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1964-06-03 Regular CC Minutes) REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMED& HELD WEDNESDAY EVENING ' JUNE 3 1964 The meeting convened at 7:30 o'clock p.m. with President Godfrey presiding. The Pledge of Allegi- ance was led by Councilman McColl and it was followed by an inspiring Invocation delivered by The Reverend Mr. Jun Fujimori, Pastor of Buena Vista Methodist Church. At this point, President Godfrey acknowledged the presence of, introduced and welcomed Mr. --- Carl W. Hamilton, the new Librarian of the City of Alameda,' who was greeted with applause. 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 adjourned regular meeting held May 18 (continued Hearing), the regular meeting held May 19, and the adjourned regular meeting held May 21, 1984, (continued Hearing), were approved as transcribed. WRITTEN COMMUNICATIONS: ' . . 2.r ""~/ Frmn Mr. Donald D. Porter, 3264 Adams Street, concerning the use of pin ball machines near Alameda High School. It was pointed out there was un^ordinence for'iutruductinn listed on the agenda for this meeting which would prohibit the use of said machines by minors within three hundred feet of any school grounds. The Clerk was instructed to acknowledge Mr. Porter's letter and send him a copy of the propoaed^ordioancm. 3. , From Mrs. June 8okanson, 1015 Sherman Street, concerning the proposed development of Bay Farm Island - and asking that further action be postponed until consideration was given to the need for a portion of this area as a bird and wildlife refuge. The President remarked that the area in question was private property and he suggested the Clerk send a copy of Mrs. Hokanson's letter to the owners and ask that they attempt to work out something in this respect. Councilman McCall called attention to the fact that some years ago American Legion Post No. 9 of -Alameda requested the Federal and State Governments to declare San Leandro Bay a Migratory Water Fowl Refuge. Be said it was so posted and he suggested that Mrs. Hokanson might wish to contact the Port of Oakland about this matter. ORAL COMMUNICATIONS: 4:1 Mrs. Elsie Roemer, 1556 Everett Street, referred to Mrs. Hokanson's letter and spoke on this subject. Mrs. Roemer commented that Alameda had enjoyed an excellent reputation among ornithologists throughout the world for the number of species of unusual birds which depended for their existence upon certain areas such as were found on Bay Farm Island - the marsh lands, for example. She felt it was important to maintain and preserve chianatural habitat. 5Y Mr. Frank Gottutein,731 Haight Avenue, spoke at length about raising the grade of Webster Street to obviate future flooding during the winter storms. He urged that action be taken while the abutting properties were unimproved and thus the cost would be less. �',� b. Mrs. Inez Kapellas, 1128 College Avenue, claimed the Redevelopment Agency had given out erron- eous information about the taxes on a certain piece of property on Park Street and contended that the Agency, in so doing, had misrepresented, and was harming, not only the City Council but the City Administration, as well. The City Attorney was to check into the circumstances. HEARINGS: 7." The matter was called up concerning the requested reclassification of certain property at the northerly end of Webster Street from the "M-2-G", General Industrial (Manufacturing) District- Government,- to the "R-5", General Apartment District. .The petition was filed by Mr. Robert E. Hannon. The Clerk stated the Affidavit of Publication of the Notice of this Hearing was on file. Further, copies of the minutes of the meeting of the Planning Board at which this matter had been considered had been sent to the Councilmen for their information. Also, the Planning Board had recommended approval of the petition and there was an ordinance for introduction prepared for action at the proper time. ` � Upon request,,Mr. Donald F. Johnson, Planning Director, reviewed in some detail the history of this case by reference to large maps showing the property and area in question. - City Attorney Cunningham was then called upon and stated the legal issues were whether the findings of the Planning Board in its advisory report based upon Section 11-175 of the Zoning Ordinance should be approved, modified or disapproved. The President called for the proponents of the question and Messrs. Robert Hannon, Applicant, and Robert Goetz, Architect, addressed the. Council. Mr. Goetz pointed up the suitability of this loca- tion for the development of garden apartments, boating and docking facilities and other water recreational activities which were planned for this area. He stated they would work with the City Planning Staff within the requirements of the zoning regulations in this proposed development. Upon inquiry for the opponents in this matter, there was no response. The President then declared the Hearing closed. Following some favorable comments on the desirability of having this site improved, as proposed, Councilman McCall moved the Council approve the recommendation of the Planning Board and said property be rezoned as requested. The motion was seconded by Councilman Rose and on roll call: carried by the following vote. Ayes: Five. Noes: None. Absent: None. The matter was then referred to "Introduction of Ordinances ". REPORTS OF OFFICERS, BOARDS, ETCETERA: 8‘.7 From the City Attorney, requesting permission to dismiss litigation in Case No. 3925, Alameda Municipal Court, City v. Drennan, Leffler - since damages in the sum of $256.46 had been fully satisfied. Councilman Freeman moved the request be granted and the City Attorney proceed to dismiss said liti- gation. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 91( From the City Manager, recommending contract be awarded to Brown & Sanborn, low bidder, for furnishing six Four -door Sedans to the Police Department, in the total amount of $8,244.08. Councilman Freeman moved the recommendation be approved; that the contract be, awarded to said firm for furnishing the specified automobiles at the cost quoted. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 10. From the City Manager, recommending contract be awarded to Signal Oil Company for furnishing Premium and Non - Premium Gasoline during fiscal year 1964 -1965, at the lowest and best bid. Councilman Freeman moved the recommendation be accepted; that contract be awarded to the designated company for furnishing said Gasoline at the respective prices quoted. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 11. From the City Manager, recommending contract be awarded to De Soto Chemical Coatings, Inc., for furnishing Paint during fiscal year 1964 -1965, at the lowest and best bid - and that the Thinner be purchased in the open market. Councilman Freeman moved the recommendation be adopted; that contract be awarded to the firm indi- cated for furnishing said Paint at the prices quoted - and the Thinner be purchased accordingly. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 12: From the City Manager, recommending contract be awarded to Alameda Times -Star for legal adver- tising during fiscal =.year 1964 -1965, at the rates of $2.39 and $2.19, respectively, for the first' and the subsequent publications. Councilman. Freeman moved the recommendation be followed; that contract be awarded to Alameda Times - Star for said legal advertising at the rates quoted. The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 13. From the City Manager, recommending contract be awarded to Rhodes & Jamieson, Ltd., sole bidder, for furnishing Portland Cement Concrete Transit Mix during fiscal year 1964 -1965 at the total cost of $5,165. Councilman Freeman moved the recommendation be approved; that contract be awarded to this firm for furnishing the specified item at the amount quoted. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. P4. From the City Manager, recommending contract be awarded to MEG Engineers for the project of Minor Street Patching with Asphalt Concrete during fiscal year 1964 -1965, at the total cost of $4,557.80, as the lowest and best bid. Councilman Freeman moved the recommendation be approved; that contract be awarded to said company for the specified project at the price quoted. The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 15.' From the City Manager, recommending contract be awarded to Aldo J. Ferrero, low bidder, for the project of Repairing Sidewalk, Driveway, Curb and Gutter during fiscal year 1964 -1965, at the total cost of $5,002. Councilman Freeman moved the recommendation be followed; that contract be awarded to.the designated bidder for said project at the price quoted. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 16 From the City Manager, recommending contract be awarded to MEG Engineers, low bidder, for the project of Installing House Laterals during fiscal year 1964 -1965, at the total cost of $13,630.05. Councilman Freeman moved the recommendation be accepted; that contract be awarded to the firm indicated for the designated, project at the total cost quoted. The motion was seconded by Council- man La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. r- 4 17. From the City Manager, recommending contract be awarded to Ransome Company, low bidder, for the project of Paving Areas in Various City Parks, at the total cost of $8,956.25. CouncllMao Freeman moved the recommendation be approved; that contract be awarded to the designated company for the specified project at the price quoted. The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 18. From the City Manager, recommending contract be awarded to Manor Painters, low bidder, for the project of Painting and Decorating Portions of City Hall, at the total cost of $3,024. Councilman Freeman moved the recommendation be followed; that contract be awarded to said firm for the project indicated at the price quoted. The moctou was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 19.'7 From the City Manager, submitting the Tentative Budget of the City of Alameda for fiscal year 1964-1965. Councilman Freeman moved the Tentative Budget be accepted for further study. The motion was seconded by Councilman La Croix and unanimously carried. 20. From Public Utilities Board, signed by Mr. G. A. Baxter, Secretary, submitting copy of its Reso- lution No. 2245 adopting Budget for the Bureau of Electricity for fiscal year ending June 30, 1905, and pledging a dividend to the General Fund of the City in the amount of $750,000. Councilman McCall commended the members of the Public Utilities Board and the management of the ' Bureau of Electricity for their business-like operation of this department which made it possible to pledge this large dividend to the City and thus assist the taxpayers of the community. Council- man McCall moved the Council accept the dividend of S750,000. with appreciation. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 21. From City Planning Board, signed by the Secretary, recommending the adoption of the proposed amendment to Sec. 11-l4&7(j) of Ordinance No. 1277, New Series, to reduce the present fence and wall height limit in front yards from three and one-half feet to three feec. There being no objection, the Hearing on this matter was set for the next meeting of the Council, to be held June 16, 1964. 22; From Mr. Raymond D. Brown, submitting his resignation as Auditor, ex-officio Assessor, of the City of Alameda, effective as of September 30, 1964 - and extending his thanks to all officers and employees for their many courtesies: to him during his tenure of office. Councilman Freemen moved the resignation of Mr. Brown be accepted with regret, as of September 30, 1964. The motion was seconded by Councilman La Croix and carried. It was agreed that an appropriate resolution of commendation would be prepared for action at the proper time. INTRODUCTION OF ORDINANCES: 23. Councilman Freeman introduced the following ordinance, after which it was laid over under pro- vision of law and the Charter: "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code by Adding to Title XVIII, Chapter 5, a New Article 2, and Enacting Sections 18-521 to 18-525, Inclusive, ' Thereof, Relating to the Operation of Pinball Machines by Persons Under the Age of 18 Years." 24. Councilman La Croix introduced the following ordinance, after which it was laid over under pro- vision 'of law and the Charter: "Ordinance No. New Series An Ordinance Amending Section 17-364.1 of The Alameda Municipal Code, Relating to the Establishment and Removal of Parking Meters, and Time Limits, in Parking Meter Zones." 25. Councilman McCall introduced the following ordinance, after which it was laid over under pro- vision of law and the Charter: "Ordinance No. New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series." (North end of Webster Street - Hannon) UNFINISHED BUSINESS: 26. ^ Councilman Freeman referred to the subject of the City as the Grantee of certain Salt Marsh, Tide and Submerged LandS. under the California Statutes of 1913, as amended by the Act of 1917. She felt it should be determined which lands the City held and, therefore, action should be taken to segregate the public and private ownerships. Councilman Freeman then moved that the City Attorney proceed to quiet title. upon all that real property granted to the City of Alameda as described in the aforesaid Statutes, omitting only those lands upon which deeds and patents were issued according to law by the State of California or by the Federal Government. Councilman La Croix seconded the motion, explaining that he was doing so merely to get the matter on the floor. Speaking on the question, there was a lengthy discussion of this situation. Mr. Cunningham pointed out that such litigation; would require the services of land -title specialists and it would be an„under- taking of great magnitude. The Councilmen also expressed their opposition to taking action without having more information and an opinion on the matter from the City Attorney. The question was then put and the motion was defeated by the following roll call vote. Ayes: Councilman Freeman, (1). Noes: Councilmen La Croix, McCall, Rose and President Godfrey, (4). Absent: None. Councilman La Croix asked that the City Attorney research this issue and submit a report on his find- ings. It was so ordered. At the request of Councilman Freeman, a verbatim transcript from the platter recording of this portion of the meeting has been made and which, by reference, has been made a part of the minutes thereof. 271 Councilman McCall again referred to the hazardous traffic pattern on the Oakland side of Posey Tube and inquired if any rectification was in progress. Mr. Hanna reported on his activities in attempting to have this dangerous condition corrected. He was to continue in this endeavor. NEW BUSINESS: 28Y Councilman McCall referred to a recent meeting of the Alameda County Advisory Highway Committee and stated that it would make its presentation to the State Highway Commission at a meeting to be held soon in the Chamber of the Alameda County Board of Supervisors. He felt the City should take advantage of this opportunity to join with all cities in Alameda County - but before doing so, it should be informed what.the priorities were in this respect. Mr. Hanna explained that this Committee intended to correct the list of priorities and send it to the representatives of the cities involved and then to ask for resolutions of support. RESOLUTIONS: 29. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6628 Approving,Agreement with the State of California for Maintenance of State Highway Route 226 (61) and Authorizing Execution Thereof." 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. 30. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6629 Establishing Consolidated Election Precincts, Designating Polling Places Therefor and Naming Officers of Election for the Consolidated Precincts for the Special Municipal Election to be Held on Tuesday, June 30, 1964." The motion to adopt said resolution was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 31. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6630 Adopting Specifications, Special Provisions and Plans for Resurfacing of Franklin Park Tennis Courts, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 32. Councilman Rose introduced the following resolution: "Resolution No. 6631 Adopting Specifications, Special Provisions and Plans for Resurfacing of Various Streets in the City of Alameda, Calling for Bids and Directing City Clerk to Advertise Same." In connection with this resolution, Mr. Weller explained the uncertainties that existed last year at budget time regarding the gas tax allocations from the Collier -Unruh Bill and so $25,000. was ear- marked in the Capital Outlays Fund for possible street work. He stated the City now knew more about it and he recommended the adoption of this resolution and that the Council specifically authorize the transfer of $18,600. from this account to the regular street account. • Councilman Rose then moved the adoption of the resolution and that the Council authorize the increase of $18,600. to Account 441 in the Street Department.budget and the deletion of the $25^000. item from the Capital Outlay Fund. ,The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 33. The following resolution was introduced by Councilman Freeman,-who moved its'adoption: "Resolution No. 6632 Declaring Intention of City Council of the City of Alameda to Order the Vacation of a Certain Unimproved Roadway or Street Located on the Extension ' of Fifth Street Northerly of Buena Vista Avenue, and Referring to a Certain Map for Particulars of the Proposed Vacation." 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. 34. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6633 Providing for the Amount Per Diem for Officers and Employees of the City of Alameda for Traveling Expenses." The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 35. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6634 Finding and Determining That Work Proposed to be Done Under Building Permit Applied for by Western Hearing Centers is Compatible with Redevelopment Plan for Park Centre Project, No. Calif. 11_63, and Authorizing Issuance of Such The motion to adopt oaid resolution was seconded by Councilman La Croix and on roll call carried by the following vote. Ay es: Five. Noes: None. Abnent: None. 36. The following resolution was int roduced by Councilman Rose, who moved its adoption: "Resolution No. 6635 Appointing Member of the Board of Education." (Mrs. Lee H. Cavanaugh) The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 37. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6636 Appoincing Member of the Public Utilities Board." (Albert H. Ainslow) The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 38. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6637 &ppoiuting Member of the Civil Service Board." (Elvin Larsen) The motion to adopt said resolution was seconded by Councilman Fr*eman^and o roll call carried by the following vote. Ayes:' Five. Noes: None. Ab sent: None. 39. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6638 Appointing Member of the City Planning Board." (Milton E. Soma) The motion to adopt said resolution was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Four. 0oeo; 0nne, Not Voting: Councilman Freeman, (1). Absent: None. 40. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6639 &ppoincing Member of the City Planning Board." (Jerry J. Hoist) The motion to adopt said resolution was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Four. Noes: None. Not VOtio&: Councilman Freeman, (1). Absent: None. 41. The following resolution was int roduced by Councilman Rose, who moved its adoption: "Resolution No. 6640 Appointing Member of the Social Service Board." (Mrs. W. J. Pooley) The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 42. The following resolution was introduced by Councilman Rose, who moved its adoption: [ "Resolution No. 6041 Appointing Member of the Social Service Board." (Smith C. Anderson, Jr.) The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. . . 43. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6642 Appointing Member of the Library Board." (Warren I. Isaacs) The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 44. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6643 Appointing Member of the Recreation and Parks Commission." (Roger Hooper) The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 45. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6644 Appointing Member of the Recreation and Parks Commission." (Clarence B. Kline) The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Four. Noes: None. Not Voting: Councilman Freeman, (1). Absent: None. 46. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6645 Appointing Member of the Retirement Board." (Alec Low) The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 47. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6646 Resolution of the Council of the City of Alameda in Memoriam to DAVID D. HUGHES Retired Assistant Purchasing, Agent and Building SuEerintendent "WITH HEARTFELT SORROW, the Council of the City of Alameda records the death of one of its former, faithful employees, DAVID D. HUGHES, retired Assistant Purchasing Agent and Building Superintendent. "WHEREAS, Mr. Hughes had commenced his employ with the City of Alameda in the position of Junior Civil Engineer in the Public Works Department, as of January 1, 1939, and had, subsequently, been appointed as the Assistant Purchasing Agent and Building Superintendent on April 20, 1944, in which post he ba6.beeu working at the time of his retirement on July 31, 1957; and "WHEREAS, Mr. Hughes had been constantly mindful of the economy of the City and had conscientiously endeavored to achieve the best results poaSible in the operation of his department; and "WHEREAS, Mr. Hughes had been held in high esteem by his associates and fellow-employees for his capable and forthright performance of his duties and his friendly cooperation in fulfilling the needs of their respective offices. "NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Alameda does hereby acknowledge with true appreciation the eighteen years of competent service rendered by Mr. Hughes and does hereby express its sense of personal sadness in the suffering and loss of this fine man. 247 "BE IT FURTHER RESOLVED, that this resolution be spread in full upon the minutes of this meeting and a copy thereof be sent to the family of Mr. Hughes in order to extend to ita members a sincere expression of sympathy in their bereavement. "BE IT FURTHER RESOLVED, that when this meeting of the Council of the City of Alameda adjourns, it shall do so in respect to the memory of DAVID D. HUGHES." The motion to adopt said resolution was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. The President declared all of the foregoing resolutions adopted. ORDINANCES FOR PASSAGE: 48. "Ordinance No. 1464, New Series An Ordinance Amending the Alameda Municipal Code by Adding to Title IV, Chapter 3, a New Article 3, Relating to Public Beaches, and Enacting Section 4-331 Thereof Prohibiting Certain Tents or Other Shelter Structures on Said Beaches." Councilman La Croix moved the ordinance be adopted as submitted. The motion was seconded by Coun- cilman Rose and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 49. "Ordinance No. 1465, New Series An Ordinance Granting Bernhard & Associates an Exclusive License, Right and Privilege to Fill, Improve and Develop Certain Salt Marsh, Tidelands and Submerged Lands of the City of Alameda in Accordance with Land Use Plan Submitted by Said Bernhard & Associates, and Authorizing Execution of Agreements Pertaining Thereto." Councilman McCall moved the ordinance be adopted as submitted. The motion was seconded by Councilman Rose. Speaking on the question, Councilman Freeman referred to her.recent request that the City Attorney ascertain from the State Lands Commission if it was a permissive use for this firm to be allowed the privilege of buying City-owned fill material. She commented that the answer on this question would be delayed and, therefore, she would abstain from voting on the passage of the ordinance. The question was then put and the motion for the passage of said ordinance carried on the following roll call Vote. Ayes: Four. Noes: None. Not Voting: Councilman Freeman, (1). Absent: None. FILING: 50^ Agreement between State Division o Highways and the City re Maintenance of State Highway Route 226 (61). 51. Specifications, Special Provisions and Plans No. PW 6-84-19 - Resurfacing of Franklin Park ,Tennis Courts. 52. Specifications, Special Provisions and Plans No. PW 6-64-20 - Resurfacing Various Streets. 53. Tentative Budget - City of Alameda for Fiscal Year 1964-1965. BILLS: 54. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $81,114.38, 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 June 3, 1964' and Presented to the Council at this meeting, be allowed and paid. The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. V 55. At this point, Councilman McCall called attention to the excellent publicity for the City of Alameda in a recent article by the Weyerhaeuser Company in a oat1bunide publication. He suggested a letter of commendation by the Mayor should be sent to the President of this company, with a copy to Mr. Frank Jacobs, Manager of the local plant. 56. Councilman McCall also expressed commendation for Mr. Hanna and the City Traffic Engineer for their outstanding report covering the traffic study. 57. r. Hamilton, the new City Librarian, remarked that he was happy to be here and was looking for- ward to having his family here in the community. Be said he was most impressed by the expeditious mann in which the City Council handled a long agenda. 58. Councilman McCall reminded all present of the Flag Day Observance to be held on Monday evening, June 15, 1964, and reiterated the line of march for the parade, the ceremony for lowering of the Flag and the program by the members of the Elks Lodge. He cordially invited all to plan to attend this short but impresStve ceremony. The President congratulated Councilman McCall on the efficient job done by him and his committee in making all arrangements for this fine program. 248 ADJOURNMENT: 59. The President asked that all stand for a moment of silence in observance of the passing of DAVID D. HUGHES. There being no further business to come before the meeting, the Council adjourned in respect to the memory of DAVID D. HUGHES - to assemble in regular session on Tuesday evening, June 18, 1964, at 7:30 o'clock. BeepeccfulIy submitted, . 7 v Clerk * * * * * * * * * * . . ADJOURNED REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING JUNE 9, 1964 The meeting convened at 7:30 o'clock p.m. in the Alameda High School Little Theater with President Godfrey presiding. This was for the continuation of the Hearing in the matter of the Redevelopment Plan - "Park Centre Project". ROLL CALL: Councilmen Freeman, La Croix, Jr., Rose and President Godfrey, (4), were noted present at the opening of the meeting. Councilman McCall arrived at said meeting at about 8:30 o'clock and was noted present for the remainder of the session. ' HEARINGS: 1. A stenotype operator was present to officially record the proceedings of this meeting and the transcript thereof is, by reference, made a part of the minutes of the meeting. 2. The President read written questions which had been submitted from the following: Messrs. Robert Kreiss, 1205 Lafayette Street; Donn E. Smart, 1305 Park Street; Jack A. Paras, 1330 , Broadway. These were answered by Messrs. Walter J. Monasch, Executive Director, of The Redevelop- ment Agency, and H. D. Weller, City Manager. The .Councilmen then took turns in presenting their questions covering all phases of the Redevelop- ment Plan. Responses in explanation and clarification of all aspects of the "Project" were made' by the Agency and Staff. The President announced that the Council had officially agreed that no action would be taken on this matter until after the people had expressed themselves on this issue at the Special Municipal ' Election on June 30. He then declared the Hearing on the Redevelopment Plan - "Park Centre Project" closed. ADJOURNMENT: 3. There being no further business to come before the meeting, the Council adjourned at 11;30 o'clock p.m., upon motion made by Councilman La Croix, seconded by Councilman Freeman and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. Respectfully submitted, EXCERPT FROM PLATTER RECCROING OF THE COUNCIL M4ETING HELD - JUNE 3, 1964 UNFINISHED BUSINESS Freeman: 1 have one unfinished husiness tonight. Whgdt tontght An that the Trustee of the Grant from the State of California-of aU Sallt 14arsh, Td e and Submerged Lands - I believe it will be 441 - it will accommodate the developts and the City. It wnl also assure the City that City involvement will not result An the f oar triangle of Utah Construction Company, ReelmAtion District No. 2087 and the City, oe TespectAYt to their respeasibtlatieT, I believe our farat obli Californi to h."-ld be d t d1c th It a ravate A4 this h fl o the land 594 p Therefor 11 41 i ad n.,y2E, 8 905 se lands Trustees and Grantees froa the State of ect the GT nt A TTM4%. Et d which lands um ho/d in GTA2t fr he b fit and the Q. d our juri fare of the Trust imposed upon fP:r been clearly definet, and h fair fArat obligation is to segregate the public own 07-Or br shftpr, to all concern L, hap from the qht title action in the Courts to adjudica d in ttu California Statutes 1911, adad 1911T, Chapter cetera - can this qua of le al titl Trustee, I move that the City Attorney proceed to quiet title that reat property eranted to the City of Alameda as described An the Statutes, omitti r nly those lands upon which deeds and patesrilts waTe cording to 1 h139 the State aliforni Tou ve heard the motion by Mrs. Freeman. Federal Governrent, I, Fxrsonally, can think much better with my eyea than win my CATS I voold certa1nRy RAke to Rook thiz o7er fore -- Free 1113 I'll give you 4 copy Wou1d yzu pass that on -- MC Wt11 Mr 4y4r 1 know that 7,n, hove. A motion on the floor 1.1m theye is lack o a second «t the rese;- tAmco„ De you want us tO CA4 questons avH vr I'd Tather va1t emd swa ths,Te is a Pgz,cog,d. 3 PU second the motion to set At on the floor, MT,, M4y0T. Mr. McCall Atos been moved and seconded. The question An my mind, Mr. Mayor, as the fact thgt I uouRd Me to' rittwn opinion by tha City Att do. rAy with regard to the statemwgv that drat,. 1 cartatay-would t want-, t) mak any decision on this tonight, ho having n written report on At as za of4ct of it and what it FEeemai May qualify this - the =aeon for this, Mr. Haan? It mlght be helpful to you and you know we OKO Trustees of all of the Salt Marsh, Tide and Subnerged Lands an the CAty of Alameda by a Grant. The question has alwayo teen whether Certificates of anaga2 are 01, The only way to resolve that question muld 42 to have a quiet title. actions because if we 0 not, we permit th In other words, they actually cove in under a Reclamation District. thaw and steal the Lands gTOM UM - by quieting title after the!erm filled, Whereas, whale they mre unfilled and they aye submerged And tade lands, at is possible they belo g to us and I'm this at the St 0 5 UY2 the developers el 4WOWC that we OM pursuing Lands Comisslon and that a final deterWination - at least of th M nd what we own - will b readily available on the records because deeds a nd ptt Axe listed with the State Lands Commission, We are not Frtemmag asking f hang, What In are doang is protecting the trust impoged upon the lands and holding for the people,foxever thete lo a Nom, this does not uean those lends cliuld not be developed, They could well he developed - Nut they -d und ;.esno snd, Under lesse9 the /and would' still gamin an control .of the- Re of the State off Cali vula and the City of. Aleueda, as Trustee, So the bnefi ts would accrue to t Ctty og Alo=dm just the same„ McCalls can understand yaux pc4 t, Freeman, but Et like you have oo many t a have asked for st RODOZ until 2 nent moeting for something as important as this to have a written. opanim :;r have the °AG's° opinion or have. shody aloe pinion - and certainly 1 would take no part in voting on this here toa t„ myself-, Freeman2 What kind of an opinion would cue seek? I haven't -- maybe ym could d. it after Mra McCall, nu sorry, I didn't gat to the typewriter until Gil50 C/A: already have this same question involtocd an that sertea of questions prego - th Sttt e Lands Comaismiona Thi a <=A but then this wan also -- RD have not heard fram them hat been since March - and thim itaAl As swathing *197@ that pus- ly t do it bee pied upon the /1 amy me have to do. They mmy not - but it would not hurt us to rELA: previously htuyre srtc to us in fee with the Trust onq know what Well, of course, not the r4879 land uet granted to us. Those to' d of -- ifxgraTiati holy - they gase us all the lauds that "AMC hot oohed and deeded out to other people - because he omega that An him fetter to us, "that all lades that were not deeded out by ths. State, the City cannoned ah yA4TOVA, :letter ol edam Thatha his 113m familiar with that, HeveYere the Rands involved and to which. that Statute refers ore these r qyAiLE acquired. That Statute you refer to la the quiet action statute as. to peddrfatighx AMiKmd lendg. isiitursw ori eliminating. in thls request for quiet title ILi the landayellach ware deeded out by the State of California or the Federal Government, Anywhere in the City ficialtal ilglpaggv Anywhere within the City of Alameda, Thta lets everybody 'oil the hook",„ the developers have their deada9 Ay have nothing to wmtry about, if they denet have their deeds, it'd ossible, through reclamation, to coolie in and fill the land, come in and qudet title against the City because they1re no longer tide lands and then we Rode them completely, Whereas, lf am AT. the owner, t for instance, All they have not peidiop their clatme or ff they went returned to the State, then those lands are the Rands, he otates an has letter, that were returned to the Ciby of. Alammdia, eA',3 Well„ obviously, :has mould require the attention of outside Counsel to handle. a case of this magnitude - andy af ft is your pleasure, modal certainly do ita recall, An commotion. with the Utah matter that the then City Attorney when faced with the tatamleatro as to steadier to quiet title„ advised against at„ neither reaffirm nor deny that opinion name It mamas to me that to quiet title to owery hot sold since the Beare ol Tideland Commissioners - end to prove a superior tatle An the City, would he quids Ain undertaking - raeutrang tha marrieds ea 1.ocid -title specialists. FItemalm This may ba true hut arendt tha State Lando --. The State Lands Come miresion Am vappmsed to work elossly•with us and An their letter, they Stated ihnt oo one came forward In 11 who bought. the lands under the Statutes. of 1870. - no one CAM forward fd quiet title against the State at that time - and they weiv given year which would have brought it up Co 1912 ro that, An 1911, all those who had not quieted tttlie agalnot the Szate, these 'Audit Keverted to ovu C/A Weal, voet orsva th2 . point wArgh yau, '..Nu may ba rien„, ThzAonlY conuern haue it, that At z„muRd be qvit9 AP, ulldeTWAns vmd wouRd bz(*, --„ 450 here a CA: pre Day! F.Ta 'askivi he question of the State Lando Commission when did a title insurance policy be (4,r4t. a Med Grant? pamissionr, under the Charterp to hire speeislists in the Rine, Wellr, I would think that the mgnitude of 900 acres here ond another 50 there - that At would be %ell worth tho expanse becauseo under- vc.op them onactly the sam as they are baling deveRoNe today. O f course, tAtRe reports - preliminary rep rt- an wbich, n bT&y th2 policy is based, covering both the BeYnknyed devalepm); thc n40 Th4 io not, of course, conclusive. n: Well of Course, this Ji2 my point !7? that a two o. This is what ve Croix.: Mr. Mayo nd 1 on thi CRy Attorney MT4' FT .onded Mrs. Fresmam°s motion to get this on the floor inly feel tut thi 'a of a magnitude that 1 would not vot vote 11,1. if It i •vr ;Id I wind like, first o f fl, to rests think he wo Id like have time ts pinion from our this a bat,, brought ht cost elenent. Perhaps her sta t is valid •-4)-4,4 would recommend, that the City At ©r the City, the c at "DU be worth our spending - but ond of the motion, that At be tabled, perhap And back at a future date withla port. W have a motion and a second, Mrs. FTW an. Because of the magnitude of this - and X think yont has expressed-himtelf -- pose: . X hayeet. Z"m aoriey., Go ahecd, Rota,, Well, MX5, Freeman tm:fkd vt to the typtur4ter at 60.5. 'Vs ,aor this tis Ro at 8:30 1 don't thAnk that's a foir presentation. X think this could vaslay been e PAD to the Council Ny mail either through OUT packet from the City Manager office or by mail An some other manner. Ft certainly doget intend t tik a position on this after fit' minutes tonsideration. zv Thank you, tcro Rose. Feeling the remarks of each one of the Councilmen bec,Pu of the 0, nitude of At, d you want to go thro h with a vote or would you rather with KISEEIW No 15M° Are there any other question Eramas It'm TE motion 44114 brie d like to have the A ple thin plan to protect At or 'o don't te on the =Cord. ant th pt y or you don't or you wAr Hay so hays A ealR (sal, p. CounciZmn Yasfssaanv h Couneiiman Ls Ceons. NAs'A Causaillean MoCon, Councilman Res,..5 Niel„ esei asesidene Codfroyi Ifo_SOW (LittAs linter) Mrs Nalow„ if Y. mftht - if a'm not out of order - ne hove talman action on a motion hero this eoening X would otARR Ril'Ae to have a report bmk fras the City Attorney 00 to Ms thinking on Chia an4 recemmendstion. Mr. Mayory agree with Councilman La ("eaoin - anal E think us al, dop but Mrs. Freeman requested a vote on hos motie uidemet ony qualification. senTs8 pfiK4, Well, ity's been rewested that we gef; year tIS:Ainslv Chq Attorney. Coand have the - may "IChave ono of the sheets? (Referring to psepored statement read by Freeman)