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1954-07-06 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, JULY 6, 1954 The meeting convened at 8:00 o'clock P. M. with President Sweeney presiding. The Pledge of Allegiance was lead by Councilman McCall. ROLL CALL: The roll was called and Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the adjourned regular meeting held June 29, 1954, were approved as transcribed. OPENING OF BIDS: 2:/' were opened and read for the project of Constructing a Civil Defense Equip- ment Garage in Godfrey Park, in accordance with Specifications, Special Provisions and Plans therefor, No. PW 6- 54 -11, as follows: From Haglund Construction Co. - - 4'2,879.40 Accompanied by a Bid Bond From Steadman & Powell Accompanied by a Bid Bond From T. J. Padgett Contractors Accompanied by a Bid Bond From John H. Buestad Not Accompanied by a Bid Bond or Check - - 4'3,659.42 NAN - - 2,196.80 - - 4'3,395.00 From Barron & Hartley - - $2,212.00 Accompanied by a check in amount of 225.00 From Albert Westerbeek - - $2,376.00 Accompanied by a Bid Bond From Frank Mossey - - $2,433.42 Accompanied by certified check in amount of - - 250.00 From J. Paul Gutleben - - $2,611.15 Accompanied by check in amount of - - 225.00 From George B. Green - - 4'3,299.00 Accompanied by a Bid Bond 3. Bids were received and read for the project of constructing a Clubhouse at Lincoln Park and Rest Rooms and Storage Building at Krusi Park, in accordance with Specifications, Special Provisions and Plans therefor, No. PW 6- 54 -16, as follows: From John H. Buestad Proposal A - Lincoln Park Proposal B - Krusi Park Accompanied by bid bonds. From J. Paul Gutleben Proposal A - Proposal B - Accompanied by check in amount of From George B. Green Proposal A - Proposal B - Accompanied by a Bid Bond From Steadman & Powell, Inc. Proposal A - Proposal B - Accompanied by a Bid Bond From Roland A. Smith Proposal A - Proposal B - Accompanied by a Bid Bond - - $41,960.00 - - 13,890.00 - - No Bid - - $14,000.00 - - 1,400.00 - - 4'56,941.00 - - 13,422.00 - - $59,468.00 - - 15,199.00 - - No Bid - - $15,765.00 From Midcal Construction Company Proposal A - Proposal B - Accompanied by a Bid Bond - - $50,200.00 - - 12,390.00 The foregoing bids were referred to the City Manager and City Engineer for study and recommendation. WRITTEN COMMUNICATIONS: 4`. From the Aeolian Yacht Club, in support of the abandonment of the three easements running between Fernside Boulevard and San Leandro Bay and also strongly recommending that the Council take the necessary steps toward establishing adequate small boat facilities elsewhere. This letter was referred to the matter coming up under Hearings ". 5 From Key System Transit Lines, transmitting its check in the amount of $3,052.20, in payment of the franchise tax for the period from July 1, to December 31, 1953. It was requested that the matter of a franchise tax be reconsidered with a view toward reaching some agreement by which at least some measure of relief through elimination of franchise taxes can be given to this company and, in turn, to the people who pay transit fares. Upon request, City Manager Froerer explained that the cities in the East Bay which are presently receiving franchise tax payments are Richmond, Albany, El Cerrito, Berkeley, Oakland Piedmont, Hayward and Alameda - San Leandro does not. He stated the Cities of Richmond, Albany and El Cerrito have taken a definite stand that they will not waive or refund the tax payments. He said it might be pertinent at this time to point out that the City of Alameda was definitely opposed to a franchise tax when it was first proposed some five or six years ago - but in self defense, the City felt it would have to go along with the idea as the neighboring Cities of Oakland and Berkeley insisted upon it. He mentioned there had been a meeting held last Wednesday - a pre - hearing conference - at which these various points were generally discussed by the representa- tives of the cities. The Hearing, as such, is to be held in the Oakland City Council Chamber on July 14, at 10 •00 o'clock a. m. ORAL COMMUNICATIONS: 6 ✓ Mr. Frank Gottstein spoke of the hazard of broken bottles and tin cans being thrown on the beaches - and of the recent case of a boy getting a badly cut foot. He urged that some arrests be made of people who cause this condition. Mr. Froerer stated the policy of the City is to thoroughly clean up the beaches at the foot of Grand Street and Union Street at least twice during the summer season. Council- man Anderson stated that the Grand Street area needs cleaning again. HEARINGS: 7. The matter of the proposed closing of three Public Ways, running between Fernside Boulevard and the United States Tidal Canal, was called up. Mr. Stanley D. Whitney, Attorney representing the petitioners, asked that the letter be read from the City Planning Board which recommended the closing of these easements. The letter dated June 14, was thereupon read. Mr. Randal F. Dickey requested that the minority report of the Planning Board be read into the record. President Pease' statement on this subject, made at the Board meet- ing of June 9, 1954, was read from the minutes of that meeting, as follows: "President Pease stated the City of Alameda, as a community, should be ashamed of the manner in which it has allowed these passages to degenerate. He felt it was time somebody should make a bid issue of it - until that time the passages should not be denied to the public until the community provides something to take their places. He said he would like to suggest to the Board that it recommend to the City Council that these passages not be closed until such time as other means are provided for access to the water ". Mr. Whitney stated this matter was originally initiated by the filing of a petition by the property owners adjacent to the three easements -and joined in by property owners in the immediate area. He took issue with the number of names signed to the petition in opposition to the closing of these pathways, pointing up the fact that these signers live in the Thompson Avenue area. He stated these easements are now, and always have been, nuisances - they are merely indicated on a map filed by the subdivider in 1912 - they are overgrown and there is a sharp drop off at the end of each. There are signs at the Fernside Boulevard entrance of each public way which are invitations for all to use. There could be dangerous accidents at any time - there is no lighting, and if an accident were to happen at night, the City would be liable for damages - it has now been given notice. After going down these easements, people spread out and cause nuisances - the women are not safe at night if their husbands are not home. The City of Alameda is maintaining a nuisance, and, in maintaining these easements, he cited a certain Fresno case in which the Court held that "A Municipality may be held liable for creating or maintaining a nuisance even though a governmental activity is involved ". He said that, as far as these easements are concerned the City has never paid any- body a nickle for them - they are just marks on a map - consequently, the City is not giving away anything of any value - it is giving away a liability. It is true there is a half circle at the end of each easement, but the adjacent property owners could put a fence around this area. He pointed out that the water ends of Central Avenue and Encinal Avenue should be developed for access purposes. If money is to be spent for improving passage ways to the water, it should be spent for something practicable and usable. For forty years the City has never used these pathways, but if the City wants to run a fire hose down these easements, that privilege will be given to it. If they are abandoned, the property will be put back on the tax rolls where it belongs - for forty years the City has been without taxes for no reason whatever. He emphasized that the Planning Consultant and Director both have stated at the Planning Board meeting that these easements were of no practical purpose. The Planning Board had complete reports on this matter twice. Mr. Whitney summarized his arguments as follows: The easements should be abandoned because (1) They are a nuisance to the adjacent property owners (2) It would cost the City too much money to develop them (3) If developed, the City would not have anything for the money spent - a 30- foot_radius and a 10 -foot wide path to get to it (4) Property would go back on tax rolls - how much property is there in the City today which is not on the tax rolls - that owned by the Federal Government, School District and the City - these easements will not produce very much, but=it will be more than the City is getting now. He emphasized that the City is not giving anything away at all - but if the Council must have some "salve" for something the City doesn't want and has never used, he would offer ten cents per foot for the properties to be abandoned - the total amount of which would be $851.48. Mr. John H. Dalrymple, 2827 Marina Drive, Commodore of the Marina Yacht Club, stated this matter had been discussed at its last meeting and the Club had voted against using these easements any further. He stated there are sharp bluffs and slippery mud banks along them which are hazards for children. His Club wishes to go on record as being in favor of better facilities - pointing out that the foot of Grand or Oak Streets would be more satisfactory as they are wider streets. Councilman Anderson asked Mr. Whitney if he represented the six adjacent property owners. Mr. Whitney replied that he represented not only these particular adjacent property owners, but also those in the neighborhood who had signed the petitions in favor_ of closing these easements. Councilman Jones asked in what way does the situation differ from that of closing a street which has been developed. City Attorney Clark answered there is no difference - an unimproved street could be abandoned just the same as an improved street. Councilman Anderson stated Mr. Whitney has brought up the prevailing rate for ease- ments, which came up as the price to get a sewer easement through Federally -owned property. He felt the Council should know if there is a value to this property so far as the City is concerned. He said that whenever the City wants a particular piece of property there are two methods of obtaining it - by negotiation or con- demnation. In either event, the City has had the property in question appraised to determine its value. He asked Mr. Whitney if he believed that his constituents would be willing to have these properties appraised as to what value they would have to the City. Considering the situation of what interest there is or is not in these easements as to value - if they represent a certain value, then the City should be compensated for them if they were to be abandoned. If they have no value, then the City should not expect anything for them - and the decision would stand up in Court. He felt this would be a real point of settlement - not only for the City but to those owners of property on each side if a fair, just and impartial value were estimated. The Council should know the facts - and he felt that undoubtedly this situation can be resolved the way it should be resolved. Mr. Whitney stated he felt satisfied that his clients would be willing to have an appraisal if that is what the City wants. Councilman Jones stated Mr. Whitney has claimed the Council has never contemplated using the property in this area. He wanted to clear up this point - when the City adopted a Master Plan of Shoreline Development there was a recreation development contemplated in this area. The City Manager verified this statement - pointing out that in 1947 the City's Master Plan was approved in which there were included boat landings at the ends of the passage ways under consideration tonight. This Master Plan is being reviewed by the Planning Consultant and Planning Director - but as it stands presently, those passages and half circles are included in it. Mr. Whitney took issue with this statement - pointing up that the Master Plan shows three arrows with the words "boat landings" at the end of these pathways - and he emphasized that the City cannot fill in the land there because it belongs to the Federal Government. Councilman Jones felt the record should be correct - the Council has not ignored the situation. Mr. Dickey addressed the Council at this time and explained that he has been a resident on Thompson Avenue for about twenty -eight years and could, therefore, speak knowingly of these particular easements. With reference to Mr. Whitney's offer of ten cents per square foot as the value of these easements, he pointed out that the City cannot sell anything it does not own - it can either keep them open or can give them away and make-an absolute gift of them. He said that any money paid to the City would have to be an outright gift. Concerning Mr. Whitney's statement that a free- way cannot be built in this particular area, Mr. Dickey stated a freeway can be built any place so long as one has the authority of the United States Corps of Engineers - but in checking with this office, he could find no record of any permits having been granted for any docks, wharves or piers along the water. He said one of the petitioners has built on City property and has ignored constituted authority. He pointed out the City. Engineer had placed signs at the entrances of these easements which had been removed. With regard to the remark that the City of Alameda is subject to a damage suit because of nuisances - he agreed it is obvious the City does have a nuisance in these easements - but in answer to Mr. Whitney's statement that nuisance complaints have been made, he said he has checked with the Police Department and cannot find any record of such complaints having been filed. He stated the Aeolian Yacht Club has no on or off ramps. Mr. Dickey stated there is something far more important to consider - in 1947 the Council adopted the Master Plan and included therein were beaches from the point where the United, States bulkhead line leaves the Estuary down to and around the Naval Air Station. At that particular time and up to the presnet, the City Manager, City Attorney and City Council have tried to et legislation to allocate money for this development. He pointed out the sum of $500,000. has been allocated to the County of Alameda and this amount will be augmented from additional oil royalty funds. The City of Alameda was the first to complete its Master Plan and as soon as all City Master Plans have been coordinated into a County Master Plan, the money which has heretofore been allocated and ear- marked will then be available for these beaches. He pointed out that in the Plan as submitted by this Council there are Yacht Harbors, Boat Landings, etcetera. He pointed out that this Council, as the parent authority through other Departments of the City, has requested and demanded that people in the community when laying out subdivisions allow rights of way to the waterfront. He cited the development of Hansen and Ohanneson, where they were deprived of a lot which could have been sold for about $5,000. because they had to leave an access to the water. He also men - tioned another subdivision where rights of way were demanded. He felt that if the City were to be equitable in the matter, it would have a moral obligation to give back this lot to Messrs. Hansen and Ohanneson. He felt the citizens in that area should not be required to go down to Webster Street or -Grand Street to have access to the water - if and when the City of Alameda does develop facilities which are comparable in those sections, it might be reasonable to consider the request to abandon the existing easements. He pointed out the City is not disfranchising these people who are now making the request that these pathways be closed and he requested that these facilities be left open for the enjoyment of the residents in the vicinity. He said the taxpayers in that end of the City have not complained about buying Krusi Park - they are interested in all of Alameda - and as long as these facilities are there and they are a part of the Master Plan, the City Council should develop them in accordance with the recommendations of the original Master Plan. Councilman Anderson referred to Mr. Dickey's remark about the lot in the Hansen Tract at the end of Central Avenue and pointed out that these three easements end at the water and beyond that is the tidelands property of the United States Government, over which it has control. The Hansen4Tract ends at City property which was given to the City by.the State of California to be-used for municipal purposes. The City cannot sell it and give title in fee simple, therefore, it would be perfectly proper that the City should require a street to give access to its own land,for the public good. Mr. Dickey stated that in 1860 Congress gave to the State of California certain tide- lands and the State of California, in turn, gave those lands to the City in trust, retaining the right for wharfs and dockage - and otherwise, the City of Alameda has the right to use those lands for anything it desires. Mr. Whitney denied Mr. Dickey's statement that a freeway can be built in that area - and quoted from a letter of May 3, 1954, from the Oakland Title Insurance Company as follows, "It is our present opinion that there is no intervening strip of land owned either by the City of Alameda or anyone else. The land lying contiguous on the north - east.forms a part of the United States Tidal Canal, and title thereto is in the federal government." Mr. Whitney thereupon filed the letter and - Litigation Report as evidence. Mr. Dickey explained that in approaching the State of California to secure money for the development of beaches, the City would have to base its request in proportion to those lands which face upon water. For instance, if the City has five miles of beaches and one mile is taken off, then the City receives onlynfour- fifths of the amount otherwise available. He asked "Are we here to represent the people of the . community as a whole or are we here to give away property that belongs to the people as a whole, to a selected few ?" Mr. Richard Kendall, 1805 Fremont Drive, stated no one can contend that these passages are adequate - they definitely need some work done on them. He felt it was not fair that these few people should be given this land at the expense of the taxpayers. He suggested a committee be formed to study what the cost would be to develop these pathways for boating - he said the water is not fit for swimming. If these easements were developed that money would be well spent and it would cost far less than to develop facilities elsewhere. Councilman Jones stated one purpose of the Master Plan was to protect the rights of the citizens, the beach areas and public lands - he said he would not be willing to vote on this matter tonight, one way or the other. He referred to the statement that there have been nuisance complaints. He suggested these people should give their names to the City Clerk and have the Police Department thoroughly investigate the basis of the complaints. Mr. H. B. Key, President of the Waterside Terrace - Thompson Home Owners Association, stated Bass have been caught off the 3300 block of Garfield Avenue and Smelt have also been caught in these waters - and these particular fish are not found in water having more than 15% pollution. He emphasized that swimming will be done regardless of whether or not the State Department of Public Health or the City's own Public Health Department certify that the waters are safe. He felt the Public Ways should be maintained in order that fishing, swimming and boating may be carried on. At this point, Councilman Jones moved this matter be referred to the Committee of the Whole for further consideration, and requested that any citizens who feel. a nuisance has been committed file their names with the City Clerk. The motion was seconded by Councilman Moresi. City Attorney Clark suggested the motion should be that the Hearing be continued - rather than refer the matter to the Committee of the Whole. Councilman Jones and his second accepted the amendment and the motion accordingly was carried by the following vote. Ayes: Councilman Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. REPORTS OF COMMITTEES: 8 ✓ From the City Planning Board, with regard to a letter dated May 24, 1954, from the San Francisco Bay Area Planning Commissioners' Regional Planning Study Committee - and recommending to the Council that $50. be appropriated as the City's share of the cost for participation in Part Two of the Committee's study to accomplish effective regional planning in the Bay Area. Councilman Anderson moved the Planning Board's recommendation be approved; that $50• be appropriated for this purpose. The motion was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. 9 ✓ From the City Manager, recommending that thirteen Patrolmen of the Police Department be granted permission to attend The California Technical Institute for Peace Officers Training classes, to be held at the University of California in Berkeley, from July 19, through July 24, inclusive - and that a sum not to exceed $80. be appropriated for this purpose. Councilman Moresi moved the City Manager's recommendation be adopted; that the thirteen Patrolmen be authorized to attend this training course and the sum of $80. be appropriated to defray their expenses. The motion was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None, Absent: None. 10 ✓ From the City Manager, recommending contract be awarded to J. W. Thompson, the low bidder, for the project of Painting and Decorating Portions of the Interior of the City Hall, at the bid price of $3,725. Councilman Anderson moved the City Manager's recommendation be accepted; that the contract be awarded to Mr. Thompson at the price quoted and the bid checks or bonds be returned to the unsuccessful bidders. The motion was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, . McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. 11. From the City Manager, recommending contract be awarded to Lorentzen Company for the project of Repairing and Recovering of Portions of Floor in the City Hall, at the bid price of $2,067.95. Councilman Jones moved the City Manager's recommendation be approved; that contract be awarded to the designated company and the bid checks and bonds be returned to the unsuccessful bidders. The motion was seconded by Councilman Moresi and on roll call ,carried by the following vote. Ayes: Councilmen Jones, Moresi and President Sweeney, (3). Noes: Councilmen Anderson and McCall, (2). Absent: None. RESOLUTIONS: 12. The following resolution was introduced by Councilman Jones, who moved its adoption: r. "Resolution No. 4956 Authorizing Execution of Amendatory Agreement Modifying Existing Garbage Contract with Alameda City Garbage Association." The motion to adopt said resolution was seconded by Councilman Moresi and on ,roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 13. The following resolution was introduced by Councilman Moresi, who moved its adoption: "Resolution No. 4957 Providing for the Amount Per Diem for Officers and Employees of the City of Alameda for Traveling Expense." The motion to adopt said resolution was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 14. The following resolution was introduced by Councilman Moresi, who moved its adoption: "Resolution No. 4958 Authorizing Execution of License Agreement with United States of America,_Represented by the Department of Commerce, Maritime Administration, For Storage of Civil Defense Auxiliary Fire Equipment at Alameda Maritime Reserve Training Station." The motion to adopt said resolution was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. ORDINANCES FOR PASSAGE: 15. "Ordinance No. 1130, New Series An Ordinance Amending the Alameda Municipal Code by Adding to Section 17 -333 Thereof, New Subsections to Be Numbered (18) and (19), Relating to All Time No Parking." Councilman Anderson moved the ordinance be adopted as read. The motion was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. 16( At this point, Councilman McCall stated he knows there is a plan in the City Engineer's Office for the development of the north end of Grand Street for a boat landing. He felt this plan should come out at the next meeting of the Council for discussion - or the north end of Webster Street should also be considered for this purpose. He suggested the plan should be carefully studied - taking into full consideration the idea of making one strip for incoming boats and another for out- going boats. He stated this would be a great opportunity for a boat ramp with a concessionaire which he felt would benefit the City. He requested that this infor- mation be made available before the matter of the proposed closing of the three Public Ways comes up for vote. 17. Councilman Jones spoke of the booklet recently compiled and distributed by Forrest V. Routt, Jr., Executive Secretary of the Civil Service Board, entitled, "Let's Get Acquainted ". He expressed the opinion that this pamphlet was very informative and well written and highly commended Mr. Routt for his fine work. He moved that, in the name of the City Council, congratulations should be extended to Mr. Routt for the splendid job in putting out this booklet of information. The motion was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. 18. Councilman McCall referred to the recent adoption of the ordinance regulating the operation of power boats within certain areas and inquired if this applies to all areas surrounding Alameda where there would be swimming or a beach area. He felt definite swimming areas should be designated within the City. The City Attorney stated the ordinance reads that power boats shall not be operated within 200 feet of any beach frequented by swimmers, or any float appurtenant to the beaches. He stated the reason for this is that at present the State law permits operation of power boats within a distance of 200 feet of swimmers or a float, at a speed of not to exceed five miles per hour - and it also provides that Cities and Counties may enforce stricter regulations. FILING: 19. Financial Statement - Bureau of Electricity, as of May 31, 1954. BILLS: 20. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $17,666.67 was submitted to the Council at this meeting. The List was accompanied by a certification from the City Manager that the Claims shown were correct. Councilman Anderson moved the bills as itemized in the List. of Claims filed with the City Clerk on July 6, 1954, and submitted to the Council at this time, be allowed and paid. The motion was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. ADJOURNMENT: 21. There being no further, business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, July 20, 1954, at 8:00 o'clock. Respectfully submitted, Cifit;' Clerk