1963-11-19 Regular CC Minutes164
REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY EVENING, NOVEMBER 19, 1963
The meeting convened at 7:30 o'clock p.m. with President Godfrey presiding. The Pledge of
Allegiance was led by Councilman Freeman and was followed by an inspiring Invocation delivered by
Rabbi Gunther Gates of Temple Israel.
ROLL CALL:
The roll was called and Councilmen Freeman, La Croix, Jr., McCall, Rose and President Godfrey,
(5), were noted present. Absent: None.
MINUTES:
1. The minutes of the regular meeting held November 5, 1963, were approved as transcribed.
WRITTEN COMMUNICATIONS:
2. From Mr. Otto C. Ri =ttler, Retired Superintendent of Recreation, expressing his gratitude to
the City Council for having named the Otto C. Rittler Park in his honor.
The communication was noted and ordered filed.
ORAL COMMUNICATIONS:
3. Mr. G. N. Pope, 1820 Bay Street, felt it should be noted that this date was the centennial
anniversary of President Lincoln's Gettysburg Address.
Mr. Pope also submitted questions on the matter of the proposal of Councilman McCall concerning the
filling of certain tidelands adjacent to Bay Farm Island and the development thereof by Utah Con-
struction & Mining Co., which subject was to be presented later in the meeting. He registered his
opposition to any further filling of San Francisco Bay.
4.I/ Mr. Frank Gottstein, 731 Haight Avenue, spoke of the traffic congestion in the Posey Tube due
to a stalled car this date. He felt the City should not have to find housing for those who have
been living in the Housing Projects. Mr. Gottstein also expressed his opposition to any filling
of tidelands around Bay Farm Island and emphasized that some land west of Webster Street should be
given attention in this respect and the elevation of said street should be raised.
HEARINGS:
5: The matter was called up concerning the reclassification of certain properties on Santa Clara
Avenue, Mozart Street and Mastick Court from the "R -4 ", Neighborhood Apartment District, to the
"R -5 ", General Apartment District. Mrs. Mary E. Peters, owner of property at 925 Santa Clara
Avenue, had initiated the petition.
The Deputy Clerk stated there was on file the Affidavit of Publication of the Notice of Hearing in
this matter. Also, copies of the minutes of the meeting of the Planning Board at which this matter
was considered had been sent to the Councilmen for their information. Further, the Planning Board
had recommended denial of the petition.
Upon request, Mr. Venable, Acting Planning Director, reviewed the circumstances involved in this
case.
Mr. Cunningham, City Attorney, stated the legal issue before the Council was whether the findings
of the Planning Board, based on Section 11 -175 of the Zoning Ordinance, should be approved, modi-
fied or disapproved.
Upon the call by the President, there were neither proponents nor opponents who desired to speak
on the question. The President then declared the Hearing closed.
Councilman La Croix moved the decision of the Planning Board be upheld and the petition for said
rezoning be denied. The motion was seconded by Councilman Rose and on roll call carried by the
following vote. Ayes: Five. Noes: None. Absent: None.
6.' The matter was presented with regard to the continued Hearings on Resolution No. 6519 concern-
ing the preliminary finding of public convenience and necessity in connection with the Garden Road
Assessment District and also the matter of Resolution of Intention No. 6522 to order the improve-
meat of Garden Road through the formation of the Garden Road Assessment District. 'Both Hearings
had been continued from the Council meeting of October 15, 1963.
For the record, it was noted that two petitions had been received, the first signed by seven prop-
erty owners in opposition to an "individual contract" and in favor of setting up the Assessment
District, and the second a petition of protest, signed by thirty -one property owners in the District.
At this time, the President called upon Mr. Richard P. Schacht, Attorney representing a certain num-
ber of the property owners involved in this proceedings. Mr. Schacht requested a further continu-
ance of the Hearings in these matters for an additional thirty days. He explained that the group
interested in making the effort to have the improvement of Garden Road performed without the formation
of an "Assessment District" had ascertained through call and receipt of bids on such a project that
it could be accomplished at a cost thirty -two per cent below the estimate given by the City Engineer's
office. Mr. Schacht stated he felt very certain of procuring unanimous consent during the next month
from all affected property owners to proceed in this manner rather than by forming said Assessment
District.
Mr. Schacht then reiterated his request for another thirty -day continuance of the Hearings in these
matters - or until December 17, 1963.
Mr. Albert Dubbs, 34 and 36 Garden Road, referred to the petitions filed in these matters and stated
the name of Mr. Joe Souza, 33 Garden Road, appeared on both of them. He said Mr. Souza now wished to
have his name withdrawn from the petition in opposition to the "individual contract" method of having
the improvement performed.
There being no objections, the President declared that the Hearings in.these matters would be con-
tinued to the Council meeting to be held December 17, 1963.
REPORTS OF OFFICERS, BOARDS, ETCETERA:
�f,
7. From City Manager, recommending contracts be awarded to Miracle Equipment Co., Game -Time, Inc.,
and Monarch Playground Device Co., Inc., in the respective amounts of $690.52, $532. and $938. for
furnishing certain items of playground equipment for McKinley Park - the total amount being $2,160.52.
Councilman Rose moved the recommendation be approved; that the contracts be awarded to the desig-
nated firms for the specified amounts for furnishing the items as outlined in the total amount of
$2,160.52. The motion was seconded by Councilman Freeman and carried on the following vote. Ayes:
Five. Noes: None. Absent: None.
8. From Vice Mayor McCall, concerning the filling of the Bay Farm .Island tidelands and the develop-
ment thereof by Utah Construction & Mining Co. and proposing the adoption of a resolution urging
"Utah" to proceed in this respect.
Councilman Freeman raised several questions regarding. the proposal. She objected to the Council's
taking such action, with the moral obligations and responsibilities involved, in the absence of
formal indication from "Utah" that they were the owners of the land and wished to fill, without an
opinion.
Councilman La Croix sympathized with Councilman McCall in his desire to see the City "move forward",
but questioned whether the filling of this land would have that effect. He cited the unfinished
projects before the City, the problems of added population, the proposed school bond election.which
he felt was a direct result of the South Shore .fill. He said he did not support Councilman McCall's
request that the Council urge "Utah" or anyone else to fill the City's lands at this time.
Mrs. June Orr, 1715 Encinal Avenue, vigorously protested against consideration of the proposed reso-
lution, in the best interests of the people of the City, and requested that the Council refuse to
have any part of such a proposal.
Mr. Ralph Jones, 2709 Central Avenue, landscape architect, expressed his opinion that the Council
should think very sincerely.about any proposal .. to fill the Bay which might destroy it or limit it
to a ship canal, pointing up that at the present time there was a strong movement toward a regional
plan for the Bay Area which would require judicial treatment of Bay filling. He felt adoption of
the proposed resolution was untimely and urged the Council to support a regional plan in this matter.
Mr. James Hokanson, 1015 Sherman Street, protested against filling the Bay Farm Island area at the
present time, especially in view of the recent action of the Council in becoming a member of the
Association of Bay Area Governments. He recommended that the City go along with the Association in
its study of this subject.
President Godfrey complimented Councilman McCall on the thought behind the resolution proposed. He
said he was not in favor of the particular method but he knew Councilman McCall, as always, had the
City of Alameda at heart. It was his opinion that the land in question was in private ownership
and if a fill permit were to be requested, granting it would be pretty much a matter of formality.
He then invited Councilman McCall to comment.
Councilman McCall stated the land with which he was concerned was a flooded area of private property
directly across from the Municipal Golf Courses which, he felt, could not be protected unless the
said lands were filled. He referred to the moratorium bill on the filling of tidelands which might
come up for action before the State Legislature in January. He questioned whether this particular
property would come under this bill because he felt there could be a cloud on it. However, he felt
if the bill became law it would be in effect for a long time and could jeopardize development in
the City of Alameda in the future. He requested that action be taken on the proposed resolution.
Councilman Freeman inquired of the City Attorney if the City or "Utah" need be concerned if the
lands in question were not tidelands, as it was her impression that there had been a segregation
of land between tide and submerg ed and marsh lands.
At this point, a group of visiting Boy Scouts left the Council Chamber, and were thanked by President
Godfrey for attending the meeting.
Mr. Cunningham, in reply to Councilman Freeman's question, stated he assumed the Legislature would
insert what it desired, whether salt, submerged, segregated, tidelands, and assuming it to be valid,
it would refer to_the lands as intended, that it would have the power to put the moratorium upon
any or all the lands which were subject to any touch of commerce or navigation.
Councilman Rose stated he was in accord with Councilman McCall's thinking but objected to the pro-
cedure proposed.
166
With the consent of the Council, the order of business was then referred to "Resolutions ".
RESOLUTIONS:
9. Councilman McCall explained his discussion with the City Attorney regarding preparation of
the resolution to protect the best interests of the City. He then introduced the following reso-
lution, moving it be adopted:
"Resolution No.
Resolution Declaring City's Interest in the Further Development of Bay
Farm Island by the Filling of Tidelands Thereon; Urging Utah Construction
& Mining Co. to Undertake Such Development with Respect to Its Lands in
Said Area; and Authorizing City Manager to Discuss with Said Company Its
Present or Prospective Plans Relative to Such Development."
The motion to adopt said resolution was seconded by President Godfrey, who stated he took some
exception to the statement therein as to substantial benefits to the people of the City. The motion
was -lost on the following roll call vote. Ayes: Councilman McCall, (1). Noes: Councilmen Freeman,
La Croix, Jr., Rose and President Godfrey, (4). Absent: None.
The Council then returned to the regular order of business.
UNFINISHED BUSINESS:
10:7 Councilman La Croix again referred to the streets in the Project areas which were named for the
honored war dead of the City. He proposed that a memorial plaque be installed in the Alameda Memo-
rial State Beach park to honor the men whose names were given to these streets and then removed by
the closing �f these areas. It was said that names might be added as desired.
President Godfrey requested that Councilmen Freeman and La Croix act as a committee to look into
this matter further to be assured that a full list of names of men to be so honored would be
assembled, with a report back to the Council at a later meeting.
11. President Godfrey inquired of the City Manager as to the status of the City's request to join
the Association of Bay Area Governments.
Mr. Weller replied that the resolutions adopted by the Council at a previous meeting had authorized
the Mayor to execute the Agreement in this matter. It was added by the City Attorney that all of
the fortywsix other city and county members must be party'to'the Agreement, which could be com-
pleted on December 1, 1963, as covered by the resolution.
RESOLUTIONS:
12. The following resolution was introduced by Councilman Rose, who moved its adoption:
"Resolution No. 6540
Resolution Rejecting Claim for Damages Against City by Samuel M. Matthews
and Theodore Oliver Matthews, a Minor."
The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by
the following vote. Ayes: Five. Noes: None. Absent: None.
13. The following resolution was introduced by Councilman La Croix, who moved its adoption:
"Resolution No. 6541
Adopting Specifications, Special Provisions and Plans for Construction
of Arch Culverts at Broadway and St. Margaret Court and at Peach Street
and Fillmore Street, Calling for Bids and Directing City Clerk to Advertise
Same."
The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by
the following vote. Ayes: Five. Noes: None. Absent: None.
The President declared the foregoing resolutions adopted, as indicated.
ORDINANCES FOR PASSAGE:
14. "Ordinance No. 1447,
New Series
An Ordinance Adding Article 8 to Chapter 3, Title XVII, of the Alameda
Municipal Code, Providing for the Removal of Vehicles Abandoned or Parked
in Violation of Any Provision of This Code or of the Vehicle Code of
California."
Councilman Freeman moved the ordinance be adopted as submitted. The motion was seconded by Council-
man La Croix and on roll call carried by the following vote. Ayes: Four. Noes: Councilman McCall,
(1). Absent: None.
15. "Ordinance No. 1448,
New Series
16 7
An Ordinance Amending the Alameda Municipal Code by Repealing Subdivisions
(33) Through (37) of Section 17 -333 and Adding New Subdivisions (33) Through
(37) and (39) Through (42) to Said Section 17 -333, Relating to All Time and
Limited No Parking. (Broadway - Otis)."
Councilman Freeman moved the ordinance be adopted as submitted. The motion was seconded by Council-
man La Croix and on roll call carried by the following vote. Ayes: Four. Noes: Councilman McCall,
(1). Absent: None.
FILING:
16. Specifications, Special Provisions and Plans No. PW 11 -63 -21 - Construction of Arch Culverts at
Broadway and St. Margaret Court and at Peach Street and Fillmore Street.
BILLS:
17. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total
amount of $41,036.98, 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 McCall moved the bills as itemized in the List of Claims filed with the City Clerk on
November 19, 1963, and presented to the Council at this meeting, be allowed and paid. The motion
was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Five. Noes:
None. Absent: None.
18. Before closing the meeting, President Godfrey thanked Mr. Pope for reminding those present of
the centennial anniversary this date of the great speech by President Lincoln.
ADJOURNMENT:
19. There being no further business to come before the meeting, the Council adjourned - to assemble
in regular session on Tuesday evening, December 3, 1963, at 7 :30 o'clock.
Respectfully submitted,
Deputy City Clerk