1963-06-18 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMED4
HELD TUESDAY EVENING, JUNE 18, 1962
The meeting was convened at 7:30 o'clock p.m. with President Godfrey presiding. The Pledge of
Allegiance was led by Councilman La Croix and an inspiring Invocation was delivered by The Reverend
Hr. Wilfred 8. Hodgkin, Rector, Christ Episcopal Church.
ROLL CALL:
The roll was called and Councilmen Freeman, La Croix, Jr., McCall, Rose and President Godfrey,
(5), were noted present. Absent: None.
MINUTES:
1. The minutes of the regular meetin
1903, were approved as transcribed.
WRITTEN COMMUNICATIONS:
� June 4, and the adjourned regular meeting held June 11,
2. * From Alameda-Contra Costa Transit District Board of Directors, signed by Mc, Robert M. Copeland,
President, thanking the City Council for its support of the District's opposition to Assembly Bill
889, prohibiting charter bus service.
The communization was noted and ordered filed.
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From Mrs. Grace E. Birch, 2045 Central Avenue, suggesting efforts be made to have bus service
from Alameda to Metropolitan Oakland International Airport and also, that benches be installed .on
the east side of Webster Street at Lincoln Avenue for bus passengers.
The President asked the Clerk to acknowledge the letter and also to transmit a copy thereof to the
Transit District for its consideration of these requests.
4. From Alameda Realty, signed by Mr. Lowell H. Duggan, Agent for Owner, requesting an extension of
time to December 20, 1963, for the purpose of filing the Final Map for the subdivision known as Tract
No. 2153 (Hester - south of Otis Drive near Bay Farm Island Bridge).
Councilman McCall moved the extension of time be granted as requested. The motion was seconded by
Councilman Rose. Speaking on the question, Councilman Freeman suggested that only a three-months
extension of time be allowed in order to expedite the filing of the Final Nap and completion of this
Tract so the property could be added to the tax rolls as soon as possible. However, the question
was put and the motion carried on the following roll call vote. Ayes: Four. Noes; None, Present:
Councilman Freeman, (1). Absent: None.
ORAL COMMUNICATIONS:
5. Mr. Frank Gottstein, 731 Haight: Avenue, protested against the salary increases for City employees,
He also felt there should be six additional police o[ficers'blred, instead of only four as proposed.
Mr. Gottsteiu once more objected to the traffic pattern on Webster Street in conjunction with the
apprpachey to the new Posey Tube, and claimed this was increasing the congestion.
6� Mr. Kenneth Boisingcoo, 1335 Burbank Street, remarked that the Council should not be berated
for lack of action in cases over which it had no control.
REPORTS OF 0FFICE8SL BOARDS, ETCETERA:
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7. From the Mayor, City Manager and City Auditor, submitting their report on the Count of Money held
May 15, 1963, at which time there was the sum of $5,218,231.39 in the City Treasury.
The report was noted and ordered filed.
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U.' From Public Utilities Board, signed by Mr. G. A. Baxter, Secretary, submitting copy of its Reso-
lution No. 2153, "Adopting Budget for Bureau of Electricity, Department of Public Utilities, City of
Alameda, for Fiscal Year Ending June 30, 1964" - and calling attention to the dividend of $725,000.
pledged to the City.
The communication was noted with interest and ordered filed,
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9. From City Planning Board, signed by the Secretary, recommending amendments to Sections 11-I4A6(d)
and 11-14A6(e) of the Alameda Municipal Code (Zoning Ordinance) relating to the size of building sites
and the number of dwelling units allowed on lots less than five thousand square. feet.
The Hearing on this matter was set for the next regular meeting of the Council, to be held on July 2,
1963..
lO.v From City Planning Board, signed by the Secretary, recommending amendments to Article 4-D of
the Alameda Municipal Code (Zoning Ordinance) relating to Sign Regulations.
The ring on this matter was also set for the next regular meeting of the Council, on July 2, 1963.
ll.' From Mc, Stuart C. Dobson, 1425 Court Street, tendering his resignation from the Library Board,
effective June 30, 1963, due to his business responsibilities.
Councilman Freeman moved the resignation be accepted with regret and a resolution in appreciation of
Mr. Dobson's service be prepared for the Council's uction at the next meeting. The motion was
seconded by Councilman La Croix and unanimously carried.
12: From the Mayor, nominating certain appointees to the several City Boards, as follows:
Mr, Gustave Levy, as a member of the Civil Service Board for the term expiring June 30, 1968;
Mrs. Rudolph Steinmetz and Mr. We7les Whitmore, Jr., as members of the Social Service Board' for
terms expiring June 30, 1966;
Mr. Frank Weeden, as a member of the Board of Education for the term expiring June 30, 1967;
Mr. John Nazro, Jr., Mr. Herman J. Kihn and Mr. Melvin D. Sanderson as members of the City
Planning Board for terms expiring June 30, 1966;
Miss Grace S. Powers as a member of the Library Board for the term expiring June 30, 1968;
Mr. Donald Bruzzone as a member of the Library Board, to serve the unexpired term of Mr.
Stuart C. Dobson, resigned, which term would expire June 30, 1986;
Mr. Frank McClintock as a member of the Public Utilities Board for the term expiring June 20,
1967.
These nominations were referred to "Resolutions'.
I]v/ From City Manager, recommending contract be awarded to W. W. Lang, lop bidder, for the project
of Resurfacing Washington Park Tennis Courts, at the total cost of $1,559.
Councilman Bose moved the recommendation he adopted and the contract be awarded to Mr. Lang for the
specified project at the price quoted. The motion was seconded by Councilman Freeman and on roll
call carried by the following vote. Ayes: Fine, Noes: None. Absent: None.
14J. From City Manager, advising of the request by Utah Construction & Mining Co. for the exercising
of the option by the City of the acquisition of a one-acre parcel of land for public use, situated
at Willow Street and Otis Drive in Unit I.
Mr. Charles T. Travers of Utah Construction & Mining Co. addressed the Council on this matter and
reviewed the negotiations carried on in 1055, which led to "Utah" setting aside a certain amount of
land for the City to be used for schools, parks or other public purposes. He stated that the parti-
cular parcel now in question had been talked about as a site for a [ire station. Mr, Travers
referred to his letters of March 1 and March 15, 1955, in which it was stated that the City would
be given the option to purchaue this property at the sum of $2,500. per acre. He remarked that-on
several different occasions he had called the City Manager's attention to this option and requested
that the City find a public use for the property or return it to "Utah". He said that to the best
of his knowledge there was still no determination by the City on a suitable public 'purpose for this
land. 8r. Travers pointed out this site had been held for the City under its option letter for over
eight years. There was no reversionary clause in the agreement with the City for the dedication of
this land. "Utah" had expended the ,sum of $3,134.58 in payment of taxes on this parcel, which was
more than the purchase price involved in the option of $1,982.50,
8r, Travers asked that the City determine whether or not it had a suitable public purpose for the
land and if not, that it be immediately returned to "Utah". He felt the time had come when some
definite action ought to be taken and he stressed the point that "Utah" had given the Juod'tn the
people of Alameda for public enjoyment.
Councilman Freeman inquired if there was a deadline set in the agreement for taking up this option
and Mr. Way replied that the letters referred to stipulated no certain date but under the Fill Agree-
ment there was the implication that the City would have to act within a reasonable time. It was also
developed that the total amount of land set aside for the City was slightly over twenty-eight acres.
Councilman La Croix then moved that, under the terms and conditions of the Fill Agreement dated
June 23, 1955, wherein certain lands were set aside for City use - and, in line with the letter of
March 15, 1955, in which the City was granted an option to buy certain parcels at the price of S2,500.
Per acre, the City exercise its option to purchase this lund at the corner of Willow Street and Otis
Drive in Unit Z, for the price of $1,982.50. The motion was seconded by Councilman Freeman.
Speaking on the question, Councilman NcCall stated that the City already had quite a bit of property
which was not on the tax rolls and unless he could be shown there was a public use for the parcel
under consideration, he could not approve its purchase. Be agreed the price quoted for this parcel,
which contained eight-tenths of an acre, was a bargain.-
8r. Weller explained that the site had originally been thought of for a fire station and it was his
thinking that it was not suitable for such use. He remarked, however, that it might well be that
the final decision. would be to construct a fire station at this location.
The question was then put and the motion carried on the following roll call vote. Ayes: Four. 'Noes:
Councilman McCall, (1) Absent: None.
8z. Way called attention to the fact that this action would necessitate an ordinance to effect the
purchase and he would prepare said document for the Council's action at its next meeting.
Mr. Travers stated he assumed the City, in taking this action, did not at this time have any definite
public use in mind for this piece of land. He inquired what the Council's position would be if', sub-
sequently, it could find no public use for this land and wanted to know if the City would then return
it to Utah Construction & Mining Co. Mr. Way replied that the Council's action indicated that,
although there was no specific public use in mind at the moment, said action was taken in the contem-
plation that there would be a public use in the future to which this property could be put.
Mr. Travers reviewed certain discussions had over a period of time with the City Manager on this mat-
ter and as a result he had written the letter transmitted for the Council's consideration at this
meeting. He reiterated that he felt very definitely and specifically that 1 i laod aenc to the
Cicy of Alameda for a public purpose - for the benefit of all of the people of the City of Alameda
and for no other purpose. He stated that, in his opinion, the City was not merrily free to take this
parcel from "Utah' and then sell it or dispose of it to somebody else - a subdivider or a builder,
for a profit. He said he thought this would be morally wrong and unfair even though the City could
say that by the manner in which the option letter was drawn, it was legally right. Mr. Travers felt
the Council should immediately discuss this situation and decide what public use it could make of the
land and if it could make no public use of the property, it should promptly make arrangements to
return it to Utah Construction & Mining Co. Be said he would like to have "Utah" advised within a
reasonable time what public purpose the Council had decided to use this land for.
Mr. Weller pointed out that during the many discussions he had had with Mr. Travers he had advised
him not to insist upon the City exercising its option for the very reason that, he felt, the Council
had no choice but to buy the property on the basis that there was no positive way Lo conclude that
there was no public use for this luud. He agreed it would be nice if the Council were in a position
to state positively and precisely the public use Lo which the land would be put but, conversely, the
Council was not in a position to say absolutely and exactly that there was no possible public use.
0r. Weiler said he felt, therefore, the Council was almost compelled by the force of circumstances
co exercise the option.
15J/ From the Recreation Commission, signed by Hr. Alvin Blanchard, Chairman, reviewing its actions
toward effecting public use of the Alameda Memorial State Beach, investigation of which was requested
by the Council at its last meeting. It was stated that the State Division of Beaches and Parks had
ruled that the area could not be open for public use until its full development had been completed.
Councilman McColl questioned the maintenance of a State Ranger on the premises if the area could not
be used in any wny until its full development. He felt it was a wasted area there which could very
well be used for certain recreational activities even in its present condition. President Godfrey
asked Councilman McCall to consult with the City Manager on this matter in a further effort to obtain
more favorable consideration. Councilman McCall then asked for permission to go to Sacramento co
personally interview the proper parties concerned in this case.
Councilman Freeman said she understood this matter had been handled by telephone and she suggested
the Recreation Commission write to Mr. Jess T. Chaffee, District Superintendent of the State Divi-
sion of Beaches and Parks in Monterey to request this information in writing, after which, if neces-
sary, a personal follow-up contact could be authorized- It was so agreed and the Clerk was
instructed to ask the Recreation Commission to request information in writing on the status of this
park as soon as possible.
INTRODUCTION OF ORDINANCES:
16. Councilman Erecman introduced the following ordinance, after which it was laid over under prn-
vinino of law and the Charter:
'Ordinance No.
Nev Series
An Ordinance Amending the Alameda Municipal Code by Amending Section 2-5421
, Thereof, Relating to the Collection of Cost of Preparing Delinquent Roll
and List,"
17. 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 Title IX, Chapter 1, Article 4, of the Alameda Municipal
Code by Adding Thereto Sections 9-1413 and 9-1414, Relating co Dogs on the
South Shore Beach."
18. 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 Amending Title IV, Chapter 2, Article 1, of the Alameda Municipal
[—' Code by Adding Thereto Section. 4-214, Relating to Motor Vehicles in and Upon
Public Parks and Beaches."
UNFINISHED BUSINESS:
19.v Councilman Rose commended City Engineer Hanna for his very complete and comprehensive report
to the City Manager in response to the letter from the Alameda Garden Club concerning its sugges-
tions for the beautification of the City. All agreed it was a very prompt and excellent report on
the ubject. A copy thereof had been sent to the Alameda Garden Club.
23. Councilman Freeman referred to the traffic problem on Webster Street which brought up a lengthy
discussion of several phases of traffic studies and reports. Hz. Hanna explained the routes pro-
posed by both the State Division of Highways and the County Highway Committee, as well as the traffic
patterns recommended in the report nf,Wilbur Smith & Associates, Traffic Consultants. He pointed
out a definite five-year program of accomplishment was being carried out within the City's local
jurisdiction, and his Department worked closely with the State insofar as the highway routes were
concerned.
The discussion also embraced possible routes through the area between Webster Street and Main Street
to serve .Todd Shipyards and the Estuary Housing Project. It was developed that these properties
were owned by the United States Navy, the United States Army and the Regents of the University of
California - and the City Engineer expressed the hope that some solution might be worked out
between all parties involved for use of some route which would take the traffic loadoff of
Atlantic Avenue.
RESOLUTIONS:
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21, The following resolution was introduced by Councilman Rose, who moved its adoption:
"Resolution No. 6481
Providing for the Amount Per Diem for Officers an Employees of the City
of Alameda for Traveling Expenses."
The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the
following vote. Ayes: Five. Noes: None. Absent: None.
22. The following resolution was introduced by Councilman La Croix, who moved its adoption:
"Resolution No. 6482
^ Authorizing the Execution of a Contract for Services of a Certified Public
Accountant for the Fiscal Year l963-1964.^
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.
23. The following resolution was introduced by Councilman Freeman, who moved its adoption:
"Resolution No. 6483
Supporting the Program Recommended by the Alameda County Highway Advisory
Committee for Improvement and Development of the State Highway System in
Alameda County for the Fiscal Year 1964-1965,"
The motion to adopt said resolution was seconded by Councilman La Crnix'and on roll call carried by
the following vote. Ayes: Five. Noes: None. Absent: None.
24. The following resolution was introduced by Councilman McCall, who moved its adoption:
"Resolution No. 6484
Designating the Number of and Providing for the Compensation of Certain
Officers and Other Employees of the City of Alameda."
The motion to adopt said resolution was seconded by Councilman La Croix and on roll call carried by
the following vote. Ayes: Four. Noes: 0one, Present: Councilman Freeman, (l). Absent: None.
25. The following resolution was introduced by Councilman McCall, who moved its adoption:
"Resolution No. 6485
Appointing Member of the Civil Service Board." (Gustave Levy)
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.
26. The following resolution was introduced by Councilman Rose; who moved its udoption:
"Resolution No. 6486
Appointing Member of the Social Service Board." (Mrs. Rudolph Steinmetz)
The motion to adopt said reaolution was seconded by Councilman Freeman and on roll call carried by
the following vote. Ayes: Five. Noes: None, Absent: None.
27. The following resolution was introduced by Councilman La Croix, who moved its adnpcion:
"Resolution No. 6487
Appointing Membez of the Social Service Board." (Wellrs Whitmore, 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.
28. The following resolution was introduced by Councilman Freeman, who moved its adoption:
"Resolution No. 6488
Appointing Member of the Board of Education." (Frank Weeden)
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.
29. The following resolution was introduced by Councilman Rose, who moved its adoption:
"Resolution No. 6489
Appointing Member of the City Planning Board." man J. Ki6o>
The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by
the following voce. Ayes: Five. Noes: 0one, Absent: None.
30. he following resolution was introduced by Councilman Freeman, who moved its adoption:
"Resolution No. 6490
Appointing Member of the City Planning Board." (John Nazro, Jr.)
The motion to adopt said resolution vus.scconded by Councilman La Croix and on roll call carried
by the following vote. Ayes: Rzuc, Noes: Councilman McCall, (l), Absent: None.
31. The following resolution was introduced by Councilman La Croix, who moved its adoption:
"Resolution No. 6491
Appointing Member of he City Planning Board." (Melvin R. Sanderson)
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.
32. The following resolution was introduced by Councilman Freeman, who moved its adoption:
"Resolution No. 6492
Appointing Member of the Library Board." (Miss Grace S. Powers)
The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by
the following vote. Ayes: Five. Noes: None. Absent: None.
33. The following reynlucipn was introduced by Councilman La Croix, who moved its adoption:
"Resolution No~ 6493
Appointing Member of the Library Board." (Donald Bruzzone)
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.
34. The following,: resolution was introduced by Councilman McCall, who moved its adoption:
"Resolution No. 6494
Appointing Member of the Public Utilities Bnard." (Frank McClintock)
The motion to adopt said resolution was seconded by Councilman Rose and on roll cull carried by
the following vote, Ayes: Five. Noes: None. Absent: None.
35. The following resolution was introduced by Councilman Freeman, who moved its adoption:
"Resolution No. 6495
Adopting Specifications, Special Provisions and Plans for Resurfacing
of Major Streets in the City of Alameda, 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 call carried
by the following vote. Ayes: Five, Noes: None. &beenc: None.
36. The following resolution was introduced by Councilman Rose, who moved its adoption:
"Resolution 0o. 6496
Adopting Specifications, Special Provisions and Plans for Installing
Exposed Aggregate Concrete at Lum Park, 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 call carried
by the following vote. Ayes: Five. Noes: None. Absent: None.
37. The following resolution was introduced by Councilman McCall, who moved its adoption:
"Resolution No. 6497
Resolution of the Council of the City of Alameda in Commendation and
Appreciation of Donald A. Way, Assistant City Attorney, for His Service
to the City."
1 1 N
The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by
the following vote. Ayes: Fivc, Noes: None. Absent: None.
The President then declared all of the foregoing resolutions adopted.
ORDINANCES FOR PASSAGE:
38. "Ordinance No. 1428,
New Series
An Ordinance Amending the Alameda Municipal Code by Amending Article
4C, Section ll-14C2 Thereof, and by Adding a Subsection (d) Thereto,
Relating to Accessory Parking Spaces Required in All Districts.'
Councilman McCall moved the ordinance be adopted as submitted. The motion was seconded by Council-
man Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent:
None. ' '
FILING;
29, Specifications, Special Provisions and Plans No. PW 6-63-13 - Resurfacing of Major Streets in
the City of Alameda.
40. Specifications, Special Provisions and Plans Nn, PW 6-63-16 - Installing Exposed Aggregate
Concrete in Lum Park,
41. Budget for 1963-64 - Bureau of Electricity.
DILLS:
42. An itemized List of Claims against the City of Alameda and the Departments thereof, in the
total amount of $41,840.32, 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 13, 1963, and presented to the Council at this meeting, be allowed and paid. The motion was
seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Five. Noes:
0one, Absent: None.
43. At this point, Councilman Rose commented that, for the purpose of the record, he wanted to
correct a statement made in the Alameda Times-Star of this date, wherein it was stated that Mr.
Weller had recommended a ten per cent increase for himself. Councilman Rose emphasized that not
only did Mr. Weller not recommend this increase, or any increase for himself, but he refused to
have any part in the discussion. This was strictly Council action.
President Godfrey concurred that this was correct and said that, actually, Mr, Weller knew nothing
about it until the night when it was brought up before the Council as a Body.
ADJOURNMENT:
44. There being no further business to come before the meeting, the Council adjourned - to assemble
in regular session on Tuesday evening, July 2, 1963, at 7:30 o'clock.
Respectfully submit