1976-07-20 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY - - - - - - - - - - - - JULY 20, 1976
The meeting convened at 7:30 o'clock p.m. with President Corica presiding. The Pledge of
Allegiance was led by Councilman Hurwitz and was followed by an Invocation delivered by the
Reverend John Hamme of St. BarndboS Catholic Church.
ROLL CALL:
The roll was called and Councilmen Beckam, Diament, Hurwitz, Sherratt and President Corica,
(5), were noted present.
MINUTES:
1. The minutes of the regular meeting held July 6, 1976, were approved as submitted.
WRITTEN COMMUNICATONS:
2. From Mrs. C. Mitterbach, 421 Greenbrier Road, suggesting animal control regulations be applied
to cats.
The communication was referred to staff for a report.
3. From Ms. Donna Slay, 2026-8 Clinton Avenue, questioning the city's plans for solid waste
disposal and recycling.
President Corica explained a location was being sought for the disposal of city waste. He noted
there is presently a recycling center located at the marine Reserve Training Center.
The communication was referred to staff for reply.
4. From Mr. Joseph M. Sullivan, 3221 Liberty Avenue, suggesting a charter amendment to be voted
Upon at the November General Election concerning the election of Councilmen.
President Corica stated Mr. Sullivan proposed two Councilmen be elected every two years instead
of the present method of electing one Councilman and a Mayor at one election and three Councilmen
at the next election. He suggested this be included with other Charter amendments to be considered
at the meeting of August 3, 1976.
City Manager Goss stated this suggestion would be included in his report on the subject.
5. From Taylor Woodrow of California Incorporated requesting an extension of time to August 4,
1977 for the completion of public improvements in connection with Parcel Map 1264, property located
on the north side of BlanU1Dg Avenue at Broadway.
President Corica reported staff had no objection to the request.
Councilman Beckam moved approval of an extension of time to August 4, 1977 for the completion of
the public improvements in connection with Parcel Map No. I264, the motion was seconded by
Councilman Sherratt and carried unanimously on voice vote.
HEARINGS:
6. In the matter Of the Solid Waste Management Plan for Alameda County adopted by the Alameda
County Board of Supervisors on May 18, 1976.
President Corica remarked the County was supposed to have adopted the plan in January, 1975, however,
as the earlier version had met with numerous objections, it had been rewritten. He stated 51% of
the cities, or 51% of the population within the County, must either reject or adopt the Plan as
now proposed; should the City of Alameda vote against the Plan and cone within the minority vote,
should they so desire, they would still be required to abide by the Plan.
The hearing was declared opened.
City Manager Goss stated the Plan had been approved by Alameda County and the cities of Oakland,
Hayward, San Leandro, Piedmont and Emeryville, which would mean it would become the County Solid
Waste Management Plan. He said the Plan would still require approval at the state level.
On the call for proponents or opponents, the following persons spoke. Mrs. Inez Kapellas, 1128
College Avenue, questioned where residents would dispose of their garden trimmings and trash, and
the method of garbage collection. Mr. Goss said there would be no change from the manner in whic
these things were taken care of at the present tine; the Plan would only have impact should the
city wish to undertake a project of some type, such as a new dump, conversion of garbage to electricity,
etc. He stated the project would have to be approved by the Board of the Joint Powers Agreement,
made of representatives from all cities and the county, and would have to be in conformance with
the Plan. He said the purpose of the Plan was to attempt to obtain county-wide coordination in handling
garbage.
Mrs. Kapellas asked if the Plan would stop Alameda should it -Pind itself in a position to dispose
of it53Jlid waste in a better manner. President Croica reported this had been the city's concern
with the Plan.
Mr, Pete Bongiovanni, 3201 Thompson Avenue, stated it was his interpretation that the main purpose
of the Plan was to conserve natural resources, such as aluminum, glass, and other metals, which
would be recycled.
The hearing was declared ClOSEd.
There followed a detailed discussion of the terms of the Joint Powers Agreement.
Concerning VIIT-15-b-1, which stated; "Any jurisdiction which can use and import garbage can
develop a sophisticated system for dealing with the problem and may proceed, as long as the
system added is advanced or approved over burial and is in conformance with the goals of the
Plan." President Corica remarked the city's proposed pr0'ect was well within the confines of the
Plan and net the ultimate goal. He said it was the city's contention that it was in the position
to take advantage of the situation now, and should not have to wait; and that should the opportunity
to do so arise, the city should have the opportunity to proceed. He stated the city wanted this
concession. He said he had been assured by the Mayors of the County that they understood
Alameda's situation and the city's request would be honored: however, there was always the possibility
present members of the Board might not he in office at the time Alameda was ready to proceed,
therefore the city was asking that this concession be put into writing. He remarked the Cities
of Livermore and Pleaasanton will put their consent in writing.
At the conclusion of discussion, Councilman Hurwitz moved the resolution approving the Alameda
County Solid Waste Management Plan be taken out of order. The motion was seconded by Councilman
Diament and carried unanimously on voice vote.
The meeting proceeded to "Resolutions".
RESOLUTIONS:
7. The following resolution was introduced by Councilman Hurwitz, who moved its adoption:
"Resolution No. 8553
Approving Alameda County Solid Waste Management Plan and Authorizing
Execution of Joint Powers Exercise Agreement for Solid Waste Management."
The motion to adopt said resolution was seconded by Councilman Sherratt and carded on the following
roll call vote. Ayes: Five. Noes: None. Absent: None.
It was the consensus of the Council that a certified copy of the resolution be forwarded to the
County Board of Supervisors with a letter expressing the city's position with regard to VIII-16-b-1.
The meeting returned to the regular order of business.
REPORTS AND RECOMMENDATIONS:
8. From the Community Relations Commission, signed by the Chairman, requesting a status report
on the Housing Element and Uniform Housing Code.
On question, the Assistant City Manager noted the(Unif0r0 Houseing Code is a part of the Housing
Element, and the Planning staff was developing a report as to the status of its implementation.
The report was accepted.
9. From the City Manager concerning the Lease Agreement between Raymond P. Britton and the
President Corica noted Planning and Social Services staff now housed in the Health Building at
2226 Santa Clara Avenue would be temporarily relocated at I361 Park Street until such time as
the space now occupied by the Police Department would become available. He said this move was
necessary as the County wished to remodel the Health Building to improve their service to the
community.
Councilman Beckam moved adoption of the report and the resolution be taken out of order. The
motion was seconded by Councilman Sherratt and on voice vote carried unanimously.
Councilman Sherratt commended staff for its efforts in obtaining these quarters at such reasonable
cost.
The meeting proceeded to "Resolution".
RESOLUTIONS:
10. The following resolution was introduced by Councilman Sherratt, who moved its adoption:
"Resolution No. 8554
Authorizing Execution of Lease Agreement between Raymond P.
Britton, an Individual, and the City of Alameda, of a Suite
in the Building Located at 1561 Park Street.'
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.
UNFINISHED BUSINESS:
11. Consideration of appointments to Boards:
City Planning Board: Mr, Joseph Sullivan, 3221 Liberty Avenue, Urged the reappointment of Mr.
Robert Duncan NiC0l,
President Corica asked if the Council wished to continue with its policy of keepin g appointments
to Boards and Commissions in house, or allow audience participation.
Councilman Hurwitz said it was his opinion the Council should follow its established policy.
President Corica stated a policy would be set that any endorsement or feeling of any kind should be
set out in writing and submitted prior to the consideration of an appointment. He said he had
received some names from members of the Council and was available for any input of the Council.
President Corica placed in nomination the name of Robert Duncan Nicol. The nomination was seconded
by Councilman Diament'
Councilman Hurwitz stated, in his opinion, Mr. Nicol was more valuable as a meber of the Design
Review Board.
Councilman Beckam said he would concur with Councilman Huriwtz, He requested action be deferred
until the next meeting and names be submitted to the president.
On a call for the question, the nomination failed to carry on the following roll call vote. Ayes:
TN0, Noes: Councilmen Hurwitz, Sherratt (2). Abstaining: Councilman Beckam, (1). Absent: None.
President Corica placed in nomination the name of James Mdre3ca, The nomination was seconded by
Councilman Diament and filed to carry on the following roll call vote. Ayes: Two. Noes:
Councilman Hurwitz, Sherratt, (2). Abstaining: Councilman Beckam, (1). Absent: NOng,
President Corica placed in nomination the name of Michael G. Gorman. The nomination was seconded
by Councilman Sherratt and carried on the following roll call vote. Ayes: Three. Noes: Councilman
Hurwitz, (1). Absent: None. Abstaining: Councilman Beckam, (1).
Design Review Board: Councilman Hurwitz stated in light of the Introduction of Ordinance to be
considered at this meeting concerning appointment of members of the Recreation Commission, Golf
Commission and Design Review Board, he would move the appointment be tabled until the ordinance
was considered and became effeCt1Ve. The motion was seconded by Councilman Beckam and earried
On the following roll call vote. Ayes: Fnur, Noes: President Corica, (1). Absent: None.
President Corica suggested the possibility of placiDg on the ballot the procedure to be followed
in nominating members of Boards and Commissions.
Social Service Board: President Corica placed in nomination the name of Linda I. Pritchard. The
nomination was seconded by Councilman Diament and carried on the following roll call vote. Ayes:
Three. Noes: Councilman Sherratt, (1). Absent: None. Abstaining: Councilman Beckam, (1).
12. Consideration of the following items brought up under "New Business" at the regular meeting
held July 6, 1976:
(a) Request by Councilman Diament for citizen cooperation in water conservation. Councilman
Diament noted the East Bay Municipal Utility District had placed an insert with its last billing
urging residents to practice frugality in their use of water. She asked that the city back all
efforts in this regard.
(b) Report from Councilman Diament regarding Anti-Litter League matters. Councilman Diament
reported her attendance at a meeting of the California Anti-Litter League in which they had presented
a plan of the national organization, "Keep America Beautiful". She said she thought the City
Engineer had followed this program over a period of years and was more familiar with it than she
was. She said the proposal, which had been attempted in an number of eastern cities, was a plan
for intense citizen participation working with city staff to establish a program of primarily education
Of the public to insure cooperation. She said the program put emphasis on updating existing
ordinances, improving sanitary terhni0logy, continually educating the public and enforcing reasonable
regulations. She stated it was her understanding the financing was put up by large companies
involved with littler, such as bottle and oil companies, and an application would have to be made
to become involved with the plan.
13' Appointments to City of Alameda Disaster Council. President Corica noted the Disaster Council
was provided for in Ordinance No. 1676, and in the Emergency Operations Plan, and Councilman Diament
had requested appointments be made to activate the Council.
On request, Assistant City Manager Creagh elaborated upon his written report to the Council. He
reported the function of the disaster council was of an advisory nature, to recommend to the City
Council appropriate action, ordinances, or programs to implement disaster planning throughout the
city, to more efficiently deal with emergencies on a planned basis. He stated the Disaster Council
would consist of (1) The Mayor, or Chairman; (2) the City Manager, as Director of Emergency Services,
and Vice Chairman; (3) The Assistant Director of Emergency Services (assigned to the Assistant City
Manager); (4) chief of emergency services as are provided for in the emergency operations plan
(these include heads of operating departments and other city staff); and (5) such other representatives
Of civic, business, labor, veterans, professional, or other organizations having an official
emergency responsibility as may be appointed by the Director of Emergency Services with the advise
and consent of the City Council. He said he would also recommend that representatives of the
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Cooperating Agencies, as provided for in the emergency operations plan be considered for appointment
to the Disaster Council, and these were outset more fully in his written report. He recommended
the appointments be designated and appointed by title rather than by name to avoid the necessity
and formality of reappointment in the event encumbents should retire, resign, or for some other
reason be reassigned or replaced.
Councilman Diament moved that the list of names of eighteen cooperating agencies be approved as
members of the Alameda Disaster Council. The motion was seconded by Councilman Beckam, who
requested the motion be amended to indicate Ordinance No. 1676, New Series, adopted September 5,
1972, be implemented. Councilman Diament expressed her consent to the amendment. The motion as
amended carried unanimously on voice vote.
A ten-minute recess was called. Upon reconvening, the meeting continued with the regular order
of business.
NEW BUSINESS:
14. President Corica suggested the City Manager be instructed to place the Post Office building
on the open market for sale, irasmuch as the Library Board had rejected it as a possible site
and the Committee for a Senior Citizens Center had decided it would not be suitable for their
needs.
Councilman Sherratt said he would agree. He asked if the Council wished to place conditions as
to the future use of the building or property.
Councilman Beckam questioned when the City Manager's report on the subject might be expected.
Mr. Goss noted this item of business would be placed on the agenda of the next regular meeting of
the City Council under "Unfinished Business", and his report would be transmitted prior to that
time.
Mrs. Inez Kapellas asked that thought be given to the preservation of historical buildings within
the community, and reported funds were available for the restoration of buildings on the National
Register.
Mr. Joseph Sullivan recalled the previous interest of Mr. Robert Lippert in the building, and
suggested he be contacted.
Mr. Gerhard Degemann, 304 Sandbeach Road, asked if a base bid figure had been set. President Corica
replied if the building were sold, it would be at the highest and best bid; and that the
subject would be discussed further at the next regular meejng.
Mrs. Dorothy Allen, 1020 Pacific Avenue, recalled a previous suggestion that the building be used
as a youth center. She said older youth were in need of a center where bands could play and they
could hold dances.
15. President Corica reported a request has been received from the American National Red Cross,
Alameda Chapter, for a donation of unclaimed properties held by the Police Department to assist
in raising funds for their Disaster Fund. He stated this would be an agenda item at the next
regular meeting.
RESOLUTIONS:
16. The following resolution was introduced by Councilman Hurwitz, who moved its adoption:
"Resolution No. 8555
Appointing Commissioner of the Housing Authority of the City of
Alameda." (Albert H. DeWitt)
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.
17. The following resolution was introduced by Councilman Sherratt, who moved its adoption:
"Resolution No. 8556
Appointing Commissioner of the Housing Authority of the City of
Alameda." (Rose M. Ferro)
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 Oath of Office as administered by the City Clerk to Mr. DeWitt and Mrs. Ferro.
18. The following resolution was introduced by Councilman Diament, who moved its adoption:
"Resolution No. 8557
Appointing Member of the Library Board." (Robert G. Hudkins)
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 Oath of Office was administed by the City Clerk to Mr. Hudkins.
19. The following resolution was introduced by Councilman Diament, who moved its adoption:
"Resolution No. 8558
Appointing Member of the Community Relations Commission." (Aquilino M. Corpus)
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 Oath Of Office was administered by the City Clerk to Mr. Corpus.
20. The following resolution was introduced by Councilman Hurwitz, who moved its adoption:
'Resolution No. 'l559
Appointing Member of the City Planning Board.? (John W. Fenstermacher)
The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the following
roll call vote. Ayes: Five. Noes: None. Absent: NDne,
21' The following resolution was introduced by Councilman Diament, who moved its adoption:
"Resolution No. 8560
Appointing Member of the City Civil Service Board.' (Jack C. Balaz)
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.
22, The following resolution was introduced by Councilman Sherratt, who moved its adoption:
"Resolution No. 8561
Appointing Member of the Public Utilities Board," (Joseph F. Durein)
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.
23. The following resolution was introduced by Councilman Sherratt, who moved its adoption:
"Resolution No. 8562
Appointing Member of the Social Service Board." (Darlene M. Banda)
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,
24. The following resolution was introduced by Councilman Diament, who moved its adoption:
"Resolution No. 8563
Appointing Member of the Social Service Board." (Clarin2 A. Souza)
The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the following
roll call YOte, Ayes: Five. Noes: None. Absent: None.
25, The following resolution was introduced by Councilman Hurwitz, who moved its odO 'On:
"Resolution No. 8564
Confirming Canvass by the REgistrar of Voters of Alameda County of
State Primary Election held June 8, 1976."
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 Beckam, who moved its adoption:
"Resolution No. 8565
Authorizing Execution of Assignment and Delegation Relating to
Transfer of Easement Rights and Drainage Maintenance to Garden
Isle Homeowners' Association."
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.
27. The following resolution was introduced by Councilman Diament, who moved its adoption:
"Resolution No. 8566
Authorizing Execution Of Agreement with Dene Ogden Relating to
Appraisal Services."
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.
The President declared the foregoim resolutions adopted.
INTRODUCTION OF ORDINANCES:
28. Councilman Beckam moved introduction of the following ordinance, after which it would be laid
over under provision of law and the Charter.
"Ordinance No.
New Series
Amending the Alameda Municipal Code by Amending Sections 2-312, 2-321
11-221 Thereof Relating to Appointment of Members of the Recreation
Commission, Golf Commission and Design Review Board."
The motion to introduced was seconded by Councilman Hurwitz.
President Corica said he failed to see what would be gained by adopting the ordinance.
Councilman Hurwitz suggested a Council policy or procedure be set whereby each Council member
could submit two or three names for nomination and the person carrying a majority nomination would
be appointed. Councilman Beckam and Sherratt concurred.
Councilman Diament noted the Charter was written with the intent of advice and consent by the
Council on nominations proposed by the President. She said she felt this should be carried through
all Boards and Commissons, however would agree with President Crica's suggestion that the procedural
issue of nomination of members of the various Boards and Commissions be placed on the ballot. She
said she felt it would be well to be consistent on the procedure for all nominations.
Councilman Beckam stated that should the electorate not amend the Charter to allow for Council
nomination rather than nomination solely by the Presider;t, then the Ordinance could be repealed
accordingly.
On question, the City Clerk reportwed two seats on the Golf Commission and two seats on the
Recreation Commission would expire September 30, 1976; the two seats on the Community Relations
Commission would expire October 31, 1976.
Following prolonged discussion, Councilman Beckam asked that the matter of nominations to Boards
and Commissions be included in the list of Charter amendments to be considered by the Council
at its next regular meeting.
Mr. Charles Tillman said he was particularly interested in matters pertaining the Golf Commission.
He asked if it was the intention of the Council to provide Charter status to other Boards and
Commissions. He reported his written communication on the subject of membership would appear
on the agenda of the next regular Council meeting.
Mrs. Inez Kapellas objected to a Charter amendment which would change the present method of
nomination of members to Charter Boards. She suggested all Boards and Commissions be given
Charter status.
Mr. Joseph Sullivan recommended nominations to all Boards and Commissions follow the procedure
set out for Charter Boards.
Mrs. Dorothy Allen questioned the provisions of the "Brown Act" in the public nomination of
Board and Commission members. The City Attorney replied the "Brown Act" did not require public
hearings or public discussion orithe subject, only that the decision be made in public.
On a call for the question, the ordinance was introduced by the following roll call vote. Ayes
Three. Noes: Councilman Diament, President Corica, (2). Absent: None.
ORDINANCES FOR PASSAGE:
29. 'Ordinance No. 1822,
New Series
An Interim Ordinance Prohibiting Issuance of Certificates of
Occupancy Respecting Adult Bookstore Uses Pending Zoning Study
(Emergency Ordinance)."
Councilman Hurwitz moved the ordinance be introduced and passed as submitted. The motion was
seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five. Noes:
None. Absent: None.
BILLS:
30. An itemized List of Claims against the City of Alameda and the Departments thereof in the amount
of S146,012.63 was presented to the Council at this meeting.
The List was accompanied by certification from the Assistant City Manager that the claims shown
were correct.
1
Councilman Beckam moved the bills as itemized in the List cf Claims filed with the City Clerk on
July 20, 1976, and presented to the City Council at this meeting be allowed and paid. The motion
was seconded by Councilman Diament and carried unanimously on voice vote.
FILING:
31. Affidavit of City Manager and Chief of Police - re Police Secret Fund for period from
January 1, 1976 to June 30, 1976.
32. Assignment and Delegation between City and Garden Isle Homeowners Association.
33. Joint Exercise of Powers Agreement for Solid Waste Management Between City and County of
Alameda.
34. Lease Agreement between City and Raymond P. Britton re 1361 Park Street.
35. Agreement with Dene Ogden re Appraisal Services.
36. Councilman Sherratt moved the Council retire to executive session for a discussion of
litigation. The motion was seconded by Councilman Beckam and carried unanimously on voice vote.
After a five-minute recess, the Council reconvened in the Conference Room for its deliberations.
At the conclusion of discussion, it was determined no action would be taken at this time.
ADJOURNMENT:
37. There being no further business to come before this meeting, the Council adjourned at 11:25
o'clock p.m. to assemble in regular session on Tuesday, August 3, 1976, at 7:30 o'clock p.m.
Respectfully submitted,
City Clerk