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1956-09-25 Regular CC MInutesADJOURNED REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD•TUESDAY EVENING, SEPTEMBER 25, - - - - - - 1956 The meeting convened at 7:30 o'clock P.M., with President Kranelly presiding. The Pledge of Allegiance was lead by Councilman Moresi. ROLL CALL: The roll was called and Councilmen Haag, Hove, McCall, Moresi and President Kranelly, (5), were noted present. Absent: None. WRITTEN COMMUNICATIONS: V 1. From Alameda Chamber of Commerce, suggesting that the Council consider install- ing in the three Parking Lots now being developed meters capable of accepting five cent tokens. President Kranelly indicated a meeting would be held Thursday evening, September 27, 1956, at which time this matter would be discussed by local merchants, the Webster Street Business and Park Street District Associations, and the Chamber of Commerce. The letter was referred to the file on the subject pending the outcome of the meeting. 2. From Mr. C. C. Howard, 1265 Weber Street, pertaining to the South Shore develop- ment and the lagoon system. Mr. Howard was present and, upon invitation to speak, raised several questions as to elevation and drainage in the vicinity of his property. These matters were dis- cussed with him by the City Engineer. The letter was then referred to the file on the subject. From Alameda Historical Society, signed by Joseph F. Durein, President, sub- mitting to the Council specifications considered necessary for a functional building to house the Society and to be used as a civic museum. The specifications listed were: (1) display area of 3,500 square feet; (2) auditorium - with stage - with seating capacity of 200: (3) kitchen 10 feet by 10 feet; (4) work and storage room of Loo square feet; (5) two lavatories. This letter was referred to the Committee of the Whole, for consideration along with the previous letter from the Society on this subject, at such time as a suit- able location and funds are available to pursue the matter further. L. From the Board of Supervisors of Alameda County, signed by Kent D. Pursel, Chairman, extending to the Council and to City officials an invitation to attend the "Open House" at the Court House on October IL and 5, 1956, between the hours of 9:00 o'clock A.M. and 1C:00 o'clock P.M. The letter also stated on Thursday evening, October 4, a program called "Alameda County Government on Display" will be televised on Richfield Oil Company's Success Story, Channel 7, at 7:00 o'clock P.M. President Kranelly said he felt sure all Council members and City officials who could do so would be present at some time during the County "Open House", that last year's presentation had proved quite interesting. The letter was then ordered filed. From Fernhoff and Wolfe, Attorneys at Law, supplementing their letter dated September 11, 1956, requesting abandonment of Market Street southwest of Fillmore Street including the portion of Market Street southwest of Otis Drive. Fernhoff and Wolfe, according to their letter of September 2,5, feel it would be to the best interests of the public to omit the portion of Market Street between Calhoun and Clay Streets in order not to interfere with any access to Aeolian Yacht Club. The request for abandonment, therefore, was corrected to concern Market Street between Fillmore and Calhoun Streets and that portion of Market Street lying southwest of Otis Drive. The communication was referred to the City Manager for investigation and report, as in the case of the previous letter. ORAL COMMUNICATIONS: Mr. Claire Briggs rose and referred to the proposed lagoon system and a stete - ment he had heard that the waterways will accommodate 21-foot boats. He questioned this being possible at the width of approximately 60 feet in actual water area, which he understood there would be. 'I`Jt) President Kranelly stated it was his understanding, on the basis of 125 and 95 foot waterways between the land fingers, actual water areas would be reduced to approxi- mately 106 and 80 feet, respectively, with a corresponding difference in the water- way along the South Shore sea wall. Councilman Haag quoted from the report of Mr. Charles A. Chaney, - "The irregular- shaped, numerous corners and small projecting piers, shallow depths, and the limita- tions in size of the lagoons and baylets make it impractical to maneuver a sailboat of any appreciable size." REPORTS OF COMMITTEES: 7. From the City Manager, reporting that filling of lands by George T. Hansen in the general vicinity of the easterly ends of Central and Encinal Avenues has now been completed in accordance with permit granted Mr. Hansen, and to the satisfaction of the City Engineer. The letter recommends acceptance of the work and that the bond be released in accordance with provisions of the Municipal Code. This requires the City Engineer to certify the completion date and the bond to remain in full force and effect for one year beyond that date. Councilman Hove moved that the recommendation of the City Manager be adopted; that the work connected with the stated fill operation be accepted as satisfactorily completed and that the bond be released in the customary manner. The motion was seconded by Councilman Moresi and unanimously carried. 1 8. From the Bureau of Electricity, Department of Public Utilities, recommending the request of the Division of Highways be granted, concerning execution of a quit- claim deed in connection with an easement for a pole line paralleling the estuary from Webster Street to the vicinity of Todd Shipyards Corporation's property. Councilman Moresi moved that the recommendation of the Bureau of Electricity be accepted in this matter, and that a quitclaim deed be executed as requested. The motion was seconded by Councilman McCall and unanimously carried. 9. From the City Planning Board, submitting to the Council the proposed Subdivision Ordinance, indicating the approval of the Board and recommending adoption of the Ordinance. This communication was referred to the heading of "Introduction of Ordinances." 10. From the City Manager, recommending that contract be awarded. to R. A. Wondolleck Co. for furnishing False Arrest Insurance at $580.60 advance premium, including all taxes and fees. This is on Lloyd's of London coverage. Councilman McCall moved the recommendation of the City Manager be adopted; that said contract be awarded to R. A. Wondolleck Co. at the premium specified. The motion was seconded by Councilman Haag and on roll call carried by the following vote. Ayes: Five, Noes: None. Absent: None. On this subject, President Kranelly asked the City Manager the amount of premium aid on this insurance last year. Mr. Froerer replied the amount was approximately 723. This, President Kranelly said, demonstrates it is worthwhile to put this iisurance out to bid. INTRODUCTION OF ORDINANCES: 11. Councilman Hove introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code by Repealing Article 1, Chapter 3, Title XI, and Inserting in its Place and Stead the Following Article 1, Chapter of Title XI, Prescribing Rules and Regulations Governing the Planning and Subdividing of Land and the Filing and Approval of Subdivision Maps." President Kranelly asked Robert L. Williams, Planning Director, if he felt the revised Subdivision Ordinance was satisfactory in every respect. Mr. Williams replied the Ordinance is a good one, that he is quite satisfied with it and would recommend its passage. Councilman Haag asked if the Ordinance had been checked against neighboring and com- peting cities to make sure it is not so stringent as to work any handicaps on the City. Mr. Williams replied the search for such comparisons was not confined to the East Bay Area. He said he could not conceive of the Ordinance working any particu- lar hardship on a subdivider, that actually it is "custom-built" for this community. He felt the standards, while some provisions are lower than in other cities, are adequate for the community, and equitable. Councilman Moresi asked if the new regulations for lot sizes, fencing, landscaping, etcetera, had been shown to any of the reputable subdividers to get their reaction. Mr. Williams suggested the City Engineer, who had worked up some of the specifica- tions included, might comment on this subject. Mr. Hanna said, while to his know- ledge these regulations had not been discussed with local subdividers, the standards being recommended are quite comparable with those contained in the old Ordinance No. 700, New Series, and additions include what the Engineering Department considers necessary points to have the land put into a satisfactory improved state. Councilman Moresi said the Councilwants to be sure an undue hardship will not be imposed on the good subdivider, because good construction is definitely desired in the community. 12. Councilman Moresi introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code by Adding Subdivisions (71) (72) and (73) to Section 17-432 Thereof and by Repealing Subdivision (42) of Section 17-432 and Inserting in its Place Instead a New Subdivision (42), All Relating to Stop intersections." UNFINISHED BUSINESS: v/ 13. Again brought up for attention was the matter of a request from Alameda Aerie No, 1076, Fraternal Order of Eagles, to use facilities of Lincoln and Washington Parks for the purpose of conducting a City-wide Horseshoe Pitching Tournament, The Tournament is to commence October 15, and an entry fee of $12.00 is to be charged. The request had been laid over from the regular meeting held September 18, in order that a ruling might be received from the City Attorney on the legality of making a charge as an entry fee. President Kranelly stated the City Attorney had submitted a ruling that the reouest is in order, and it is within the scope of the Council to allow this activity. It was directed that the matter be referred to the Recreation Department, for handl- ing with the Eagles' Committee, of which Dr. Palmer A. Fallgren is Chairman. r- , Stephens, 1624 San Jose Mr. Several questions were raised from the audience at this point. Mrs. ment. Mr. minimum 100-foot distances between the sea wall and the finger tips. Mr. recommen mended by Utah, with some reservations. Concerning the size of boats to be accommodated by the waterways, Utah had never claimed large sailboats and power boats could be used, and he did not pur- pose for which Utah envisioned it, from the standpoint of beautification, ability expressed the hope an Mr. Charles T. Travers of Utah Construe believe a home owners' association in the area would be in letter of August 17, J956. ascer- tained the authority of Mr. and received and studied by the Council, lagoon minimums be kept at their present level in view of the sanitation problem. system will accommodate boats up to 21 fent. to develop it successfully, and the ability to The awaited report of C. his letter of in his report, ties in his findings with the report of Professor Gotaas, and states 14. President its plan. draw- ing of the proposed lagoon system, showing 125-foot and 95-foot waterways between the fingers of land the vast amounts the rec nvited to comment at this time, Mr. Travers reviewed the situation which led to Utah Construe Chaney is a loading authority on Chaney also, according to Mr. Travers, approved the lagoon system fo ommendation of the City dation of the American Municipal Association, Chaney goes further in saying, in his opinion, it is important that the August ts of water are adequate and will add to the beauty of the develop- Kranelly announced that, under ust 17 summarizing Construction Company letter dated August 17, 1956, requesting adoption of in the areas west and east of Grand Street, respectively, and and recommendation that the Council would act favorably on his Avenue, questioned the way A Chaney. Chaney and Associates, he went on to say, had been Planning Board regarding standards in the lagoon widths, cil, and had been found to approve lagoon Utah's position. President Kranelly replied the City had the this subject, and he has stated the lagoon Construction Company, upon request, displayed a draw- "Unfinished Business", the Council has sell the homesites. in which the Council had ascer- He went on to say Mr. the largest association in favor of such a situation. Mr. Travers said Mr. Travers Elizabeth for the pur- s as recom- Chaney, the representation of cities in the country, saying Mr. Chaney is recognized as the outstanding authority in this field. To Mrs. Stephens' question as to whether his experience is on lagoons or on marine waterways, the City Manager said, while he did not recall a specific mention of lagoons, the Association had been quite specific that Mr. Chaney was "the" authority on waterways and that type of development. Mrs. Stephens then stated a man who is an authority on waterways may not be an authority on subdivisions, and asked if any other authority had been consulted by the City. President Kranelly renlied that Professor Harold B. Gotaas, Consulting Civil and Sanitary Engineer, had been consulted, as the lagoon system must be work- able and must not present a problem from the standpoint of drainage and health factors. Mr. Travers was asked why the Skidmore, Owings & Merrill plan was abandoned. Mr. Travers replied the Skidmore plan was a Master Plan, and the plan displayed here tonight was the result thereof, with necessary changes and revisions. Mr. C. C. Howard pointed out that his daughter owns land extending 43-1/2 feet beyond the sea wall at the south end of Weber Street which, at 100-foot width of water there, leaves only 56-1/2 feet of water in the lagoon beyond her property. Mr. Howard also suggested that Portola Drive be continued on to St. Charles Street to alleviate the traffic situation in the area. President Kranelly asked the City Attorney for an opinion regarding the fact that along the south shore there are owners of land extending out beyond the sea wall. Mr. Annibale advised that there be a condition attached to the approval of any lagoon system requiring the Reclamation District to acquire easements over all pri vately owned tidelands abutting the existing south shore sea wall, and to transfer the same to the City for the proper maintenance of a storm drainage system. Mr. Howard was advised his problem would be a matter to take up with the Reclama- tion District, Yr. Alton S. Lee pointed out the Skidmore, Owings & Merrill plan had fewer fingers of land and, he felt, in that respect it was superior, adding he would like to go on record as siding with the Planning Board. The questicn was raised as to whether the thinking of the Planning Board had been affected by the Chaney report. The reply was that the Board's recommendation had been made while the report was in the process of being prepared and its members had not had access to the report. Asked if consideration of the matter is proper without further recommendation from the Board, President Kranelly stated this would be immaterial. A question by Mrs. Emil Mack, 1318 Eighth Street, brought the reply from the City Engineer that there will be a connection between the road skirting the edge of Utah's property and Burbank Street in the old City. These details will be included in Subdivision and Tentative Maps to be submitted. The City Attorney added Utah will be required to conform to the existing street design of the City. To a question by Miss Loma Petersen, 1213 St. Charles Street, the City Manager and City Attorney stated the matter of lands projecting southerly into the lagoon system would be the concern of property owners and the Reclamation District. The City will require that there be a free and perpetual easement of adequate width to provide adequate drainage of storm waters. If there is an encroachment of the owners' lands along the south shore which project into those passages it is incumbent upon the Reclamation District, either through negotiation or eminent domain, to acquire ease- ments over such land for storm drainage purposes. Mrs. Jack F. Johns, 890 Lafayette Street, stated her home projects out into the water area beyond the sea wall, and asked if that width would come off the lagoon. This matter received some consideration. Mr. Travers believed the area would not be less than the minimum standards. Mrs. Johns asked if everyone would have a 20-foot easement for a dock. Mr. Travers replied that matter had not been determined. It was added in this particular case the distance from the shoreline, as it now stands, to the finger tip is 200 feet. Councilman Moresi asked if there are areas where homes or structures extend out over the water, where the distances are less than 200 feet. Mr. Charles Hageman, Engineer for Utah, at Mr. Travers' request, replied there are seven buildings in the area between Park and Willow Streets which come within this category, and two or three between Willow and Union Streets. Mr. Hageman said arrangements have been made with the Dredging Company to remove all silt so that the water under structures along the shoreline will be as it was prior to commencement of the Utah operation. Councilman Moresi voiced the understanding, then, that there will always be at least 100 feet between the structure and the lagoon finger tip. Mr. Travers replied that was correct. Mr. Frank Gottstein asked again the plans for the circulation of water. After a review by the City Manager of Professor:Gotaas' recommendations on this subject, 4 President Kranelly reassured Mr. Gottsteiri the Council would see to it that adequate steps would be taken to insure sufficient flushing of water in the lagoons. The report of Professor Gotaas specifies how this should be done and the Citywill see to it that Utah complies with all recommendations in the Gotaas report. Mr. Bert Mansfield, 2020 Clinton Avenue, questioned the amount of privately-owned land in the water area from the finger tips to the north side of the channel, con- tending about 90% of that land is held by private owners. This received some thought. Mr. Travers said he believed people were fighting to keep their lands under water and wanted a lagoon system, and he could not understand why the point was being raised here. Dr. Paul Jones took exception to a statement by Utah that for three and ono-half years they have been interested in putting in a lagoon system because the City wants one. As a matter of fact, south shore property owners had signed statements consenting to the filling of their lands. While the lagoon plan, when it was introduced, was considered a good plan, it was understood that was the only feasible way to handle drainage between the old City and the new City. Dr. Jones asked also if the decided variation between the new plan and the original Skidmore, Owings & Merrill drawing was for economic reasons only. Mr. Travers disagreed with the statement that the lagoons were solely for drainage purposes, and said what he had said was that the people in the south shore area had wanted to retain water for three and one-half years. He went on to say Utah had, at the time they undertook this plan, stated they would consider all possible alternatives in their studies and, after much study, had felt it would be feasible to put a lagoon system in this development. President Kranelly said he believed Utah had indicated that, economically, the later plan is bettor for Utah than the first drawing by Skidmore, Owings & Merrill. To a question by Dr. Jones as to the way the Council felt about this, President Kranelly replied the Council has not expressed itself as yet - that is the purpose of the discussion at this meeting. He went on to say he believed it was a fair state- ment that the Council has made every effort to have the lagoon plan revised. It recommended a width of 200 feet in the waterways but the developer indicated that was not economically feasible. Utah is the developer and the thing the City must look at is what is the best development we can get from the developer. There is no way the City can compel the developer to do more than it wants to do. Mrs. Mack asked if Utah is going to be held responsible for drainage of the lagoons. President Kranelly stated the Gotaas report recommends the maintenance of the lagoons and the level or the water be the responsibility of the City. On request, the City Manager affirmed this fact. Also, this method of drainage would be less costly than to maintain the complete storm drainage system which would be necessary if the land were filled. Councilman Haag pointed out the maintenance of levees and that type of installation would be a matter for the Assessment District. Mrs. D. B. Mott, 1244 Hawthorne Street, questioned the apparent contradiction in the recommendations of the two experts as to the amount of water in the lagoons. Mr. Travers reassured her these were factors which would have to be worked out between Utah and City departments. He added they are satisfied that there is nothing in the reports with which Utah cannot comply, technically. The question was raised as to the level at which minimum distances are to be mea- sured. President Kranelly said it had been understood all distances are from top of the finger to top of the sea wall, or from top of the bank to top of the bank. This was confirmed with Mr. Travers, who repeated that the 100-foot minimum is simply a minimum. It was also understood with Mr. Travers that in no instance would the dis- tance be less than 100 feet between any presently projecting building and the tip of the finger on the opposite side. Councilman McCall checked again with Mr. Travers as to the amount of open water between the fingers of land. Mr. Travers stated the distance will be 125 feet from top of the bank to top of the bank, in the area west of Grand. Street. With a three- to-one slope, that will remove nine feet from each side of the baylet, leaving a distance of 107 feet of open water. It was added that docks would go out beyond the top of the bank. Councilman Hove offered, in summary of the situation, that Utah has made it very clear this is a question of economics, that they cannot make any changes in their plan which will cost them any more money. Therefore, the City is faced with adopt- ing the lagoon system or having the area filled, as was originally contemplated. Professor Gotaas and Mr. Chaney agree, in essence, that this can be a good system, with only minor differences of opinion. It seems, from expressions he has been able to gain from residents of the City, that the people desire the lagoon system, but they want more width. Utah takes the position that it is not sound for them to con- struct with more widths. He believed the Council wants what the people want, and if what we want is economically impossible, we must do the best we can for people in every section of the City. j Councilman Hove added he believed the Council should see that the maintenance of the lagoons be placed on Utah's shoulders for a reasonable period oftime until the City would have gained sufficient experience to take up the maintenance. Councilman Moresi agreed with the remarks of Councilman Hove and added she felt, from indications she had received, that people strongly prefer lagoons to solid fill. In this light, she believed the Council would be remiss in its duty if it were to make it economically impossible for Utah to construct the lagoons. She added she had seen waterways of these widths which were very useable and attractive, and she did not feel the Council would be passing on something which would be a detriment to the City. President Kranelly stated the Council must make the very best possible use of land which comes into being within the scope of the City. It has made every effort to convince Utah it would like to have larger waterways, even to the point of submitting to them an alternate plan. Utah has replied it is impossible for them to offer any type of lagoon or waterway system other than the one they have proposed. It appears we either accept the plan of the lagoon system which Utah has proposed or have the solid fill. He believed, as stated previously, there is no way a City can compel a developer to do anything more with his land than he wants to do. Councilman Haag said, in defense of Mr. Chaney, it was his firm conviction that a man of his national reputation would make no recommendations or statements he was not pre- pared to back up. He concurred with the statements already made by other Council mem- bers. He then stated he wanted it understood, in any motion he might make, if it is decided to adopt Utah's widths that there be a contract drawn to take care of the Gotaas and Chaney reports and other factors considered necessary by the Engineering Department. Councilman Haag then moved the recommendations of the City Planning Board, as con- tained in its letter to the Council dated August 16, 1956, pertaining to the lagoon system, be disapproved. The motion was seconded by Councilman Hove. Mrs. James Wiley, member of the City Planning Board, asked to speak at this point. She asked if the Council was thinking in terms of the small amount of water in the narrow waterways which would result by specifying distances of waterways are from the tops of both banks. President Kranelly assured her those facts had been con- sidered. A roll call was then taken and the motion carried by the following vote. Ayes: Five. Noes: None. Absent: None. President Kranelly then stated the second matter under consideration at this t ime was the letter from Utah recommending adoption of its lagoon plan. Councilman Hove moved adoption, of the widths as recommended by Utah Construction Com- pany in its letter dated August 17, 1956, subject to the following conditions: (1) that all details in the Gotaas and Chaney reports and all specifications set up be complied with; (2) that there be some provision for the maintenance of the lagoons by Utah for a particular period of time in order that the City might have every pos- sible experience before assuming the maintenance; (3) that there be provision "against the erosion of banks"; (4) that where existing structures project out over the water, minimum widths be not less than 100 feet from the rear of such exist- ing structure to the tip of the finger opposite thereto; (5) that, with respect to the possibility of a layer of silt gathering in the bottom of the lagoon, this be filled with firm sand, in accordance with recommendation of the City Manager -- in this connection, Councilman McCall commented the Council has a statement from Mr. Travers that there will be a hard sand-filled bottom and minimum depth of six feet at all times; (6) that the Reclamation District provide at its expense an easement for storm drainage purposes over the entire lagoon system. It was specified that all these conditions be attached to the contract with Utah. The motion was then seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. RESOLUTIONS: 15. The following resolution was introduced by Councilman Moresi, who moved its adoption: "Resolution No. 5448 Amending Portion of Resolution No. 5376, Relating to Positions and Salaries, by Creating One New Position of Security Guard (Part-Time), in the Park Department, and Fixing the Salary Thereof." The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. The City Manager, in connection with the resolution, explained provision was not made in the Salary Resolution for these guards, but the expense was provided for in the Budget. President Kraneiiy thereupon declared the foregoing resolution duly adopted and passed. ADJOURNMENT: 16. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session Tuesday evening, October 2, 1956, at 7:30 o'clock. Respectfully submitted 21.--41 Deputy City Clerk