding several more meetings, so there would be additional input going into the ordinance before scheduling the first public hearing before the Planning Board. RESOLUTIONS: 20. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8457 Authorizing Execution of Agreement with Williams & Mocine in Connection with Preparation of Noise Element and Environmental Impact Report for Noise Element of the General Plan of the City of Alameda." 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. 21. The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution No. 8458 Declaring Copies of the Uniform Swimming Pool Code, 1973 Edition, Placed on File with the City Clerk to be Public Records; Setting the Time and Place of Public Hearing on the Adoption of said Code by Reference, and Directing Publication of Notice of said Hearing." The motion to adopt said resolution was seconded by Councilman Diament and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 22. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8459 Requesting an Investigation, Survey and Report on Creeks, Channels and Related Drainage Systems in the City of Alameda." 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. 23. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8460 Authorizing Execution of Contract with the Housing Authority of the City of Alameda Relating to Administering Comprehensive Manpower Program Under CETA." 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. Councilman Sherratt asked how many CETA employees were presently working at the Housing Authority and how their employment affected other permanent or part-time employees. He remarked on the recent discharge of three employees of the Authority. Chairman Albert De Witt of the Housing Authority Board replied he had no information on the number of CETA employees, however would obtain this information if the Council desired it. As to the employees who had been discharged, he reported they had been laid off because of lack of funds and were not maintenance employees. He stated CETA employees had been hired for specific duties and projects and there was no conflict with the assignment of regular employees. Councilman Hurwitz requested a report be prepared on the matter. 24. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8461 Authorizing Execution of Contract with Alameda County Training and Employment Board." 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. 25. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8462 Authorizing Execution of Training Agreements Between the City of Alameda and the State of California Department of Highway Patrol." 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. 26. The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution No. 8463 Authorizing City Auditor to Distribute Community Development Block Program Funds with Approval of City Manager." On question, City Auditor Ray Martin explained the time problem involved in following the formula to disburse funds under the program. He noted the funds must be disbursed within a three-day period following receipt by the City Treasurer. 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. 27. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8464 Amending Salary Resolution No. 8379 by Adding Positions Funded Under Title X of the Federal Public Works Economic Development Act (PWEDA) and Establishing Salaries Therefor." 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. 28. "Resolution No. 8465 Authorizing Execution of Amendment to Agreement with Alameda City Disposal Relating to the Rate for Disposal of Refuse at the Municipal Garbage Disposal Grounds." City Attorney Stroud recommended the last sentence of the resolution be amended to read, "This resolution shall become void if said program is revoked by Alameda City Disposal Company without permission of the City Council," and the Amendment be corrected to conform with this wording. The foregoing resolution, as amended, was introduced by Councilman Sherratt, who moved its adoption. 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. INTRODUCTION OF ORDINANCES: 29. "Ordinance No. New Series Amending Subsections (a), (b) and (c) of Section 15-6210 of the Alameda Municipal Code, Relating to Rates for Collection of Garbage and Refuse." President Corica again expressed his displeasure with the rate of return received by the city under the franchise agreement. He said it was his understanding surrounding cities were receiving as high as a ten percent return and he would like to have the City Manager contact other disposal companies to ascertain their interest in providing this service in Alameda. He suggested consideration of the ordinance be deferred pending receipt of that report, Councilman Hurwitz said he agreed with President Corica, He noted previous requests for reports and information on the possibility of how the bookkeeping could be done differently had not been received. Councilman Sherratt asked if the ordinance could be repealed at a later date if it were found advisable. City Attorney Stroud stated this would be possible. He noted the sole function of the ordinance was to set the rates to be charged by the Alameda Disposal for their collection of garbage and refuse. There followed a discussion of the franchise agreement which would expire in 1982, with comments by members of the Council and Mr. Randal Dickey, Attorney for Alameda City Disposal. City Attorney Stroud requested Section 2 of the Ordinance be amended by deleting the word "scavenger" and replacing it with "Alameda City Disposal Company." Councilman Sherratt introduced the foregoing ordinance, as amended, after which it would be laid over under provision of law and the Charter, The motion was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Three. Noes: President Corica and Councilman Hurwitz, (2). Absent: None. 30. "Ordinance No. New Series 5 Amending the Alameda Municipal Code by Amending and Adding Certain Section to Article 1, Chapter 3, Title XI Thereof, Relating to Rules and Regulations Governing the Planning and Subdividing of Land and the Filing and Approval of Subdivision Maps." 57 Mr. Oscar Barry, Project Manager for Harbor Bay Isle Associates, stated he had submitted a written request that this matter be continued however in discussion with the City Attorney this date, it had been indicated his two major problems had been cleared. He stated he would not oppose the introduction of the ordinance, and if their attorneys had any questions, they would be brought up at the time the ordinance was again before the Council for passage. City Attorney Stroud asked that the ordinance be corrected by changing Section 11-319.2(b) to read "11-319.2(g)", and adding "Section 11-3123.5. Dedication for Transit Facilities", as set out in his memorandum to the Council. Councilman Diament introduced the foregoing ordinance, as corrected and amended, after which it would be laid over under provision of law and the Charter. The motion was seconded by Councilman Sherratt and carried on thefollowing roll call vote. Ayes: Five. Noes: None. Absent: None. BILLS: 31. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $229,563.23, 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 January 6, 1976, 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: 32. Mrs. Madlyn Murphy, 2618 Janis Circle, referred to her letter to the Council dated January 5, 1976, requesting that Parcel Map No. 1776 be approved for a division of properties located at 1507 Pearl Street and 2621 Santa Clara Avenue. She noted the tentative map had been approved by the Planning Board on December 15, 1975, however due to the recent holiday season, the Engineering Department had not been able to plant the tree, which was one of the map requirements, thus permitting their request for approval to appear on the agenda. Mrs. Murphy reported prospective owners of the property at 1507 Pearl Street had sold their home and a further continuance of this matter would prove a hardship. On question, the City Engineer reported the requirements of the parcel map had been completed and every- thing was in order. He distributed copies of the parcel map and the Engineer's report. Councilman Hurwitz moved approval of Parcel Map No. 1776, subject to the conditions set forth in the City Engineer's report dated December 5, 1975. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote. There being no objection, the meeting proceeded to "Resolutions". RESOLUTIONS: 33. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8466 Approving Parcel Map No. 1776 for Division of Property Bounded on the East and West by Pearl Street and Broadway Respectively and Bounded on the South by Santa Clara Avenue (Establishing as Separate Lots 1507 Pearl Street and 2621 Santa Clara Avenue) and Permitting Recording Thereof (Edward J. and Madlyn Murphy, Subdividers)." 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 President declared the foregoing resolutions adopted. FILING: 34. Addendum to Agreement Between City and Envicom Corporation - Seismic Safety/Safety Element. 35. Agreement between City and Williams & Mocine - Noise Element and EIR. 36. Uniform Swimming Pool Code, 1973 Edition. 37. Contract with Housing Authority re CETA. 38. Contract with Alameda County Training and Employment Board. 39. Training Agreements Between City and State Department of Highway Patrol. 40. Amendment to Agreement between City and Alameda City Disposal. 41. Councilman Sherratt moved the Council retire to executive session to discuss pending litigation. The motion was seconded by Councilman Hurwitz and carried unanimously on voice vote. After a five-minute recess, the Council reconvened in the Conference Room of the City Hall for its deliberations. At the conclusion of discussion, it was determined no action would be taken at this time. ADJOURNMENT: 42. There being no further business to come before this meeting, the Council adjourned to assemble in regular session on Tuesday, January 20, 1976, at 7:30 o'clock p.m. Respegtfully subm ttRtl, City Clerk