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1955-02-23 Regular CC MinutesADJOURNED REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD WEDNESDAY EVENING, FEBRUARY 23, - _ - 1955 The meeting convened at 8:00otclock P. M. With President Anderson presiding. The Pledge of Allegiance was lead by Councilman Haag. ROLL CALL: The roll was called and Councilmen Haag, Jones, McCall o'esi and President Anderson, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held February 15, 1955, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From the East Shore Home Owners Association, with regard to the disposal and development of the Municipal Nursery Property - especially concerning the drainage problem. It was suggested that a cul-de-sac street development of the Nursery Pro- perty be made, rather than a through street from Fernside Boulevard to Garfield Avenue. Reference was also made to this organization's letter of September 20, 1954 - which had requested that the City impose, as a condition of sale, the res- triction that the purchaser, when developing the property for residential subdivi- sion, make a statement of Declaration of Conditions, Covenants, Restrictions and Charges the same as that Declaration made on April 29, 1953, by the Central Avenue Land and Development Company as amended. This would make the same conditions appli- cable to the Nursery Property to be disposed of as are now applicable to the adjacent Tracts Nos. 1085 and 12L9, which comprise the Association area - and inquiry was made as to any action on this matter. President Anderson stated this communication covers two matters - that of the drain- age problem and the suggestion concerning the type of street improvement of this area. He said that, if agreeable, he would refer the drainage matter to the City Engineer and requested that a copy of the letter be s ent to the City Planning Board for consideration of the street situation. 3. From the Alameda Chamber of Commerce requesting complete information as to the present status of the Southshore Development Project, and also that, before any final action is taken on this development, the Council inform the Board of Directors of the Chamber of its proposed action. President Anderson stated it is the desire of the members of the Council that such information be furnished to the Chamber of Commerce and to any other groups of the City. He inquired of the City Manager when and how this could be done. Mr. Froerer replied that this information is on hand tonight. He pointed out, how- ever, that before the proposed Agreement comes to the Council for action there may be changes - but just as soon as these changes are made, any citizen or members of the Chamber can have a copy of this data. President Anderson asked if there was anyone in the audience from the Chamber of Commerce who wanted to accept the responsibility of taking a copy of the Agreement to the Board of Directors. There being no response, President Anderson suggested the copy be sent to the Board by registered mail. 4'./, From the Alameda Chamber of Commerce, concerning the award of contract for the furnishing and delivering of polling place equipment for the coming City Election - and requesting that, in the future, local firms be invited to submit proposals for this job. Upon Councilman Jones' suggestion that the communication be answered, President Anderson requested the City Attorney to write a letter of explanation to the Chamber. _)• From Cpl. Leonard B. Hollywood Post No. 939, Inc., Veterans of Foreign 'Jars of the United States, requesting a permit be granted to sponsor West Coast Shows, Inc., to be held on the Bethlehem Parking Lot, during the period from July 19 through July 24, 1955 - the proceeds to supplement the organization's Welfare Fund. Councilman Jones stated this is a regular annual request and moved the City Manager be authorized to issue the necessary permit to allow Post No. 939 to sponsor this carnival. The motion was seconded by Councilman Moresi and unanimously c arried. 6. From the Alameda Home Owners Association, expressing its concern and interest in the proposed development of the South Shore. The Council was commended for the care- ful consideration it has given this matter in the past and was urged to continue to explore every possibility to assure that the development be of the highest quality and that it will preserve and enhance the present values of Alameda. It was suggested that a "lagoon" development would be an immeasurable asset to the City. 169 The communication was referred to the Committee of the Whole for further consideration of the Council in the over-all plans of the South Shore development. 7. From Sidney J. and Lillian A. Dowling, submitting their Application for Permit to Fill Property by truck dumping of a0000 cubic yards of earth and rock material on land located south of Otis Drive and M ound Street - at the northwesterly corner of Mound Street and Waterton Street. The Application was accompanied by a surety bond in the amount of .?'$,000. Councilman Moresi moved the Application be granted as requested. The motion was seconded by Councilman Jones and unanimously carried. REPORTS OF COMMITTEES: The report was noted and ordered filed. 9: From the Mayor, nominating Douglas D. Stafford, M. D., 912 Grand Street, to the office of member of the Library Board for the term expiring June 30, 1958 - to serve the unexpired term of Mr. Louis H. Larsen, deceased. Councilman Moresi moved the City Manager's recommendation be adopted; that contract for this project be awarded to Mr. DeSilva at the price quoted and the bid checks be returned to the unsuccessful bidders. The motion was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Haag, Jones, McCall, Moresi and President Anderson, (5). Noes: None, Absent: None. v' 11. From the City Manager, recommending contract be awarded to Paris Bros., the low bidder, for the project of Constructing Sanitary and Storm Sewers to Connect Alameda Sewer System to the E. B. M. U. D. Sanitary Interceptor -- Unit V, at the price of A100,900. • 1 . From the City Manager, recommending contract be awarded to Garland Chevrolet Company, the only bidder for Furnishing One New 1955 Four--Door Sedan to the Fire Department, at the price of 1,718.07. v/ 8. From the Mayor, City Manager and City Auditor, submitting report on the Count of Money, held February 16, 19550 showing the sum of A3,717,200.86 in the City Treasury at that time. The matter was referred to "Resolutions". 10. From the City Manager, recommending contract be awarded to Oliver DeSilva, the low bidder, for the project of Constructing a Basketball Court at Franklin Park at the price of A869. Councilman Haag moved the City Manager's recommendation be accepted; that contract be awarded to this firm for the specified project at the price quoted and the bid checks or bonds be returned to the unsuccessful bidders. The motion was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Coun- cilmen Haag, Jones, McCall, Moresi and President Anderson, (5). Noes: None. Absent: None. Councilman Moresi moved the City Manager's recommendation be adopted; that contract be awarded to this firm for furnishing the sedan as designated. The motion was seconded by Councilman. Jones and on roll call carried by the following vote. Ayes: Councilmen Haag, Jonas, McCall, Moresi and President Anderson, (5). Noes: None. Absent: None, 13. At this point, the President Council, the Order of Business wil will be presented. ated that, if agreeable to the members of the be revised and the matter of "Unfinished. Business" TJNFINISHED BUSINESS: 1L. The matter was called up concerning the request from Utah Construction Company, as contained in its letter of January 5, 1955, to dredge on property on San Francisco Bay controlled by the City of Alameda - and the Company's letter of February 1, 1955, submitting a draft of an Agreement between the City and Utah Construction Company providing for the authorization to dredge and fill. These communications had been read at previous meetings of the Council and had been referred to the Committee of the Whole for further study. President Anderson explained that it would be perfectly possible, legally, for the City Council to grant permission by resolution to the Utah Construction Company to fill land. He pointed out the request that it be done by ordinance came from Utah Construction Company itself. He explained that a resolution can be adopted at any given meeting and is effective immediately, while an ordinance is introduced at one meeting, laid over to a subsequent meeting for adoption and then becomes effective thirty days thereafter. u INTRODUCTION OF ORDINANCES: 15. Councilman McCall introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Authorizing Utah Construction Company to Dredge Certain Submerged Lands of the City of Alameda and Fill Certain Submerged Lands of Said Company in The City of Alameda, and Authorizing Execution of Agreement Pertaining Thereto." Upon request of the President, the Clerk read the ordinance in full. President Anderson stated that in the case of filling the south shore and later on, Bay Farm Island - there are two bodies in the City Government who are responsible - the City Council and the City Planning Board. He thereupon called upon the City Attorney to explain the procedure as to jurisdiction in this matter. Mr. Clark stated that, referring to the provisions of the Alameda Municipal Code, it is definitely set forth that applications for a permit to fill land shall be filed with and acted upon by the City Council. He said that nowhere within that ordinance is the City Planning Board mentioned. He stated that the Planning Board comes into the picture when the area is filled and ready to be developed. He pointed out that by reason of the fact that negotiations for the taking of fill have been entered into by the City Council and Utah Construction Company, the City is in a position to require certain sizes of lots to be developed - which could not have been done by the Planning Board. He said the Planning Board is powerless to dictate the matter of costs and types of houses, and the City Council can do this. Mr. Nelson J. Birkholm, 73h Palmera Court, addressed the Council, stating he thought there was an ordinance previously passed when this matter came up before - and ques- tioned how this present ordinance affected that. Mr. Clark said he remembered the circumstances very well and, at that time, there was no ordinance enacted - the matter was simply discussed - it never reached the. stage of having an ordinance even introduced. Upon Mr. Birkholm's request, the City Attorney read the sections of the Municipal Code pertaining to dredging and filling - and stated this is the only ordinance the City has relative to the filling of land. President Anderson stated that, if agreeable to the members of the Council, he would ask the City Manager to outline the negotiations the City has had with Utah Construc- tion Company and give, the arrangements and understanding as of the present time. Mr. Froerer stated that, before reviewing the proposed Agreement, he would like to point out that the Council has had informal discussions with Utah on several occasions and on February 4, a formal Agreement was submitted, covering the securing of fill from the borrow area. He thereupon read the Agreement and gave explanations of several of the sections. Mr. C. J. Klitgaard, 701 Grand Street, ramarked that he heard no mention made in the Agreement concerning sewers, etcetera - and Mr. Froerer explained that all such pro- visions are covered by Subdivision Ordinance No. 700, New Series. Mr. John P. Cobb, 1200 Sherman Street, wanted to ascertain, if possible, if details of the lot sizes are set forth in the proposed Master Plan. Upon request, Mr. James M. Campbell, Planning Consultant, stated the position of the Planning Department - it has not received any tentative plan up to this time - there is no firm proposition upon which it can act. The Department has made studies of what is a desirable general plan. The Utah company has worked with the Department on the general street pattern and lot sizes. The matter will not be directly in the Department's hands until a tentative map is submitted to it. He said that, so far as the locations of homes, apartments, commercial zones, schools, parks and main road- ways are concerned, the Department is in agreement with Utah. The Agreement sets forth some minimum standards for lot size - 50-foot frontage and containing 5,000 square feet in area. Also, in this proposed Agreement an upgrade of lot size in certain sections of the south shore area. The Department has been in agreement on the general features contemplated by Utah but the trouble has been that there has not been a tentative map upon which it could act definitely. Mr. Campbell said that, in relationship with the Master Plan studies, the Planning Staff is in agreement with Utah. Mr. Cobb stated he thought that, once Mr. Campbell has received a Tentative Map, he would find conflicts with his Master Plan - the general land use allocations and general standards. However, Mr. Campbell remarked that he saw no danger of conflicts - the important items have been very well agreed upon and are guaranteed by the provi- sions of the proposed Agreement. He pointed out Subdivision Ordinance No. 700, New Series, as well as the Agreement would support the Planning Staff. • Mr. Cobb also questioned the width of the so-called "buffer zone" and inresponse to President Anderson's euestion as to the adequacy or inadequacy of this, Mr. Camp- bell replied that he felt 260 feet is satisfactory - this represents the depth of two lots, plus the width of a street. Mr. Alfred Cantor, 1814 Clinton Avenue, wondered if it is fair for the City to give this fill to Utah Construction Company. He also said he thought the beach area would be behind the contemplated freeway. Mr. Cobb wanted to know the percentage relationship of the bond to the project - and Mr. Froerer stated the cost of the filling operation will be approximately $10,,000,000. and the faithful performance bond will be in the amount of 01,000,000., or 10% of the cost. Mr. Dean Ramsden said he noted the bond can be reduced as completion of the project progresses. He felt the amount of the bond is not commensurate with the size of the area to be filled. Mr. Wallace Kaapcke of Pillsbury, Madison & Sutro, explained the situation concerning the bond coverage - stating the project is to be handled in "sections" - A, B, C, D, E - and each, in turn, will be covered by a million-dollar bond. Mr. Frank Gottstein strongly protested against the whole proposal. Mr. George Loorz, 1712 Palmera Court, stated the City is fortunate to have such a fine, reputable Company willing to proceed with this improvement. Nr. Vincent Luczak, 1371 Pearl Street, stated the Council should consider the benefits that would be derived by the City in this development. Mr. Travers of Utah was called upon at this time to present his Company's plans. He pointed out his organization is world-wide and has been in the construction business for fifty-four years and the Company has no intention of not completing this develop- ment. He emphasized that his Company has always finished whatever construction it started and cited certain enormous construction jobs it had undertaken - Boulder Dam, etcetera. He said that, perhaps before he finished speaking, those in the audience would realize there is such a thing as a corporation with a soul. He said he realized that most of those present lived along the south shore and he could understand that it is only natural and human that they should feel exactly as they do. He remarked that the purchase of this property by his Company was not made as a whim. He agreed that everyone is entitled to protection of the nice homes along the south shore. He pointed out that many meetings have been held on this matter to interchange ideas - the City Council deserves credit for the great amount of time and study given this matter. He emphasized that there are many protective covenants in the proposed Agree- ment for the proper and sound development of this fill. The Company owns these two pieces of property - on Bay Farm Island and along the south shore - and it has no intention of walking out on its commitments - it could not afford to. He explained that the dredge alone costs two and one-quarter million dollars - and that expenditure has to be justified. He said there has been some question raised about the perimeter protection for the fill - Utah proposes, if the City Council gives the Company author- ity to do so, to proceed with dredging and filling the south shore of Alameda in as expeditiously a manner as possible - protecting the entire area with a twenty to one sloping beach front. He said Utah proposes to give the City of Alameda a uniform and beautiful beach along the entire south shore and Bay Farm Island. Utah does not need or want the State to come in and build a freeway to protect its beach area. He stressed the fact that Utah is prepared and ready to risk its capital and reputation to do a good job and he emphasized that the sand from the borrow pit is to be used only for the project along the south shore and on Bay Farm Island. President Anderson then called upon Robert L. Williams, Planning Director, who read in full the preliminary economic analysis summary of this project. President Anderson stated this is a matter that concerns all of the people of Alameda - the Council is representing all of the people and the one question it has to answer is, "Is it beneficial to Alameda?" RESOLUTIONS: 16. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 5057 Appointing Douglas D. Stafford, M. D., Member of the Library Board." The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Councilmen Haag, Jones, McCall, Moresi and President Anderson, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. d ORDINANCES FOR PASSAGE: 17. "Ordinance No. 1147, New Series An Ordinance Reclassifying Property by Adding Section 78 to Ordinance No. 725, New,Series." (Rear 50 feet of property fronting on Marshall Way) FILING: 18. Form of Agreement - Between City of Alameda and Utah Construction Company - Re Filling of South Shore. ADJOURNIENT: 19. There being no further business to come before the meeting, the Council adjourned - to assemble in regular meeting to be held Tuesday evening, March 1, 1955, at 8:00 o'clock. Respectfully submitted,