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1955-03-01 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING MARCH 1. --------- The meeting convened at 8:10 o'clock P. M. with President Anderson presidiqa. The Pledge of Allegiance was lead by Councilman Jones. ROLL CALL: The roll was called and Councilmen Haag, Jones, NcCall, Moresi and President Anderson, (5), were noted present. Absent: None. OPENING OF BIDS: 1./ One hid only was received and read - from Morris Landy Motors, for the furnish- ing of One New 1955 Two-door or Four-door Sedan for the Street Department in the amounts of '1,230. and '1,264.01, respectively. This is in accordance with Speci- fications and Provisions No. MS 2-55-2. The bid was accompanied by a cashier's check in the sum of 249.40. Bids were opened and read for the project of Resurfacing and Culvert Construction on Central Avenue, from Co'c,tage Street to Sherman Street - in accordance with Speci- fications, Special Provisions and Plans therefor, No. PW 9-54-19, as follows: From 0. C. Jones & Sons :22,633.00 Accompanied by a Bid Bond From Independent Construction Co. - 24,419.55 Accompanied by a Bid Bond From McGuire and Hester 23,925,90 Accompanied by a Bid Bond 20,624.10 From Gallagher & Burk, Inc. Accompanied by a Bid Bond - From J. Henry Harris 23,092.8 5 Accompanied by a Bid. Bond 3. Bids were opened and read for the project of Re urfacing and Culvert Construction on High Street, from Central Avenue to San Jose Avenue - in accordance with Specifi- cations, Special Provisions and Plans therefor, No. PH 2-55-1, as follows: From Gallagher & Burk, Inc. Accompanied by a Bid Bond From O. C. JOMS & Sons Accompanied by a Bid Bond From J. Henry Harris Accompanied by a Bid Bond From Independent Construction Co. Accompanied by a Bid Bond From McGuire and Hester Accompanied by a Bid Bond 2,37.10 710.50 26,332.60 27,189.80 26,980.75 4. Bids were received and read for the project of the Construction of Tiny Tot Area at Krusi Park, in accordance with Specifications, Special Provisions and Plans therefor, No. PW 2-55-5, as follows: From Watkin & Sibbald 18,33.QQ Accompanied by a Bid Bond From John H. Buestad - - - Accompanied by check in amount ,of From J. Henry Harris Accompanied by a•Bid Bond - From Huetti & Schramm Inc. Accompanied by a Bid Bond 14, 996.00 1,500.00 18,155.00 13,807.00 All the foregoing bids were referred to the City Manager for his investigation and recommendation. WRITTEN COMMUNICATIONS: At this point, President Anderson stated Councilman Jones has suggested that the communications listed under this heading, pertaining to the south shore matter, be referred to "Ordinances for Passage," at which time they can be read in connection with the ordinance proposed to be adopted. It was so ordered. 1 From John and Freda Ellice, 958-B Park Street, thanking the Physician, Police Officers Mervin Brecke and John Crowley, and Capt. Henry Holle and Fireman Alan Heninger of Fire Station No. 1, for their prompt action and attention in trying to save their baby, Alexa Lee Ellice. They expressed appreciation for the kindness and consideration of the men of these Departments. The communication was noted and ordered filed. ORAL COMMUNICATIONS: / 7' President Anderson stated that when the ordinance comes up for action later in the meeting tonight, there will be ample opportunity for anyone to speak on the mat- ter of the south shore development at that time. Mr. Jack Schlageter, as President of the Alameda Junior Chamber of Commerce,invited the members of the City Council and the citizens of Alameda to a meeting to be held in Haight School Auditorium this Thursday evening. He said that the four candidates for the position of Councilman are to present their platforms and there will also be presentations of the three proposals which will be on the ballot at next week's election. He urged all to give support to these men and the measures by attending this meeting. President Anderson stated it has been the practice of the Junior Chamber for a number of years to present the candidates and any measures in this way and he thought it was a fine community activity and service for the organization to render. 8. Mr. Frank Gottstein asked why this matter of the south shore development had not been placed on the ballot for the election coming up next week. Councilman Jones stated there are certain matters which are the prerogative of the City Council. The people elect their representatives and the City Council then has the responsibility of making a thorough investigation of any questions before it. He felt that the matter of a measure on this subject appearing on the ballot or not is strictly up to the decision of the Council. Mr. C. C. Howard said he felt that, if this matter were ever put on a ballot, it would be voted for overwhelmingly. A Mr. Petersen also thought that putting this matter on the ballot is the only fair way to arrive at a decision - it would give everyone an opportunity to express his opinion. President Anderson stated the question has been raised about putting this matter on a ballot - and he would say that each member of the Council has been devoting much time and study to this matter. He pointed out that the "easy way out" would be to put the matter on a ballot, as far as the City Council is concerned. Councilman Jones stated that, in the first place, the Council is discussing land privately owned by Utah. This Company has asked the City Council to grant a permit for it to dredge and fill. If the fill were to be hauled in, the Council would be duty-bound to grant such permit. In this case, the City Council is in the position to be able to bargain with Utah due to the fact that the City owns certain sand for fill. He felt many people thought the City is giving away tidelands - which is not true. HEARINGS: v7 9. The matter was presented concerning the request from Eliga R. and Rose Murry and Harold C. Ward, for the Amendment of Diagram and Assessment of Parcel No. 18-3 of the Bay Farm Island Sewer Assessment District, Project No. 1 - into two parcels to be known as Nos. 18-1 and 18-2. The Clerk stated the matter had been published twice, as required by law, and the report of the City Engineer was on file. There were no objections registered against the request and Councilman Moresi thereupon moved the Amendment be _granted as set forth. The motion was seconded by Councilman Jones and unanimously carried. REPORTS OF COMMITTEES: 10. From the City Manager, reporting all work satisfactorily completed on the pro- ject of Furnishing and Erecting a Baseball Backstop at Lincoln Park and recommending that it be accepted and the Notice of Completion be ordered filed. Councilman Moresi moved the City Manager's recommendation be adopted; that the work on this project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman McCall and unanimously carried. RESOLUTIONS: 11. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 5058 Adopting Specifications, Special Provisions and Plans for the Construction of a Swim Center to be Located on Alameda Avenue, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Moresi and on roll callcarried 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. President Anderson stated that, for the first time in the history of Alameda, the City will have a municipally-owned swimming pool - one pool. He emphasized that this represents a service that is very near and dear tobis heart because he feels that if this facility is put to proper use, the youth of the City will be able to get a better start in life physically than they would othervise. It has been proven that the pool can be used by children from the age of 5 years and up. He felt this is the time to build strong physical bodies for our future citizens. He expressed the hope that the people of the community will stay with the project and see that this facility is used by the younger children as well as the older ones. He pointed out this is the culmination of quite a number of years of work toward this end. 12. The following resolution was introduced by Councilman Moresi, who moved its adoption: "Resolution No. 5059 Transferring 2L,692.1. the In Lieu Tax Fund to the General Fund." The motion to adopt said resolution 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. Thereupon the President declared said resolution duly adopted and passed. 13. The following resolution was introduced by Councilman Haag, who moved its adoption: "Resolution No. 5060 Transferring $40,000.00 from the Parking Meter Fund to the General Fund." 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. 14. The following resolution was introduced by Councilman Jones, who moved its adoption: esolution No. 5061 Transferring $13,725.00 from the Alcoholic Beverage Control Fund to the General Fund." The motion to adopt said resolution was seconded by Councilman Moresi 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 ,end passed. 15. The following resolution was introduced, by Councilman McCall, who moved its adoption: It Resolution No. 5062 Transferring $11,845.50 from the Special Public Health Fund to the General Fund." The motion to adopt said resolution was seconded by Councilman Haag 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. 16. The following resolution was introduced by Councilman Haag, who moved its adoption: "Resolution No. 5063 Transferring $1,000.00 from the Traffic Safety Fund, Account No. 223.343 (Building Materials) to Account No. 223.251 (Contractual Services)." 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. 17. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 5064 IN MEMORIAM TO BAIN CAMPBELL (Part-time Recreation Director) "WITH HEARTFELT SORROW, the Council of the City of Alameda records the death of one of its employees, BAIN CAMPBELL, who was a member of the Recreation Department and who had faithfully served the City as part-time Recreation Director since 1945. "NOW, THEREFORE, BE IT RESOLVED, that, in recognition of the effi- ciency shown by this employee in the performance of his duties, and his friendly cooperation with his co-workers, the Council of the City of Alameda hereby expresses its sincere gratitude for genuine interest and untiring efforts put forth by Mr. Campbell in carrying on his work. "BE IT FURTHER RESOLVED, that this Resolution be spread in full upon the minutes of this meeting, and that a copy thereof be transmitted to the family of Mr. Campbell, that it may extend to its members a sincere expression of sympathy and condolence; and "BE IT FURTHER RESOLVED that when this meeting of the Council of the City of Alameda adjourns, it shall do so in respect to the memory of BAIN CAMPBELL." * * * * * * * * * * The motion to adopt said resolution was seconded by Councilman Moresi 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. Upon President Anderson's request, Mr. Froerer spoke in eulogy of Mr. Campbell, stat- ing it is very appropriate that this be done in honor of this fine, loyal senior citizen, who was employed by the Recreation Department for about ten years. He was a very genial, and always friendly, gentleman who did everything he might do to help. He willingly did assignments which many others resented being called upon to do. He was really loved by all of the young people in the parks where he served. ORDINANCES FOR PASSAGE: "v 18. "Ordinance No. 1148, 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." At this time the following communications were read - in connection with the pro- posed fill of the south shore. From the Alameda Chamber of Commerce, signed by Joseph L. Marriott, M. D., President, setting forth certain problems and recommendations for serious considera- tion by the Council before final commitment is made to dispose of the City fill. From the Alameda Home Owners Association, signed by John Cobb, President, endorsing the proposals submitted to the Council by the Alameda Chamber of Commerce. From Roger I. Eby, 899 Delmar Avenue, stating he felt the proposed filling of the south shore would seriously reduce the value of his property and requesting the City Council to put this matter to a vote so that the desire of the majority of the citizens will be determined and their best interests served. From City of Alameda Taxpayers' League, Inc., dated March 1, 19,5, and signed by I. A. Calpestri, Secretary, endorsing in principle the letter of the Alameda Chamber of Commerce. From Paul R. Shumaker, N. D., 1115 Bay Street, dated March 1, 1955, requesting that the City Council specifically exempt his tidelands from any contract with Utah - and suggesting that one parcel of fill end at the easterly boundary of his land and a new parcel begin at the westerly end. 1 I From Uest Alameda Business Association, dated March 1, 1955, signed by James Taylor, President, Jecuesting that, before the Council takes final action in this matter, the question raised in the letter from the Alameda Chamber of Commerce be given further consideration end the people of Alameda be made :aole, fully conversant with the answers to those questions. Prom Utah Construction Company, dated March 1, 19, signed by R. W. Littlefield, Vice President, referring to Paragraph 9 (a) of the proposed Agreement between City of Alameda and the Company - stating that, in consideration of Ten Dollars, the Com- pany grants to the City the option to purchase, for schools, parks and other public purposes, up to 2C1 acres of land in the fill areas described in the Agreement at a price of H2,500. per acre. The option and the V7,500. per acre option price contem- plate that the land will be served by street improvements (streets, curbs, gutters, sidewalks, sanitary sewers and storm drains) in place without cost to you. If the option is exercised, the property purchased will be conveyed to the City or another public body within the City, as directed. It was pointed out that since this option is thus more favorable to the City than paragraph 9 (a) of the Agreement, the Company agrees to waive the provisions of paragraph 9 (a) as included in the Agreement and incorporated in the Ordinance authorizing the Agreement. President Anderson called upon Mr. Travers, representative of Utah Construction Company, to outline to the audience the proposals of the Company es of this time. Mr. Travers stated the Company has come to the point of the execution of an Agree- ment between it and the City Council. The work done has been strenuous, exhausting and quite complete. He pointed out the Company has paid taxes on its Bay Farm Island property since 1950, and it has a multi-million dollar investment in Alameda. He said there are some people who simply do not.want the south shore developed and, therefore, nothing he could say would convince them of the benefits involved. To those who would like the project to go forward with proper protective covenants, Utah has much to offer and the vast majority of the citizens are pleased with the prospect. He emphasized this is a request to dredge and fill. If Utah is granted the authority to dredge and fill, the Company must then g et its own equipment to proceed, and, after spending all of this money to do the work, the Company then has on its hands 350 acres of raw land. All risk has been taken by Utah. The next step is to go before the City Planning Board - the Company is perfectly willing to make this invest- ment in the City of Alameda and trust to the sound judgment of the members of the Planning Board. The Company is ready to abide by all regulations. The City Council had submitted these several protective covenants which are now a part of the proposed Agreement. Mr. Travers thereupon went through the Agreement paragraph by paragraph and explained details thereof. He pointed up the fact that ample off-street parking is to be pro- vided in the proposed shopping center. He also mentioned the fact that Utah had spent :7'i-70,000, in fighting to protect the lands of the City and the Company in the recent Port of Oakland condemnation suit in connection with the expansion program of the Metropolitan Oakland International Airport and he asked that the citizens go along with the Company - it is pledged to work with the City Planning Board. Following a ten-minute recess, Mr. Albert C. Agnew addressed the Council, representing a group of citizens interested in this matter, and which group represents a cross-sec- tion of the citizens of Alameda. He said he was appearing on behalf of the interests of all citizens of Alameda. He said it may be true that the ultimate filling of the south shore tidelands is inevitable - it may be true that the Utah Construction Com- pany is the best company to do this job - but he would express no opinion on these matters. He was not appearing in opposition to the filling of the south shore tide- lands - but he was present tonight to ask just one thing - that the City Council not take precipitate action. He stated the proposed ordinance is one week old. - the pro- posed Agreement itself is about twoweeks old. He felt this meeting is probably the most important one the City Council has ever held because, upon the action taken tonight or later, he hoped, the whole character of the City will be changed. He felt itwas not a matter which has to be decided upon tonight. He suggested the Council give the people of Alameda sixty days in which to give full consideration to this situation. This project has been discussed for twenty years. He defied anyone to point out to him in the Agreement where Utah Construction Company could be required to complete this project. Mr. Kaapcke, Legal Counsel for Utah, said that he would state for the record, "If area A is commenced, then areas A and B must be finished. If area B is commenced, then areas A and B must be finished, - and that within the time limit of the Agree- ment". He thereupon referred to the last sentence of paragraph 8 (e) of the Agree- ment. Area C and the others are considered separately. Area D is comprised of the Bay Farm Island property. Mr. Agnew also questioned the provisions of the Agreement withregard to the bond. City Attorney Clark stated the Agreement does provide for the proper bond under para- graph 5 (a) and also paragraph 5 (d). Mr. Kaapcke confirmed Mr. Clark's interpretation of the time limit involved. He said it is his considered opinion, and he has so advised Utah Construction Company, that the language in the section of the Agreement referred to, does not give Utah any right to start any filling after the expiration of seven years. He felt there is no serious problem of interpretation - and in making these interpretative statoments, he did not wish it to be understood that he thought they were necessary. Mr. Agnew claimed that the Agreement has no terminal stipulations at all, and asked why the matter has to be acted upon tonight - why not give the people an opportunity to get up a referendum petition. Mr. W. J. Cox, 1611 Bay Street, asked if the Council could deny Utah the right to fill its property. City Attorney Clark stated he thought not. If Utah were bringing in dry fill and were putting up a bond providing the necessary protection, it could compel the City to give it a permit. President Anderson stated it is the Company's right, as owners of private land, to fill its property and the City could not refuse it a permit. An inquiry was made as to what provision Utah has made to keep silt from filling the channel of San Leandro Bay. Mr. Jim Moore of Dames and Moore, stated this is covered by negotiations with the Army Engineers, who,have jurisdiction over this matter. Mr. Delwyn Elfers, 704 Paru Street, stated he felt the big question here tonight is the Agreement or Contract between the City of Alameda and Utah. He agreed with Mr. Agnew's suggestion that action be postponed - there should be more time given to study on the question - all points should be considered. He referred to the 260-foot buffer zone, and stated the Planning Board might be able to require snore depth there. Mrs. Wiley felt that since this statenent is not contained in the proposed Agreement, it should be so stated for the record of this meeting. Mr. John Cobb thought the matter should be before the Planning Board. Mr. Clark stated the provisions set up in this Agreement concerning the lot size and areas to be reserved for park and school sites are provisions the Planning Board could not set up or require Utah to meet. He said that, by reason of the fact that the Council is negotiating the taking of this fill, it is in a position to make these reouirements. Mrs. Wiley pointed out that a survey is now going on toward a Master Plan and a revi- sion of the existing Zoning Ordinance - and she wanted to know if Utah will be required to comply with the regulations in effect at the time this property is ready to be subdivided. Mr. Travers stated he is perfectly willing to say that Utah will, at all times, abide by all ordinances and regulations of the City. He said that of course Utah has no intention of "circumventing" any ordinances. Mr. Kaapcke, as Legal Counsel for Utah Construction Company, thereupon made the following statement, "Utah Construction Company will,'at all times, observe and comply with any lawful regulations of the City. Utah Construction Company, like any other citizen of the City of Alameda, has the right to be heard on what the law ought to be, or request any suitable amendments. If, having been heard on any such question, the law is not amended as it might request, or the views it expresses are not adopted, it will, of course, remain subject to the law as it is contained in the City Ordinances." Mr. Elfers pointed out the Master Plan is not a detailed plan of lay-out of streets, etcetera. It is considered more in the light of a guide. Mr. Richard Thunder stated the City of Alameda is suffering from obsolescence - the only answer is to grow either up or out - or both. He agreed those owning lots adjacent to the water will lose something, but the City as a whole will ain a great deal. He felt Utah has come forth with the most forthright and best proposal the City has ever had. Mrs. D. B. Mott, 1244 Hawthorne Street, urged the Council to give the people at least a couple of weeks in which to go into this matter further. President Anderson stated Utah Construction Company had purchased the Hiller-Koney interests and had thoroughly discussed with the City Council the Bay Farm Island situation. The record and facts show the Council was very well satisfied with its dealings with Utah. After this was finished, they started. to talk about the develop- ment of Utah's privately-owned property. Every member of the Council has given deep- consideration to this subject. The Council has agreed that property values of the south shore should be protected. In working out details with Utah Construction Com- pany, the Council has found it to be fair and equitable. He felt the main point is that if the south shore is developed, do the citizens, as taxpayers of Alameda, have to pay more taxes because the development does not carry its weight? He pointed out that last week a financial analysis was submitted by the Planning Director and Planning Consultant - figures were reviewed and since then, the Council has met with Utah to discuss these figures. Pertinent information has been given with regard to the cost of schools, parks and fire stations. The Council has a very serious problem of checking and trying to foresee, to the best of its ability, and to estimate the sales tax in the proposed new shopping center. The Council wants to know whether it will cost the City for Utah to develop the south shore - or whether Utah will give the City something for the south shore development. He felt the tax situation, depending upon what is in the shopping center, may be completely changed. He stated 1(9 the Council is not procrastinating - it does not believe in moving until it knows where it is going. He pointed out this ordinance was introduced six days ago and if everybody is in harmony and in order not to procrastinate, the Charter provides that the Council could pass the ordinance tonight. However, he felt it is not fair, just or equitable for anyone to set his mind upon what decision is going to be made prior to hearing what the people wish to say. He stated the ordinance is up for passage at this time. Councilman McCall moved the ordinance be adopted as read. The motion was seconded by Councilman Hoag. Speaking on the question, Councilman Moresi stated she is not ready to vote on this matter tonight and she requested the motion be amended that the Council adjourn to next Wednesday evening for further consideration of the ordinance, and she made a motion to this effect. There was no second. The question was then put on the motion to adopt the ordinance and it was carried by the following roll call vote. Ayes: Councilmen Haag, Jones IcCall, and. Moresi, (4). Noes: President Anderson, (1). Absent: None. FILING: 19. Specifications, Special Provisions and Plans - No. PW Constructing Alameda Swim Center. S 7 - Project of 20. An itemized List of Claims against the City of Alameda and the Department ther in the total amount of 10,743.6N, was submitted to the Council at this meeting. The list was accompanied by a certification from the City Manager that the Claims shown were correct. Councilman Jones moved the bills as itemized in the List of Claims filed with the City Clerk on March 1, 1955, and submitted to the Council at this time, be allowed and paid. The motion was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Councilmen Haag, Jones, McCall, Meresi and President Anderson, (5). Noes: None. Absent: None. ADJOURNMENT: 21. There being no further business to come before the meeting, the Council adjourned in respect to the memory of BAIN CAMPBELL - to assemble in regular session on Tuesday evening, March 15, 1955, at 8:00 olclock. Respectfully submitted,