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1964-02-04 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, FEBRUARY 4, 1964 The meeting convened at 7:30 o'clock p.m. with President Godfrey presiding. The Pledge of Allegiance was led by Mr. Robert Major, Executive Director of the Alameda Council of Boy Scouts of America. The Reverend Mr. H. W. Van Delinder, Pastor of First Pzeobyceriun.Churc6, then delivered an inspiring Invocation. In recognition of the annual "Scout Day in Government", President Godfrey welcomed the large number of Boy Scouts and Scoutmasters in attendance at the meeting. Be introduced and presented to the several Scouts who were acting as City Officials the Certificates indicating their Honorary Offices. President Godfrey announced that other Scouts had participated in the program during the day and had visited the respective departments of which they were acting Heads. They had received their Certificates at that time. Mr. Robert Major, Executive Director, and Mr. S. V. Gardner, Assistant Executive Director, were also introduced and all were given a hearty round of 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 regular meeting held January 21, 1904, we e approved as transcribed. WRITTEN COMMUNICATIONS: � Z. From Cootie Hive No. 55, Military Order of the Cootie, signed by Mr. Charles Liaooci, Chairman, requesting permission to sponsor a Donkey Baseball game at Lincoln Park on either April 25 or 26, 1964, subject to clearance with the Recreation Department. Councilman Rose moved permission be granted to this organization to sponsor said Donkey Baseball game as indicated, subject to clearance with the Recreation Department. The motion was seconded by Councilman McCall and carried unanimously. 3.V' From Mr. Paul H. Brown, 557 Buena Vista Avenue, concerning the lack of adequate street lighting along Buena Vista Avenue between Webster and Fifth Streets - and inquiring about the possibility of having proper street lights installed. The City Engineer was asked to inspect this area and report back to the Council on the matter. The Clerk was to.acknonledge Mr. Brown's letter, so informing him. 4/ �� Frnm Agnew and Copeland, Realtors, signed by Thelma C. Agnew and L. D. Copeland, requesting approval of their plans to remodel their building at 1428 Park Street, in accordance with provisions of Ordinance No. 1450, New Series. It was noted that a copy of this letter and said plans had been sent to the Alameda Redevelopment Agency, and it was assumed that a report on the request would be received before the next Council meeting in order that proper action could be taken when the ordinance became effective. 5. v From Bernhard & Associates, signed by Messrs. F. Bruce Bernhard and Martin J. Qramance, submit- ting an Application for Permit to Fill Property with 220,000 cubic yards of material by dredging. The area consisted of privately-owned property south of Central Avenue, roughly between Third and Fifth Streets, as shown on the Map for Section "A". The approved bond accompanied the Application. / 6. ^ From Bernhard & Associates, signed by Messrs. F. Bruce Bernhard and Martin J. Bramante, submit- ting an Application for Permit to Fill Property with 695,000 cubic yards of material by dredging. The area consisted of City-owned property south of Central Avenue, roughly betwee Third and Fifth Streets, as shown on the Map for Section "8". These communications were referred to "Unfinished Business" for further discussion in conjunction with the subject as shown on the agenda. ORAL COMMUNICATIONS: 7.v~ Mr. Robert Major, Executive Director of Alameda Council of Boy Scouts of America, extended his personal thanks for the Council's cooperation in handling the program for the Scout Day in Government. He also expressed appreciation for all of the City Councils across the country which had been so generous in sharing their experiences with many thousands of Boy Scouts. He felt this opportunity for the boys to sit in with officials in government gave them an insight into what happened, and helped prepare them as the leaders of the future. At this time, President Godfrey thanked Mr. Neil Clark, Assistant City Manager, for his efforts in organizing the program. 8.` Mr. Frank Gotcotein, 731 Haight Avenue, asked the City to request the State Highway Division to assign full-time motorcycle traffic officers to the Posey Tubes. HEARINGS: 9Y Called up at this time was the matter which had been continued from the Council meeting of Janu- ary 21, concerning certain Garden Road Improvements under provisions of Sections 5870, et seq., of the Streets and Highways Code of the State of California. Mayor: EXCERPT FROM PLATTER RECORDING OF MINUTES • OF COUNCIL MEETING, HELD FEBRDHZ 4,, 1964 • • EITSINESS: flifs saro that we are all faMilisr with this meeting that tho Board. of Soperelsor; culled a couple; af weeks ago with reference to the mesedoriuM for the closing of San :Francisco Bay to any further development.' After the meet. and after this Board of Supervisors had voted to ask the Governor not to put this 'On Call% Herbert Cron; the Public Works Director of Alameda Countyv came to Alameda and ezplaleed that it vas his dopartnent3s thinking thaty 6hould the • Governor put this moratorium "on Call he should be told immediately what eaeh oity in Alameda County or -the cities which border on tha Bayy could live with In the way of fill. Mr. Coll talkyd to the City Engineory the City Manager and myse1f9 and explained what he wt attempting to do, The Governor did put this moratorium "on Call" at loast for a study. This Thursdaye, "ABAW is going to have a meeting counties to determine what the eighty-rem, cities end twelve/which aro repre. sented in ABAG feel about this moratorium, In answer tO Mrc U170118 roquesto our City Engineer has drawn a lino around the City of Alameda with rad pencil that shows NtAt we fesi we could Iive withhsre in Alameda as to fill. It is substantidly 'the same line which was drawn in 1870 and each year thereafter on the new maps this same line shaw0. saY9 1 DProxlmately the same line".: .1 think wo should be prepared to tell Mr. Coll at we oan Ilvs with as a Council and as the city • _• of Alatieda so that h would be prepared to renort tosABAG and we Would co able to report to ABAG on Thursday of this week. Aro there any questions' or discussion 1bout this map? I might say that this was die- cussed' with Mrs, Croll and k thought Alameda was being extremely con,e .as unriatfim, being vary fair undo if the other cities were as fair and as conservative as tho City of Alamodea, he exp ected. no problem whatsoc. e vex Freeman: 1 have ane question about this map. -5 this a map that -- 1 meana. who thought it up? Pave never seen J.A- before. Mayor: The amp Itsolfy o the line? FreeMaD: The line and the map. s I Wo:koks, nerhepo MP° could bettor' explain, It's not :host a line thotqs Promisoscablv drmoro Hanna: The map haa bee's used. for mscya many years - lang before! my timcv so long ab 'the basic outline 14 conhoravad„ Wt have brought it up to. date each year. and this is a redhotion of the same map which has been on all of these tables for the past elovon years that Ia've •been Oity Engineer and all the maps around tba City and distrl.butod. elsowtere o on board hero and ou the plannIng maps and every wtBrot elae, Freeman: We14 MayorI 'I thought you were asking about tha In not the map. Freeman: 1,m asking about the woo h1ict Ti •E.,; ma is fi 1 uppiese,i as far as streets go - 1 doWt know but Iqm very mueh concerned about the line which designates what is cU property" and what might he in private ownership. That dessnt show on this map. r..T0s,.tAnM4 AXX...44.744,Z.40 Freeman: Henna: Freeman: Welip tho basin line 1.5 In:Wded to be that line,. The basin line ienvt showing on, this map. .e.aameda Uasin Line is spelled Out right there. (Punting to Ttls Spelled out there but t doesnvt conform to the maps put out when the :tz 740Ye sold - on SS1.1. Marsh No 2 and Sale Map No /O. Hanna: Mro Mayer t hest of my 1now1edgo9 they do 'orb Freeman: Would you please got the copy of one of them, in here? Hanna: TelliOtT Freeman: •Tenight, It7s very simple:v. they hang en the wall is down in tha. Assessors Office -- A 4.'081G,.A4 a- nana, can't Klter his offiee. Don Lt you have, - you have 0.0MB 1 have. some in a file and j: w1,11 send for one of the mombora vtD knows how to operate the files and 'rill bring a copy hore, Yreeman: FiDO. 1 thtdk Its importanto Mayor: Vrei,10. 7,11 bow to your requel, Mrs, Freeman, and pase OD tO woUl leave this in abeyanes9 for the moment and pass on to Item No 2 nnae:v Unfin.Ished t.u.Siness please Madam City Clerk. Citerlre Tho mattat4 of t proposed ,. devalopMent by nhr & ASsoelates of property lying south ef aentral.Avenue between Third and Fifth Streets. This Also Inc-Judas ti o to items under Written CommimIcations which WOM 2 referred to, this heset7::. Mayor: At 1 remember, tha proper appl.ications were filed and tt bonds wore..fllod and. approved. In 1 wry of explanationv I might.. say that sume two -years ago „. or at least a year and a half ago,. th :Arr. Dovelopert eame before the Planning Board aod than to this Council.. The Council- seeMedavery enthaSiasticaboUt what they proposed to d6 and tto th Mayo Collischonn appoiWqed two members of the Council to leek. further into this„ a3 a comA:ttee of to with the Staff and with the Developer. 1 guess. itTs just two years this nextmonth tha tha cOmmittes has been working with the Pevelopers and with Staff and WORVOMO allongolong way. Wo still have a way to goo but weive come A 10 way 'I see Bernhard & Associates in the ouadiene tonight and cxauiy invite them to come before th "mit like to make an up7to-dat 9 brivf prepottal. Bernhard: Thank you, Mayor Godfrey.. .My.name is Brute Bernhardo 3030 Bridgewayo Sausalito© The matt before you i. a question of a they would Fill and License Agreem4nt on City property lying immediately adja ent to ours to th south and I believe yu all have a copy of this. Our Plan was approved in principle by the ...Planning Board and it is sub stantially the same plan. it is include40 aleoo in this doo: nt. In working with the cimmittee and the St ff it has ben diffioult b4causp there are few precedents. We tinaiiy found some prep ciAnts for thi typ typo of Agreement in the City of San Diego in the development of Mission Bay© This typo of agreemontfollows the ex p rionee of th Gty of San. Diego very closely. We are tat this time asking f1,114, 0611 sideration of this Franchise Liaonoe and Pill and Dredge Agroem.lt.on the City-awned land imModiately south, of our property and --- wello 'stop ri7ht there and ' there are any questions , . . Freeman: questions., Ys you indicated iv your letter that you would welcome.: Bernhard: _ . Yes Freemarn I have one question. I want to know when quiet title was --- had upon the lands hioh you claim ownership to9whioh would b north of ou', supposed lands. In other wordso under thi St tut f 1911 Chapter 313504o th .y may have all re e t4rd to the City of Alamedao if quiet title hasngt been had against the State . 3 WA havo a TItia Policy by a Title Insurance Company. Freeman: wells, in other wordso they would underwrite the cost if they came out wror g. alFte wont over your metes and bound and • located the property to the best of mycabIlity and 1 noticepin my researchv 1 haVe -put 1t on the big :p that; those lands have been one-half 0,anershie in State ownershtP... and 1 dent knc,14 hew they we released fraii..$tato ownorship,; Thi s. is a pvoblem that I .dohrct 'iant you to got involved in,„ I know 1 woWel not participate in It if it vieWtcdo no.. according tG the StatUte. Bernhard: Well, Mrs mano youQra referring to the mates and boundS in Freeman.: Yes„ and Iqm ta1idz about ' ------- it lel of "18" or is it "14"? Thy lie sectio I be.ievo one anoth r. Bernhard: This description ' this metes and bounds description was studied wi h Mr0 Hann* the City Engineer and he approved this descrip- tiara before we put it in this litt14, booklet. Freeman: W11 of course. 1 think that is fine except that he ienft 4,cosuatornmcar.ruxasseszAa going to pay the way® 1 make mistake and Ifm quit suro that evi- dently„ from this map, there is 'a possibility that he makes (mistakes ) . In one ofthe sections you ware 'ZIAlking about and 1 thought 1 had underlined it - you call it "31" or '32" that,s part of your properuy and. actually it lice adjacent to the other aeon which would be southerly of the'wholo bit„ unless yoW,va taken a section down like this and then moved cver and hopped Over to '31" or "32" in Township it e Section '„?,_ Township 2 Range 4W. Thls, is why -- I know how those deeds aro written up Iv e gone through them a hundred times. Half the tin thay denl Gm put the wap they refer to in the deed book. Its very Bernhard: You are referring to that prOper-v outboard of Whst Freeman: DesignatedJJot 31 - and when Yr. Hanna brings the map up believe we can jut pinpoint it right then and there. That is one of thm,„ A 1 1ndieated6 it did not lie under '14'1 a 19 i Section 10 but was ad•cent 4.',4t it and, also, this line hat was thought as• the Basin Lire here does not show. On Map No 2, the Basin Lin goes up and deletes Section a and part of 32. bernharu: -------- I am not looking et the Sams ma-, 14. are, Mrs. Freeman. FT.OMRD.: Ncoz, 17m Just looking at ths 0:00 utdell. in Lone ,„ 3 courzeo couldnIt toll anything by tha mepe you preented,, 1 felt like I had wandered 'Into tLo A7oabina Nights. It was the most beauti- ful thing I saw, but it vas .stil1 a ctWe'e,, BC:Unh,SOCI: (Gtmaing over to PJ2nivnl":1 mo, T ezg)m — "„,j. — Freeman: Yes, he hPs the Ilan 1,i ne. drawn in a stra:l. ht line and • tha Baain Land ia! not in a straight line Bernhard: Yu feel it deviates? Freeman: It deviates. It goes in here and then it goes straight vntil it gets to the end of Hawthorns. Street and then it goes up . and takes in about to as of the fill area right now in Unit II. Ws • have just received_a. letter from the-State Lands Commissionwhioh states that nt . lands southerlya or within Alam da Basino ware sold under the Statutes of 1868 as amended :in 1870. Bernhard: Well as I suy9 OUP title report does give us title to that land within tho Basin Line. Freeman: Within ths Basin Line? Bern arel:• North Of that Basin Lin Freeman: Yes. well of courset thE3air2 Line does jog up© Bernhard: , Our title report shows It'asa tral ht line. Mr,..[AtTre9nba,Gr=Arg. Oh t we9d•better wait for Sit 41rah Map No 2 and Are there any other questions of Mr. Bernhard? I had on or 1 would like very =oho beforV: anything is done on th1 a4 to see an economic feasibility report. Thatvii all flve over heard on the South or was economic feasibility and :Od like to look at one before you attempt this boeausev when they w,J.re talking about putting a riprap -wall on the South Shore of AlaMeda at that timg it was running four dollars a. ton for rip rap - and 1 don °t know he moh riprap will go in ere but it 36QMB to ma yougve get some mighty -ong stretch of wall. If you should start you first • and then MO end up with nothingt I wouldn t be vary happy. Bernhard: Mrs„ Preeman„ maybe I can answer yo in this way. Ii our cost breakdown, we have actually allowited fi 4 dollars a to OD tiAS riprap. We have tho moneyEalocate4I for the somplett„,.) job. irv„.42E, Have yoL done your tost boring? The State engineers on the higirray wrote a letter and said. there was softness to great depthon, Some areas wore below twelve feet and-they didntt find the depth, Rsrnhard: i17. Mrs. Freeman„ vs have amp:; ted than. Our test bor- ings have been done by Dames & Moore and 14a have found some fault areast, Mayor: Might sa that those findings have been submitted to ;he City Engineer. Bernhvr: Yhls oa nt in czu 1:,?;) bhmpe? us *0 ,?hanp:e our plans. IrJe, aro jut 0.9r.ign:7.ng to them I assukito --- Pkooman: Row many fc,ot of ripvap wIll you have and now high will it be? Might just for CUPI.OSUL;70 as ng as we,re waiting for the maps. Bernhard: have submitted a vip-ap sectlon to Mr. lianna. He has 6CWI,S VIZMa approved it. As I rocs, 10 it is -- thsrc Is a total of approximately, I would say about six theasand sixty-fivo hurdred lest of riprap. It runs about fifteen foot tall. It runs from below the tideline to tho top of the bark® This dopends upon boo you measure it In other words, on your slope. Freeman: As long as we7ra gevting eveeything out hare - aud 1f we,re goIng to P t it going, everything has to be out I object very strongly to the City Manager taking over our policy work and 1 quite sure he ,d be very hapy to hand it bac% to us, T cant so why he should be sIgning fill agreements o7? anything else whon thatla an administrotive duty of - or actually,, its a poy decision of the Cowen and tho Mayor should sign it. PF:i: N L(ia:?1, algned ono iu '56,57, a Vice Mayov. MCall; Greatest signature I ever made„ 12131ed the whole South Shove. Greats thing I ai er. did for Alameda, Malor. Freeman? Are you putting that in the roTm of , question, Mrso PTOGWAn: WO$ I putting it out -- aatual I wouldn3t aacept it that way, because as an Administrator, I donit think that Mr. Wellshould be burdened with what we do. If we make the boo-boo it shouldn,t come back on him. ThatIs our business to do. 6 Mayor': De you have anything to say, Mr. Weller? Only, to. be honest about it.5 I think it dosenTt make the slightest differonoo. If I am directed and instructed by the. Council to sign somethings. it is simply a miniaterial act. It doesn,t make any differencetw.)tbar I do or my two and one-half year old does it as far:. as I know... -I denTt consider that Ate b a policy decision :at allp assuming that the fietual decision haa'beC'aiVoefore been made by the City Council. Mayor: Thanly you, Mr. Weller. Freeman: 'Then:p.-1f this is trte.•,:- in -the ordinance which will allow this and permit it for the sale of '.the materials and for the work' to he accomplished and-...for.th are' t is a•part thereof and • attached thereteLuedld suggest thatItHbe noted that the City ,Mana gar-will Sign all,egretsnts, otcetera-for the City Council. C : R1.14,017, .• 1 hope,iive made it oloar.•- • • dongt really care. If -it would be preferable-, from thetstandpeint of the City Counot-L,• to have the Mayor do it -or aHMember of the City-Council or the City Engine It qs perfectly all .right with me9 1 assur you 1 have not sought this glory 6 it has;:been foisted upon kflo Wollp• as'a member of the.,CoMMittee which has been working on this for two years, 1 would like to 64 that it is a twofold proplet one interdependent _upon the other,: One is the fill: and the develoPMent of the Develbper,s own land - the other iS an off-shore iatyp tnio1oy 1 have uStd-.:.'The applications for fill permit on the fee landp or tho inboard land or F.Y. e Developers own land have been 4er thoroughly The development of,th property on the Cityland will be lease4iihr this be threughv. the Devoloper'd Itohas been studied atole gth We still have to work out the final details and Y'thz lease agratMent. 19 personally„ after living with this thing for two years'*WoUId Very mdch like to see this Council - No 1, al/ow this fill porMrten the feel land and o in favor of asking the Staff to complete the studios with the :Oeveloper • indicating t6•the-D4Valoper that we 'are- very mdoh pleased with ray dream'of this "Whale--island" and iiia Might ask mr. McCall 'who has also, heen living witta this, as a cammitte meeneP„„ for• 7V:'s„ if he has anything fm.,:thee to add ntdite Mr Hanna is getting. out his maps. McCall: Voll,„ Mr° Mayor as you knowg thia property thst wevre t discussing - and I tbink everyone should know tb2 exact location.. weflre talking about tho property east of the present Enoinel High School site where the old red train. used to make part of to loop down to the Mele. This property aPprozimately borders the old Purcell •property whore the Parcoll•Plungs was. Nezt iE PaO6n School and then there aro sixty7thrse.units of apartments which were just placed thoZo. - - te• • . the west of that . weetorly propertY line of the apartments which is now . _ owned.by Bernhard & Associates. It i's my feeling that, after seeing this land lay dorMant for so many years. - and Many of you tan remember • the old Congress Corgis development - and as 1 look down in the audience and see Hugh Hoech smiling :F,-•o.was on of the greatest. oppo,, monts.....„Of seme of the developMents down•therc at that time - and Iqm sure :LariS, were a lot of questions in a lot of our minds as to how tb was ever going to be developed - but here w have a corporation which has the opportunity to develop. It has undoubt (Fly gone to the lending agencies. If anybody is worrying about a feasibility studyv Ii sure the lending agency isn9t going to lean money -on e project of this. ize without knowing what It is getting into,;, in the first place. Freeman: 1 wouldnvt be too sure. ,49,:cOmmo+Armtnn,Merarlaszam McCall: This i a trsmendously la_ project and 1 mow the finam-- cing has already been arranged for. Th old Purcell Plunge -.or this property whore I think most of you realtze there is a singlo-family house there that belongs to a Japanese couple, if 1/m not miStakentand they have bought this home and this is the home 1m speaking of nin 'eesteiy frem that property line all the way to Encinal High School - and then of course, at the 'present time we have a sand areA • • . there and it would have to be brought up to gad e° Now there is nothing at ell and no on can stop them from filling that land which they own out'ghb.„ so long as the lease requirements of the City of Al6meda and the u ty.Engineer - and put the right typo of retention on tho outboard side of this prepW;yebookause this is ntt the •ono.wo filled in on at Cost Porikose.„ down In back of East Shore Driveg or by the Aeolian Yacht Club or any other place in Alameda - so long es 8 - the. retention device is thexT and it meets our requirementa - and 1,M have the bond - thcy can go ahnad with thi roject. No That yoalre talking about are those lencis that lie beyond that - and in many cmsos as WG look over the s,vbele brecthurs6 and I .know there have t;)1.3,911 many meetings between the City Attorney and the attorneys for Berilhard Associates and I know the Oity Manager has had many conferences from time to tii e. and aa the We reprosentatis, the Mayor and myselfi; having opportunity to sit down - and with all of the questions we"vt fled of the City Attorney - my o: question at this time, Mr, Mayor,. would be directed to the City Attopnoy.to ask himyin his own legal opinion and advice to u as laymen on this Council - and I stress the point Nlaymen" and not legal, professional people -. do the appl to that we have here before ua it your atifat1cm from a legal standpoint? Yes, they appear to hal iremonts h. Ordia. nance. I % aid have 1 tk it howevera that whats before us for action tonight is the application for the fill permit as to Area A. Fre May I ask the City Attorney to do one thing for use before wo got too 1nvo1vt3d? Will you please it to the State Lands Commis slon and request from it all lands that would have reverted s the State since the Statutes of 19110 Chapter 313504 - oP that reverted to the State foz to delinquencies and would be undor oar jurisdiction from that time. If they would please let us know what lands they were anda if they .haVe . been released, under what authority they have beep. released. CA: l'es„ malam. Freeman: Thank you Rose: Mr. Mayor„ I like to aSk- cuestIon of tin City Atone if 1 may. In:your Opincoe Mr. Ounningham,„ is the title vearch and t s title policy utich Bernhard and AssoCiite)s have in proper form and legally 103,nd1Pg cZA: I hsven,qt seen the title policy and 1 havont checked t.la description. 1 have no way, and would not gaaral es that title to the property they claim vests in them. 1 would, bowever, advise the City, if :t t3 pertinenta to-rolY upon a stnndard California or en Ao To A'6. 9 policy on the property. If ttbe.7 fill property which isn'et theirsv comsat, thatjs to their own detriment. 1: do not know the status of the title or :Its streng h to the property claimed to be-6wnad by T34znhavd & Associates5 however. 'Mayor OA122 t.V...1.19, (VI.eeman speaking at the same time) --- Reseto gums-, tion yast, that the title policy would' ba binding on the --- and wetud give tbo use-callee property owners complete protection? In my opinion,0 yos. 1 would advise anybody to rely On it° han% yola. Wollo ara there any other questions - c what Is the pleasure of the Council? Freeman: Wello Id like very much - as long as wevre going to b s legal about this onot that we submit the plan to the State Lands Com mission and ask if it meets with their approval o the use. Though W aan dotormin tho 12SOST they still have jurisdiction where wo go beyond tha - into the State owns:di, because Xhosa lands aro hAld in trust. This is no longer a Municipal affair - it becomes a State affairy when thoy go beyond5 because the State gave them to u in trust for the pto plo - not Jut CA: If the little aun peal pockets and use, filling State-owned tidelands their question that they will have to go to the Commission Freeman: This go os beyond the Theno there is no quostion it wi have to to the Co1p for Ingo in my opinion. FroemanT Well the map shg4s it going beyond the bido1aith lot line 4V.,..^rrsg.v.ezrz.vex of Salt Marsh Map No 2 and Salo Map No 10. !an! Mvor: / Do you have any other comment t mak,e4air? sL Wollo itlo not my understanding that the Stata owns those tiddlands. The City of Alameda owns those tidelands, to the best of my knowledge. Freeman: 1 think that probably that will have to be determined by the City Attorney - to find out whether there is a trust Imposed upon those lands in the Grant of 19139 as amended in v170 because any under- standing is - I know with the Long Beach Tideland Oil - thosev they granted outright to Long Boache but in "Mellon vs. the City of Long Benohn whyo the State moved right back in and said that wasnft so 10 'Sr that they had and rbeeivad the money trori th a oil royalties9 though they had granted tilt- deed3 to th z' land -COMpletely, in fee. Mayor: Bb ard I know you Wrb talkod to the Federal Government &bout his. :Clams you talked to. the State,„ by any chance?. Bornhardg 14e haVe ,ben to the DiviSion, of Parks and Beaches whak as I underetand itte own the proper4 661Sent to us,,; W haVetalked to them about that property they own. s thay g0 OUt to this Basin Lino only,: In talking to them9 both in Monterey and in Sacramentop they have stated that the land outboard of them outh of this Basin Linos, was in trust to the C ty of AlsMada. This was � of the m in concerns in planning that area and in planning the Alameda Mem i .1 rk in that they were concerned thate: soMetimo in th 0 Axturop th City of Alameda qould conceivably fill all of that in ando act cut them off. Fr Th4t isn' too much of a as shot boost ny passed a tw f.) hundred. Tifty-feat strip highway right peritoeter nd nd th 3tae --- and 1t Ver been rascindedo' Bernhard: 'rasp this is cm e of their main cone 0 ft. rns in their plannng, As I says, they are adjacent to as to the cast at one point and thy 14 only went out to that Basin Line./ all of th ir maps which thy us both in MontercY'at Regional Headida'Aers nd in Sacrarvnto that Basin Line Is a straight line and south of thato outboard of that, is t tut to t City: of Alameda. Fre$11.4tn: (changing record thy for (?) navigatior was tha, the line of the Imp low water marks which as a sigzsg lin and that the tidelli*Oaitimission came alOgand draw just arbitr ry straight • _ • . . line Sih they sUrtroyed and put u p fer oalo - but SiM0 that tiMc' the'. Stghas declared that no lands which Imre submerged at the tilmop' p ed into private ownership that only the tidelands did.' That is in the:7'11E3h Cason. Is thata fihy story? Freeman: It certainly is to everyone. who diddl 'dles with tide- lands because they c mplet ly diff rent thin h ghlands. 1.182a2 fir® Cumningivmm lets azsame for the moment that this fill permit on this 'so-called" fee land Is granted this evening and then -11 we find that. :nip propelty„ in fa 3,oe,5„not belong to the Developer. and to.those t,bat ;tas applitlation g.t.geD hmtmAi„ then„ mighthappen? ITe7jahl..-:$2-..aomeone ol.ae owos: tho . proerty, he willhAndoubtdly look upon it as- a•14iA..fall,„ because hp .h4§ filled. propavtr.there. What will 12apparik to Bevnhard & Associateaothltdon7t know I 3upposa if they found...a defect..,in••their 1ti, and bat J1 it t, 7 would almostba foreed to make some„....arrangemonts to acquire i Mayor: 4,2aniC,XM=9. Wella...T,Im not a conernedwith Bernhard & Associates at the moment:.on this uostion as am:.0.0 the City of Alumoda. What..... would9or cox/d posibly happen t this.Body for granting a fin permit to an_owner • and then we find .that 'c pot the owner.. Wiv4t recourse would the owner.haveagainst this Body?. Freeman: 1 havepqo other questionbefero you answer that:, Vr 4 you plpasoi beforeyeu answer it 7 Mr0Mayor? Go aheada Mrs, Freeman. :'Z .think that this als* in7olvea- the City of Alameda .in. that we are granting to the peoplathe u& of submerged . lands . apdthe materials thst;a:p4 also given to u for.an improvementof.theharbor - and thii!: is:why 1 say it u d have to,be in thqt they ars outboard of our tidelands lot iirng, that som -otar- mination from the $tate Lands Commis4pn vould be in order .andp could you have something: Bernhard: Nos, Mr . .Froemant in filling pur own landp according to our -------- fill permit-, to til3. or swn land o ware-only using that mz.,,03eria-h:::. . . . . . whichis m our owc ..,71And and we are notUpinre anybody eleevs„, Freeman: Thenp you would be happ y just to got the permit to do that until you olved all or your othpr q.uasb&on wb.ich ieav ra. with what? McCall: Thi is.ti point9 Mvse Freemanp wtich I think is woll Ieq,e t1ktr g about Area A - andwhon wa talk about. AREA as under Written-,Communicationst, Item — this delineatez the property line if 1m not mistaksnp which belongs to Bernhard & AsPoi:= ciatesc, It is my fspling tonight thatl„as-you have just stated horep that the fill pormit,would be grantedfor.this AREA A at this timep, subject to your finding out all of these legal questions which you have raised he this evening - and than we put the sho w on the road. - 12 - If they sun t get tho pormit on the buttide,„ they zeoe stuadr. with its,„, • hut Iles sera that: telYW„.„ at least, will' 6 the show started' and they will 1.11U- filling wlo their, elm fill Oaf .their oWn lands andeten thaiy• oW qkffty• that they have titla teei °I Would feel that. this • is. reasonable At this alma, •you want.. ta el:teatime Area B„., this is somethileg different - and I think we 'ban. gh into ftt featjegn in seder. to. feel that thle WbUld be justifiedf Frseman .Wedidei • eould still like, to. know if it IA a pegpar use becesuee haey this beautiful o, as 'I Say,, it loski. like a . develepment0 and frem vtat I see!, itiS• In order - 1 don t roans' kneWe ossessessieed Bernb.ardre. -Kay- .Mrs0 Proem:ens, title •pdan as- shown on that map on our owt fee 'mad •- •obr own land - ietibie4d "PD" lie have gond through the proeedures ,WIth: the Planning Beeendland they halie siven us the approliai-fer this op6rtion - to oommeteb 'Our . We have, thing8 to do -sfAth'thi PlahhIng Boardi, but theyehave approved the plan and thn bei there. Preetan: Nay I aek you a questionl A.r.d your lots "1 " and "19•"? • Are you -0 Is it:this small poYtioiji.nere - "14" an:d or ars you talking About Because Wt.:6.nel. read it - tbis ToWleship 10 • right herei, Range - Wellv ;awe aAO.,Se Used to ba called Secon4 Street -.•its • noWs about FelmAh S tee 6 • (Free Man and Elernilard g and oommenting On. map) Bernhard: W ) s Central? Freeman.: Cebtral i aboUt,,m•this Street along herefwbdebeteits called Main Staeeet. It used totde6dOeberight hero and t'lei.eftiisy made a turn 'around out •t o tho .. t;&ii1 itf.:4,:- :riltd13 is Centra1 •ii"i0,:, Markt, oan youfhoIp Heri"J..9.HillhY''doo t youfshow us •bera. some rema.e.)• Freeseian It is. 'a question beetauee. Wells, Mark We2L19 .,..... do Iteen- this map.ttgno Here iv e we got on hero? We betmnsit anything. on •hero 0.. -.a. oi4A. • eesi, • ••• Mros.Mayor9 in answer to your eabotion„, there Is ;no on behalf. of • tbo 'Council or, indeedf,...ehy:City Agent' for any nealies,nt iss0a. for a porMitS„ 333 e ,ane (Talk.ing in'bsekgr unddbring Chve yeeply) Maer z Thank. you. La Croix: Mr, Mayer„, wss Wodor iI dtf,..-we are in agreement that they - • • should e et the Vi e 0 Me yov said, 'Got 't he 8 hoUi n tlio road" on their own Iaed weeddikF they srd goi to fill ffdm their own fill-burrow - elbeteercr you want to dotomins this to be. think Mrs. Freemanls questions which she hes raised hero aro certainly valid ones and think we ought to be very interested in these and that answers should be fortheeming. I think these gentlemen would certainly not he ven- turing into a development of this type if they had not.., themeolveso planned and hadd, certainlyli feasibility studies made of tho total outcoMa economically to their well-boing or certainlys, to the City of Alameda. I know I was raised in the vest end of to downFouth and Central - right next to "Uncle Hugh Roach". For a year ws eat there with the Congress Construction Co. - we ,re sitting there io w1h, at 1 thirk for years has boon a very unsightly addition to the City of AlamOda. 1 moan this :very sincerely. 1 think.that have tb gentlemen here-tonight/brought to the City of Alameda a very t4on,,, derful opDortunityp develop something of extreme value to- Our City and I myit 0 1.4404 like to see thiaAhthg iov ahead. 1 feel that wo should'1 at this -time and 1 would-,AC:move,that the right to Section A$ if am: 'Orrect0 be granted .66 Bernhard & Associates and in that metton„ M r:s''.':.Freeman?1,, the request --- Freeman: the letter to the State Lends Commission that this is the • proper use ad 1»!m quite sure theV1:i.,lee willing to send their maps up -and along Withthatv Mr. Cunninghm will reouest the opinion of thn State Lands Co isio on what happend to the lands after the Statutes of 1911. c7k: Now, I wondar if we have in the record Mrs. Freemanps9 I ©an get a transcript of your request - what lands taiking about? Froemmn: Yes, IGm talking about any t,delands s 1d under the Salt Marsh and Tideland At of 18681 March 30, as amended in 18700 April l, as amended in 1874 - and as the Commisoion was disbanded and the Rot went out Of business in 1876. Those. four Acts ars the only ones on these partiouia tidelands. In 1911, under the Statutes of 1911.1,i - special permissiom was granted to all holders of Certificates oP Fur- chase .to como forward and quiet title against the State for ono year. The following year the Stat granted to the City of Alameda all lands that had not been„ evidently, deeded o patented out. - 14 - The m1.12 sot• referred to c,ontain the land in this dr6a9 is that right? Freeman: Yeao Marsh No 2 and Sale Map No 10, Nrs„ Nelson ean you mark the record on. that? a,,am.mma.k *1 Mayor' Thoro is a motion. Is there a sopond? McCall: • Mro Mayer, Iell be happyho....Spcond the motion„but in, so doing -- first of all„ I want to be sure, of my ground thatehNo. 1 wevre Mayor: Weere no on the question. We have a motion and a socond6 All righte go ahead. McCall: .1 would like to 5ay' thatandair this proposal we have a • fill diagram marked Sheet No A her - and this is under Written Communications No©. L, with all of the att€�c�hments© This is what waere talking about at the prt time. team y understanding that all of the question* that Frs. Freeman is referring to would g a ong with this ono for-Area B. Freeman: ... and B. , • • McCall: 1ga1/0-my quastion to Mr. hLa. Croix„ That not; the way Mr, La:Croix made his motion • only qUestion.is•the fact that it myeUndorstand noand 1 d wanttoblve. correOted,..-if .114 Wrong, that AREA IV:is-solely ownad in fee and title • • - , has bOon grantedhtoethe Applicant. ::Ohh.:-•':ho a* making t however. second my Freeman: .h There- •is no question of As far a 'DM coned,. - „ can gi*nt the oarmit because if it turns out that they did not quiet title and no deeds wore issued and the City did happen to own the they -Still have ti r title insUrance pollay - and If they have begin very smartf„ they have read it very closely and referred to all of the• deeds on anything that might say, 'under California lands' - to find out if thry do or they donet. Mayor: Well:, 'before I give Mr, La Croix the opportunity to. amend his Motion - if he so desires - I would like to say„ on the question9 would also like tho motion to he amended to include, If„ of coursep youere in favor of thine d'rection to the Staff to continue working . with th Developer on Section B subject to the .letters and maps . . and all,, because Section certainly goeS along with Section and if we do give an indication tonight that we are in favor of or not - 15 in favor. of - but if we give an tr3dicat1on tonight that we are in favor of Section By then that. 'All dArect. the Staff to continue to wo:ek with tha DevelepsY. I think the committee has gone but as, far as it cant, as directed by this Council... The committee faelsthat would be an excellent thing for the City of Alameday but the technical aspects of the lease agreement and all must come from th e Staff bask to this Counoil.for final approval. If you so desireo Mr,- La Croixo when. you or your motiono if you are, t leave out Section A restric- as outlined by Mrs Fremont, and then put them o Section B. Freeman: (Interrupting) I did:1qt have any --- Ma-o: No but you made the motion„ Mr. La Croix, for "ect.n A, subject to and 1 dongt think that's what you meant. NoCall: hatls right. Thatls what I was quostion9.ng. La Croix: If I might - after listening to all that's been said, Igm about away out hero now. It as my intent that the motion read that B4rnhard &Aesociates be granted the right to fill their own-l.and: which my understanding is item A or Sectio A from which they will' - dra th.i r own fill and 1 included along with that, I P4uess in my statement that the qt ot Mrs. Freeman, which 1 felt ware valid„ be requested from the State by the City Attorney, applying to Section B. Fo4man: Woll„ we've only talking about the g mit to on 1avo it as a pift to fill. Mazor: Prrtiit to fill Section B? Freeman: With the understanding that it 1 to b a riprap wall. La Croix: If you Wish It a simple as it might be, I woad liko to say that permission ba granted to Bernhard & Associates to fill Sec McCall: Mayor: It b Second the motion. d and seconded. Are there any questions? May wo bav e a roll call, please.. Clerk: Councilman Freeman, Aye, Councilman cz.arscr=z Councilman McCall, Aya. Councilman Rose, Aye and Pr sident Go Iroixo Aye. Aye. -dered. Now 1 still wotad like to get an opinion from this Counoli as to at they desire tho the Staff to do In continuing 16 to 'Nork with the Developer ao tb2,t we canv as soon as pas8iblee, como up with a zwomme.tdatian from the Staff that would be subjoot to all of the letters. and maps and questions. that Mrs, Freemsn 'las raised, ose: sp move. Mayor: titam.ro,,tmar,rm Out of the cermv or my left eye ' saw the City Managor raise six inches ont of his at Is there ..ocOnd to that motion? Freeman: is it noeassay? Second. Mayor: On the quIstiony do you have something bothering you Mr, City Manager? Quito a nImbev of things but 1 think Relative to Section E? T. think tit motion is proper - may need some help from the City Attorneyy, but 1 think it would not be noce*sary to expand an further on the motiony so for as the record is explicit on the points that 1 think would bo involved. Firsty that we would ant to xploro the questions raised by Mrs.' Freeman with resp*ct to Area B; econdy we would have to attempt to work out with the Developers a lease agreement' with respect to City-owned tidelands areas - some kind of fill agreement with respect to any fill material owned by the City that might have to be used in conjunction with the fill. 1 have the distinct feeling that 1qm, leaving something out is there any,- thing elsey Mr, Cunningham? C A: And that the Staff or whichever member thereof is involvadv be authorized and directed to wo.©k toward thut result, Mayor: But not to emocuts any agresmants. No! 1 s sefsfleally aaid to hving back tho :incommendationseto this Council. New you might not feel that a motion Jo necessary* bUt Id like to have the motion recorded and a roll call takony because 1 fool that the committes?s report has been given toniAt as far as possible. We have gone as far as W2 can and have given our recomm dation but manyy many things still have to be worked out - and 1 .c1 like to have a roll call please. l=07...72.1MMO Clerk: Councilman Freeman, Aye. Councilman La C r oix Aye. -17 Counoilman Loyou, Councilman Rose:, Aye and Pnosident Godfresoo Ay610 Mayor: So ordex,...464, Freeman: I have aaDtimr item of old buainesso if you will let me have a few minutes. Ma, Freeman: scope of Mes, Mrs., Froomany under Unfinished Due ts This is in regard to Resolution No. It beyond the our jurisdietIono actually, because it a State operated concern - thn Realmation District and a MunLltipal affair In our Fill Agreement.. Reclamation District No 2037 is a State Aganoy and5 as suche, has lot a contract for a specific plan of reclamation work on th tidelands of tiva South Shore of Alameda Thich plan was adopted by Reclamation District 2087 and their Board of Trustees, The contract Leto according to law for the wok so reclamation by the Trustees9 was let to Utah Construction Dredging Corporation. It appeared that the sole responsibility of this Stath Agency Reclamation Districts,• formed under the Water Code of the State of California has the Sol responsibility to perfo their works. It thsir duty that the roc matill work as shown on the adoptad.plane as amanded is completed to their specifications. It is io that assessment to complete this' work was levied according to that plan which was adopted by their Board of Trustees. Penalties were provided for the protection of the District for non-compliante and completion of the work according' to tho plan and the contract issued to Utah Dredging Company. This WaS:' adopted by -the Board of Trustees of Reclamation District 2087, been told many Umes that it doesnqt:-Matter. they aro all one and the samp but the Water Codeoundor which this Reclamation Distri t for . . public .WOks wzs undertaken and their contract with if ah Dredging Corporation .to unwater and retain tho lands of the District9 makes no such recognition. If the workz have net been completed according tp plan ta shown in our Resolution No. 55., according to the adopted plan of the D trictv.I think we should notify the District to complete thEdr mrkt, or r port the District to the State Agoncy fsr non-comp e- tionv after the expenditures of their assessment funds levied for a completed work project which to data 1 not completed according to - 18 - the plans l&svad in 1956 and F. City a©tion under the Resolution. before us tonight, granting permissien to fill these lands In. any manner vtensl, in so doIngv the destruction of navigable wators occurs bayNard of the mud dike retention providod in the. Army Enqineers . Permit Fill and the Reclamation District Plan of Retention to fill only the lands susceptible to fill. Mayor: Wo119 under Resolution No. 5„..if the Council does consent and pase this Resolution t the assignmont„ it still does not relieve the Utnh Construction Company o its obligation, No 1 - and No.. 2 it i my understanding that the only reason that this fill has not been completed in Area C is because the City )in* er has asked for it to be delayedo Freeman: TO 4, Mr, City Attorney9 will you please send this that I have just read to you t the Attorney General and ask him who la responsible for the completion of this work? A: Yes, mMam. Clerks TIM you mark th e d on that? Freeman: Thank you, Mavor: Wel1 9 I thought that we were alroady told by Staff that Utah Construction CoaTany would still be obligated and would rot be relieved of its obligation. Freeman: 1 donyt care whether theYvre relieved of an obligation. This lets,Utah Construction Company of the hook and it also lots Mr. Hawley off the hook This is a State Arty - came in here to reclaim X number of ar,reoo They made a maNthey put in hov they woro going to etain it and it is their job to fill it - they set out an aaso60'# ment on the landr, I have Resolution No 69 just a mlnute, pleasbo Rose: Are vle going out of order on thio7 Freeman: No, wWve not b3cauze this is under old basinosso bsoaul them fla nothing on the agenda talking about those Re2o1u5 .ons that wofra getting ready to adopt. The ts nothing in written cemmunicae7,- tions - I donit oven know where they came from. uExe9cising Option to Provide for tho Modification of the Agreement Authorized by (rdinapee 1445,9 New Sorias"9 is contrary to the trust imposed upon those lands and under which we hold them as trustees far the pe*ple o; the Stato of California. The Caltfornia Statutes o 1913 as amended set - 19 - limitaiAano on oaf'. aoUons to these lands that were vanted in truot. There is no aid to navigatioiov fishing and eemmarcep fox' the people of the State of California :U y Couw:111 cotton to pormit th6 baymard of Reclamatoton District proSeet ao aopted. to diminish the vatom af thy navigable Bay of San Francisco. This le. also not a Municipal affaim - its a State ar:n - and nationalv rea1ly4 in scope and Ws •of interent to all peto0..o. and their navigablo waters. To No have one other item in oateothis Demos to a vote .tonight Tho public recol7ds shom that in Unit IV's ;Anal Ma p9 the beneficiary underbortain deed of trust and twonty-four deeds of trust whore. both beneficiaries wou3.4. undoubtedly accrue financial benefit to their comili' par a to actiona taken by a. vote'on a anal apprevaVer Nip No 2537 before us oht Persons_ns and Plaeea,7 Mr J0[1.11 Paters of Atherto.! is the President ofCalifornia Financial:CerPOration the parentoompapy.ef Security SavingaLoan. Couneilman:larry L Croix Is Vice President of this sOSidiary of California Financial Corporation. Mayor C:odfrey is a member of the Board el. Dirac ors of S curity Savings &..Loan - is also interested. While Cif% 'ibtAtiOba. • • made to the•City Council iembors during their lest race for the City Councii s. they were made (1) Mayor Godfreys 3oard of Directors. of the member,. of the Security Savings & Loan tn Mr.. Terry La Cro1 x. one of the employees of that companysj7 O. Contribution of the President of Califorbi? Financial J. J. Peters ware donated to in to Councilman Rose - and Ifni ewe thos„,k, funds ure their election of the candidates in the Council race of each 12 1963. The full Council minutes f September and O tcbx, 1963 .g,. reveal thoir reasoningo.their logics on their voting record. Note particUlarly the denial-and review of a " Piz a Parle and tkim denial and rovilyn of 'Unit Ir.- Conflitt, vested interentss undue influencesis a matter of determination. Contributions from involved companies and for profit in any way would indiato thoso concerned lihould abstain from votin g.. t maid also like to note at this time that there has been no request for thzse resolutions that appear on the agenda tonight - and 1 don1t know wars they came from. Itm going to in just a moment 20 11 for a recess so that any Saeuts tbat nesd to go Somas may go - but before dos just so it. dason:ts sound l'iko a put n: dsa ssit t ko t t; y ifs in foie a dILots:.tbast is any atoreidot of: interest on. tals Colanail or its Couno11 tn.wstbonss as reopsots thes•osolutions through t or whatever it may..ba, • M2.-?!:, Rrosidents considonad this problem in connect:I:on Tho -/ s•nfliot of Interest statutes.provide that Cit Ors shallnot be financial interested in onysoontractmade by them in their OffloI,PI1.6Apa-dity. -I see whatt eis•bappesIng. hare tonight to bp, an opprovaItoe'a.-Finel Subdivision Meopo :Um unable to see. the tion of a contract :between the City and any .firm in which any ofrieial is a member or ownsettts prescribed pereentago of shares. It is my opinion5 thereforo.:0,.thot the stratuteen.yelvedp namely 1090 of the • Government Coddev iS not violated by theyslitste of any members Of this. Counai an the.Final„Map. Mayer".:, • • -Queemere statement Ild like to make - and then 1 will •have a recess. This Developer come ,belbro the City Planning Board • on October 7, 1963..,,evith a TentotireAelp. The Tentative Map was..., appro'lybd by 'the Planning Board and submited to tho City Opunell with a re©OMMondation'that thoy alzo appgV.0..._t4e Tentative Mapv subjeot to oomplAanca-with therequiroments oflthcs, City Enginoor,s report.and any subsequent modIficat.lons to that report Phis Tentative Map was not only approved :by the City Planners pnd submitted to the Council but this Council .approved the Tentotivaegap and9 its been pointed out tonight that the Final Map as being sUhmitted is substantialye the same a that 9'!entative Mspo, 1 think-1. hava answered to the beet of my, ability the- statements made by.KrstdPveemane call a ten-minute -recess night now and to t40;7.,61,,,, Scouts ''stm do •o homes wegra very of. your coming andeanything this Council.. can. do• a further your deveIdtament.0 please colle.upon us. Ten minute recess.. . NO7Org (Following recess) IvmtPmo;ted tosee our honoraryC.Ouneil. mambepso Staff members still with us., aDo. you enjoy these meottngs? (Wods.ad smiles from Sout) Mr, Frema? Freeman: 1 njoy them. Did you want :to know if 1 had an, more 44. resolutionsl- 1 baTv.el TiJ.;,the.y.-HquiTJW,i741Hlzd.ale,T,Trti6labee, 7:111,WAMIMT.c, I - 21 - want to know wtsone ve find QUt.:, that the ,Sovelopor requested this Map -bar adoption? I donpot find it on the agenda any place. 1 find a bunah of :isesolutions but no Letts:10 of.requestt asking for our adop tion. Mayor!, Vona of couree„ it would seem rather obvious.• Freeman: . It .1sn"t though, I couldn't read it. Mayor: Well, yeu asked a question.' I attempted t 1i youre n o interested in my explanation -- Are there apy o questions? Anything else under Unfinished Business? If noto any now business, this evening? LIP Tha "fill" question, Mr. May r? Are you goiig to raise . again tie quostion of the Bay fill? The ABAG meeting on Thursday? Mayor: OU, thank you, Mr. Weiler.. 1ia o rat 1ed, I donit know where we did and that ABAG disoussien. Rose: Wall, I think wo ended it Mr. Mayoro with Mr. Hanna' going to find some maps. you Mayor: OU, yea.. Ar ©lc with Lu o Mr. Hanna? Ckeh„ Mr. Hanna, do you have the maps Mrs. Freemen re uosted? Hanna: Yes, sirs Do you have your questions now, Mrs0•Freeman? Freeman: Ys 1 w as wondering whore the red line name from that is drawn on the map that --- Terry„ may I see that? to Mayor: The rod lino came simply from a meeting, e I piaire do between the City Engineer ant. the City Managar and myselfo zs requested by Herbert Coll„ the Public Works Director of the County of Alemedao The three of us that at down seemed to feel, perhaps, this Council could live with this line, and so a 11 was drawn and we discussing it now as to whether the Counoil likes the line or doesn.gt like the i1 or wants to change it or wants to as it. Freeman: Well, my undorstanding wIa 1 looke at the lineo I can.lt quite understand it because as Mr. Hanna said, you cant locate these lands very well on these maps.- The line that goes downfrem beyond. the Washington Park Fill bayward —what is the purpose -74 u of that land? Is that goinr, to be a yacht harbor? It runs right over the State-dedicated lends for a freeway, admittedly. I'm talking about the red line that jaunts down hero and gees on - It's another thousand 22 fest out in .:.;b3 3-ay. Is that p4oinv to he filled or how would tki e. man, who is here today like to know that weitese.giving permission to fill out, to this uses ? Mayor: I believe the lino was drawn outboard to that aroa that has been discussed al:out any possible fill or possible development and that -lib I think you ar rafaTrihg Freeman: it toc out have to bet:riprap_far rat ,tes with a. plant whiehe:WSthink is at tho State Bath is it not? US.: ? to the/Pierhead -Bulkhead linav which would ention, ands;I riea a man came in tonight *.tt would be actoptabse to the community -. it has dev�ted to navigation and yaohting- yachtharborvand,areas that are 1 think Its lverely - and then wa cothe along with a map - and if aro going to aept this, throw:him intr: a cocked :at. 1 asumez, we a adopting othin that , nld2 meCalI Mr. Mayor-- Mayor.: Wel7,..„ before you co in Mr. McCall e a would you draw the Mrs. Preavvc.0 Where would you like to see the lin,r? Freeman: I'd put it on the Pierhead-Bulkhead line and everybody wanted t.) go beYond that would got a speoial permit. Mayor Mr. MoCall you have a qua tion mod then weull g t back to the City EHgineor as to why the lino was -- Mc:e1 Wii if you going to the Plorhead-Bulkhead lino 1 .?? is take it outbeard of the DITiMIMAilT No, I moan to the old -- McCall: 'You e talkLn04 about mean and mean iow wat, Freeman: the old line which the McCall: IT11 go for the Plerhead-Bulkhead line right now. Freeman: Salt Marsh and -- Mc There's no question in my mind about that. At timaP, in looking over there, end 1 think, Mrs. Preoman,„ you will remember that when 1 made this statement in the Board of Supervisors1 chambers. with regard- to what Itve always known as the Tideland Lot Line in the City of Alameda Freeman: Umh hmh. McCall: and it seemed that even the. Chairman of the Board- of Super- visors didnft know what 1 was talking about and Ium sure that: Mt. Croll was not awara of this line as far as we are concerned, the reason the 23 - 1inewas delineated lx.J. 18701. as far as we are concernd, in the City of Alameda designated as lots in the City of.Alameda, wheth r th V.? re tidelands or otherwise. I think that this is a very, very reasonable delineation or line. and 1 would go thlia,far toy to you that in the earlier develonMent-pf the 0.0.D.M.raSIOn would call it, at the foot of IgebStor:-.:Stbot,. he the Oftie4elf Civilian Defonee and School' Mobilisation/1s at the Present: time, and with Park Property taking kE the Mashington 'Park, and in ths 76 acres ef t.5doland that are',Outboard of the Civi/len Defon e and go back in tha State Beach and toward Mrs,„.. Sohmids„ her old Na Schmidt had the Cottage Baths that the State now awns that as submerged tidelands, and then Of course,we were talking about Turski7s....development on that property, and w aro talkie about this development of B rnhard & Associates, so, as far as 1 am concerned, thi is_the reason r the jog e Yea,ve got the State and What they might plan :to,devolop and Turski, wze he might develop-and where the schoorWants to develop, outboard from Paden School were where Bernhard & Assediates want to develop or here Encinal High School wants to developes. Freeman* Maybe 1 dont un orstandt i8p Tro MeCilie I thought the rod line las the delineation of that we would permit to be fillede * '7 It 1 Wore tho State and 1 looked at this map and I saw that youove delineated as fill, end 1 owned those tidelands inboard, Pei tell you to go jump in a hoop, because Id I,lant access to the Bay - and if youre going to permit the fill to go in front of my door for a thou- sand feet while Ilt trying to work out an'amt for navigation and recreation, I wouldrOt even uonsider it qa: Well, Mr e Mayor, bollavn me, I donct want to get into ,thia, ' but 1 have tho feeling that there may not be a complete, or at least,' nOt a uniform undorstanding of what ti e red line proposes. This is not intendod as a master plan for t1i filling pf the Bay. It contemp1ato2- • • - a possIbility• that or kind of moraterium on Bay-fill projoata my• be mposed„ either legiSlatively o on a voluntary basis, for a period••of • two,, to a ma7cimum of five years. Th plods hat have ben talkad •. about:moot have been three or four years. So this la som would be imposed either voluntarily or on a compulsory b that this period until a master plan has been developed 17 ABAG or some other agency§ to which all of the other agencies of Government can subscribe. Secondly the-adoption of hi 3ne9 c any other line certainly does not automaticallY authorize any fill'eulthin that line - w ply restriotv voluntarily oar othorwisep the City from authorizing the fill outside the line. It would leave entirely free the decision on the part of-the'Council as to whether Any applioation within that line tUght be autherized. This outlines9 nano, over a period err sayo twoto five years - or would authorize within a period of two to five yearsp the litits within which the City Council could function. Outside of that line, there would be absolute agroment that n autho cation would be granted. This is rot to say that the ultimate plan wouldn t extend beyond that line or en come inside the line but this is a short-tarm line within which tha City of Alameda would retain absolu, jurisdiction for the period of the moratorium - if it turns out there will be a moratorium. Now thatls not by y of argumpnt think that just Indicates what the purpose is M Mayor 1 feel that the City Manages xplanati tion of the situation. What we tre trying.to do is tell - th peop1 e 4.n the State and the people in tie othor cities that as hero in Alameda aro willing to &Taw some kind of a lino so that it an be held for consideration by any commission,9 board or lasal legislative Body within the State that ight be proposing this moratorium, 1 think they would fe4f1 that we are reasonabloo as pointed out by yoursol4that the Public Works Director of Alameda County felt that we warp within reason. What we ere actually doing trying to ka:p as close as posei- . ble to nh1n g that werive always hadD'and uolva actually out down in orris places Like 1 sayv and Mrs. Freeman has pointed out the water area th t w know Is up for aavolopont - but this is still subject to the City Council g ving its approval for fill in that area We are being reasonable and I would fool that this is a feathar In our cap as a City Council when we go to !BAG or to any other legislative Body to be able ti say that wo have mado a determination and w are willing to be hound by this for this time --- What we re trying to do is say that thi is something we "r willing to live with. 25 Mayor: And welql 13.ontrol ourseixes? McCall: Thatqs right. Rose: Mr. Mayers, I move timt the Mayor bs authorizodp at tha mooting of. ABAQI. on ..Thuroday4„ to submit this map as tho proposal. of the City of Alaineda ,. in ease there should ho a moratorium doelared. McCall: I second the motion. ----_-- Mayor: . 113 been moved and seconded. Any question? May we. hava —l- a roll please. Clerk: Councilman Feemant, No. Councilman La Croixo Aya. Coun,, eilman McCall5 Aye. Councilman Resel, Ayot and President Godfrey9 Aye. Mayo: Anything else under Unfinished Business? Hew Buoiness?:, Freeman: I had or thing under Nem Business. Would it be proper-: to ask that whin maps are submitted and someone asks for the adoption of them - that there appear soma request from the parson who would like to have the maps adopted or Final Map approved? 26.2 Wello of coursloo Mrs. Fraeman the Subdivision Ordinance with reswict to Final Maps nrovides almost an automatic routeo aftar the tentative stag to you - to the Council - and it providox for certain certificates to be on the map. thin those things are ono the City Engineer puts his certificateo files it with the City Clerk and there is really no option. That why it's hare I moan there is nothing --- Freeman: You moan it doesnit come bforc th City Council i ..cr211,, Sr- 29 routine business under our Chartar? C I : 1 Yost) Ws listed. It oomes under Rosolutions or OrdiG,, nancos or whatever is appropriate. And not a request to adopt the Pin1 Map"? Ivve always 't before where they eamo in and asked us to pleasc . adopt the Final Map on Tat No. "XIV and thi8 . I understand thatRe what they are dolng. Freeman: Noo the letter wasnot in tonight. La Croix: Are you speaking of a "cover let:, Fre man: A cover JeztTr. I nea:1 just present a map. I would juat like to request that it be done in the future If it isnit out of order. I may speak once again. I think that.ls correct. This 26 - question was raisod, I would c cirtainlyr., with tho City Attovnay that it isrOt Do3essavy - that ,t[w action in the filing . of the Final Map automatically brillEA.it before the Council but would agree that it might be clearer both from the standpoint of the Council and the public to have soma lottor5 either from the Staff under Reports or Officers or undo Written Communications that would come Prom the Developer. 1 certainly SGO nothing wrong with that and 1 think mayby it might be a little' Ajlder procedure to.followb It is not legally required but 1 think f(..'Qm the standpoint c --- Mayor: vat-^ecay.c. Then, you will assume t;hat..this is a request of the a e a policy decision. to do it that way. If that is what the Council.wisheso Certainly. Thank you very much. Counci !aux; 1,17hilewalre under New Business and wenhave all thes autherisatienoto make on resoluticps.7 and.th* final one :is 'adopting this map whn are we going to discus%, it? Do we discuss it and New Business or --- Igd like to discuos it before gat through p ing the other r ,olation Ef2.92: Discuss what:, Mrs. Freeman? T Freeman: The map 1 find errors in it 12LEIE: We119 nothing tBS stoppedyou so far from discussing r lutions L. through 8. Freeman: Well, then wo will go on and discuss No.7. Baclk again, Ph ip we hav before us her 1 notice ,a on the rycordation Hannan„ you say donvt bother - but 1 notice here that the (unfolding map) ph, he we are here. This corporate agency„ a c rporation the only reason 1 question it is that itQs different than the other'. The trust „ the Security Savings & Lan Associations, corporation, the beneficiary under twenty-four dads of trust, made by Shore Lin Properties, Inc.„_ acorporation dated 7blank" 1964$ and al4aorded ih "blank" „1964„ In the ther one,':it tells t.4 day of.recordation and gives the number whore it can be found to look at it - and if this is supposed to be done before we get.themap„ it would be Irmill:tul they had filled it out Then, one other thing hope Mr. Hawley is here 1 have one questicm of Lim because - is ho here? oz, his rep sentative? Do you have dada and patents from frorn this land, Mr, Ha 1 Y? In answer for Mr. Hawleys V77 name is James Bo Davis. Reside et 2225 ()tie Drive, Alameda and :PM an atterneT, representing Shore Lino ProVer ioa, Ine6 In answei to the specifie quaationi, "Do we have deede and At.,ents on this preperty' t„ we do haw a deed on the property,„ yes. Freeman: ProM the State of Ca:O.fornia? Nov net the State of California - from the owner of the Jr Utah Construction Company6 Freeman: wells What do you do under 7PUblio Resouroe9 then. 1 think itrs 63080 Davie% 7,1o11.z: Mrs. Freeman?; Freeman: Ii sorry. This ia who one - on forth and quiet title again'st the State to actually Davie; No I'M dorrye you're not corroot or that point Mss© 111 Freeman. Tha property is owned by Utah Construction Company© Th State does not own it and Utah does not have to quiet tit frvainst the Stt to gat the propNrty. Now:, we have a title In ranee policy on this Property that has bean oubMitted to the City Attorney. I'm sure- you fool very etrongly about our poSition that we should or Utah should••hava.qUieted title but the aotuaI fact of -the matter. la • nal do own the property and we do nOW own it and under cOntract of pure base that we have completed FreOtan: Then did. they go to the -State and reqUest that It deter- mino ,-,,, the Leg4sleture detaraine that It was no longer needed for .,h• trust upon Which the 1and6 wore thtieSedi, ewm though put into private ownership? Davis' I dent know whatbar Utah Construction did that or n woUlddoUbt serieUsly IP that wouid be..reqUired. Freeman: its a requirement under tho ROSOUVCQ Code and under the California 'Plea Cacen and anything o1zo I've evar read about it Sotetime they I have to do it. We did it on tho west end on too parcels back in 1953. Davis: Mrs nr2OMA1519 en,the idaue of how title passed to real property - among attorneys the area o the authority whloh is con siderod to be the final word is title indU ance companiem --- Freethan: Oh.0 Boya 28 Davis: And they do consider matters such as this at great . Iength and they do issue title insurance policies on title to property which run insurance of pony hundreds o tho.twan4 of dollaxop dePending on Wu) price of the land. Nowt, in thin• partinular instance 1 Oen guaran- tee to you that Western Title would not have iseued ouch a policy if this landp in raetp belonged to the 'State of Californias, as you seem to think it doesr,• Freeman: No T thi k It it b1ogr to anyone it uoui d belong te• • the City of Alameda. As faY ar tho title insuranoo policy goesp... I • think. they interesting reading. I don't know whether your d ds will road the same as some flve recid - refer to book and p e and map number and you end up with California Lands and a fictitiou you promise that you'll fight tha title quostion on it de d where Mrso Freeman4 let M3 say one thing. You are not an attar ny and 1 merely question your ability to read the Statutes, and rendgir Freeman: a legal opinion on the title to land. I not asking you I'm just -- I mean ing you a 1 g I opinion. Davis: Yos„ you are, Mr Freeman. You're q st1onin g h to Unit IV and I do. not think that you have the capacity to do that, Freem n: Wang anyone can question astitlo to any land ©. klarY2E Let's knock this of; I don t think it's 1 vent to the question® can banter back and forth all c-ening. Now while Mr. • . Davis is up, do you have any other questions of him Mrs o FreMah? e Not - wait inute© Nognnot of-him. I have one of the City Engineer In that his signature is on the mapg also© Mr. Hanna„ here I notice that you signed / r'Suporintendant of Streets, City Engineer, City Of Alameda, State o± California,do hereby certify that I have examined the herein embodied Final Mari entitled, 'Tract 2537„ South Shore Unit IV, Alamodag California that the subdivision shown thereon is substantially the 3=0 as appearing on the Tentative Map approved by the City Council o tha 15th day of October, 1963, that said Map complies with all provisionA of the Subdivision Map Act and of local' ordinances applicable at this tim.. My question is what h:ppen*.d to the zoning law in the Municipal Coda sin Chaptnor XI. It dovsn't apply to that at ali. These lots are 29-foot frontages and the requirement is for 50-foot frontages in the zing law in the Municipal Code in Chapter XI, Wellythe Subdivision Ordiname of the City of Alameda. allows for ex.00}?tions. Those oxooptions were requested and allowed by this Council. Freeman: This is truoy but it says after you get through with the Subdivision Map Aetr it alai) says l'and o2 looal ol%linanees•appliable at this time". It seems to me - may I just ask you this. Do you go under thn Government Code br the Professional Business Code or what Code are going under? - because you must be going under something to have to fill this out, this is the requirement. C/E: Free n: tr State Subdivision Map Aot. Wel1 9 it must be a requirement then and of 1ia1 ord noes applicable at this time. CjE In my opilion,0 the Nap is entirely coc'xot technically and ets the ordinances that we have. Freeman: In other wordsv you think it does conform to the 1 "o. Freet ordinances in Chapter XI? E: I fee/ that there has been arrangement to sot aside that petiou1a r reqldrement in tho Zoning Ordinance nd 1 think 11 has been done in proper, legal fashion. mazwrzecce..cvmma,ms Freeman: The Zoning Ord5zance hasplt boon amended or changed. Itls up to everybody else. Tor: Wollr Ithink tho City Attemey has answered your question want to whether you•believe him Wa8eept it - 1 think the answer ha .beon given, Do you have any more questions? emal: I might ask the City Atto7ney. If an oedarme han7t . beep changed or emended i it in effect? 21A: Irn soiy1 ould you repeat. ..421474.4.4Arg. Freeman: I said, "if an ordinane has not been changed and amendad is it in afoot at ths Una? . 4 4,o; .4464 referring to tho que3stion you asked the City Engineer ve, is that the Zoning Ordinamo was not rollawed with respect to 30 the sits of the lots,, Howevery in the f'„itlb.c.liviztIon Ordinance, the a pwovisien Mr. providing exceptions to lot sizes. Honcs„ the lot sizes become legal - not under the Zoning Ordinance, but under. the Subdivision Ordinance. Therefore, if they are legally - 1111 retreat that. If they aro val_dly excepted as to size under one ordinanc it fellows, in my oolnion„ at least, that it complies also with the Zoning Ordinance. FPOEMAD: Manr: McCall: Mayoto before Take your opinion. Under "Resolutions", bey we have item No r please. --- 'Under New Business - you might call it Old Business but I would like to have th r pot ion of it clarified for me toihta This docsngt bav snything to do with the subject wegre' talking about right here. Just recently, from WestlIne Drive to east of Portola Avenue - wegre talking bout the City of Alameda purchasing from the State Beaches and Parks it at think, if Igm not mistakendsome $, 600,, ot purchase pi that we paid the Stet a piece of pr party. something, we paid as the this pieo ,. of land. Now, the question ariseP in my mind - and as I read the paper tonight, the Chairman of the ways and Means Comitt ot the State Assembly of th Stat4, of California, Mr. Robert Crount-Mantioned the tact .that the 185,000t appropriation in the State 'Iisech and Parks - that they had askedfor in the budget is deleted from the budget of the State of California. In the memo 'that we vt from the City Manag the passibility that wa have the $150„000,000. bond issue which the-,, members of the League of California Cities went on record by passing a a resolatio6- endorsing this,- The thing that worries me is how long are we going to have to wait. Somsore seys that it is *coming up next yearo but 1 no guara tee that a.$150„000,000. bond ipsue going to b void in by the electorate of the State of C sqtntiy , Igm v much interested. If the State has nerve enough to apply $ 000,000.0 or whOtever the fall pri as1 to purchase a piece of pr perty from. v the city of Alameda and leave tunieveloped as it is down th 41: ro. now , with no recreational benefits to this community it would be my sagge tion that the Stat give it back to us - for free, if thla is such a burden on them and they havengt go the monoy to de.o op it It my 3:1 thoughts otherwise, that at.least the .monty to got -the •roadsido property which we talk about - the water is now at Westline and Otis D'iv 1 fool that we Should request the State of California for th minimum amount of money to fence that property hook. of the fact that the children aro all OVEiT the we ond. _here is going to b a police problem and tsar is going to be a safety problom and we going to have liability down there. No a lot of people have ques- tioned me on thi 1.11y thought that a delegation fn the City of Alameda olJuld b -.Jequestod to go to Sacramento to diocuss thi situation w h our Assemblyman who is the Chairman of the 'Ways and Means Committee, If h he be ongs there. ElY won, I thinks obvious cant horse-trada few $20s0000 I don think . - ID p oa11y, concur. Perhaps w by farth-tr discussing .it with Ass Legislat 1,44 be out of session, Mr0 your suggestion is ak*n. uld do it on trnoff1c1a1 1 1 yman Crown© When will the prenb llers do you have Call: We le got to get in this btdt, Mayc r. ny idea? think It de4nds on whether they "stop the clock" or not Mrs Mayor® I would like to reports firsts that I talked to Assemblyman Crowns office this morning in connection with this question because I was umware that the item had been removed from the budget. I canit give any assurance that the Chairman o4 what the Time St i3 pleased will be succassf61' in restoring th& cat - bat that was the indication I received from hi to refer to az the irThiWay s and Moans Committee offic . I w*uld thin frankly that WG ought to be a little bit con., ce nod about trying to bargain in toMn of getting a 0.0s000. water lino men y to develop the first zegment of this pro 3t a 1 think there still Is. I 'aye as !zed that the poi1y det1v. -from th s Council is perfsetii clear that we want this matter presso .as rapidly as possible. It Is If certainl y truothatithe State Recreation Bond Issue carries in •November' that it would accelerate all projactss but 1 think we canqt loss sight if there is som chance of getting a 'substanti ,n2m of Stet 45 of the fact that there are also other ways of financing it - namely, by annual Stat4 Budget appropriations and 1 think that - 1 have not yet heard back from M Crownos office as to whether the item hass 1 fact been 'remoed,or whether it is hi,SAUdgment that:9 if it•has been remo,mdp it can be replaced. I tW:n.54e: Ought to determine zjhatthit 81ticm IB and then appars that-there should be soma 'kind ef: delegatoh:then:T•think cartaihly ough to go upthere.and••••-, .prossfor - •but I:would hope thatw6. 6ould do better than-aimplY-.gat a four-inchWater'line or something:',d0tiiinto th propertY-thia Halfor::- Well? 'Ithink perhaps ---I'donvt think 1 misun"d2rstoodIT0 McCali--but the,wa,4i 7 understood hi N ;tb,zay - it Prass this thing first..and it lobics like it just -.mfo:t'going to go through fer'a. good long time, then:sa'it"Clive it back". -I, correct in - -7 11: Well, Mro Mayor I don'it want to belaber the point but I think th City :Manager will agree with:me -that I told htm over thr'f, weelis' ago that this has been de 11todroii the budgt. I knvw this I jUstcant understand why ths C1ty . of Alameda was not notifi d that this had gone on In ti s budget. I knew it and there were a lot.of otherpeople who'know that this was not gdin to b in that .budget. -I have n aocs e to that budget but 1 gt' phone oails and they came fora th 41 rigbt dirootienevidettlyvbeoansethsiy had the right inforthation. My thOm ht now it-h6ra we ha've this beilutiful pieee of land down there that should be accesetble - and we Oviiked last year for Grant Mainlan*o-our Director of RecreatA. nrt:-& go down the and talk with Frank(?), the Ranger down there and.ice if they cou1dn9t 74ork Out doaz prograM•for at low, children inourparks to use this'as a camp and' we cat do it because th6re has to be water and there has o be-sanitary facilities down there have all of th G facilities - • theut.re right thee at the front door'nOw - all -they haVe'to do i to-H be extended :T 14.1ow•for. a 0.00 t:.: be accomplishedo- The thing • that worrieS.1010, i to iodk the ontlin6:S in phase I of the doVelop,, !?it of that paillTheylre going to'have...to have a fence a70Oun.,•it''. and th 41 gate shoOldba at Otis Drive Oat-you imaginewwhkt'theylre act ally gOing to Westi' Drive and takn and put a Straight the way down And knowing at .theVre going to have et ontinnev there4:- 1 Ghinki,aa Ianra - - (TY '''•.-Vhay(tre going to Pilt-a'stYMIght• deal down th&re and-later on they will take It out and make En entrance • slay ihto the park hoesuse thio is 64isignated as the ehtranoe end of Otis Drive 'Nttera it. hits Weatline - is going to ba the entranea to that pas, (Changing z,aoord) ;Avere the gate is ti: o and the old OCDM and on gPoups through our Reeteation Department. We should be using that facility - it ghauld nOt.' tay dormant thare are beadti - ful lawns -doWn the2N, - there aro baaatiful trees dot 1 Wbul.0 like to see us have an open house in AIathada just to show the itiens tbw of Alameda what wo reel' . have down th6kee/withOut any Improvements Own emceDt•ourilandfaCilit- rop-sanitazi -faeilitios. I think -it behbovoe- fAs to-ask ths State Pak and Beach CoMthission to meet in the city Of •.. Alameda to aka a look at this installatIon. We had them down ho once before • this ,is why they purcidd. this property. Wr . just had Itm not trying to belabor•the point,, but they just opened up the big (141 0 hero in Marin Count and ---(?) put chains across there bocaUs there a no facilities _13 there. It just SOOM4 like the Government goes out - the Stato gvi out and buys all of then things and they deVolop nothii g. remember last year the Governor of the State of California. when they opened Eaglo Lake VD the pening day of trout season - and there were no facilities there - spo t all week nd - and there were all kinds of tbles, chemical toilets and everything there. Somebody got burned and 1 think somebody ought to get burne& on this ono. LIT": Well lot leave it with Mr. W*11er0 If you will continue to attMr1pt to get hold of Assemblyman Crown and get the awr to . your questions as you outlined them to us. As soon as we get tho se. weRll the City of see if we can make a determination es to what next step/Alameda can take. Anything else under No Busf_nass? 1f not ResolAxtiops, ?lease. RESOLUTIONS: (Resolutio 655'8 6559, 656') and 6561 adopted unanimUs You911 not that on resolution - itea No. - is the approval of the Final Map c Tract No. 2537 but obviously this (,,I,an“6 be approved - unlese.items Nos. 5 and 6 under resolutions ore passed - which ware made a condition wh n the Tentative Map was submitted and was approved. 1,t, 11 t k on at a time. Item No. 5v Pleas 0 0 e: Mr® Mayor, 1 1)ve) a quystion of the City Attorney9 pie 0 Just for the record. if this solution is adopted. it does not relieve - 34 I ..i)erve bbe ,respiefe) ef 0-.01 '0.0g10 M Lia, 'Oonsvotfng AosigKucee Viioa!h Mirive Oro to Shef's Line Pfo)partSoog, Y,,:nez). of Caf'talb UbliEstion Rolabine.; to Fill Lyza vCc,''. as Set Forth in Agfzement Aa3,13i.x.)::':ia$cd T y Olsina:no3o No: Nevi 8orlozo as A,o,s:TAAd,,' laccaii: Second tioa muif1Dm: 'aoli Call Voto: Ayozz Four?: Woes: Concilman J'a,som„ez Aboent None° (3qo. 6563) ''''MallifeIng Cption Iebovicked fozz in Modifix:'ion 4'°';g.n?" 1-°7 0:o0Sirosos:,e No- 1,1,4 rfOg'.1 " MeCall: Mvo Mayo9 move the aaop .c:n of tho re:201u0),ion. Noon,- S9011f.L May0701, Itql boor mooted ask) seeenaod,„ Any gleoeionD? If' no may. we havo a roil calls, please: 001,12:11:21-2 Frooman, (1). Abzontg YOnso (NO0 6564) 'AmmNyaing Final Map of Staxlitrission KnoWn as ITIglit Ti..51:4k.,r(oo) Trsot. Not 2537) Searettted by Shove Lino Proportiosi) ine.n, and. AlypNroing FeelAlrui Performance Bond as to SuffluOtmacy.' nceallg Well, Mr, Mayor - :keen. br ng this up under clues no, fl11 move the adoption of Wee resoluitiOn but I have a question here., Ma 770 All rightp, sir. 'Os boon moved. 1511 second, Seconded. (iusetion? alio On tha quostion)v MP° Maywo. Tdb have dedicated pn this Map a bee and thoro has been quite a bit of dissuasion tilth regard to thic. IM,V1,11a Do you Wigra;d tO take this up now - or under itom 3, MV, Well„ I thkok if we adopt the sau5Ottfisions, doosnit that noludo tee lot? MoCaa. flm not sura - thotua why --- Lwould ask the City Attorney then), for a rultago leso this is the appropriate timn to discuss it0 This,is whet I that . My reason.for sayi thls is that I know there are pooplo within the arse who streng jeot to this end there i6 undoubtedly - Ina ue do have in other portions of the City - 'people wan Oars Inechis)n. bcree --soi,T) and noes to axe to grind tor the Desrolesper„ but I fed-I-that because the request prob.,.,F ably come theHk,3oreat1n Commiscien• that this lot be given tO•tb,e City fer. this ourcosc,- I fOel.„. scottlt.Iff,„1:y....,,. if they want to do this wit,bin theirhowa sa,istEat:,;.01:,cat and on their ez7;'42,,...--, this is all well ar d. good but dont talnk the of Alameda shoUltd got caught ap in this. thing* This9- to ma:,a ie 1'11E6 a condominium, An' apartment house or a larg.1 aPart-. mont house' that has all of tho recreatIbnal facilities within their building sard. piles„ :ii g or. thay migtLt havee, I. th5cciSe.,0 gra aSking'for a. nuisance hdt,.'.0..:2 and it9a my omn opinion ttc'vatt this iot should be dolotod as far as- the-City asking for them, to- give us this lot sO thaii als can place a Odmmunity tot -let„, knew that a lot of peop16 arb Pioing to be upset ,•,..,lithrmy position because of Otis a:rive OhiCh. is 0. bady street - but Y. wOuld feel and 1 note that ..414h•• „•) tinY tot lot Put in by.the Rotary Cdttb'. at Krusi•Park, tho majority of the children who play in that lot are accompanied by their parent$. It wOnld be my;theUftht that ths parent' wOuld take the children to a lot or tii 1 cartainly wouldnq want my young or small ohildren running around er'en subdivision of' this type without me aeoempany ing them to the pt,),k..6 it,s no diffenkt than 1 e in front of my owp house or anything elect, My childr en. gb from my house down to the park at the nraCant ti696 and go to school but the swaller ones notice. most. timee their parents accompany them. I 1en9t 7gsnt the Recreatirn Depart- ment feel that iita taking a position istrongly in adverse to thm•but 1 think that hi1- IS just one of the things where the Devolow1r9 himself, ho youldn*t. give you a bit 15.ke that (?) • rather than, bayc, srd - -/ just offered to give it. Wt.-31.4'17., ries Mayor - I rity„ MY-0 Mayor - in answer to- 1,4 your Statetent. I :have reference to thaSeto from Grant Mainland, lienroa tion Ch3irtSan9 Ci Manager - 'Norawbfw 20.9 1963 - Butgloctg Racresti(1 &rear:, bnAt - and it gads •On to stato that.ncho conception of the finiehod araa at this point obnditto of• a groat deal ,:af trov And shrub' lasidepotattn. *Ilkways9 benzhesc And a. small play area gearedoror monitirs pree.011.col age children. 1.t easily possai,b22 to-oreAte an arOs totally acceptable to neighbors and still be able to have a large "MO area for a specifio age greupG It is the feeling of the Rocre.ation and Parks Commission that this 'development will onhano e=1 36 tee area bath aeutastioully as well he serving as a use ax..,sen,'? It is. my underztans 4 MeCallt., that the 'Use is going. to be...and proposed te be for tTe-seho61-age shildron5„ primarily. ,This is determined to be a usefor this tat,hieular arsax. f.Aktnet mistaken. I think the stateRents thez,s that you•we:iss in aiiSiefa4nt 'aith what was.sdsn Rotssey at. W2sUsi.6hateutera whalSebylmsethse0 would talte thoiv Children to this fares. This la Ishat the Issoph*al for this particular :area is. . , fort:biz paytiasaatrasta McCall: My point is - Mr, MayoPv 1 think va should grant him the p gaof thA'Plooro Mr, 1 1 avolA6:Yii":here". Hetal be the next4Ocr neigHber to thie and I express himself al 1t1 timO0 Mrs Pftelident9 he(hdoe. - Mro Davisp in his wisd has pot utOto nie that aomotime 4o-fttis very point wms diaeustod andf, as I no4 recall the to is not Offered for dedication in the Flnal MaPorar 1L1 vo reason since; c?c 'recognised that the point had to not/beeri . discussed-Or decided by thiOsCounoilo It is for that reason that no offer of dedication of the 06 -Oalled tot-lot is ofentained en tho PiteI Matleh •This diecussion9 thararore9 is pertinent to mcolution Item Woo 9 - but not, an I. mistaken1Y sgide to approval or tho Final Mopc, Thanyou 1 o2s thn Sel&h:U1AlailApra, We have a anetion by Cc)unailman Madallc' a don't know whoodiight•have seconded it. I think there was a Acesondh,h 1 eunci2.„iciate ;Roca° Hoover:. .Cetmd.indan Ef224 seeen.dodsite sAn3 kutheee dissUiSion? R080:' Year? Maye:Yt. I have hat -question on the Map but before pe* the hotion:- st the tims wahVoted for the Tontatolses Map and. le voted:in appTovakt, 1.made the statemat that hepad that tho DeVai-opr: would 'aas hia waialear te at least nikasiome single -famiy'lots avail- able al uz the beatibs., I 'esso-he has not A6ne that and I watidebe la6s than -if dia not sa7 I was dilleit.iee.atede I3m net Saying. tia in sriticibMe -Mr," gayesov but In diseptointment that this va-.•,S., not done6 Thotaothenc"is enc'efiOstion and :Pm sure"it can be easily an*4cred 'by sither, Davlhi VO, h to Sho 0 you here on the map "(doing 56) :coo:a" • _ What dries this mean here which wee not-Shawn on the original mapl -- sure it9s just a detail but I did not observe that on the original map Davis:; Yea .ad; ao, Thla for the hoeord what yea. oro roforring to,„ I haveWb tho slightest idea what Itw referring too Thank youf, Mr. Rose. I may need a .3-.1e idelpon.thisv moduelf. Heta reforrin to this triangle that appears on tha corner of Waterton. Street. Ida dodlootod that ,tvlangle te tho City. of Alameda for that steeto Is that right.o. Mr, Hanna? aanna Yes, ay:or: Court Street wasto you man? 1...pavist Itve rigixt there on tha corner of Waterton Street and Court Street - wo dedica 'lad that tr:W4to to TM city. not show Freeman Court Street west? Yeso thatvs right. That was n addition to the Pinal Man - or at least it does on tho Tentative Map. Thatla fireo Mr o Davis. Then this would provide that the City would pat In the street in that aroa is that right Mr, Hannao- instead of the Subtli• vider tying ap to ito, .1trl licalo more than likel;- the property owners on tho north side of Waterton Street will pay for thato Freeman: Oh, the:VI' love that. -------- .41 1 fX-,tm They hove their sidoagaIks and ourba and taoy are w11:1411g. to put in the pavinfx, blate, although the road thera Oho undorlyinfo fae simple Utlo has reatod with somebody oleco, It Las novor boen dedi eated. At my roquost,„ thay have deaoatod that pft000 se wo haloa an • effectivo yoepar stres width marminfo throu0 tbacaA„ .'aia040111:11 1 alwaym thought wo accepted them after dedication - aftere they WOYO completed. Vou mean. you accented the area - tha dedloatpd. area instead -or the street. C/Ig: There aye twe things involved in streets. One of them 1.01 dedication for a public thoroughfare purpose ancl tho other is accept ance of the street improvements for maintenance purposes. We can accept the dedication 'for the public use but ye have net yot had an offering to. pave the street so that we •car accept the pavement for ma5mtenanoe pnrp tea. think that will come up. ,4ry shortly. Mayorz Asm.;', (Inactions huvo beeneatactorily anowered,, Coun- °limn Rose? Any other questions? If nnts, may we hav3 a,roll callr please, Oexmollmen Freemans, NO; GOuneilman La Orozsx La Creim: To the.Olty Attorneyo Lr 1 tniht Mr,,,Mayoru pleaso,„ Mrs.6 Freemtn has allu66 te the fact that thwee may be some conflict or interest hero o:c . illy voter as the Vic& Peesident of Security Savings & Lean Asmottiatdon utl1ch0.1 found out, lagt.a shovt tfte ac .o has taken (gnl. back soma deeds' of .trUst on propeti.:00 to be construeted/ln Uri; 211% This, .• :Was a- CO/Acorn of minor. bai4vesla and so yesterday 1 con,i, tacto4, ouTtaityiltimey and asked pleuee cheek or me if to would•doterMine It.thwn 14AS any confliet of interest whatboevar•en my vote v.:Allbevv;r it might ba6 Ttam. ha didp Again 1 discussed this.... with 00.:r City Attorney today and he h determined forme that .as far • from . as ha .is oemerned. and/the research h€ ha done there is AO conflict of intareat whateoeVer,, 1 would just li4s to say this 1 a not a 1ng of-41.cer of 8acurity Savings $e Loan Associationp 1 em an Opera- tions Offioer stat:lened in Oakland. 'As far a any loans that go of.. re6ord in avea or any other arsa I tPuthfully know nothing o theses.. have nOthing to. do with tho lending polivy or the Assec.ia-.1: tion6. I WoUld ?wit like this to be Mad . into the record &n1, for the citiseuz of Alameda would like to. sty that uton I vote, 1 vote for what I feel in all honasty is in the leeut. Interests of our City. 1 vote , • 7es" a ...(ObblihiAing roll aal- ) OatIttliman McCall, A7.3 CouncilWan Rogilet,4yoj and Godfreyt, Mavors. • 1 dauf9t•thidk it worthy tei dven say my pieoe along witla clan La Orbit— tat I will for. the i,,,scord. Before the city uf. „ . . . . Alemd6i,..A too Mt4.3h involmd with Rainy a; Associates, L also cleated. myzelf. comp'Letely with the City Attok,tay so that 1 would know exacti whore stood in th,.3. event of a vo teti,... ilhould something of a comparable eituaton.ae ele.haAt'e now coma uP. Cotincilman La Croix ,,, the publio . voted him. in with. very heavy VOtew-Thoy knew exactly who he worked lor at tho. time they voted for him &nd.I...4..nqt think ho has to mpologige: si''',e0n,s6 Item Nao 8. 39 '3Resolution•Wo•• 6565 - Authoritl , E.xecution of AteeMent for Construction and Completion of Kmprovempnts in Subdivision Deaignated Unit Vire South 'Shoi,e'i, Tract No. 237,,n• McCall: Mr, Mayort move the adoPtion of the. resolution. Rose:: IJ11..secande Mr, Mayor bebausa I have a question. ElY9Z1' • 'Itla•bsen moved'and socond6th,' Question? ls thiS• the ageeement on'''''tifilch there is a question aa E2g2J who should execute it on behalf of the' City? PPeemanr„ Not ES far as concerned,. Not•aa,far a$ PlicenDeAMblilithere 1 have one questiono though. There wax a. Question in the ..'awmo we received that Ut not abeept everythg woe, 1 gupesD h1 hp for° Mayor:. ...,1,.....UCCM•MR, • Thatvs cor,rect. WhezTo does that-put h did :01ty Attorney? Those that'. vote for it?- • Ti e s6;,,alled 00 06• 64; Re, declaration of vtwb conditionsHwnd restrictions have beet,H3ilbject to a gr t deal of time and w,rk by the Staff, They ar asfaras we •are conoerned and' believm'•I'- peak feY-th3 Staff - in -pioper order. They are-quate restrictive. We r6quid, insofar ad..possibler that every parson'wbb had an Interest:intthe and execute thateclaration of those covenants and cenditiona.: In Order -that VA might anticipate the - however unlikely - eventtbat,' thb .0reaent subdivider tio11:-not be able to comtlete the propoied Subdivisio*, it was reit - I•:still re 1.. that 1I.,:oldlyra of s•(jUritY interet ought to ba bouhd'bythe declaration ao that reguadlosS-of litother the :rite secOfit.'13'i6 other junier'llianarecake into-posoesaltm'andfUll .title by vii7, ol t•e Subdividert•defaUltp the City 'e;imuld •noVertheloss,9 be assUreet.:that the declaration would remain on thls aWddiVision. I am•in.P•6m6A that Utah Construction 'A. Mining, Yerused• to'btocute that 'doclaa-A66. I beliew Utah to be il;ho second. in priority,of security inter6at halderse having subordinated theirfiast mertgaga to a later arle•andtit5s my belief that they are in rind position.. Thy have not alseuted laration Freeman: Did the eorporate agency 7 they es Wyustees- do you moan have they accepted? -- o dent they have too In that th y are g LO i)g 0/Av We want the bonsficiary9:--- ..,..,- ..7tgroMalig You :dant tho bensficiary,, rqA and e!zat mtho Utah Le. Fraoman: Wo9.•under this. the beneficiary is - unleos IAm talking about somothing else - is California..F.muyAel lo'i:yoretion and .Seaurity Savings & Leen. C/A: That'.1s-rightp but Utah .7440ipe holds a securit interest. 4:Apal: • ..As a. second lien holdero • o&eeman: Oht, and theTqre not on the mapi9thoughe Are they? Is • 'IMIx..,,lie" in there.? - La Croix: (Asides going on) - - underatand it If. I, underotand it Mrs. Freeman is asking for hare. Should the Developer defaultp the covenants an3 . restrictions would still run to the Mort- gages.. Is thIsnot correet? The•first Mortgagees,. La CVOIXT Right.o: SZL An thon.D. pr.ssumably, the, hid and othors La Croix This.14.where Vtah Construction finds itself In es3enee0 in the last pesition of a lien holdershquid it default and revert .., • to UtahConstruction Company. $00:1,P,essencop wo find ourselves than at that point_in the same positiontwe. are now and before approving this mapoo thisOnot correct - or am...1:,,wrong? 14112 Ibu_are„,correet. Howev er. the• fa et that Utah is aecond.now deasWt moan that.they al%ays rpma,;.a second. There are ways to ump priority. .asyou well know. don)tknow how many soeuritey interest holders in that land• there areo frankly. Freeman.: YOu:say.,..tbsat Utah is a they arenIt on this p.ap 1 eep9t' find theme Davis: ? Yesg,thayflro --- there it is .down thare. (Pointlng op:map) . 1710,,L.d.lteo Mayoro the things that 1 look at hare and what atoad actually gives me confidence that this...Abelopment will gplandMUhthe covenants and reztrLetions. I donvt think:me should have to worry abeet. this at this• (taps being rattle4Oand side conterenej. going 9n)e It'll wait - - -74qtal4,..,..nvo Mayor. --- Mayor': Ithink..the point is wellit.mken here but tba situation --- get McCall: The thirt I was tryine, torcint out' - $150,,„000.000 0 1,11 corporation. whiohiie the main lending- agency ..to the DOV%.03.01213Tg and ti-Nylre ing to got thei:S. money out of honm.'ene.way or enother9 so Ivm sure-- and *.1::.haven,t a. dou'ot An my mind vtaith.er all of the covenant:4 and reetrio- tionsiwill be abided...by. I donqt th.-Lhkowegre going to haveisidefault on this.at allAssoaqes even if thsve•wabia defaultv I think Californi°, Finan6ial in a big onsucch cori,oration-that they would . want ...to devlOp it in thm manner in•which they want t do it.. Mayor?, .Wallierhose there are a nambsr of different subsidiaries of California Finanzial - which I havpinothing to do with -',, poratd Agency - which 1 have nothing t6,.do with 7-- (intoterupted) Freeman: Ivm•aorryI thoughtyou.were a siAbdidiary of .them.' ------, have aIl'aigned.this and tbe-only co that I know anything about,reelly is Seeurity Savings.& LeanWhich is a itt801,000A00. 0-0T peration. -51!WOL just one of their SubSidiaries - but tbeyvve all signed it eo itgaradoh in excess;; 'Mr.McCall o vht even-you. hew brought up. We are.in an lapossibl ituatlorf nee itO If we don9tapprove'this because Utah Construction Company refuses to.sign: ib then the Developer, at present is outand'it is backp I would asstme,Aal. Utah Canstructionmpanrs hands withouiany ownnants r 1tIcn Freeman: lay 1 SIK-if this i to be signed on covenants and restric-. t1one9thanthe .dorporate.ageney has Stgyik4d? Mayoril Toii a'1.1 I know isnwhatI-kbad here and I the CerPorate. Agency' is .signatIlOyA. R, Rivoir, VicanPrOsidont. Duane Wt. Connellp Asaiatant Vice PreSIdent - so the 416e- Prosident and Assistant•Vide President have signSd it as Corporateancy. ' Wei:4 'this lo why I Ilaut6dn'tOknow -if they had:signed:. Wallo ltils right here - yOdJ1,0 got it in your hand-.: Freeman% Well. MT'. Travers ;at 5o in here, toot, under Irlostorn .------- those as Tr6too - but that doesnTt havd antthng to do withloovenants. No? •Freman: 114,0 McCall: Lght Well•Iwas just looking at:Vils.• Who has and h*sn,t signed the covenants'9 then? Has everYonesIgned them except Utah Censtruetion Company? McCall: Right. 0/A kmow. To my Imovledge, I believe that is to Maybe, Mr. Davis avis: That orroot. All lien lo.eders, other than Utah Construction '42 Company agresd to sign traa sovonants and restrictions. Utah weuld not s,gn them - no matttsr hoy hard we tried - for the sinple reasoz that they felt ths covenants and rostrictions wore simply too restrictive. on thp Subdivider.* that'ds all„ I spent manyy many hours o work In consultation with the City Attorney and City Engineer to draft thos.o . things and they really / ara restrictive on my anent but we promiscitd. we would do it and my did and Utah simply Nongt sign it because they say iteo too hard on- the SubdivIdery that,Is all. Soo wtat„,mere can we do? Freeman: May T.ask IT Davie mho 15.421.gn - who they were that • signed? Davis: 'rase Security Savinge & Lou ue' "Cal" Financial and their, Trustees which is the Corporate Agency. McCall: Got a motion on that? • Rose: I call for the quostione Mr„; Mayor. Mayo7e: Clork: Ara there any other questions? Roll cello please. Councilman Proeman No Councilman La Croixo Aye. Council- man Call Aye. Councilman Rosee Aye and President Godfreyo Aye,. Mayor: Itom No 9 WeIll read tb resolution and than continUe with t discussion as started. McCall: "Resolution of Intention to Accept Proposed Grant of Lot for Use as Childrenqa Recreational FacilitY in Subdivision Unit IT,:.South Shoreo Tract No 2537. Mr. Mayoro lako 1 saide »'t Stavaley is here in the audi and 1 think ho• Iciught to be ablo to say. hi s pieso, No it nee st,nding when this disousaion tame Up - and 1 woad like to ha corrected. if Ictei•mi'ong - that Mr. Stavolay was to be notified at tho time thi a was to be discussed befora the Recreation Commission - and 1 denqt think' this was done and I think he should ha:ft tho privilege of thD floor at this time to.diseuss. it with tho City Coor1 La CrOisc: I agree,. FiSZT4R.V.W..retV.1."-ro Favor. carOt answo r. for the Recreation Commission btt Mr, Stews ey was ablo to address this Council before and we told him at that time that he could address this Council when this came up again He cortai-ly is given that opportunity. Mr,, Stoveley? Thank you. fir© Mayor and membor the Council Oho (excuse m My name is J. H. Stevalayo 934 Court Street , A1da, thought at the time you had asked that 1 be notified to attend the Planning Board Meeting. Na3be I was wrong. I did receive a notifica- tion today that this was coming up before the Council buty just by lucky we wore inquiring a few days sgo about this resolution. My wife was doing some calling and she foux d. out that 1t was coming up tonight and it had alreao passed the Planning Board. :Om assuming in this ma lu tion that the lot yougre ta'Aing about is the ens adjoining my property. Itwa not set forth here. I do know at the time that 1 yead the article in September or Octdber that vas more than ono lot to b onsidered. I understand that the Developer offered:0 think, at least two end maybe four lots,, One lot was at the extrome end,,„ next to my proPor yo The other lots were up close to Broadway. Now what I dongt understand is wty the Recreation eci4mission selected thi p articular lot. My property is lees than a block from Krusi Park. 1 isd when. I bought that lot that 1 would have a par% next to we. and it wa on I could throw a rock to any time 1 felt like It There is a nice tot- park over there now in II Park, n t over three blocks emay if you. OPOSS through the Park. Iv e never been able to get a satisf*ctory answer as to why they did select this spot other than it was the biggest 10t (changing recod) --- the one down the now one, Rittlergs Park tharela nothing in between. My only contention is, 1 think one of the oth er. to should he selected. - something that could benefit more people Yougre going to have two parks hare, benefitting a few people in Ox compact area. Actually9 1 dc nqt see why thay need the nark at all but if the City Council fools we should hae a park in the, I think one of the other lots alossr to Broadway should be selected. I understand one of the Objections was that it wuRatbo..near the South Shore Shopping Center. Welly We inboard fram Broadway 1 knows, a couple of'blecks if thie Is the lot. I rjaan itqs temrd Mayo: d What lot are wn talking abouty Mr. Dvis? Davis: • Lot 1, ok 14„, Stevoiey: Itga the lot right at th oorn,i of Court and Waterton. Davis; May 1 make one brIef.•comment Mr. Mayor? The reason why that lot was selected is because itls an odd lot In OUP system of semi.- attached hom,s„ and also, it a large lot. If we had another to selected,, it would have taken two homes away from us whereas this would 44 h just one, (Davie and Stovoley x,eferring, to map) Steveloy: Would this rano hors take two homes away from you? Davis: .Yeav that would because they changed the pick-up of the lots to leave that as an open lot, Steveley:. At the time I first heard about this there were other lots which were available. Now, I think this has been redone 83,1300 0 At the times I couldnIt understand why ono of those wasrOt•solectlid and, as I say, I never did got a satisfactory an8wer. If my lot ware closer to Broadway, I would have no objection to this but I cannot see two playgrounds right close together. LaCo1 Mr., Mayor, I wonder jut to fozatior to 'fro Stoveley could read this memo from the Recreation Drectc tho reasons for the selection of this particular lot. razor: Stev 017126311.ffi,16792......t. h laid out Did yea hear Councilman La Croix read th tto? 6 I read it yes, what was --- I mean I didnIt hear anything --- Croix: This was - as of F*bruary'3„ yesterday. "The Commisition- took into account the fact that the lot offered was in the northeast'. section of the tract and in close proxiWty to !Cruel Park. It was felts however, that - .(1) The lot itself was:the best available; (2) By care ful•planning and landecaping the areapld enhance property values; • (3) This area woUl&be designed to seV6mothers and pre-schoolers from this tract only; (4) The question ar:to, tho proximity to Krusi Park wao negated by the fact that Otis Div e :acts as a barrier otreet•t6 traffic from this nrev„, it would saa t mi thet,, under th.e ciryum- - z stance it would be foolish not to accept the eer „and so on and o P fOrtho Ttiosc aro the reasons for selecting this particular lot aS far ae.tba COmmissien is concerned, in that they felt It was the ht et lot aVallablo in the- area itse1 f. agroa with you as flve dia this with you before„ sir, that Krusi Park orIy adjacent to th is. particular area but there agai s ha a boon brourght out hers, Otis Drive 'doss act as a buffer to the use of this particular arca. Steveley: ell „.Mr. McCall brought'that...eut. I was going to bring .T..arnr,■=4.13.2.,g,ap • • it out too, that Otis Drive is not a buffer necessarily. Those are prochoo1r ad the pre- c use that park over in Krusi and they must be - thoy a].iot hav to be accompanied by their parent. Thwe is also this zarety walk there et 'Mound Street now - uell marked„ 'My son is now six years old and he 0"e03208 by himself - but before that wy were eseorting him. I see that this is no problem_as far AS eo getting Krusi Park„ Tt.e City 12 g'-to have to maintaii . this park a additional 'expense and itls going to serve just the people. at one (corner Of the Tract - not at th other end at all. Ttteygro still going to have a long distance to walk. Youvve got all of your people across the lagoons on Broadway that might have a place t go. to 1.f• the park were at Broadway, The other lot ommei, as 1 under6,,, stand 1t9 was right net to. Breadwayp at the entrance - but it would . take may a home a of now. At tha time that I first haard about 1t9 it wasn9t taking anything away from them. Freeman:' I wonder - Mx' Hawley is here9 I nder if he has any sug- • gestions to offer. I do remember t otbz''lot was available but thinking that her M Duggan finishes'the Hester That that possibly Mr. Steveley has a.second point which no one has thought of. it would serve better to btAVG it- down in that unfilled portion probably across the street fro Bayview Drive when its completed - and put the park and open landscape in there. There arc 'two 28-foot lots th 42-foot frontages and it sort of equalizes thiS. Unless my eye vision is wrongo the other one is 130 feat d4cp and t s is only 111 on anc, side and 120 on the other - 104. Davis: Which one ara you ta1kii beu emor.stmarsvome Freemen* . 1 talking dbout 10 and 11 which would b a dead-end now but it 'would serve the Dugan TraiA when thats completed - and it rYOM would keep them/crossing Otis Drive and it .7.1ou1d actually be of more service to the people in that area. Davis: WO,lp that's a thoughtcp t:90!. Of Coto s therays furthe... do wn into the Hester Tract and that area in thlmugh tharo, Yes.9 it would serve that. ---. Freeman: . It lould OCIDVO that area and they welaldnot have to go up and cross over Otis Drive because as the Hester Tract ge 0 closer to the bridge it is really quite dangerous. They would have a long walk to a park. Mayo Tb.ank youNr Stev€1ey ery muo 1 know that 19 personally - 46 EA706 SUT8 other*mbors of the Cou are getting eal:is ounztantly and letters about •tbo tiny-tot area at Woodstook. TtAs tiny-tot area. wau moVod over in ,.s._oornor ut2ro it wpalekbo. away from the. eldor. chil- dren ,sit T "'" and whIla the tny,,,toto EtrV there, itos 'kr(' generg7.1y.tho tinye-12ots ere taken out of the area by the mava whto she goes home to.propgre dinner for papa. Then, the older ohildren COMB in and caUss aelot of noise and•cent4sion which has bothered the property ownersin that area a groatdcaly- old-time residents who.. have had ohildran and aro wfor ohild„ronbut they2re not for all of.' .• this noisco-••• surs weva all the e.idnt Ghttt, Uxi- tot area9.ToMop..anywhere. In th5 otco is not the place ferA tinyot area. .1.f.:we could exclude onl to tiny-tots. that would • • be finov but I dort think that we can, All In deference to the Dv op who has offered this lend to the City but, I for ono, am jrtst pot in Tavw of it„ Roseg . - Would. It ba ordQr to refer. this back to the. Recreation Commigsion in viewpf the comments vhich have been made here inasmuch as...it .pot am unanimous Vote '..of the Commission.whan it wg first recommended - it was four to One Note - and asking them to reconsider and see if '.;hey coma up t-ith the same answer'or pot? ayor: Well that certainly your prerogative to so mov 1 wouldn t be in favor ot • t because 1qm just not in favor o a tiny-tot lot tuna regardless o what the CemmiSsion might come up wItho Iva seen it in other areas whore it is lust too closev thatns all. Again. 1 want to repeat that 1 think itIs very nice of the Developer to offer it and 1 hate to have him think that weqvo not grateful but I just donit feel that in this location there is a plaza fey a tiny-tot lot. Mr, President, 1 mightint cute without In any way appear- ing to be ..an advocate of this lot or any other, tbat on of tho reasons why it was offered - any property was offered to the City in this development - was not aspedially to have a 1itti park or a tin ot• iota but to make the City of Alameda an. owner within the Tract ip order that it may better. be in a position toeonforce what we then. thought • would be the Declaration of Co Co and-Rowhich had finall y become drawn up In•final Jeormo That is the reason for the offnr 1 believes pinepallyv because we believe that the City being an owner would have more • rights Rq .Td9 mis:ht oint oat that the Declaration as finally drawn preventa theis removal - prevents the removal of the Declaration from-the raeOrd ir,sept with the City:. Ceuncilqa consent - a rather unusual proaeiallstr4 might point out. lsoxel I knetw• that wo had disouseed that before and Iry quite frentl..yy had forgotten itt„ Pm glad you bring it to mind. Whdf.ko :you were talking - and againy looking at the mapy 1 note that Lot Shoatk - perhaps the Developer would be interested in that area. whith he was gong. to .uSe for the use of alltof the property ownera. Mayo if I may speak-ona couple of points.. First. Or all„ the original Idea as fax aS granting a. to to the City was to giv)a the City protection on this question ,of enforcing the rostriconso Wow* we have handled that in the rest very clearly, I believap by providing that We cannot change the- restrictions without the approval of the cilw Council - so the need for t Council owning a lot disappears in view of that provision that mo put:14.i,', Do 1 make myself'elear on that point? in other words --- sus: You make yourself clear hut I dongt know that that is neees- . sarily correct - until 1 check with or,tr City Attorney. Davie: igeall, 7 think h agreedwIth me that in doing thl.s LIAZZY4':. Thatvs'not what h maid e„,:moment ago. Mr Cunningham? s 1 said„ thz Deeletion is in a substantially - different form than we first envisaged it However, the at remains that,: as the owner of a 1ot, the City position would „ in my opinion, be stronger am to tho enforcement of covenants. Whether or not the • . . . . City should be .in sUc.), a position Is an. entirely differenv,, Whether or not the City should inforce'SUbdivision Declaratiom s. is some- thing else .aga_n buty asaming that he,. aniwer to that ia "YOWIp the reason. and„ a f as 19m concerned, although diintody the continuing reason for the City to own some of the'pv0p4rty is to onforee the cote - rant ot and not so much to provide a tiny ..-,t6t and recreational area Well„. just to throw it op eq for discussiony with Mr. DMVILB repmSenting •the,DeVelepers„ what la;the possibility of the dedication. , . . . of Let ,Woo 9 that l.s. supposed to be used. for the public 1230. t get in' • and out of the lagoon. - b8 Davis: We would certainly be vIllinq to do that if the Council wnre to .vequest it. I would oautien on thi3 particular peintp though. That Lot 9 is on the lagoon and I have same hes tation as to whether my client would de,s1Te to have that as. a tot-lot in the fear that --- Ma,,Tor: I waanit-talking about a tot-lot. 1 was talking about an ownership. I Understood that you were. to USE Lot 9 so that eveueno in this area would have azoese to ths lagoon - is that corraoto sir? Davis: We would certainly be willing to grant Lot 9 to the City Car, Freeman: Would they have to walk around Broadway to gt into it? ------- As it is set up not Mr, Pre: nt9 Lot 9 is now to be maintained by 'the lagoon ownerWassociation.' You seev by taking Lot 9 as it is eat up now in and it might be a good tthij - but still and all/t Doclaration,,, other parsons are charged with maintaln_ng that as an open and as an E1061089 10t to the lagoon fte tho benefit a tho Alameda West Lagoon Ownors9 Association Mayor: Maybe we c1d put a fire station o Lot Won Freeman: Mayb e you could take Lot i4. bt of Block La Croix: - Weil Mr:0 Mayore if I might uay something here. Mr .',McCall fzeZB that we shouldnvt have a tiny-tot.area in this particular davlPP mont and youTve stated that you feel thatg perhapsg WG should noti., as well0 1 wou3d,have.to take the opposite •taoko I feel that this grog iL3 . somewhatlecked in to itself and ::Lthink it will always'be evan it aa Mrs, Freemanha8.statede the Heste Tract adjoining it may some day open up. • It -is. Still going to be set,-esido to itself - divided by . ..• . ,.„ „.. BroadiltY-'-some.cOrio-Om111:tum'sn shoPPt;.''-41„t,,,illts,4no, areas and divided by • Oti s Drive from other park areat,, T:feei that we 2O going to bnve what is its., 176 units down hereo semething like this - but thia la something we,ve. always strived. to de.in- the city of Alameda - to provid* park areaz whenever we could - whother.thy be tiny -toto passivn parks or whataver thy boo I feel :that they lend themselves to any develop., mant aesthetically or provision wheroby mothers .can takz their small chiWren4, etcetera. I. feel that when they do not have to walk across a thoroughfarc wtich is a very busy thoroughfare - such as Otis Drive and9 as far a comorned„'itPs going to get an awful lot busior in the years to eemeH,that this provide., recreation for mothsrs as well 49 a5 for Y*Uaj UAT02an sad that the ciny 0000 It 30 Wolf and b 6 h'',5� UAKens the opportunity to duvolop ROY graen and/or park arams thm','; it can. Tha Avelapm US said that wa would provide as with a lot. What 1 maul& UK to sea is that thin go baak to the Reopgation an dl PavkaGommionlon fo,furtheo study as to wbab Ahat lots might be suitable to whom.. T world Kwas: g Dozilt you thlak that many hanarada of feet of boach ig a wacr=icn mr0a " don"',; Y�,;;,-t that the lagoon --- Freemon 1 Now do Key gat there? Mayor, Uat =Aja doas a YDang mother w1sh tc! to the boanh. on mamy AW11mant UYS, I think SN'3 WOUld rabhsy 90 N a 9100n arta WhOM MY have Par& i th bonaLaq, WOMW TWO 10 juat my thinking n SH 1 Muk that when you CaU provide AMS2 things and thon yon devolop It, it enhances that PaKi- War dovelopmant� j"st for tho 0010nation ot W POOP> %?o twnighQ it's my and correct WOO if JIM wrong - too park site w o A d ba Oevolopod by the Davc!Qar as Q all 9WOU ar=6 walksp play apparatrav otleters - thin 4$JVCIM!d all be, dcno by the Developero himself,," Once AN was POW In too particular park apeap of corraco the main-, tenanso would wovavt back to the City which 1 think is only fair. 3X40 MY MMU090K am 1 oarrout In that Antememb? .,,,,ear Wt and Parke Commission, In UOY XV, be Inferved bach to theal AW MUM 0hady and the possibility of another lot in the davalopmenj; that WOUld cAt their Purpose an VS12 bg d1ganso,?d and PY000=0 back to tha Uounall f a vote,, 11rootman : May I Unders tendon qnostlan, ploase? La Croix: So, Wq Mr. mayawj'' Antll wo got a SOCOMN sar.t3 Oh, 1 thougKt you had one,, R00Q; Wall$ 011 oacond, 110 YDU want to make a MWOU, Mr. La CWK, Z MDVM that ths MOW Of the 20% w000mmandod by an the .,,,,ear Wt and Parke Commission, In UOY XV, be Inferved bach to theal AW MUM 0hady and the possibility of another lot in the davalopmenj; that WOUld cAt their Purpose an VS12 bg d1ganso,?d and PY000=0 back to tha Uounall f a vote,, 11rootman : May I Was a qnostlan, ploase? TOM Antll wo got a SOCOMN sar.t3 Oh, 1 thougKt you had one,, R00Q; Wall$ 011 oacond, Mr. Majoro but I have a quoeticn,, Frearaarl: Moo Ganningham, Hving adopted the FinaX mapr aye we ia order discussing shanSes �,tarhs - on v parko at ajj� There"s na park 41 on the mn,: - 50� '10,00 0orlainAl a gr2nt ana a3captamoa on the pavvel in thore to ths City would not bQ uontrawy --- The SANKsion Map is F. merely a dIANOM of 3ano - not the building of bonses an plaum. Frosman: Well, what 1 was going to suggest, then, ndded to that recommendation that it go book nat take any maTe aran than was perwithad in tho float bouauaa if AN adequate --- it looks 111ke a WAY good-size 10A UN KS Of couvaes that would pyonida quIts n problem for the Developer, 1 would 'c ¢..... ass not that many add lots in othav Wordav A would have to taks w, ht =16 Uave to Whe two - Woods no doubi WWI; that because this lot in 130 ano, juvo fazt, on Soo Vida, 4020 W0113 1 think tKYS P100Y Wush 00vaned In W Croix's motion that sho Recoosson comwssf_On tEke look at it and talk to the Derainnop nhn"t i. t to Rnp 1? AhAW oqn onmn n-A with a Whothar it be the samo or E diffarent oneo Am I Q&Q that this Waa coveved in the motion? Le Croix; KQ4 War: Councilman Rosev you have a qnosticns Roza* "elb m9 rely %hat I was going to ask Mee,,� Dayta or Mr. HawlsY if WON Plans wara flcxible =Qgh that it night even be opon for discussion with thq Wyeation commiesion" Shich A vhat I vvuld WO natuTally WOW tho like to aza. prafey 10t ccutainly Wo WOUIS ba willing to nVoUnks Wny dizcuvoion it be it is if that is the plausupa of the Council, WO natuTally WOW tho prafey 10t which was SoleaNed in that it be it is would - an ZAYR W and It Would"yak moot convenient for us but if the Coumail desfrou no to racon- older he matter with L on COMMISSIOM, we will certainly do it. ES11: WSW WhOm 1 f0st SUWCN---t;ed I stated that they QQ; acme up with the same MUSUOV0 Davis: They might - but YaW eartainly go A it again with thon. Necall: Mr, Moro On the quostiorp to the City Attorneyo 1 woulet ,- I— like to direct this qua ti= we of tha bavk, that va got the 02ma lot and that we accept this as a gyant from the owner and Developayo then after tonto all of the 1jabillyies anr�i all the supervision for Vis park will have to bo givon by Us City of Alamoda? O/A: Yes, aiv� W McCall: If we must assume this thing, AW my thought that we Say WO a tot-lot- Does this moan that Volre going to have a Director down there for tho tot-lot - becauso this is Isolated <- and my ques- tion to th e Recreation Commission is how oan you have a lot that the City has tho full responalbility for It you dontt have someone there for supervision? I think the cost is OX003sive to thb taxpayers of thia community to ask for something like this. FraswanT Maybe thoy would be happy with just e groan area whzye In mothars could take their children - and not have a jpark� some other locationp where it looks pratty dammed up with some of those homeaq maybe they could take two of tho very narrow lots and just have ay) OPUM gr= MONO NO= Pm sUre that Whom the Recreation Commission hears of our discussion this evening that projected costz and all would be included in thaY report back to us. Wello I'm not trying to belabor the pointo but I Jult think Wat the Devoloper haz been varyt vexy gracious In even considering giving this and it would be just like us it here and asking him to give us two beach to - and because, possibly, he wanted to got the Subdivision through, ha says, "T ako two besoh lots", I mean, thiB is thO WAAS I got right now. It's the only reason that off or was givan. It wasnit given beaausa 1two necessary to have a lot therob If this ware truep then tha Developer Would do just like thoy do In any other development, they would have an area which Is a play area for tha hme Ownerst association - devaloped and manned by tha assawia- tiOn Just UN You Would in these large apartments. This is the responsibility of the home ownarsw assoolatlon, Freeman: That's what thay're doing now In subdivisions, I kn McCall: Right. I do think tho Developer should be asked a and to convey MW reference to I certainly would likqhhe Commission and undoubtedly they ill gets it - that I do not think this Is appropriate for us to-assume this full obligat ion, AnpFing tbo background on axpenser cost of the upkaop and manning and all of the oth,erohings that go with a totniot. - 52 - I 1 0 V - May= Woll, it waz my understanding that An reason the Developer didnK do more than he already has done is that He recreation Neas of thm lagoon and the beaoh they felt uould suffice, While In a con- dominium or an apartment house where they are putting pools and (?) araasa it is not necessavy In this area with all of the recreation ANISKS which are already there. Davis: in additione 1?d like to say one more thing, Mr. Mayor. of 9, Block 1, we are providing av an area for tho Ame ownersv asso- Wation. That lot A a racreation area for tba home owners' associn � �� ][�� The Clerk stated there was on file the Affidavit of Service of the Notice to Mrs. Charles Fryman, lUl Garden Road, with regard to the improvement of this property. Upon request, City Attorney Cunningham stated this continued Hearing was with respect to the private improvement of Garden Road. There had been a protest lodged at the last meeting and he had been informed there were no other protestaota. He recommended that, at the conclusion of the Hearing, and at the proper time on the agenda, the Council- act on the resolution overruling the protests heretofore lod8ed. He stated the issue was for the Council to hear and pass upon, in connection with the private improvement of Garden Road, the objections or protests, if any, which had been raised by any affected property owner to the improvement ordered to be done in front of such owner's property, as set forth in the City Engineer's notice. Upon cell for the proponents in this matter, Mr, Richard P. Schacht, Attorney, spoke on behalf of his clients, the group who desired to have Garden Road improved under private contract. Mr. Schacht referred to Mrs. Gerald Stanger, owner of property at 57 Garden Road, who had registered her protest at the Bearing no this question at the last meeting. She had stated she would be willing to deposit her prorate share of the cost of said improvements in a City account. Mr. Schacht pointed out that her funds had not yet been deposited. 8e suggested that, if the Mayor would be good enough, he write � a letter to i'-Ira. Stanger informing her of the Council action in this matter and asking her to deposit her money in the ''City Street Engineering Deposit Fund". This would be entirely satisfactory to all concerned. He explained the progress which had been made in this project and urged the Council to adopt the necessary resolution as the next step in effecting the Garden Road improvements, The call was made for any opponents to the question and there was no response. The President then declared the Hearin- closed. There beina no objections, the order of business was revised and the meeting referred to "RE.'solutions". . � 10. The followino resolution was introduced by Councilman La Croix, who moved its adoption: . "Resolution 0o. 6558 Resolution Overruling Protests and Objections to Work Ordered in the Improvement of Garden Road." 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. The meeting ,then continued under the regular order of business. REPORTS OF OFFICERS, BOARDS,-ETCETERA: ` "/ ll� Frum the City Manager, recommending contract be awarded to Jordin & Jardin, low bidder, for the . project of Installing a Storm Sewer in Puru Street between Dayton Avenue and the Lagoon, at the total cost of $11,632.65. . Councilman Rose moved the recommendation be accepted; that the contract be awarded to the designated firm for the specified project at the price quoted. The motion was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Fine. Noes: None. Absent: None. INTRODUCTION OF ORDINANCES: 12. Couocilman,8oae introduced the following ordinance, after which it was laid over under provision of law and the Charter; "Ordinance Nn. . New Series - An Ordinance Amending the Alameda Municipal Code by Adding Subsection (lO) to Section I4-213 Thereof, Relating to Fire Zone 0o. 2 (0ichaodroe - Pacific Marina)." 12. 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 Authorizing Amendment to the Contract Between City Council ' of City of Alameda and the Board of Administration of the California State Employees' Retirement System, Relating to Participation by City in `. Said System." UNFINISHED BUSINESS: ' '/ . +_- l�. The President recalled the recent meeting before the Alameda County Board of Supervisors at w6ich time the question of the proposed moratorium on any fill projects of San Francisco Bay had been discussed. After said meeting, Mr. Herbert CroIl, Public Works Director of Alameda County, had contacted the City and explained that it was the thinking of his department that should the Governor place this question on the Call of the Special Session, he, Mr. Crnll, should be informed immediately of the plans of each city bordering San Francisco Bay about its fill areas. 8e had talked with the City Manager, | 166 the City Engineer and the Mayor concerning this matter. The President stated there was to be a meet- ing this next Thursday, February 6, of the Associated Day Area Governments to determine the thinking of the cities and counties embraced in this organization. He pointed out that the City Engineer had prepared maps indicating the line around the City of Alameda within which area fill projects would be acceptable. The President stated this "line" was substantially the same as was drawn in 1870. He felt the Council should make known its position in this matter to Mr. Croll in order that he could submit his report to ,'ABAG'`, and the Council representatives could also render o report at said meeting. . Councilman Freeman expressed her doubt of the accuracy of the map and the "line" as shown because it did not show the areas of '`City" property and those which might be in private ownershiP. She con- tended it did not conform to the maps put out when the lands were sold - "Salt Marsh Nup'0n. 2" and ,Sale Map 0o. 10". She requested the City Engineer to bring to the Council Chamber at this time the copies of the two maps she referred to. Pending the return of Mr. Hanna, further discussion of this subject was held in abeyance. ./ ' l5� The matter was then submitted with regard to the proposed development by Bernhard & Associates of the certain property lying south of Central Avenue between Third and Fifth Streets. Also, to he considered in conjunction with this subject were the two Applications for Permits to Fill. Property referred hereto earlier in the meeting. The President reviewed the background of this development, pointing out that former Mayor Colllacbonn had appointed two members of the City Council to act as a committee to meet with the developers and the City Staff in working out the several aspects of this project. Be felt a great deal of progress had been made to date, although there were still many phases to resolve. Be then invited the Developers to present their proposal. Mr. Bruce Bernhard of Sausalito explained that the mutter before the Council was the question of a Fill and License Agreement on City property lying immediately adjacent to his property on the eouth. Be pointed out the plans and maps had been approved in principle by the Planning Board and copies thereof had been furnished the Councilmen for their information. Mr. Bernhard asked for the Council's full consideration of o Franchise License and Fill and Dredge Agreement on the City-owned land. Councilman Freeman questioned Mr. 8erobard'a ownership of some of these lands according to his descriptions. She claimed the State was half owner of some areas and the City owned other portions. Councilman Freeman stated she would like to have an economic feasibility report on this project. A great deal of discussion was had concerning several ramifications of the matter. The President stated this was a two-fold project - one interdependent on the other - the fill and development of Mr. Beru6ard'a land and an off-shore, marina-type island on tidelands owned by the City. He stated the application to fill the private property had been thoroughly studied. The development of the City land which would be leased to Bernhard & Associates had also been studied at length but there were still details of the lease agreement to work out. Upon request, Councilman McCall, as a Committee member, described the site involved and expressed his approval of the contemplated plane. It was emphasized that the application for action by the Council at this meeting was for the Fill Permit covering Section "A", the private property. Councilman Freeman requested that the City Attorney write to the State Lands Commission for certain information concerning ownership of these lands. After some further discussion, Councilman Freeman also suggested the plans be submitted to the State Lands Commission for approval. She still con- tended the lands were State owned and, therefore, the "Commission" had jurisdiction. 8z, Hanna, having returned with the requested maps, was asked for his comment on this point. He said that, to the beet of his knowledge, the City of Alameda owned the tidelands in question - and not the State. Mr. Bernhard explained that his firm had received assurance from the State Division of Beaches and Parks that its map properly indicated the division between City, State and private lands. More discussion was had on many details. Councilman Le Croix then moved that the right to fill "Sec tion A" be granted to Bernhard & Associates and included in the motion would be the information from the State Laude Commio�,ion as requested by Councilman Freeman. The motion was seconded by Council- man McCall. Speaking on the question, there was considerable discussion and explanation in the attempt to clarify the situation and determine upon the proper verbiage of the motion. It was suggested that the motion be emended to include direction to the City Staff to continue working with the Developer on Section D, subject to the requested transmittal of o letter and the submission of maps to the State Lands Councilman La Croix stated his intent was simply that a Permit be granted to Bernhard & Associates to fill their property indicated as "Section A" and be so moved. The motion was seconded by Council- man McCall and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: The President said he would like to have an indication from the Council about phut it desired the Staff to 6o in continuing to work with the Developers on Section D so that a recommendation could be submitted from the Stuff as aonu as possible - subject to all of the questions raised by Councilman Councilman Rose moved that the City Staff continue its studies with the Developers on this area and submit its recommendation. Councilman Freeman seconded the motion. Opmo request, Mr. Weller explained the points involved. (l) To explore the questions raised by Councilman Freeman with respect to Fill Area D; (2) To attempt to work out with the Developers a lease agreement nit b respect to the City-owned tidelands area; (3) Some kind of Fill Agreement with respect to any fill material owned by the City that might have to' be used in conjunction with the fill and (4) The Staff be authorized and directed to work toward this result, � | The question was then put and the motion carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. �� l6. Couocilmau Freeman referred to several resolutions listed on the agenda concerning the develop- ment of Unit IV, South Shore, by Shore Line Properties, Inc. She read prepared statements in opposi- tion to the actions proposed by the Council, contending the matters involved pere under State and Federal jurisdiction and were not "municipal affairs". ' 17^ v/ At this time, the Council referred bock to the question of the request for the City to make | known its position with regard to the "line" around the City to which any fill operations would be limited. Mr. Hanna had procured the maps requested by Mrs. Freeman, and a lengthy discussion ensued. Mr. Weller explained that this line was not intended for the filling of San Francisco Boy. It contem- plated the possibility that some kind of moratorium on "Bay" fill projects might be imposed, either legislatively or on a voluntary basis, for a period of from two to five years. This would be imposed until a Master Plan had been developed by the Associated Bay Area Governments or some other agency, to which all other governmental agencies could subscribe. The adoption of this "line" certainly would not automatically authorize any till within said line - it would simply restrict the City from authorizing any fill outside this line. It would leave entirely free the decision on the part of the Council as to whether any application within this line might be authorized. This outlined, then, over m period from two to five years the limits within which the City Council could function. Out- side the line, there would be absolute agreement that no authorization would be granted for fill pro- jects. 'This would be a short-term line within which the City of Alameda would retain its absolute jurisdiction for the period of the moratorium` if such should be established. It had been developed that the line, as drawn by the City Engineer and which was substantially the same as had existed since 1870, was m very conservative and reasonable limitation on the pert of the City. Councilman Rose moved that the Mayor be authorized to submit the map indicating this line as the pro- 0 for fill limitation of the City of Alameda to the Associated Bay Area Governments at its meet- ing to be held February 6, 1964, in the ' event there should he u fill-moratorium declared. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Four. Noes: Councilman Freeman, (}). Absent: None. NE14 BUSINESS: 18~ u/ Councilman Freeman asked that, in the future, when Final Nupe were to be submitted for approval, the developer or parties concerned transmit a letter to the City Council making such request. Mr. Cunningham explained the procedure provided in the Subdivision Ordinance with respect to Council - action in this type of matter. The filing of the Final. Map and the certification of the City Engineer automatically brought it before the Council for its adoption of the resolution. However, it was a�reed that, while it was not required, such a letter would 'be requested and presented on these matters in the future. , v^ l9. Councilman Freeman then continued her arguments against the resolutions listed on the agenda with regard to the development of Unit IV, South Shore Tract 0o. 2537, by Shore Line Properties, Inc. She questioned the accuracy of the Final Map, the title of ownership, and the procedure followed by the City Engineer. Mr. 8000a stated that, in his opinion, the map was entirely correct technically, it met the ordi- nances' requirements, and the procedure had been effected in proper' Iegul manner. v/ 20. CnunciImao McCall said he understood that certain monies had been deleted from the budget of the ` State .Divi si.00 of Beaches and Parka which would further delay development of the Alameda Memorial State Beach. He deplored the fact that this area had been purchased by the State and was now of no L_- benefit to the City for recreational purposes because of the lack of sanitary facilities. Councilman ,,,IcCall suggested the City request the State for the minimum amount of funds to at.]eaot fence this area to obviate the police and liability problems. He felt a City delegation should go to Sacramento to discuss the situation with Assemblyman Crown, Chairman of the Ways and Means Committee. He also aug�ea�ed the City invite ��e Commisaioo of the State Division of Beaches and Parks to visit Alameda to inspect this installation. Mr. Weller explained the circumstances and his contacts on the matter and he was directed to continue to follow up with Assemblyman Crown concerning the situation. When all information was available, i_/ the Council, could then determine upon its course of action. 21. The following resolution was introduced by Councilman Freeman, who moved its adoption. | � �� uu "Resolution 0o. 6559 Cancelling City Taxes on Property Acquired by the City of Alameda for Municipal Purposes (Otis-Willow)." The motion to adopt said resolution was seconded by Councilman La Croix and no roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. —1 22. The following resolution was introduced by Councilman Freeman, who moved its adoption: . i | "Resolution 0o. 6560 Requesting Cancellation of County Taxes on Property Acquired by the City of Alameda for Municipal Purposes (Otis and Willow, South Shore)." The motion to adopt said resolution was seconded by Councilman La Croix and on roll calI carried by the following vote. Ayes: Fine. Noes: None. Absent: None, 23. The following resolution was introduced by Councilman Freeman, who moved its adoption: ( "Resolution 0o. 6561 Resolution of the Council of the City of Alameda in Commendation of Walter A. Sbarafaoonioh, Librarian." The motion to adopt said resolution was seconded by Councilman McCall and no roll call oarried.by the following vote. Ayes: Five. Noes:, None. Absent: None. 24. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution 0o. 6562 Resolution Consenting to Assignment by Utah Construction & Mining Co, to Shore Line Properties, Inc., of Certain Obligation Relating to Fill Area 'C' as Set Forth in Agreement Authorized by Ordinance No. 1148, New Series, as Amended." The motion to adopt said resolution was seconded by Councilman McCall and on roll call. carried by the following vote. Ayes: Four. Noes: Councilman Freeman, (1). Absent: None. 25. The following resolution was introduced by Councilman McCall, who moved its adoption: | "Resolution 0o. 6563 � Resolution Exercising Option Provided for in Modification Agreement Authorized by Ordinance 0o. 1445, New Series." The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Four. Noes: Council-man Freeman, (l). Absent: None. 26. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6564 Approving Final Map of Subdivision Known as Unit IV, South Shore/ Tract No. 2537, Submitted by Shore Line Properties, Inc., and Approving ~ Faithful Performance Bond as to Sufficiency." The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Four. Noes: Councilman Freeman, (1). Absent: None. 27. The followinc, resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6565 Authorizing Execution of Agreement for Construction and Completion of Improvements in Subdivision Designated Unit IV, South Shore, Tract No. 2537.1` | i The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by the '--� following vote. Ayes: Four. Noes: Councilman Freeman, (1). Absent: None. The President declared all of the foregoing resolutions adopted. 2O/ "Resolution No. Resolution of Intention to Accept Proposed Grant of Lot for Use as Children's Recreational Facility in Subdivision Unit IV, South Shore." | Councilman McCall questioned the inclusion of the lot in the subdivision for development as a "tot- lot", insofar as City acceptance of it was concerned. 8e pointed out there had been a protest from Commander J. B. Steveley against such a recreational facility on the property adjacent to him. Commander 3teveIey, 034 Court Street, expressed his objections to having a park of any kind next door to him, principally because of its proximity to Krusi Park. Ba felt that if a park at all were needed in this area, it should be closer to Broadway to serve other people more conveniently by spreading out the facilities. Councilman La Croix referred to the memorandum dated February ], 1964, from Mr. Mainland, Director of Recreation and Parks, in which the reasons were given why the Recreation and Parks Commission felt this particular lot was the best for such development.. . It was brought out that some of the Councilmen were not in favor of having a "tot-lot" in this sub- division, regardless of location. 8r. Cunningham pointed out that one of the reasons the Developer had offered a parcel in this tract to the City was to make the City of Alameda an owner nidzio the subdivision in order that it might better be in o position to enforce the Declaration of Covenants, Conditioos'and Restrictions. Councilman La Croix spoke strongly in favor of the City's providing parks of some kind whenever pos- sible. 8e stressed the fact that the initial development and playground apparatus would be taken care of by the Developer and then the park would be turned over to the City for maintenance. He L6eo moved the matter of the lot" as recommended by the Recreation and Parks Commission, be referred back to it for further study as to the possibility of selecting another lot in the development which would suit such purpose as well - that it be discussed with the Developer and again presented to the Council for its reconsideration. The motion was seconded by Councilman Rose. Further discussion was had with regard to the maintenance costs to be entailed. -the question was put and the motion carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. The Clerk was instructed to transmit this matter to the Recreation and Parks Commission with the request, also, that it inform Commander Stcveley when its meeting would be held. Further, that the Commission submit a complete breakdown of the maintenance expense which would be involved. ORDINANCES FOR PASSAGE: 29. "Ordinance 0o, 1451, New Series An Ordinance Amending the Official Zoning Map of the City of Alameda by Deleting the `Yf5' Combining District Designation from the One-Family Zone Classification Attached to Certain Property Within the City of Alameda. (Unit IV, South Shore)." . Councilman McCall moved the ordinance he adopted as submitted. The motion was seconded by Councilman Rose and on roll call- carried by the following vote. Ayes: Five. Noes: None. Absent; None. L_- 20; . "Ordinance 0o. 1452, . New Series An Ordinance Amending the Alameda Municipal Code by Adding Subdivision (128) to Section 17-432 Thereof, Relating to Stop Intersections (South- west Corner Otis Drive-Grand Street)." Councilman La Croix moved the ordinance he adopted as submitted. The motion was seconded by Council- man Freeman and on roll call carried by the following vote. Ayes: Five~ Noes: None. Absent: None. 31. Final Map - Subdivision Designated Tract No. 2537, Unit IV, South Shore. 32. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total, amount of $19,573.89, 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 Lint of Claims filed with the City Clerk on February 4, 1964, and presented to the Council at this meeting, be allowed and paid. The motion was � seconded by Councilman Lo Croix and on ro\l call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 33. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, February 18, 1964, at 7:30 o'clock. Respectfully submitted, erk 1�� | � ��