1939-12-30 Regular CC MinutesADJOURNED REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD SATURDAY AFTERNOON DECEMBER 30, - - - - - - - - - - 1939
The meeting convened at 1 :00 o'clock P. M. with President Weichhart presiding.
ROLL CALL:
1. The roll was called, and Councilmen Carrington, Godfrey, Maurer, Morris and
President Weichhart, (5), were noted present. Absent: None.
WRITTEN COMMUNICATIONS:
2. The Clerk read a communication addressed to the City Attorney from Homer W. Buckley,
Attorney at Law, dated December 29, 1939, in which was confirmed the City Attorney's
decision that the City of Alameda has no authority to enter into joint operation of the
Fruitvale Avenue Bridge with the County of Alameda at this time. If, however, the
Secretary of War should grant permission to the County and to the City to carry out
program of joint maintenance and operation of the Bridge, it is Mr. Buckley's opinion
that the City could then legally spend public funds for such a purpose but, in the ab-
sence of such authority, the City of Alameda has no power to spend public funds for such
operation and maintenance. The communication was ordered filed.
3. A resolution was presented and read from t he Board of Supervisors of Alameda County,
as follows:
"Be it resolved, that this Board extend and it does hereby extend the time
at which the County will cease to operate the Fruitvale Avenue Bridge for
a period of ninety days from December 31, 1939, upon the agreement and
understanding with the City of Alameda that on the First day of February,
1940, the City of Alameda will jointly operate said bridge with the County
of Alameda, the cost being equally divided between the said City and said
County, for the balance of said ninety -day period, unless the Federal
Government assumes the operation of said bridge prior to the expiration
of said ninety -day period. The acceptance of the terms of this Resolution
by Resolution of the City Council of the City of Alameda, adopted on or
before December 31, 1g39, shall constitute an agreement between said City
and County pursuant to the provisions of Section 1394 of the Streets and
Highways Code of the State of California."
RESOLUTIONS:
4. The following resolution was read:
"Resolution No.
Accepting Terms of Resolution Adopted by
Board of Supervisors of Alameda County
December 29, 1939, Providing for Joint
Operation of Fruitvale Avenue Bridge."
Mayor Weichhart asked the City Attorney if he had anything further to add at this time.
The City Attorney replied that he believes the matter speaks for itself. He added,
that a meeting had been held with the Board of Supe visors f Alameda County yesterday
afternoon, at which the City Manager, Councilmen Godfrey and Maurer, and himself were
present; that at this meeting it was explained what the City of Alameda wanted was
more time and requested an additional thirty -day period be allowed so arrangements
could be made to keep the Bridge open that would be satisfactory to all concerned.
The proposal was also made that, if in the event such arrangements were not made, the
City of Alameda would be willing to assume operation of the Bridge jointly with the
County of Alameda, provided a Federal permit was obtained. It is realized that the
resolution of the Board of Supervisors does not contain all the City had desired
granted, however, it is reasonable to believe that under the provisions of the reso-
lution the matter will ultimately be brought to a satisfactory conclusion. The repre-
sentative of the Southern Pacific Company, who was present at the meeting of the Board
of Supervisors held yesterday afternoon, did not give any adequate answer when asked
what arrangements had been made by his Company in the event the Bridge was to be closed.
Councilman Godfrey introduced the resolution of the City of Alameda, as read, and moved
its adoption. The motion was seconded by Councilman Maurer, who stated that he noted
the resolution of the Board of Supervisors is not entirely in accord with what the City
of Alameda's proposition was to the Board of Supervisors, but feels if the County is
enjoined to operate the Bridge by the United States Government the County will continue
to operate the Bridge until the matter is settled.
The roll was then called, and the motion carried uy the following vote: Ayes: Coun-
cilmen Godfrey Maurer, Morris and President Weichhart, (4). Noes: Councilman
Carrington, (1 . Absent: None.
5. There being no further business, the Council adjourned to meet in regular session
on Tuesday evening, January 2, 1940, at 8 o'clock P. M.
Respetfully submitted