1958-02-25 Regular CC MinutesADJOURNED REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY EVENING, FEBRUARY 25, 1958
The meeting convened at 7:30 o'clock p.m. with President McCall presiding. The
Pledge of Allegiance was lead by Councilman Freeman.
ROLL CALL:
The roll was called and Councilmen Collischonn, Freeman, Petersen, Schacht and
President McCall, (5), were noted present. Absent: None.
WRITTEN COMMUNICATIONS:
1. From South Shore Land Co., signed by Mr. Charles T. Travers, Vice President,
submitting information in answer to certain questions raised by members of the Coun-
cil in connection with the Tentative Map of Tract No. 1898 - South Shore Project,
Unit No. 2.
The communication was referred to "Unfinished Business ", to be discussed with the
matter of the Tentative Map.
2Y Upon request, of President McCall, the Clerk also read a memorandum dated Febru-
ary 24, 1958, which he had received from Supervisor Leland W. Sweeney, Chairman of
the Board of Supervisors of Alameda County. Notification was given that plans and
specifications are ready for the installation of a. Fluorescent Lighting System in a
portion of Posey Tube at an estimated cost of 9$48,500. This will be followed by the
project of steam cleaning the Tube and painting the walls and ceiling areas near the
portals which is scheduled to be completed while the electrical fixtures are being
fabricated.
President McCall thanked Supervisor Sweeney for this information. He said he under-
stands Supervisor Sweeney has now returned to his office for two hours each day and
expects to be back on full -time duty very soon. He expressed appreciation for the
fine job he has done with regard to improving the Tube.
ORAL COMMUNICATIONS:
3: Mr. Frank Gottstein, 731 Haight Avenue, said he felt the people of Alameda
should have a voice in some of the matters which come up for decision. He referred
to Councilman Freeman's suggestion that the question of flush crosswalks should be
put on the ballot and thus be settled once and for all, and concurred that such
issues should be put to a vote of the people.
UNFINISHED BUSINESS:
4. The matter was presented concerning the Planning Board's recommendation that
the Amended Tentative Map of.Tract No. 1898 be approved, subject to certain conditions
as set forth.
Councilman Freeman referred to Items Nos. 7 and 10 of the letter from South Shore
Land Co. concerning the cul -de -sac treatment of West Line Drive and the question of
payment for the cost of constructing a twelve -foot walkway connecting the South Shore
Project with the City at the northern terminus of West Line Drive - said walkway to
pass over City property.
Upon request, Mr. Schoenfeld stated the recommendation of the Planning Board was that
there be a cul -de -sac as shown on the Map and a public walkway be established.
Discussion developed the fact the Councilmen felt the City should not pay any of the
cost for a walkway.
It was brought out the walkway would be approximately one hundred twenty feet long
and would be reasonably level from the Subdivision to Portola Avenue and then steps
would be installed.
In response to Councilman Freeman's request, President McCall asked Mr. Travers to
speak on the matter. Reference was made to Mr. Weller's memorandum, dated February 21,
1958, which had been sent to the Councilmen with copies of Mr. Travers' letter, com-
menting on the several points in question. Discussion centered on Item 10 - this "is
a matter for further consideration, but should not affect a decision on the Map so
far as location is concerned." Mr. Weller stated there was no recommendation from
the Staff on this item because it seemed to him it was a question of policy inasmuch
as it will involve an agreement on the.part of the Council as to who should pay for
it.
Mr. Travers said the only question before the Council tonight is shall it approve
the Amended Tentative Map the way it is recommended by the Planning Board and the
way the various Staff Departments of the City approve it and thew ay it is now sub-
mitted to the Council for approval. The only remaining thing to 'be done is to act
on the recommendation of South Shore Land Co. that a committee or some procedure be
established or set up to discuss who will ultimately pay for the cost of installing
a walkway as shown on the Map. He felt this is not the place to negotiate that matter-
and reiterated, the question before the Council is whether or not to approve the
Map on the basis in which it is outlined - and that is the manner in which it was
agreed with the several City Departments to present it.
Mr. Weller pointed out that when he stated it is a matter for further consideration,
it does not forestall the Council from, taking it up and straightening it out right
now, if it chooses to do so. He thought what the Council, perhaps, has in mind is
to take care of all the items included in the letter - there being twelve in number.
During further discussion it was brought out by Councilman Freeman that, actually,
the subdivider is committed to construct a road, which would be more costly, and
just because the Council agrees that a walkway will do, it does not mean the City
is obligated to pay for it. She pointed up that the cost of the road would be borne
by South Shore Land Co. and the Council is now giving it a chance to install a walk-
way, which is more desirable to it and to the City, at less expense.
In response to President McCall's question as to this road or walkway being built
on City property, without the City's permission, Mr. Annibale replied the Subdivider
would have to have the City's permission, of course, and he assumed that once the
Council approved this plan, permission would be granted. Once this Tentative Map
is accepted, with the cul -de -sac treatment, then the City is bound to that particu-
lar treatment, and he would not like to "leave the door open" on the question of
who is going to pay for it. He said the matter should be settled now, before
approval of the Tentative Map.
Councilman Freeman inquired if this is not a part of the fifty -foot road around the
perimeter of the Subdivision.. Mr. Annibale stated the Subdivider would be required
to perhaps have a different and a more expensive treatment by virtue of the Subdi-
vision Ordinance which requires the Subdivider to align with City streets - also,
by virtue of the Fill Agreement which requires the perimeter road. This is a varia-
tion therefrom.
President McCall suggested to Mr. Travers the matter be discussed and worked out at
this time. Mr. Travers concurred, asking that the City Manager, City Attorney and
City Engineer meet with the representatives of South Shore Land Co. for a few
minutes now.
President McCall thereupon declared a ten - minute recess. Upon reconvening, Mr.
Weller was called upon for a report. He stated the situation was outlined, there
was a slight divergence of opinion to begin with, but Mr. Travers now feels that his
Company should pay the cost of this improvement.
Councilman Freeman said she wanted to make the following statement: "In accepting
the Tentative Map for the Development of the South Shore, I believe we, the Council,
are assuming the South Shore Land Co. has been delegated by Reclamation District No.
2087 to meet any legal obligation of the Reclamation District as set forth by the
State of California under the Water Code."
Councilman Petersen questioned the inclusion of Item No. 11 in the letter - concern-
ing the commencement of the three -year period during which time the Subdivider has
to maintain the beaches - since this matter is incorporated in the Agreement. Mr.
Annibale answered that there was some question brought up as to when the starting
time would be. He said it has been the City's position that the starting time for
the three -year period would not commence until the City has accepted the beaches.
The item in the letter clarifies the Agreement to that extent - in other words, the
three -year guarantee period will not commence until such time as the City Engineer
determines the beaches have been constructed according to the design as set out by
the Council or the Fill Agreement.
Councilman Petersen inquired if this Amended Tentative Map, exclusive of the excep-
tions noted, comply with Subdivision Ordinance No. 1208, New Series - to which Mr.
Annibale replied, "As far as I am concerned, it does." He further stated it com-
plies with Ordinance No. 1208, New Series, considering the exceptions requested and
the conditions placedthereon, and if the Council grants the exceptions requested.
Councilman Freeman thereupon made a motion that the Tentative Map of Tract No. 1898,
Unit No. 2, South Shore, be approved subject to the following conditions and
modificat ions:
(1) Those conditions and qualifications contained in that certain letter
from the City Planning Board, dated February 13, 1958, to the City Council,
relating to Tract No. 1898, and their approval thereof;
(2) The letter of the South Shore Land Co. to the City Council, dated
February 21, 1958, relating to Tract No. 1898, is ordered to be incorporated
into the Tentative Map by reference as if fully set out therein and shall
be binding on the Subdivider. The permission requested in paragraphs 1
and 2 are hereby granted subject to approval by the City Engineer. The
exceptions requested in paragraphs 3 and 7 are hereby granted;
(3) Approval of the design plan for construction of the beaches as shown
on the Tentative Map is hereby withheld for further study in accordance
with the last paragraph of the letter referred to in (2) above, it being
expressly understood that the City shall not be bound by the findings and
recommendations of any person, firm or corporation;
(4) The clarification set out in paragraph 11 of the letter referred to in
(2) above is hereby accepted with the added proviso that the City Engineer
shall have the power to determine the date of acceptance in a reasonable
manner;
Mr. Annibale stated that, pursuant to the discussion had with regard to the walkway,
a fifth paragraph should be added to the motion - with which Councilman Freeman agreed.
(5) Subdivider agrees to pay all expenses of the installation in connection
with the walkway discussed in Items Nos. 7 and 10 of the letter referred to
in (2) above. Permission is hereby granted to construct said walkway on
City property as shown on said Tentative Map;
Councilman Collischonn seconded the motion.
At this point, Mr. Hanna asked if it would be possible to include in the motion per-
mission for the installation of a sanitary sewer leading from the intersection of
Otis and West Line Drives, and running thence westerly into Washington Park about
255 feet; thence northerly along Eighth Street, extended. The reason for this is
the Company has its plans about ready and it will be needing City permission to
install this sewer in the very near future.
Following some discussion, and with the consent of Councilmen Freeman and Collischonn,
the motion was amended to include the following paragraph.
(6) Permission is further granted for the construction of a sewer line on
City property, extending westerly from the intersection of West Line and Otis
Drives 255 feet, thence northerly along the Eighth Street extension to
Portola Avenue.
Speaking on the question, Councilman Petersen referred to paragraph 3 of the motion
and stated he believes that, in accordance with the Fill Agreement as authorized by
Ordinance No. 1148, New Series, and until such time as a change may be effected,
if there should be one, the slope of the beaches will be 20 -to -1, in line with the
Fill Agreement of 1955. He asked if his understanding is correct, to which Mr. •
Annibale replied, "At the present time the slope of those beaches is 20 -to -1 until
such time as the Council determines otherwise."
The question was then put and the motion, as amended, carried by the following vote.
Ayes: Five. Noes: None. Absent: None.
ADJOURNMENT:
5. There being no further business to come before the meeting, the Council
adjoKrned - to assemble in regular session on Tuesday evening, March 4, 1958, at
7 :30 o'clock.
Respectfully submitted,