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1953-05-19 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING MAY 19 - - -- -1953 The meeting convened at 8 :00 o'clock P. M. with Prest dent Sweeney presiding, ROLL CALL: The roll was called and Councilmen Anderson, Jones, McCall, Sweeney, (5), were noted present. Absent: None. esi and President MINUTES: 1. The minutes of the regular meeting held May 5, 1953, were approved as transcribed. WRITTEN COMMUNICATIONS: / 2.V°From the Bay Farm Island Improvement League, stating it had recently purchased a 220 -volt, apartment house type electric stove and offering it to the City for use in the activities of Godfrey Park only. President Sweeney inquired if a representative of this organization were present. There being no response, he stated he wanted to publicly thank the League for its donation and said he felt, it would be quite a contribution to the Park's activities. Councilman Jones moved the City accept the generous offer of the League. Councilman Anderson stated the motion should include that the League's request be granted to use the stove only at Godfrey Park. Councilman Jones accepted the amendment and Councilman Anderson thereupon seconded the motion and it was unanimously carried. 3. From Lowell H. Duggan, appealing the decision of the City Planning Board to dis- approve the Tentative Map of Tract No. 1289, a subdivision lying south of Otis Drive., President Sweeney stated this matter will be taken up under "Reports of Committees ". 4. From the Alameda Business and Professional Women, submitting the name of Mrs. Laura Gregory for consideration in the next appointment to the Board of Education. President Sweeney thanked the organization for presenting the name of Mrs. Gregory for consideration but stated that at the present, time there is no vacancy on this particular Board and if and when one occurs the recommendation will be given consideration. ORAL COMMUNICATIONS: 5. Mr. Frank Gottstein stated he wanted to again bring up the subject of taking legal action against the Toll Bridge Authority with regard to Alameda's bridge connections. He said the City had been swindled out of proper connections when the San Francisco - Oakland Bay Bridge was constructed and he felt the same thing was going to happen in the contemplated future Bay crossings. He pointed out that another Tube is of the utmost need - although he felt that another Bridge across the Estuary would be more satisfactory than another Tube. He still contended that the City could sue the Government and said the Council had not taken proper action, President Sweeney stated much work had gone on during the past three years on this matter. He pointed out that a representative of the City is going to Sacramento tomorrow to attend a session to be on hand to protect the City's interests. He remarked that two bills are being discussed now in the Legislature concerning the Bridges across San Francisco Bay - one a southern crossing and the other, a parallel crossing - which include provision for a Tube across the Estuary. With regard to Mr. Gottstein's urging to sue the Government, President Sweeney called upon City Attorney Clark for his opinion. Mr. Clark stated he has been interested for a number of years to hear Mr. Gottstein propose that the City sue the Government. He remarked that if the City ever did have the right of this action - which is questionable - the time has long since expires because the statute of limitations applies in all of these matters. He pointed out that in connection with the last action which wound up in the Supreme Court several months ago, in which the building of an additional Tube was a very vital point - the Supreme Court ruled that the Tube is too far removed from the bridgehead of San Francisco Bay to be considered an approach at all, and further went on to state that if it is ever to be considered an approach, it will have to be identi- fied as an approach to San Francisco Bridge. Mr. Clark said he had read the Hoover- Young Report and, after some difficulty, had finally located some reference to the fact that Alameda was probably entitled to a connection - although it was not called a "Tube", but rather a "spur ". Councilman Anderson stated he felt the Council is not only the guardian of the taxpayers' money but is also responsible for using good judgment in all matters. He pointed out the Council is vitally interested in the problem of transportation because it realized that many people are wondering about continued residence in the City due to this situation. He remarked that the question of the Tube has not been forgotten.- the Council is con- stantly thinking about it and has not been just "sitting ". He said the Council is taking serious consideration of the proposed Bay crossings and what the Council really wants, whichever way the decision goes about a crossing to the north or a crossing to the south, is that the City of Alameda gets a Tube. He emphasized that every member of the Council has done his absolute utmost to be sure that Alameda does get a Tube. 6. ✓President Sweeney stated there was one other matter Mr. Gottstein had brought up at the last meeting - concerning keeping the City Hall Offices open during the noon hour - and he called upon City Manager Froerer to make a statement on the subject. Mr. Froerer explained that he had investigated the situation, pointing out that services are already available during this hour from the Police and Fire Departments and the offices of the Treasurer and Auditor. He said the Building Inspector's Department has arranged with the switchboard operator to take all calls during that time and relay them immediately at 1:00 o'clock. He said that henceforth the Engi- neering Department will also be open during the noon hour. He said the investigation was made through comments from the Heads of the Departments and he felt it does not seem necessary that any change be made to have certain other offices open during the noon hour. Mr. Gottstein still maintained that the City Hall Offices should be open from 8 :00 to 5 :00 o'clock and the lunch hours should be alternated. REPORTS OF COMMITTEES: 7. /From the Board of Education, submitting a copy of its budget for 1953 -54 of the Alameda Unified School District - and requesting that $86,000. be appropriated by the City toward the operation of its schools. Councilman Jones stated the City has no option in this matter and the request should be referred to the Committee of the Whole for consideration in connection with. the City's budget. It was so ordered° 8.. /From the City Manager, recommending that Dr. David Frost be permitted to attend the California Conference of Local Health Officers in Los Angeles on May 27, through May 29, 1953, and $120. be appropriated for this purpose. Councilman Moresi moved the City Manager's recommendation be approved; that Dr. Frost be authorized to attend this Conference and $120. be appropriated to defray his expenses. The motion was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Moresi, McCall and President Sweeney, (5) Noes: None. Absent: None. 9. ✓From the City Manager, recommending contract be awarded to the H. V. Carter Company for furnishing one Tractor (dual rear wheel) for the Golf Department at the bid price of ,$1,951.85. Councilman Jones moved the City Manager's recommendation be adopted; that contract be awarded to the designated firm at the price specified, 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: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5 ). Noes: None. Absent: None° 10.v/From the City Planning Board, submitting Tentative Map of Tract No. 1289, the Duggan Subdivision proposed to be developed in an area south of Otis Drive ® denoting its disapproval of the Map because it conflicts with the City's Shoreline Development. The Clerk also read a copy of a letter from the State Division of Highways, addressed to City Engineer Mark J. Hanna, and dated May 19, which was in response to a letter written by Mr. Hanna with regard to the proposed new connection to Otis Drive by Post Street, which this Tentative Map proposes to extend to the south. It was stated therein that the Division would feel compelled to recommend against the new connection to the south in view of certain specified circumstances. Mr. Lowell Duggan was called upon at this time and he stated it was his pleasure to present to the Council for its consideration a new residential subdivision lying southerly of Otis Drive and immediately west of the new Bay Farm Island Bridge. He explained that the property is owned by Mr. Michael Hester of the firm of McGuire & Hester and in 1948 he had applied to the City for a permit to fill the land and since that time he has carried on a systematic program of hydraulically filling the area. He pointed out that over a period of years the work has been followed very closely and filled out so that the land could be used for residential purposes. He said. Mr. Hester had determined upon an approximate location for the seawall which either met or bettered the City requirements and those specifications have been submitted to the City Engineer's office. He also pointed out that the land has been filled to exceed minimum requirements, and a preliminary study has been made to develop the land to its best purposes which would be for single - family dwellings. He further explained that the area contains forty -four single lots a number of which face out onto San Francisco Bay. He said it is their purpose to attempt to present the Tentative Map in such a favorable light that the Council will be willing to accept the subdivision. He stated that, for the Council's benefit, the owner of the 8 land, Mr. Hester and their representative, Attorney Bestor Robinson, are present and if anyone cares to ask questions, they will be glad to clarify any matters. Councilman Jones stated he thought it would be proper for them to submit to the Council exactly what they want. He said it is known that the Tract lay-out conflicts with the Master Plan of Shoreline Development. He said that normally speaking, the Council supports any action taken by the Planning Board because the Board is familiar with the policy of the Council. Councilman Anderson stated he felt what the Council wants to know is what is the focal point of the conflict. He said everyone is desirous of doing everything possible to encourage the building of one - family dwellings. Mr. Bestor Robinson addressed the Council in favor of the proposed subdivision. He stated that, as far as the Planning Board is concerned, everything is fine except that the Tentative Map conflicts with the design of a contemplated shoreline develop- ment. He pointed out the City Engineer has been very helpful in trying to work out this problem. He summarized his argument by stating the whole question is whether the Council wants this property developed as a single - family subdivision or to be acquired for a future freeway. He said they realized a public body has the power of eminent domain but he stressed the fact that Mr. Hester would like to go ahead . and develop his property. He said further they knew the Council coulc pass a reso- lution authorizing the City Attorney to acquire the property - or it could approve the Tentative Map because they felt an objection that it interferes with a plan for a freeway is not grounds for turning down a development of private property. President Sweeney asked if, when Mr. Hester had acquired this land, he had inquired of the City if there was to be any development taking in this area. Mr. Robinson admitted Mr. Hester knew about the proposed shoreline development but pointed out the City also knew about it and had granted the permit to fill. Upon inquiry, the City Engineer stated he had made some preliminary study and, with further study, he felt the "cloverleaf" of the proposed freeway approaches could be moved easterly and thus save more of this area for subdivision purposes. Councilman Jones stated he felt the Council should proceed along this line and moved this matter be referred to the City Manager and City Engineer for their study and for them to arrange a conference with Mr. Duggan and such others as he may care to have represent him, to work out some plan for the development of whatever housing possible in this area. Councilman Moresi inquired if Mr. Duggan would be willing to develop such area as is salvaged and he answered they would want to go ahead with as much as possible. Councilman Moresi thereupon seconded the motion which was unanimously carried. 11. ✓From the City Manager, recommending Gallagher and Burk, Inc. be granted a sixty - day extension of time to July 25, 1953, in which to complete their work on the im- provement of the westerly half of Garfield Avenue between Central Avenue and Liberty Avenue. Councilman Anderson moved the City Manager's recommendation be followed and this company be granted the extension of time as requested. The motion was seconded by Councilman McCall and unanimously carried. 12. ✓From the Mayor, City Manager and Auditor, submitting their report on the Count of Money held May 13, 1953, showing the sum of X3,183,714.70 in the City Treasury at that time. The report was ordered filed. 13. ✓From the City Planning Board, submitting its approval of the Tentative Map of Tract No. 1250, under certain conditions that the subdividers make the corrections required by the City Engineer; that provision be made for the "stub" streets off of Duggan and Agnew Drives as discussed; that Duggan Drive be widened to 60 feet from the 50 --foot street as shown and that Island Road be accepted as an 80 -foot street instead of the 88 -foot width as shown on the Master Plan. This map covers a sub- division proposed to be developed by Messrs. Agnew and Duggan, located at the inter- section of County and Mecartney Roads, Bay Farm Island. This matter had been originally presented to the Planning Board at its meeting held April 29, and the certain corrections and revisions indicated were to be made before the matter came before the Council for its consideration. The Clerk also read a letter from Lowell,H. Duggan, stating the eight copies of the Tentative Map of this Tract had been corrected as to the recommendations of the City Planning Board. Councilman Jones commented that this situation falls in the same catagory as the subdivision just discussed and.it would seem that it will be necessary for Mr. Duggan to work out the details with the City Engineer, allowing for some deviation from the Master Plan of Bay Farm Island. Councilman Anderson stated that, through the courtesy of Messrs Duggan and Agnew, Councilman Moresi and he had personally looked at the land and they have seen the actual situation. He said that, after surveying the maps, it seems to him the problem could be eliminated by swinging the alignment of County Road over to border the subdivision. He felt this so- called County Road around the perimeter of the Island should be maintained at a width of 108 feet as indicated on the Master Plan. As far as this subdivision property and the adjoining property when developed is concerned, each would sacrifice half of their share of the road and the City would buy whatever necessary to make up this width. He definitely felt that a wide street should be established before any building is done - or the City will end up with a narrow street similar to that of Walnut or Willow Streets. Councilman Moresi concurred, stating she believed street widths are very important but felt that possibly in a conference between the City Manager, City Engineer and the subdividers some satisfactory solution can be effected. She pointed out that everyone is openly willing to cooperate in every way to get the development on the tax rolls. President Sweeney remarked that the Master Plan is basically a schematic plan and he felt there are bound to be deviations. He agreed narrow streets are dangerous. He expressed the hope that something could be worked out satisfactorily and when the Island is really developed the City can be proud of it. Mr. Duggan addressed the Council at this point in explanation of their proposed single - family dwelling subdivision. He stated it is comprised of ten acres of level ground; has never been filled and in the history of Alameda has never flooded - it is high land comparatively speaking. He said this particular development, in their opinion, is the pioneer development of Bay Farm Island. If the Tentative Map is accepted by the Council, as it was by the Planning Board, it will consist of approxi- mately seventy -four one- family dwelling lots. These lots are going to be improved with homes built for that portion of Alameda residents who are now moving out of town. He pointed out that all realtors are very much aware of the fact that the City is losing families who want out -of -town homes. The houses will contain three bedrooms and are coordinated with the Federal Housing Administration requirements. He said the Master Plan road does cut a swath through the middle of the area. He emphasized that they had to lay out the subdivision to a fine engineering degree to make it economi- cally feasible. They had specifically taken into consideration any future develop- ment of adjoining land and had also tried to utilize the natural roads which have been used in that vicinity for many years. He commented on the fact that Bay Farm Island property is now vested in many ownerships and this presents a tremendous problem. He said that, after talking to the Planning Board and understanding its viewpoint on wider streets, it was their intention to take 10 feet off the lots on one side to make one of the streets wider. He agreed that the one big objection from the Council, although it was not from the Planning Board, is with regard to the pro- posed 108 -foot road. Councilman Jones stated the Council is keenly interested in giving whatever aid possible to add one - family dwelling developments. He said it appears that the best answer is to present the plan to the City Manager and City Engineer to work out some remedy to the problem. City Manager Freorer stated the deviation from the Master Plan in the Map prepared by Messrs. Duggan and Agnew certainly would have to be carefully thought out so that the subdividers would have sufficient area,left to allow for proper economic develop- ment. Mr. Duggan submitted an over -lay tracing of the Master Plan, which showed clearly how much land the wide road would take away from the area involved in the subdivision. He emphasized that they have spent several months in attempting to work out an economi tally feasible lay -out of the property. There was some discussion as to the most advantageous location of the wide road involved. Councilman Jones moved the matter be referred to the City Manager and City Engineer for :their consultation with the subdividers of the Tract to work out a plan which will preserve their interests as well as those of the City. The motion was seconded. by Councilman Anderson and unanimously carried. INTRODUCTION OF ORDINANCES: 14. Councilman Anderson introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending Section 12 -7519 of Title XII, Chapter 7, Article 5, of the Alameda Municipal Code, Relating to Trailers and Trailer Camps." 383 RESOLUTIONS: 15. The following resolution was introduced by Councilman Jones, who moved its adoption: Resolution No. 11765 Authorizing Budgetary Adjustments and Transfers to Balance Several Accounts in Departmental Budgets." The motion to adopt said resolution was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None, Absent: None. Thereupon the President declared said resolution duly adopted and passed. 16. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No,. 4766 Transferring $22,432.50 from the Alcoholic Beverage Control 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 Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None, Absent: None. Thereupon the President declared said resolution duly adopted and passed. 17. The following resolution was introduced by Councilman NcCall, who moved its adoption: "Resolution No. 4767 Transferring Y7,87i.00 from the Special Public Health 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 Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 18. The following resolution was introduced by Councilman Moresi, who moved its adoption: "Resolution No. 4768 Transferring $15,000.00 from the Parking Meter 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 Anderson, Jones, McCall, Moresi and. President Sweeney, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 19. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4769 Calling for Bids for Legal Advertising for the City of Alameda for the Fiscal Year 1953-1954." The motion to adopt said resolution was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 20. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 4770 Adopting Specifications for Furnishing to the City of Alameda for the Fiscal Year Ending June 30, 195, Crusher Run Base; Paving Mixtures and Asphaltic Emulsions; Quarry Waste, Earth Fill and Top Soil; Parking Meters (Manual); Portland Cement Concrete Mix and Gasoline; Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 21. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 4771 Adopting Specifications and Provisions for Repair of Portland Cement Concrete Sidewalk, Driveway, Curb and Gutter for Fiscal Year Ending June 30, 1954, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None, Absent: None. Thereupon the President declared said resolution duly adopted and passed. 22. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 4772 Adopting Specifications and Provisions for Resurfacing and Repair of Asphalt and Bitunimous Pavement for the Fiscal Year Ending June 30, 1954, Calling for Bids and Directing City Clerk to Advertise Same." 23. The following resolution was introduced by Councilman Mares, moved its adoption: "Resolution No. 4773 Adopting Specifications, Special Provisions and Plans for the Installation of House Laterals for the Fiscal Year Ending June 30, 1954, Calling for Bids. and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Janes and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 24. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No, 4774 Accepting Deed of Easement from Robert V. Brown and Margaret E. Brown, His Wife, for Sewer Purposes, and Consenting to the Recordation Thereof." The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None, Absent: None. Thereupon the President declared said resolution duly adopted and passed. 25. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 4775: Accepting Deed of Easement from Henry A. Krutilek and Virginia M. Krutilek, His Wife, for Sewer Purposes, and Consenting to the Recordation Thereof." The motion to adopt said resolution was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 26. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4776 Accepting Deed of Easement from William S; Bean and Lee H. Cavanaugh, for Sewer Purposes, and Consenting to the Recordation Thereof." The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, More and President Sweeney, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. ORDINANCES FOR PASSAGE: 27. "Ordinance No. 1088, New Series An Ordinance Authorizing Conveyance of Certain City Owned Property to George T. Hansen." Councilman Anderson moved the ordinance be adopted as read. The motion was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. 28. "ordinance No. 1089, New Series An Ordinance Authorizing Reconveyance of Reserve Strip: in Tract 1085." Councilman McCall moved the ordinance be adopted as read. The motion was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. 29. At this time, President Sweeney introduced Messrs. Marshall Pease and Ford. H. Thomason, members of the City Planning Board, and welcomed them to the meeting. FILING: 30. Specifications - No. MS 5 -53 -6 - Crusher Run Base. 31. Specifications - No. MS 5 -53 -7 - Paving Mixtures, Asphaltic Emulsions. 32. Specifications - No. MS 5 -53 -8 - Quarry Waste, Earth Fill, Top Soil. 33. Specifications - No. MS 5 -53 -9 - Parking Meters (Manual). 34. Specifications - No. MS 5- 53 -10- Portland Cement Concrete Mix. 35. Specifications - No. PW 5 -53 -6 - Repair of Portland Cement Concrete Sidewalk, Driveway, Curb and Gutter. 36. Specifications - No. PW 5 -53 -7 - Resurfacing and Repair of Asphalt and Bituminous Pavement. 37. Specifications - No. P)J 5 -53 -8 - House Laterals. 38. Specifications - No. MS 5- 53-12- Gasoline 39. Financial Statement - Middleton, Suman and Hackleman - Auditor's 10 -month Report ending April 30, 1953. BILLS: 40. An itemized List of Claims against the City of Alameda and the several Depart- ments thereof in the total amount of $21,617.63 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 Anderson moved the bills as itemized in the List of Claims filed with the City Clerk on May 19, 1953, and submitted to the Council at this tirre, be allowed and paid. The motion was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. 41. VPresident Sweeney called upon Councilman McCall for a report on the Flag Day Celebration. Councilman McCall outlined the program as planned by his Committee, stating there were to be over 200 color bearers, bands and the Shrine Chanters - all of which promises to be a beautiful program which will justify the attendance of all. He mentioned that the whole observance will be not over one and a half hours long. 42. President Sweeney again asked if there were any further oral communications and there was no response. ADJOURNMENT: 43. There being no further business to come before the meeting, Councilman Jones stated that in view of the fact that the next regular meeting of the Council will fall on the Special Municipal Bond Election Day, he would move that the Council adjourn at this time to assemble in adjourned regular meeting on Wednesday evening, June 3, 1953, at 8 :00,o'clock. The motion was seconded by Councilman Moresi and unanimously carried. Respectfully submitted,