1950-11-08 Regular CC Minutes462
REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD WEDNESDAY EVENING, NOVEMBER 8, _ _ 1950
The meeting convened at 8:00 o'clock P. M. with President Branscheid presiding.
ROLL CALL:
The roll was called and Councilmen Anderson, Jones, Osborn, Sweeney and Presi-
dent Branscheid, (5), were noted present. Absent:, None.
MINUTES:
1. The minutes of the regular meeting held October 17, 1950, were approved as
transcribed.
2' President Branscheid noted in the audience the members of the Optimist Club
and the elected officials for the observance of Boys' \Jeek in the City of Alameda.
He extended a cordial welcome to this group and commended the OptiMist Club on this
fine activity in which it is engaged.
WRITTEN COMMUNICATIONS:
From Roy B. Gudmundson, Member of the Flag Observance Committee, Native Sons
of the Golden West, calling attention to the fact that the State Flag is not dis-
played at Lincoln Park, the Municipal Golf Course and at the Public Library - as
required under Section 2 of the Flag Act.
President Branscheid commented to the effect that all concerned were very sorry to
receive this communication, calling the attention of the City to an obvious breach
of Flag etiquette. He stated it was merely an oversight and suggested the matter
be referred to the City Manager with the request that he check on the situation and
see that the Bear Flag flies wherever it is required to be flown.
LP: From the Alameda Real Estate Board, transmitting its resolution endorsing the
apartment house development on Bay Farm Island by Johnson, Drake & Piper Inc.
The President referred this letter and resolution to the file on this subject.
5:/ From the Department of the Army, with regard to the City's Resolution No. 4238,
urging the construction of a second vehicular tube between Alameda and Oakland.
Commenting on this communication, President Branscheid stated he was very happy to
have received an answer from the Government in response to the resolution which was
forwarded to Washington. He pointed out that while it was not too encouraging -
reading between the lines, he felt there is a good possibility of reviving this
particular angle of the Estuary problem and that there is certainly a possibility
of receiving further consideration on the matter. He stated the City has already
gone through the formality of establishing the necessity for the tube to the Mili-
tary and Navy Departments and suggested the next step in the matter would be to
bring it back to life and carry the matter to the point where the City Officials
can discuss it intelligently with the Secretary of Defense and persuade him to cer-
tify it as an essential improvement. He stated representatives of the Council
would be in Washington in December and would definitely make a formal presentation
of the matter to the proper authority at that time.
6: i From the Department of the Navy, with regard to the second tube as requested
in the same resolution aforementioned.
The communication was ordered filed.
7: /
From Arthur H. Abel, Port Manager and Chief Engineer, Port of Oakland, calling
attention to certain factors involved in connection with the proposed apartment de-
velopment by Johnson, Drake & Piper Inc. on Bay Farm Island and the operations of
the Oakland Municipal Airport, which is adjacent.to this area.
The communication was ordered included in the file on this matter.
8. From the East Bay Municipal Utility District, extending an invitation for cer-
tain City representatives to attend a luncheon meeting on Thursday, November 16, to
discuss proposed regulations and charges for sewage disposal service in anticipa-
tion of completing the project for the East Bay Cities by July, 1952.
President Branscheid ordered this communication filed, and asked the City Manager
to make a statement on the subject to be discussed at the luncheon mentioned.
Mr. Froerer stated that, together with the matters set forth in the letter, there
will also be considered the matter of assessments to raise the revenue necessary for
the operation of the system, as well as the matter of interceptioli of sewage from
the fringe areas which are beyond the interceptor sewer. He stated it was the ori-
ginal understanding, at least by the Cities of Oakland and, Alameda, that intercep-
tion would be made at the outfall, but that by reason of the topography of that area
it was found impossible to make the interception at that point, with the result that
the interceptor is being placed at a point where the large conduits can be installed.
He informed the Council that the City of Oakland sued the East Bay Municipal Utility
District to compel it to make the reversals of flow - and lost its case, inasmuch as
the Court ruled that it was within the power of the Trustees of the District to de-
cide what action it would take on a matter of this sort.
Mr. Froerer stated this was important to the future of the Cities of Alameda and
Oakland, as the cost of making these reversals of flow would mean something in the
neighborhood of 5500,000. for the City of Alameda and therefore, these cities are
waiting upon the Trustees of the District, hoping they will alter their position in
the matter and assume the cost of the installation.
ORAL COMMUNICATIONS:
9. Mr. Frank Gottstein addressed the Council, stating that on his way to the Coun-
cil meeting he had passed over Lincoln Avenue and this thoroughfare is a regular
washboard. He inquired about when something is going to be done about the removal
of the tracks inasmuch as the franchise has expired.
He suggested that if the Southern Pacific Company is unwilling to go ahead with the
removal, the City should get 'tough" and that steps for the removal of the tracks
should be taken. He further suggested that all permits for the operation of spur
tracks might be revoked as a means of putting pressure on the Southern Pacific Com-
pany for the removal of the tracks on Lincoln Avenue.
President Branscheid pointed out to Mr. Gottstein that the Southern Pacific Company
is in the position of contending that its rights along Lincoln Avenue are superior
to those of the City and that the City has communicated with some people in San
Francisco with reference to taking action before the Inter-State Commerce Commission
for a certification of abandonment, but that the cost of this legal service is be-
yond the means of the City to pay.
President Branscheid inquired of the City Attorney what the status of this situation
is and Mr. Whitney stated there are several matters under contemplation but none of
them has come to a head.
HEARINGS:
10: With regard to the Amendment of Diagram and Assessment of Parcel 116- of the
Bay Farm Island Sewer Assessment District Project No. 1, as requested by Harold C.
Ward, et al, for the division of this land into three parcels to be known as 116-1,
116-2 and 116-3.
The Affidavit of the publication of the Notice of Hearing was read by the Clerk.
Councilman Jones, observing that the hearing is merely a technical requirement of
the law - the division of this assessment having been heretofore agreed toby the
Council, moved the amendment be made in accordance with the request of the peti-
tioners. The motion was seconded by Councilman Sweeney and on roll call carried
by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and Presi-
dent Branscheid, (5). Noes: None. Absent: None.
REPORTS OF COMMITTEES;
11. From the City Manager, recommending the work in connection with the construc-
tion of garages at the Health Center be accepted, as it has been done in accordance
with Specifications therefor, No. PW 3-50-18, and the Notice of Completion be or-
dered filed.
Councilman Anderson moved the City Manager's recommendation be followed; that the
work on this project be accepted and the Notice of Completion be filed. The motion
was seconded by Councilman Jones and unanimously carried.
12. From the City Manager, recommending that contract be awarded to McGuire and
Hester, for the project of installing a Storm,Water System on Sherman Street, North
of Buena Vista Avenue, at their bid price of 516,712.10 - in accordance with Speci-
fications, Special Provisions and Plans therefor, No. 2-50-15.
Councilman Sweeney moved the City Manager's recommendation be adopted; that contract
be awarded to the designated firm for the specified project mentioned. The motion
was seconded by Councilman Osborn and on roll call carried by the following vote.
Ayes; Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5).
Noes: None. Absent: None.
13. From the City Planning Board, recommending the reclassification of certain
property on Bay Farm Island, owned by Manuel Soares, William Silva, M. M. Olivera
and Anna L. Silva and M. E. Lee, from the "A" One-Family Dwelling District to the
"C" Multiple Dwelling District, for the purpose of establishing an_apartment house
development to be constructed and operated by Johnson, Drake & Piper Inc.
Following the reading of this communication, Mr. A. Hubbard Moffitt, Attorney, repre-
senting Johnson, Drake & PiperInc., made a complete presentation of the matter to
the Council. He pointed out the numerous advantages which, in his opinion, would
VW..., .3.
accrue to the City through the rezoning of this property and the building of the
apartment project.
At the conclusion of his presentation, he introduced Mr. Burt Henry, Vice President
and Western Manager of the Johnson, Drake & Piper Inc. who stated he would be glad
to answer any questions which might be propounded.
Councilman Jones inquired as to what provision, if any, has been made for a busi-
ness district in that vicinity to serve the people who will occupy the buildings.
Mr. Hen.c•y stated no provisions have been made for this in the plans of the contem-
plated improvement.
Councilman Osborn asked Mr. Henry if he had received a communication from the Port
of Oakland, pointing up the annoyance which might be caused the tenants of these
buildings by the constant passing of aeroplanes over this property - and if so, if
that communication would, in any way, affect Mr. Henry's feelings about the plans
for the development of the project.
Mr. Henry stated his Company was fully aware of the fact that the Airport is located
where it is when it undertook the purchase of this property and that the buildings
will be of such height as to give ample clearance for any planes flying over the
area.
On this subject, Mr. Moffitt stated he had talked with the attorney for the Port
Commission, who had stated to him that it had no intention of making any formal
protest to the construction.
Councilman Sweeney stated that if the Port of Oakland is worrying about the annoy-
ance which might be caused the tenants, it might be well for it to change the di-
rection of its runways.
Mr. Moffitt replied to this by stating that the Port of Oakland has a plan to change
the direction of the runways, extending them out into the Bay.
Mr. Robert DeCelle, representing the Bay Farm Island Improvement League, stated that
at the time his group gave approval to the plan, it was contemplated that four -story
reinforced concrete buildings would be erected; that later on Mr. Henry informed
them the height of the buildings would be reduced to three stories and now, accord-
ing to Mr. Henry's statement made before the Planning Board, the proposed buildings
will be two stories in height and of frame and stucco construction rather than rein-
forced concrete. He stated he would like to know definitely just what he had in
mind at this time.
Mr. Henry answered that at the Planning Board meeting last week, there was a demand
for the erection of some duplexes and fourplexes and other smaller buildings in the
development and that he had told the Planning Board his Company would cooperate 100
per cent on that, although it is essential they get the coverage and the number of
units needed to make the project financially sound. He pointed out that the study
made this week indicates they cannot go to two -story buildings but must stay with
the three -story plan, pointing out that the shift from the four to three -story
structures was made on advice of people well informed in matters of this kind, point
ing out that four -story buildings would be too much of a "walk -up" and therefore
would be difficult to rent.
Councilman Osborn inquired as to the type of construction that will be made and Mr.
Henry answered that the company has been forced to change from a strictly reinforced
concrete to a reinforced concrete foundation with frame and stucco and plaster con-
struction. He said this change was made after a thorough study of the soil condi-
tions which showed that, without excessive piling, the soil over there would sustain
a weight of 2,000 pounds per square foot, but would be unable to hold reinforced
concrete buildings which would weigh in the neighborhood of 4,000 pounds per square
foot. He stated one advantage in the change from reinforced concrete to frame and
stucco is that it will permit a change in design and architecture of the several
structures and they will be of a construction equal to that used in school buildings
President Branscheid inquired about off- street parking and Mr. Henry pointed out the
garages on the model of the development which had been previously introduced, indi-
cating 100 per cent off- street parking for the tenants of these buildings.
In response to a question about the width of the streets within the development, Mr.
Henry answered there will be a sixty -foot right -of -way, with a forty -foot paving
from curb to curb.
Councilman Jones inquired about the fill, for the outer boulevard and as to how much
will be involved so far as the City is concerned to complete this work.
Mr. Henry stated the Master Plan of this area indicated a 120 -foot street and that
he had hoped, in showing it as a 60 -foot street, they would obtain the cooperation
of the City in developing the 120 -foot roadway and seawall. He stated his company
would cooperate to the fullest extent with the City in the matter of getting this
120 -foot roadway, pointing out that they have allowed half of the proposed roadway
off their property.
t•
Councilman Jones pointed out it will be necessary for them to fill certain portions
of the property right now and wished to know how much the City would have to fill.
Mr. Henry stated his Company would have to make a fill and build a new seawall and
it would take about 24,000 yards of sand to make the fill which will result in pro-
viding one of the finest beaches in the area. He stated he is going to need 50 or
60 thousand yards of sand for fill, which could be obtained from within their own
property line, but suggested it might be wiser to place the seawall out where it
belongs, taking it out into the Bay and developing a yacht harbor in conjunction
with this project.
Councilman Osborn asked if it was contemplated to make a dredge fill and if Mr.
Henry's Company would make the City fill at the same time.
Mr. Henry stated he is going to make a dry fill by dragging the dirt in and putting
relatively dry sand on the property.
Councilman Jones pointed out that the Council has talked, in connection with other
matters, about making a trade of City sand for a fill on City property.
Mr. Froerer stated this particular matter has not been discussed, but that he and
Mr. Henry went out to the property several months ago and he suggested to Mr. Henry
it might be well to get the proper alignment for that street as shown on the Master
Plan and that the proposal might be made to the Council to furnish this additional
width. He stated that as to the additional cost of getting the sand on the property
and getting the seawall in the proper location, the necessary arrangements could
probably be made. This would depend upon the cost of depositing materials upon the
land.
Mr. Henry stated that so far as the cost of sand is concerned, he would not let that
enter into the matter inasmuch as the cost would be insignificant.
Councilman Jones suggested it should be definitely decided where the seawall is go-
ing to be placed and that full advantage should be taken of the opportunity of creat
ing a beach in that location. Further, he suggested it should be ascertained what
the financial obligation of the City would be if it were to agree to the construc-
tion of the additional 60 feet on the outer boulevard.
Councilman Anderson asked if this outer boulevard would be out on the edge of the
Island or inside the perimeter. Mr. Henry replied that according to the Master Plan,
it would be on the edge of the Island, indicating the only difference between the
Master Plan and his company's plan is that the City has moved the proposed outer
boulevard back 120 feet onto private property instead of the 60 feet which his Com-
pany has allowed for this boulevard.
At this point, Councilman Sweeney suggested the matter before the Council is that of
acting on the recommendation of the Planning Board for the reclassification of cer-
tain real property and that the discussion might well be confined to that subject.
President Branscheid stated that was entirely true but that there were other matters
in connection with the subject which might profitably be discussed at this time. He
asked if there were any further questions on the part of the Council or the audience
concerning the project itself, pointing out that, in his opinion, it has great pos-
sibilities as a dwelling development.
President Branscheid stated he had been able to ascertain if it would be agreeable
to Mr. Henry that this matter go over until the next meeting of the Council so that
it might be given further study.
Councilman Jones stated that, in his opinion, this project should be approved be-
cause of the great advantages it will bring to the City, but that in view of the fact
that there is a Master Plan for the development of Bay Farm Island, and as some
changes will be made in that Plan, if the reclassification is granted, there are
certain matters of procedure that must be followed, and therefore, it would be im-
possible for the Council to take any action on it at this meeting. He indicated the
City Attorney has agreed the matter can be continued one further meeting and that
this would be in compliance with the State Planning Act.
At this point, the City Attorney stated that if the Council wants to act on the re-
zoning tonight, he could see no reason why this should not be done, with the revi-
sion of the Master Plan for Bay Farm Island to follow at a later date.
Councilman Anderson thereupon moved the recommendation of the Planning Board be fol-
lowed and the property in question reclassified from the "A" to the "C" Dwelling
District, for the purpose set forth. The motion was seconded by Councilman Sweeney
and unanimously carried.
President Branscheid then referred the matter to "Ordinances for Introduction."
14. At this point in the proceedings, President Branscheid recognized the presence
in the audience of several members of the Junior Chamber of Commerce, and he ex-
tended the thanks of the Council for their continued support in civic affairs.
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15 From the City Manager, recommending that Dr. David Frost, Health Officer, be
authorized to attend the California Conference of Local Health Officers at Sacra-
mento, from November 15, to 17, 1950, and a sum not to exceed $45. be appropriated
for this purpose.
Councilman Osborn moved the City Manager's recommendation be accepted that Dr.
Frost be authorized to attend the specified Conference and the sum of w45. be.appro
-
priated for his expenses. The motion was seconded by Councilman Sweeney and on roll
call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn,
Sweeney and President Branscheid, (5). Noes: None. Absent: None.
INTRODUCTION OF ORDINANCES:
16. 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 Reclassifying Property by Adding
Section 61 to Ordinance No. 725, New Series."
(M. E. Lee)
17. Councilman Osborn introduced the following ordinance, after which it was laid
over under provision of law and the Charter :'
"Ordinance No.
New Series
An Ordinance Reclassifying Property by Addin
Section 62 to Ordinance No. 725, New Series.
(Manuel Soares, William Silva, M. M. Olivera_
and Anna L. Silva)
RES OLUTI ONS :
18. The following resolution was introduced by Councilman Osborn, who moved its
adoption:
"Resolution. No. 4263
Accepting Grant of Easement from Alameda Belt Line
in Certain Real Property, for Sewer Purposes, and
Consenting to the Recordation Thereof."
The motion to adopt said resolution was seconded by Councilman Anderson and on roll
call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn,
Sweeney and President Branscheid, (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. 4264
Authorizing Execution of Contract with Alameda
Chamber of Commerce for Advertising for the
Fiscal Year Ending June 30, 1951, and Appro-
priating X4,500.00 for Such Purposes."
The motion to adopt said resolution was seconded by Councilman Sweeney and on roll
call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn,
Sweeney and President Branscheid, (5). Noes: None. Absent: None. Thereupon
the President declared said resolution duly adopted and passed.
20. The following resolution was introduced by Councilman Anderson, who moved its
adoption:
"Resolution No. 4265
Transferring $100,000.00 from the Cash Basis Fund
to the General Fund."
The motion to adopt said resolution was seconded by Councilman Sweeney and on roll
call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn,
Sweeney and President Branscheid, (5). Noes: None. Absent: None. Thereupon
the President declared said resolution duly adopted and passed.
21. The following resolution was introduced by Councilman Osborn, who moved its
adoption:
Resolution No. 4266
Adopting Specifications, Special Provisions and
Plans for the Extension of the Liberty Avenue
Storm Sewer, Calling for Bids and. Directing the
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, Osborn,
Sweeney and President Branscheid, (5). Noes: None. Absent: None. Thereupon the
President declared said resolution duly adopted and passed.
ORDINANCES FOR PASSAGE:
22.
"Ordinance No. 1012,
New Series
An Ordinance Reclassifying Property by Addin
Section 60 to Ordinance No. 725, New Series.
(Known as 767 Buena Vista Avenue)
Councilman Anderson moved the ordinance be adopted as read. The motion was seconded
by Councilman Sweeney and on roll call carried by the following vote. Ayes: Coun-
cilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None.
Absent: None,
FILING:
23. Grant of Easement - From Alameda Belt Line.
24. Financial Statement - Middleton, Hiller & Hackleman - Bureau of
Electricity, as at September, 1950.
25. Auditor's Balance Sheet - Month ending October 31, 1950.
26. Specifications - No. PW 10 -50-35 - Liberty Avenue Storm
Sewer Extension.
BILLS:
27. An itemized List of Claims against the City of Alameda and several of the de-
partments thereof, in the total amounts as follows, was presented to the Council
at this meeting: ”General Department, $2,416.60; Police Department, $103.84;
Fire Department, Q24.15: Health Department, 03.51; Park Department, $45.92;
Purchasing Department, $4.00; Traffic Safety Fund, $2,039.40; Capital Outlays
Fund, $6,180.40; Engineering Department Deposit Fund, $870.19; Street Depart-
ment, $36.00; Gas Tax No. 2 Fund, $34,402.86.
Councilman Jones moved the bills as itemized in the List of Claims filed with the
City Clerk on November 8, 1950, and submitted to the Council at this time, be
allowed and paid. The motion was seconded by Councilman Anderson and on roll call
carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney
and President Branscheid, (5). Noes: None. Absent: None
28. Prior to adjournment, President Branscheid referred the meeting back to "Oral
Communications" - but no remarks were made.
ADJOURNMENT:
29. There being no further business to come before the meeting, the Council ad-
journed - to assemble in regular session on Tuesday evening, November_21, 1950,
at 8:00 o'clock.
Respectfully •tted,
City Clerk
467