1973-12-11 Regular CC Minutes4
ADJCURHED hRGULAR LEETiNG OP Ta, COUNCIL CF THE CITY OF IRLARA
HELD TUESDAY - - - - - -DECELBR 11 .1('"
The meeting convened at 5:15 p.m. with President La Croix presiding.
ROLL
The rsil was called and Councilmen Corica, Hurwitz, ReCall and President La Groin, Jr.,
were noted present with Councilman Reckam arriving shortly thereafter, (5). Absent: Fone.
GEAR LGEHDA:
The following persons expressed their desire to speak. under nIntroduction of Ordinanees'T,
item No. 2: hr. Charles Tillman, 24_15 Roosevelt Drive, and hrs. JayLe Langdon, 507 Central Avenue.
HNFlEi5hEDBUSIIILSs:
2. V President La Croix referred to the Environmental impact Report of the A. D. Little Co.
with regard to the findings of the Oakland Airport in conjunction with the City of Alameda and
the Lay Farm Island area, He stated that for some time Dr. haurice A. Garbell had been under
periodic hire by the City for rebuttal and/or information concerning any report requested by the
City or given by the Oakland Airport. lie asked if the Council would deem it proper to request Dr.
Garbell to report to the Planning board when the LIR concerning the harbor Day isle development
was considered. under their hearing. Fe reported that Dr. Carbell would have to be hired for his
appearance.
Following discussion, the Council indicated they did not wish to engage Dr. Garbells services
for this particular occasion.
The City Attorney stated that both he and the Assistant City Attorney would be present at the Hearing.
'i. V There followed a general discussion concerning the appropriateness of requesting all
Department Heads to attend Council meetings, in order that they might be available to respond to any
questions which night arise involving their particular Departments.
The City. Manager explained when the agenda indicated an item which night require exiiianation, there
was a representative of the Department involved in attendance at the meeting.
The City Tanager was directed. to inform the Planning Director that the Council wished him to
attend all Council meetings.
4. Councilman Corica commented on the City hanager's recent attendance at the meeting of the
U. 5. Conference of hayors held. in San Juan, Puerto hico. He said it was his opdnibn that in the
future when the City Lanager was going to absent himself from the City for over twenty-four hours,
except on emergency matters, he should first obtain permission of the Council-
5. Councilman Corica remarked on procedure f 1' the selection of a new General hanager of the
Bureau of Electricity.
Shin FUSTITE:
-
6. Councilman Deckam brought up the subject of the non-deductible IL Utilit:V. Tax. ne stated
aPLer discussion with the City Attorney, there was a possibdlitz the ordinance could be changed..
to make this art allowable deduction. for income tax purposes. he suggested the City Attorney be
requested to redraft the ordinance to insure tie inclusion of necessary rrovisions for deductibility.
The City Attorney said be would investigate the matter and, report bach to the Council.
7, V Councilman. Corioa stated that at the meeting held bovember 6, 1973, the City Attorney had
been asked to writo to the A. D. Little Company requesting they consider and inolude in thcis SIN
of the Farber Cal isle development natters efCecting ihrojects arising because of the increasing
energy shortage, specifically, electric current and gas consumption, lie noted letters had been
receivect from the Bureau of Electricity and the Pacific Gas P. Electric Company stating there would
be enough gas and electricity. lie said be was c: the opinion the A. D. Little Company should attach
an addenum to the :can naon-ling this ptase.
Councilman lecher concurred in Counolli= Corica,s remarks and suggested, in view of recent develo-
ments in the energv crisis, the Corheany be directed to provide an honest, and current analysis
of this impact.
The :hit, Attorney was diaccted to convey this _request to the A. h. Little Cot:pans.
At this time, the meeting reverted to 1,Unfinishee tinciess".
VIESlibiD BUII35:
P. Counoilman Hurwitz asked the City Engineer for a status report concerni ng the South. Shore
beach . erosion and otter nroliitms.
City Engineer henna replied he would meet with representatives of the East Day Regional Park
District at 1:00 ofcloa nr. on December 12, at the leemorial State Reach.
Vo]lowing discussion concerning the urgency of providing a solution to the odor problem, the City
Engineer was requested to sublia, a report to the Council prior to their next regularly scheduled
meeting.
The meeting returned to the regular order of business.
aESOLUTIOEs:
D.
"Eesolution ho. 1145
Calling a Special nUnicipal Election in the City of Ais.meda
to be held on Tliesda, January 22, 1974, for the Furpose of
Suhmitting to idecors of Said City a Petition, Signed ;ty nt
.Least Thirty Percent (30) of the Total Nupeber cc Persons
Voting at the Last General. hiUnioipal Llection, Denanding the
Lecall of James L. Eolin and Ian Weber from Their Eespective
Llective Office of Kumbers of the hoard of Education of the
RIpmeda Unified School District of nlameda County; Fixing
Date of Said Special Election, Bonner of Holding Same, Fro-
vfding for 'Vt.:ice Thereof, and Providing for Form of Eallot
Thereat; Establishing :Election Precincts, Fixing Numher of
Election Of'floers on hoard. of Election for each Precinct
and Their Compensation, and designating hours of Voting.
The City Attorney reported in thin connection. there were persons in the audience who wished to be
hcare on the matter.
1T0 Donald E. ilvensari, 3101 La Cresta, stated he was an attorney and prospective candidate he
said a dispute had arisen between the City Attorney and hiltssILL' regarding interpretation of the
Cit. Charter with respect to nominating procedures in recall elections, and requested that Die
Council resolve the ml,,,tdr. he introduced his attorney, l'r. Steven E. Walker.
hr. ,ialker stated his client did not wish to run against any one person, in sin event the recall
should he successful, but wished to be listed on the ballot as a candidate following each of sac
two recall measures. He recited Section 1-2 of the Charter as the authority for bringing this
matter before the Council; quoted. from Section 11-2, relating to the election of members of she
Foara of Education, and. Section covering candidates in Runicipal faections, in carport of
his contention_ LI.. Walkor stated the City ettorney based his position Oil Section 21-19 dealing
with Recall Elections, and read this section in full to the Council. He Eleoliained his client
was not running against any person but for the office and asked that the Council instruct the
City Attorney and the City Clerk to permit each candidate to he listen on the ballot as a candi-
date under each cuestion of recall.
The City Attornog stated the presentations of Less in. balker and Silverman were more of an argu-
ment as to whg the Charter shoule be changed, rather than an interpretation of what it reasonably
said. He said this argument had previously been used before the State Legislature which had
changed the law with respect to Cl eneral Law cities. hr. Cunningham stated Section 19-3 did not
acpoar in the Fecall Hrtiele NX and referred solely to .Euhicipal Elections; that the persons
who framed the Charter had gone into great detail covering provisions of a flecall Hlection,
and elaborated on the wording of Section 2t.-1.
At the conclusion of discussion, Councilman EcCall moved that tie City Clerk De instructed to
accept Hoseti=ting -Petitions of candidates seeking to succeed to the office(s) of the person(s)
sought to be recalled, and, on request of the candidate, to list such candidate under one or both
of the recall measures. The motion was seconded by Cou_nelLrian Hurwitz and carried unanimously.
The foregoing resolution was then introduced by Councilman Deckam, who moved its adoption, no
motion to adopt said resolution was seconded by Councilman. Cation ansi carried on the following
roll call vote. lyes; Five. Noes: Is,oho, Absent: Nano,
the following resolution was introduced by Councilman PooLa.i who moved its adoption.
Pitesolstion No, 0141
Rejecting Claim of Premier Insurance Company Against City."
Tie motion to adopt said resolution was seconded by Councilman Corica ane carrieC on the following
roll call vets. Ages: Five, Nees: None, Absent: None,
11. The following resolution was introduced by Councilman heckaii, 15L0 moved its adoption.
Es:solution No. S142
Nejecting Claim of Foothill Vallog. Insurance sgency Against
The motion to adopt said resolution was seconded by Councilman FcCall and carried on the following
roll, call vote, ,Vee: live. Noes: None. Absent: None.
12. The following resolution was introduced by Councilman Beckam, who noved its adoption:
"Resolution No. M43
Adopting Specifications for Furnishing to the City of Alameda
Eight hew A)34 liodel Four—Door Intermediate Size Law 'Anforce-
meat Sedans for the Police Department, Calling for Bids and
Directing City Clerk, to Advertise Same."
The motion to adoot said resolution was seconded by Councilman. Hunaitz and on roll call carried
I'fy the following vote, Ayes: Five. floes: :flone. Absent: None.
The followirg resolution was Introduced ci
Ip Councilman orica who moved its adoption:
-e
"Resolution No. 'cl)!/1
Adopting Secifications for Furnishing to the City of Alameda
'rwo (2) Compact Size Four—Door Sedans, One (1) Sub—Compact
Size Station wagon, One (1) 3/4, Ton Pickup Truck, and One (1)
Four—Door Sedan, Calling for Rids and Directing City Clerk to
Advertise Same."
The motion to adopt said resolution was seconded by Councilman Leckam and carried on the following
roll call vote. Apes: Five. Noes: 'None. Absent: Nene,
The President declared the foregoing he-solutions adopted.
-.ITRODUCTIOU Or OLDITTAI.112,:;',S
14. Councilman Beckam introduced the following or'dsnance, after which it would de laid over
under provision 01 iaw and the C;labter:
"Ordinance No.
flew Series
Amending Ordinance lie. 642, Nc.31- Series, by Amending Section
5.:2. Thereof, Relating to e-classification of Personnel."
The rhotion was seconded by Councidrzn Huraitz and carried on the following roll call vote.
Ayes: Five. floes: None. Absent: done.
15.
uerdinance No.
Now Series
Imending the Alameda Nunicipal Code by Amending, Adding to,
and Repealing Certain Sections Thereof, Relating to the
Regulation of Dogs, Cats and Other inian d'int.hin City,
Establishing Fees for Licensing, and Providing for Impound-
-meat, Retrieval and 'disposition of ;a.F.I.e."
Cr, Charles Tillman referred. to Sections 4-223, 4-224 and 4,225 of the proposed ordinance, relating
to dogs on public grounds, stating they would apply to both leashed and unleashed dogs. He remarked
these provisions would allow no area within. the City where an ownor might be able Co take his leashed
dog and requested That the proposed Section 4-223 be deleted, in its entirety, and remain in force
CS presently set, out in the Alarieda ilusicipal Goee, he recommended that an area be set aside as
a dog, run.
Councilman niC 11 objected to the deletion of Section 4-223. He said that cost dog owners were not
conscientious in cleaning up after their animals and he did not feel dogs should be anlowed in parks
or other ovulic grounds.
nfter Siccussion„ Councilman j:eckam moved Section 4-223 be deleted from the broposod ordinance
under consideration, and changes be made on the face of Sections 4-224 and 4-225 Dy. inserting the
word "unleashed" between. the words "eve7 dog" and "any dog". The motion was seconded by Councilman
HUrUit7 and carried on the following roll call vote. Ayes: Pour, hoes: CounciliTan. NcCall, (1)
Absent: 'Hone-
CouLluran Beckam, asked it' there was an ekisting onlince which would require persons ow-ning
leashed or unleashed (:10,7,s to clean up the waste deposited by their animals on public sL,reets and
grounds. Yne City lYttorney replied in the negative and Councilman D.eckam suggested that perhaps
suci . a provision should be included in Lilo proposed ordinance.
Councilman Hurwitz stated he believed schoolground areas should also be included in the proposed
ordinance. The City fttorrneT advised these were properties over which the City bad no jurisdiction.
He was requested to contact the Alameda Unified School District In this regard.
At the concDuslon of discussion, en was dotomsined furtner consideration of the proposed ordinance
would Ho laid over pending, investigation of the foregoing requests and suggestions.
Mrs. Jayne Lan,7Con asked thal:, she he referred to the person, within the Cit:y covernment, with whom
sPo might discuss the dismosition of irspounded anals. President la Groin suLzested she contact
11r. Jerry. Eichelberger, who was in charge of the operations of the City Pound,
16. Specifications Ko. MST 12-73-4 - 1Ught ,S how TMZ74 :Model Four-Door Intermediate Size
Law Tdmforcement Sedans for Police Departmeal
6pecifications do. iru 12-4 - Two (2) Compact ze Four-Door Sedans, One (1)
Dub-dom-pact Sirse Station Ilaflon, Ore (1) 4 Ton Pickup Truck, and
One (1) Pour-Door ',3edan for Various City Decartments.
oJounuiz,I,L:
i6. There being no further business to come before the meeting, tie Councii adjourne6 Ti i
respect to tre imahory of 2,P= COTT6=11, to assamOle in regular session on Tuesday, DecemMor 10,
1973, at 7:3C 0t clod:
Lespectfumly suLadtte.i.
City Clerk