1948-02-03 Regular CC MinutesREGULAR MEETING 02 TEE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY EVENING, FEBRUARY 3 - - 1948
The meeting convened at :00 P. Id with President Branscheid presiding.
The roll was called and Councilmen. Anderson, ,Tones, Osborn, aweeney and
President Eranscheid, (5) , were noted present. Absent: None.
MINUTES:
1. The minutes of the regular meeting held January 20, 1948, and the special
meeting held January 21, 1948, were approved as transcribed.
WRITTEN
0 3 MMUNICA2IONI3:
2. Frem Lincoln-Edison Dads' Club, requesting the Council's favorable considera
tion of its request to use ore of the buildings located in Lincoln Park for the
meeting place of Troop No. 17 of Boy Scouts of America.
The matter was referred to the City. Manager for f3rth ar tody and report.
resolution was presented from Alameda Chamber of Commerce, endorsing the
plan to construct a Southshore Freeway as recommended, by Harland Bartholomew and
Associatea, and urginp; the City to immediately acquire the necessary rights-of-way
to assure the early construction of said Freeway.
President 3ranscheid observed that this resolution refers particularly to the Bar-
tholomew study on the hihway program and stated this matter is still in the hands
of the Planning. Beard. He referred the resolution to that Body for its considera-
tion.
ORAL COMUNICTINS:
Mr. Nalson J. •irkholm addressed the Council, referring back to the resolutian
from -the Chamber of Canmerce and inquired if the matter of the proposed acquisi-
tion of tidelands by the City has been referred by the Council to the Planning
Board.
REPORTS 72 i "-7:
From the City Manager, recommending that Otto Rittler and Mrs. Geraldine
Leydecker be authorized to Rttend the Pacific Southwest Conference of the National
Recreation Association, to be held. in Fresno, February 5, 6 and 7, 1948, and that
100. be appropriated far their expenses.
Councilman Sweeney moved the recommendation of the City Manager be adopted; that
Mr. Rittler and Mrs. Loydecker be authorized to attend this Conference and 400.
be allowed for their expenses. The motion was seconded by Councilman Osborn and
on roll call carried by the following vote. Ayes: Councilmen. Anderaon, j'ones,
Osborn, 5,:weeney and President Branscheid, (5). Noes:, None, Absent: None.
6. From the City Manager, recommending that Jude Daniel H. Knox be allowed to
attend the Conference of the Traffic Court Judges and Prosecutors, to be held at
University of California, February 9, through February 14, 1948, and that 30 be
appropriated to defray his expenses.
Councilman Osborn moved the recommendation of the City Manager be accepted; that
Judge Knox be granted permission to attend the specified conference and 30 be
appropriated to cover his expenses. Ti e motio.n . was seconded. by Councilman
Anderson and on. roll call carried by the following vote. Ayes: Councilmen
Anderson, Genes, Osborn, Sweeney and President Branscheid, (5). Noes: None.
Absent: None.
-7 . From the City Manager, recommending that he Go authorized to sell. some of the
r
eld fire alarm boxes and other obsolete materiel accumulated in the Fire D ,Dart-
ment.
Councilman Anderson moved. the City Mahager'- recommendation be followed; that he
be authorized to sell the certain items designated. The motion was seconded by
Councilman jones and on roll call carried by the following vote. ,Ayes: Council-
men Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None.
Absent; None.
8. From the City Manager, with regard to the Bay Farm. Island sewer System;
recommending that the City Attorney. and City Engineer be authorized to set ub
assessment districts to provide for payment of installation of lateral sower
lines an the Island.
Councilman: Osborn moved the City Manageris recommendation be adopted and the
City Attorney and City Engineer be euthorized to proceed with this program.
The motion was seconded by Councilman Diveeney and unanimously carried.
9. From the City. Planning Board, recommending the denial of the petition from
Harold A. Best for the reclassification of certain portions of his proposed sub-
division, known as Tract No. 824, from "A" Ono-Family Dwelling District to the
and "A-1" Districts.
The „petitioner in this matter was not present in person or by representation.
Mr. Robert Yeager, representing the opposition, addressed the Council setting.
forth his opinden that the allowance of the reclassification requested would .
result in a depreciation in the values of the surrounding properties. He pointed
out that all persons whose names appear on the rstiticn, 285 in number, boutht
their propertie8 with the understanding that the surrounding territory would
remain in the "A" One-Family Dwelling District.
As to the question of Navy interest in this matter, Mr. Yeager stated that the
Navy . personnel residing in the district is opposed to the rezoning and that the
Naval it Station authorities wanted whatever the personnel of the Station, wants.
Mr. Birkholm stated. that Alamedans, Inc. has been discussing this matter of re-
zoning of fillings in areas throughout the City and have had opinions from peo-
ple having interest in the development of the southshore that the ability to
hold the Zoning Ordinance may break down. He stated that in his opinion, it was
very important that the Council uphold the recommendation of the City Planning
Board.
Councilman Osborn moved that action on the recommendation of the Planning Board
be held in abeyance until the Council has had an opportunity to make its own
investigation. The motion was seconded by Councilman Jones and on roll call
carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn,
Sweeney. and President Brunscheid, (5). Noes: None. Absent: None.
There was considerable protest to the continuance of this matter.
UNFIIIISHED BUINESS:
/
1O The recommendation of the City Planning Board was presented that the pe 4
tion be denied concerning General Engineering and. Dry Dock Corporation's request
for the reclassification. of a certain portion of its property from the "73" Two-to-
Four Family Dwelling District to the "G" Light Industrial District. The property
is situated on the north line of Eagle Avenue, between L:inturn and Union Streets,
11. Albert George, Esquire, appeared for the petitioner in this matter and through
Mr. P. F. Lesquita, Secretary and e member of the Board of Directors of the pe-
titioning company, adduced the facts that the company owns the land in question in
fee simple; that it own s 30 acres on the other side of Clement Avenue; that the
property was acquired by the company durine the war period and for the purpose
of expanding its plant; that it was never used as oeerative property, but simply
for the convenience of its employees as a parking lot; that the company does not
contemplate developing this particular land; that it is requestinc that the entire
block be rezoned.. to "G" Light Industrial District, believin7 this is the best and
highest use of the land.
Councilman Osborn. inquired of Jr. Lesquita if there were any houses on the property
at the time it was acquired by the company and Mr. Mesquita responded that there
had never been any house on the lots at any time.
Mr. George then presented his arguments, all of them bearing on the question of
the highest use of the land. He pointed out the undesirability of this particular
section of the City for residential use and offered it as his opinion that it was
very unlikely that the portion of the property upon which rezoning is requested
would ever be used for residential purposes. Yr. George also stressed the point
that there is very little, if any, property available in the City for light in
dustrial purposes and that although the Chamber of Commerce is constantly trying
to induce new industries to come to the City, it has no place to put them when
they finally decide to come to Alameda.
Councilman Jones inquired as to when the company acquired the property and Mr.
1;lesquita informed him that acquisition was made in 1942, and the entire block
was needed by the company for parking purnoses at that time.
It woo further developed, through questions nut to MT. Yesquita, that there were
no immediate plans for the development of the property along industrial lines.
Mr. George ...pointed out, however, that the property can be sold for industrial
purposes but cannot be sold for residential use.
Mr. F. N. Hancock, representing the protestants, stated that many people who .
signed the petition favoring the rezoning asked for, did so on the representation
57
that the land would be rezoned for parking purposes only. He stated he has lived
in that neighborhood for the past 13 years and that while the company acquired the
land for use as a parking lot, it was used by the residents in the vicinity be-
cause the employees refused to use the lot and parked in front of the residerices
in the district. He stated that, in his opinion and in the opinion of all those
in the vinity, the rezoning of this property would devaluate their homes.
Mr. James Wiley of St. Charles Street, made a few remarks along the lines of up-
grading instead of down-grading of property within the City and greatly restrict-
ing any rezoning for industrial purposes. He gave it as his opinion that the zones
which are now high-grade should be frozen, stating the citizens of the City are
entitled to that and the City has a moral obligation to keep it that way.
Councilman Sweeney stated he agreed with Mr. Wiley that zones should be frozen
but stated that he could not understand how any planner could go down the middle
of a block and make that the boundary between two classifications - his feeling
being that a street is a natural dividing line.
Councilman Anderson stated the records show the property was acquired in 1942 as
vacant land and the company bought it for a purpose on the basis that it was zoned
the :Jay it is zoned today, paying for it on that basis. In view of these facts,
he stated he could not see why the company should not be asked to sell the proper-
ty on the same basis upon which it bought it. He pointed out that there was
another objection to the rezoning inasmuch as, under the conditions obtaining, the
property could be put to any use within the Light Industrial classification by a
buyer who is as yet unknown. He stated that if a particular person came up and
laid out a plan, the people in that neighborhood might be favorably inclined
toward what this buyer might want to build.
Councilman Anderson thereupon moved the recommendation of the City Planning Board
be sustained. The motion was seconded by Councilman Jones and on roll call car-
ried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney
and President Branscheid, (5). Noes None. Absent: None.
112( President Branscheid called up the matter of the Master Plan of Shoreline
Development.
Councilman Jones stated he would like to submit to the Council something that has
already been discussed in considerable detail with regard to the Taster Plan. He
said he had set it forth in writing in order that all might know the extent of the
deliberations of the Council in this matter, and thereupon read the following pre-
pared statement:
"For a period of many months, the City Council has been taking steps
toward the development of a Master Plan for Alameda which might be more
accurately described as a design or pattern which will assist toward ade-
quately meeting problems of the future.
"During the war years, there was a tremendous increase in the popu-
lation of the State of California, which resulted in overcrowded condi-
tions in many cities throughout the State. Moreover, since the war, the
migration to California has continued still further, adding to already
overcrowded conditions. The number of newcomers to California each month
is estimated to be in the neighborhood of 20,000. The State Legislature
enacted legislation which makes it incumbent upon cities and counties to
develop a Master Plan setting forth in a general way a long range pattern
for the orderly development of the communities. In other words, the
Master Flan is merely a tentative outline to effectively meet, not only
the problems of the present, but those of the foreseeable future. According
to the language of the law, the Master Plan must include all lands which
have been developed and which are subject to being developed within the
area under the jurisdiction of the City.
The City has studied this problem itself and has engaged competent
counsel to advise with it in the development of the various subdivisions
of the Master Plan. Moreover, the Council has invited and encouraged the
offering of suggestions which will help provide the plan best suited to
meet the needs and desires of the people of Alameda.
"One division of the plan now under discussion is the beach and park
development, the other is the projected highway development of the south-
shore area.
"The beach and park phase of the plan was outlined in its proposed
form by requirement of State authorities. In order to have their considera-
tion of any State assistance toward the development of beaches and parks in
Alameda, they required a map outlining in full all such potential develop-
ment that might conceivably be planned for beach or park purposes. Thus,
it was necessary to show on the map the entire beach front at the bulkhead
line which is owned by the people of Alameda. Before any part of such park
or beach project is undertaken, a much more complete study must be made
than that which has already been made in the preparation of this part of
the Master Plan. Moreover, that study would be undertaken only when and
if other developments take place which would make execution of the plan
feasible and desirable.
"The tidelands extending out to the bulkhead line are privately
owned. The owners of that property may at any time, without securing
permission from the City or any of its agencies, proceed with the fill-
ing in of that land and the development of their own subdivision, pro-
vided they meet the requirements as outlined in City Ordinance No. 700,
New Series, which deals with subdivisions. Should these lands be filled
in by the private owners, provision must be made for the development of
an adequate highway system in Alameda to avoid intolerably congested
conditions and also to provide the citizens of Alameda with access to
the publicly owned beach area. Thus, it is, that the Master Plan sub-
mitted to the Council sets forth a proposed freeway from the outer peri-
meter of the tideland. area. The Master Plan merely sets forth that when
and if the tidelands are filled in, then the City shall have the right
to a service road, a right-of-way for a freeway, and the right of access
to the beach area. One of the important purposes of the Master Plan is
to plainly set forth to any private owner of tidelands that these rights
have been reserved by the City, thus avoiding litigation and expensive
condemnation proceedings to later on establish a right-of-way when and
if the future needs of the City imperatively require it.
"One of the proposals made at the public hearing on the Master
Plan was that the City, through purchase, acquire these tidelands to
forestall any possible development of them. The City Council does not
feel that the initiative in such a venture should come from the Council.
Such a proposal, however, could be submitted to the people of Alameda
for vote through the medium of an Initiative petition.
"The City Council wishes to thank all of the citizens who offered
their thoughts and suggestions, each of which has been carefully con-
sidered. In reach our decision regarding this phase of the Master Plan,
we have been guided entirely by what we believe will be best for the
City of Alameda as a whole, at the same time carrying out the full in-
tents and purposes of the State law.
"The City Council in acting upon this shoreline phase of the Master
Plan as presented to it by the Planning Board does so with the full
knowledge that any part of the plan may be changed to meet any change
in the future needs and requirements of the City. We also realize that
we are not bound to the fulfillment of any part of the plan but that we
will henceforth have a pattern to guide us which will enable us to ef-
fectively meet the problems of the future."
At the conclusion of the statement, Councilman Jones moved the Master Plan as sub-
mitted by the City Planning Board be adopted. The motion was seconded by Council-
man Osborn and on roll call carried by the following vote. Ayes: Councilmen
Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None.
Absent: None.
There was considerable discussion on the part of the people in the audience fol-
lowing this action of the Council.
Mr. Birkholm of Alamedans, Inc., requested a copy of the motion made by Councilman
Jones, stating there were many phases of the situation they would like to take
under consideration.
Councilman Jones stated the motion itself was very brief - merely that the Easter
Plan be adopted - but that all transcripts of the proceedings of the meetings will
become part of the data regarding the Master Plan and that, consequently, any of
the objections raised in those hearings will come up again when the time arrives
for considering any portion of the Master Plan. He stated that in his prepared
statement, he had tried to set forth the Council's concept of the Master Plan and
what has been sought to be accomplished by it, not only for the people of the City
of Alameda but for the guidance of future Councils who may be called upon to act
upon the Master Plan.
Mrs. Wiley of St. Charles Street, addressed the Council, stating that she has lived
in Alameda for 30 years and owns a portion of the tidelands. She stated that it
seems to her - and she would like to charge the Council - with the responsibility
of not only looking out for the interests of the people along the edge of the
channel but it should also acquire the tidelands at once. She stated that if it
is possible for the Council to acquire that outer edge, it was her opinion that
the Council might get busy and help the people on the southshore acquire the rest
of it and relieve them of the insecurity threatened by the Alameda South Shore
Land Company. She felt this matter was of supreme importance to the people of
the City.
At this point, City Attorney Whitney explained in detail the nature purpose and
functions of a Master Plan.
Mr. Lockburn then requested the Council to take under advisement at its next meet-
ing the plan proposed by Mr. Albert Agnew for the acquisition of tidelands by the
City.
Mr. Whitney stated this was not a part of the Master Plan which has been adopted
but is a separate matter entirely - which statement was disputed by blr. Lockburn
who pointed out that the consideration of this matter by the Council would give
everybody an opportunity to pass upon this segment of the Master Plan.
Councilman Jones stated there were two or three things he felt should be cleared
up in order that no one would leave this meeting with the impression that the City
contemplates the expenditure of i14,000,000. on the shoreline development plan.
He proceeded to highlight and emphasize certain parts of his statement dealing
with the procedure required to be followed before any work can be done under the
Master Plan. He further stated that the Master Plan is subject to the decision
of the people themselves and that if they do not favor the adoption of the Master
Plan they could, by referendum, vote it out.
President liranscheid brought the discussion to a close with the statement that the
Council has now adopted a plan which it felt is in the best interests of the City
and it is believed the adoption of the plan has been for the protection of the
people. He pointed out that if the people want to voice their objections to the
plan the law makes ample provision for this.
RESOLUTIONS:
12. The following resolution was introduced by Councilman Anderson, who moved it
adoption:
"Resolution No. 3677
Transferring 75,752.55 from the In Lieu Tax Fund
to the General Fund of the City of Alameda."
The motion to adopt said resolution was seconded by Councilman Osborn and on roll
call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn,
Sweeney and President Branscheid, (5). Noes: None. Absent: None. Thereupon
the President declared said resolution duly adopted and passed.
13. The following resolution was introduced by Councilman Jones, who moved its
adoption:
"Resolution. No. 3678
Creating a Special Fund to be Known as "Otis
Drive Sewer Fund" and Transferring 15,O00.
from the Capital Outlays Fund Thereto."
The motion to adopt said resolution was seconded by Councilman Anderson and on roll
cal] carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn,
Sweeney and President Branscheid, (5). roes: None. Absent: None. Thereupon
the President declared said resolution duly adopted and passed.
14. The following resolution was introduced by Councilman Osborn, who moved its
adoption:
Resolution No. 3679
Creating a Special Fund to be Known as "Street
Lighting Fund - Buena Vista Avenue Between
Webster Street and Park Street," and Transfer-
ring 52,000. from the Capital Outlays Fund
Thereto."
The motion to adopt said resolution was seconded by Councilman Sweeney and on roll
call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn,
Sweeney and President Branscheid, (5). Noes: None. Absent: None. Thereupon
the President declared said resolution duly adopted and passed.
15. The following resolution was introduced by Councilman Sweeney, who moved its
adoption:
"Resolution No. 3680
Creating a Special Fund to be Known as "Lincoln
Park Extension Fund" and Transferring 2,1,200.
from the Capital Outlays Fund Thereto."
The motion to adopt said resolution was seconded by Councilman Osborn and on roll
call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn,
Sweeney and President Branscheid, (5). Noes : None. Absent: None. Thereupon
the President declared said resolution duly adopted and passed.
16. The following resolution was introduced by Councilman Osborn, who moved its
adoption:
59
"Resolution No. 3681
Adopting Specifications for Furnishing One (1)
New 1948 Half-Ton Pick Up Truck to the City of
Alameda (Health Department), Calling for Bids
and Directing the City Clerk to Advertise the
Same."
The motion to adopt said resolution was seconded by Councilman Anderson and on
roll call carried by the following vote. Ayes: Councilmen Anderson, Jones,
Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None.
Thereupon the President declared said resolution duly adopted and passed.
ORDINANCES FOR PASSAGE:
17. "Ordinance No. 932, -
New Series
An Ordinance Reclassifying Property by Adding
Section 42 to Ordinance No. 725, New Series.
Councilman Osborn moved the ordinance be adopted as read. The motion was
seconded by Councilman Anderson and on roll call carried by the following
vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President
Branscheid, (5). Noes: None. Absent: None.
FILING:
18. Financial Statement - Goodell, Byers N' Co. - Bureau of Electricity,
as of December 31, 1947.
19. Auditor's Balance Sheet - Month ending January 31, 1948.
20. Specifications - No. MS 2-48-2 - For furnishing 1 new 1948 Half-
Ton Pick Up Truck for Health Department.
BILLS:
21. An, itemized List of Claims against some of the departments of the City of
Alameda in the total amounts as follows was presented to the Council at this
meeting: Krusi Park Extension Fund, 1?1,200.; Webster Street Storm Sewer
Fund, 18,089.74; Bay Farm Island Sewer Fund, 1,225.39: Otis Drive Sewer
Fund, 1,767.95; Gas Tax No. 2 Fund, 33,865.69.
Councilman Jones moved the bills as itemized in the List of Claims filed with
the City Clerk on February 3, 1948, and presented to the Council at this time,
be allowed and paid. The motion was seconded by Councilman Osborn and on roll
call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn,
Sweeney and President Branscheid, (5). Noes: None. Absent: None.
ADJOURNMENT:
22. There being no further business to come before the meeting, the Council
adjourned to assemble in regular session on Tuesday evening, February 17, 1948,
at 8:00 o'clock.
RespectfuThy ubi,ftitted,
ty Clerk