1964-07-21 Regular CC Minutes269
REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY EVENING JULY 21, 1964
The meeting convened at 8:15 o'clock p.m. with President Godfrey presiding. This immediately
succeeded the annual Board of Equalization meeting.
ROLL CALL:
The roll was called and Councilmen Freeman, La Croix, Jr,, McCall, Rose and President Godfrey,
(5), were noted present. Absent: None.
MINUTES:
1. The minutes of the special meeting held June 29, and of the regular meeting held July 7, 1964,
were approved as transcribed.
WRITTEN COMMUNICATIONS:
2. From the "FACT" Committee, signed by Mr. Don Bruzzone, Chairman, urging the Council to appoint
a number of leaders and members of the opposition groups to the Park Centre Project to an official
body such as the Citizens Advisory Committee to assist in reviewing the problems and achieving some
improvement on Park Street,
The President asked the Clerk to acknowledge the letter - and also expressed the hope that, perhaps,
at the special meeting of the City Council on July 28, the discussion might bring together both sides
of the issue and some good results be obtained.
3. From Mr. Robert E. Hannon, Castro Valley, owner of property at the north end of Webster Street,
bounded by the Estuary, requesting the Council to grant to him the use of the Estuary water area for
the eighty-foot width of Webster Street. This would be for the purpose of constructing floating docks
in conjunction with his apartment house-marina complex.
The President stated the matter would be referred to the City Attorney for his inveotigatinn. Mr.
Hannon was present and concurred in this action, and indicated he would consult with the City Staff
in working out the details in this matter.
ORAL COMMUNICATIONS:
4. Mrs. Inez &apellao, 1128 College Avenue, urged the immediate abolishment of the Redevelopment
Agency of the City of Alameda.
Upon request of the President, Mr. Cunningham reviewed the procedure required under State law to accmn-
pGn6che dissolution of said Body and explained that the termination date thereof would be set as of
October 1, 1964, in order to give time to complete the necessary audit by the Federal Agency involved.
^' Mr, Frank Gottstein, 791 Haight Avenue, expressed further interest in the total cost of the
street construction of the connection between Westline Drive and Eighth Street at 9ortolu Avenue,
as he had requested at the last meeting. He was given a report which had been prepared by City
Engineer Hanna who further explained there would also be some expense in the construction of a side-
walk along the west side and some street lights.
REPORTS OF OFFICERS, BOARDS, ETCETERA:
6,- From the City Planning Board, signed by the Secretary, recommending the amendment of Zoning Ordi-
nance No. 1277, New Series, changing the basic density and use provisions in the "R-2'', °8-3'', °Q-4",
"K-5'', and "R-6" Districts. The amendment to the '^R-]' District also proposed to change the basic
purpose of the zone ,'Garden Apurcmenc" to "Restricted Apartment District" without actually liberaliz-
ing the zone itself.
The Public Hearing in this matter was set for the next regular meeting of the Council, to be held
August 4, 1964.
7. From the City Manager, reporting all work satisfactorily completed on the project of Planting
Turf at McKinley Park - recommending it be accepted and the Notice of Completion be ordered filed.
Councilman Rose moved the recommendation be approved; that the work on said project be accepted and
the Notice of Completion be filed. The motion was seconded by Councilman La Croix and on roll call
carried by the following vote. Ayes: Five, Noes: None. Absent: None.
./.
U, From the City Manager, reporting all work satisfactorily completed on the project of Painting
Various Fire Stations and the Bay Farm Island Recreation Center - recommending it be accepted and the
Notice of Completion be ordered filed.
Councilman Rose moved the recommendation be Adopted; that the work on the specified project be
accepted and the Notice of Completion be filed. The .motion was seconded by Councilman La Croix and
- d on the following roll call vote. Ayes: Five. Noes: None. Absent: None.
9` From the City Manager, reporting all work satisfactorily completed in connection with Garden
Road street improvements and recommending said facilities be accepted for maintenance.
Councilman Rose moved the recommendation be followed; that the designated street improvements be
accepted for maintenance. .The motion was seconded by Councilman La Croix and carried on the follow-
ing
lO.' From the City Manager, recommending the contract be awarded to Gallagher & Burk, Inc., low
bidder, for the project of Reconstructing Fifth Street from Pacific Avenue to Buena Vista Avenue, at
the total cost of $4,894.50.
Councilman Rose moved the recommendation be approved; that the contract be awarded to the firm indi-
cated for the specific 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,
INTRODUCTION OF ORDINANCES:
11. Councilman McCall introduced the following ordinance, after which it as laid over under pro-
vision of law and the Charter:
"Ordinance No-
New
Declaring No Further Need in City of Alameda for Redevelopment Agency t�
Function."
12. Councilman Rose introduced the following ordinance, after which it was laid over under provision
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 and 18-525,
Inclusive, Thereof; Relating to the Operation of Pinball Machines by Persons
Under the Age of 16 Years."
Councilman McCall noted that the City of San Leandro had just passed an ordinance covering this same
subject and asked that, before the next meeting, the City Attorney review said ordinance and submit
a report on the differences between the provisions for San Leandro and those proposed for Alameda.
UNFINISHED BUSINESS:
13. Councilman Freeman referred to a communication from the Association of Bay Area Governments,
dated June 25, 1964, with regard to a "Study Draft of Proposed Agreement Relating to the Filling and
Development of San Francisco Bay."
Upon the President's request, Mr. Cunningham, a member of the Committee of Attorneys of the "Asso-
ciation" which had drawn up these documents, reviewed the purpose thereof which was concerned with —'
the "moratorium on fill projects in San Francisco Bay except under certain circumstances." Be stated
that, if it were the desire of the Council, he would prepare an ordinance for introduction and a __1
resolution authorizing execution of the agreement, for consideration at the next meeting of the Coun-
cil. It was so ordered, at this time.
14 Councilman Freeman also reported on the recent meeting at the Sacramento Office of the State
Lands Commission of Mr. James Davis, Attorney for Shore Line Properties, Inc., Mr. Mark Hanna, City
Engineer, and herself with Messrs. Kenneth Smith, Public Lands Officer; Robert Nadey, Assistant
Civil Engineer, and Paul Joseph, Deputy Attorney General. This had been for the purpose of discuss-
ing the possible City ownership of certain tidelands.
Councilman Freeman contended that the City Council, as Trustees of these lands, should file suit for
quiet title because only the Court could determine the correct ownership. All anyone would have to
do would be to bring forward a deed or patent from the State which would constitute proof of title
to any laod. She then requested that the Council file a quiet title action to determine the owner-
,
ship and title of the lands embraced within the Statutes of 1917,
The President pointed out that at least three City Attorneys, numerous title companies and certain
attorneys in private practice had differed with Councilman Freeman's claims with regard to the City's
ownership of these tidelands. He stated he, personally, was certainly satisfied with the opinions
received from all of the attorneys and title companies. The President said he believed the Council
should set a policy at this time that it not spend any more time, effort or money on this entire
matter. He thought an actual Court action was not necessary at all - which opinion had been given
by the several City Attorneys concerned.
Councilman Freeman argued that the City Council was the Trustee of the tidelands for the people of
Alameda and there had been no deeds or patents brought forth to prove ownership by these developers.
She contended the Council was completely derelict in its duty if it did not pursue this matter to
ascertain if they had title thereto.
Councilman Rose, McCall and La Croix concurred with the remarks of President Godfrey and indicated
they were entirely willing to accept the opinion of the City Attorney concerning the status of the
tidelands in question.
Mr. James B. Davis, Attorney, addressed the Council on the subject, pointing up his interpretation
of the meeting held in Sacramento - and explaining the differences of opinion between him and Council-
man Freeman.
After a lengthy discussion on the matters brought up by Councilman Freeman, it was the decision that
the City should not go into such matters further and that any proceedings leading to such a lawsuit
not be continued by the City or its Staff. Therefore, upon advice requested from the City Attorney,
Councilman McCall then moved that the City do not file a Quiet Title Action against all lands pre-
viously granted to the City by the 1917 Act. The motion was seconded by Councilman La Croix.
Speaking on the question, Councilman Freeman requested that the Chapter and Page numbers be included,
for reference. After further discussion, this addition was acceptable to Councilmen McCall and
La Croix and the motion was amended to read, that the City do not file a Quiet Title Action against
all lands previously granted to the City by the 1917 Act, Chapter 594, Page 907.^' The question was
then put and the motion, as amended, carried on the following roll call vote. Ayes: Four. Noes:
Councilman Freeman, (1). Absent: None.
15V At this time, Councilman McCall referred back to the letter from the Association of Bay Area
Governments concerning the moratorium on Fill Projects around San Francisco Bay. He reviewed the
steps already taken by the City in this matter and said he thought the City's position had been
accepted. He felt there had been some changes in the proposals currently being submitted.
@r. Weller clarified the situation and stated certain suggested provisions had been questioned by
other cities also, and he understood a presentation on the subject was to be made at the next meeting
of the Mayors' Conference on August 5. Therefore, he suggested the request made earlier in this
meeting, that the City Attorney prepare certain documents for consideration by the Council at its
next regular meeting, be changed - and these documents be on the agenda for the Council meeting of
August 18, 1964. It was so ordered.
16. 'The President inquired if there was any information at this time about the Council's request
that some provision be made for uniform-damage allowance. Mr. Weller replied that he had asked Mr.
Forrest Routt, Personnel Director, to review the practices in this respect by other cities and he
expected a report on the subject shortly.
�
l7. v The President also mentioned that the City Council had indicated it would be interested in pro-
viding a group health and accident plan for City employees. He suggested the Council diycusa this
issue and decide when it could take some positive action.
Following considerable discussion of the ramifications of the matter, it was suggested that the Per-
sonnel Director be instructed to conduct a survey among the City employees to determine the type of
health plan desired, and submit a recommendation to the City Council. Mr. Weller was to contact Mr.
Routt in this renpect.
V/
18, Mr. David Garfinkle, 1170 Park Avenue, asked that the City Council arrange a meeting with the
property owners on Park Street, as well as the merchants, to discuss the problems involved. He felt
the first step to be taken would be the improvement of parking facilities. Mr. Garfinkle also empha-
sized that the City should notify the owners of the old Strand Theater and the Bank Club that they
should either improve their properties or remove the buildings.
The President remarked that he, personally, had contacted Mr. Nasser, owner of the Strand Theater,
and he had indicated his agreement and willingness to cooperate with the City Council and the people
of the City of Alameda - and something would definitely be done in the very near future with the
old building.
RESOLUTIONS:
19. The following resolution was introduced by Councilman Freeman, who moved its adoption:
"Resolution No. 6664
Adopting Specifications, Special Provisions and Plans for Godfrey Park
Site Development, Calling for Bids and Directing City Clerk to Advertise
The motion to adopt said resolution was seconded by Councilman La Croix and on roll cull carried by
the following vote. Ayes: Five. Noes: None. Absent: None.
20. The following resolution was introduced by Councilman Freeman, who moved its adoption:
"Resolution No. 6865
Adopting Specifications, Special Provisions and Plans for Installation of
a Storm Sewer on Broadway from Eagle Avenue to Lincoln Avenue, Calling for
Bids and Directing City Clerk to Advertise Same."
The motion to adopt said resolution was seconded by Councilman La Croix and on roll cull carried by
the following vote. Ayes: Five. Noes: None. Absent: None.
21. The following resolution was introduced by Councilman Freeman, who moved its adoption:
"Resolution No. 6666
Authorizing Execution of Agreement for Construction and Completion of
Improvements in Subdivision Known as Tract No. 2599 -- Bay Farm Island --
Founders Savings and Loan Association, a Corporation."
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.
22. The following resolution was introduced by Councilman Freeman, who moved its adoption:
"Resolution No. 6667
Approving Final Map of Subdivision Known as Tract No. 2599, Submitted by
Founders Savings and Loan Association, a Corporation, and Approving
Faithful Performance Bond as to Sufficiency."
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 than declared all of the foregoing resolutions
adopted.
ORDINANCES FOR PASSAGE:
22v "Ordinance No. 1473,
New Series
An Ordinance Repealing Ordinance No. 144 0, New Series, and Ordinance No.
1450` New Series, Relating to Issuance of Building Permits in Park Centre
Redevelopment Project, No. Calif, R-63."
Councilman McCall moved the ordinance be passed as submitted. The motion was seconded by Councilman
Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None.
FILING:
24. Financial Statement Bureau of Electricity, as of May 31, 1964 - Verified by 8ackleman &
Laruelere.
25. Auditor's Financial Statement - City of Alameda, as of June 30, 1984 - Verified by
Becklemau & Larzelere.
26, Specifications, Special Provisions and Plans No. PW 7-64-23 - Godfrey Park Site Developmeot,
27, Specifications, Special Provisions and Plans No. PW 1-64-1 - Installation of Storm Sewer on
Broadway from Eagle Avenue to Lincoln Avenue.
BILLS: �
28. An itemized List of Claims against the City of Alameda and the Departments thereof, in the
total amount of $37,924,29, 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 that the bills as itemized in the List of Claims filed with the City Clerk
on July 21, 1964, and presented to the Council at this meeting, be allowed and paid. The motion
was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Five. Noes:
None. Absent: None.
29. There being no further business to come before the meeting, the Council adjourned - to assemble
in regular session on Tuesday evening, August 4, 1964, at 7:30 o'clock.
Respectfully submitted,