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1910-05-17 Regular CC Minutes,LairJTI.Nli Um TAP; UUU/WilL Vii' Trip; U1TY OF ALAnEDA, TUESDAY,MAY 17th 1910. The meeting convened with Mayor W.H.Noy,presiding. The roll was called and Councilmen Christensen,Walker,Krumb,Ells,and Bullock,(5), were noted present and Councilmen Hammond,Crosby,Fisher and Probst,(4),absent. The minutes of the meeting of May 3rd 1910,were read and ordered approved. Councilman Hammond arrived and was noted present. Mr.Bullook offered the following resolution and moved its adoption: WHEREAS,the sum of '1;1405.00 was provided in the budget of the General Fund of 1909 - 1910 for the purpose of refunding to the Electric Light Fund for money advanced for running expenses of the Fire Alarm, Resolved that the said sum of 1405.0o be and the same is hereby transferred from the General Fund to the Electric Light Fund to adjust such money advanced and the Audi- tor and Treasurer are directed to effect this transfer upon their respective books. Mr.Christensen seconded the resolution and it was adopted and passed by the follow- ing vote. Ayes :Councilmen Christensen,alker,Krumb,Hammond,Ells and Bullock,(6). Noes:None. Claims against the General Fund amounting to $370.28;against the Street Fund amounting to :979.28;against the Park & Playground Fund amounting to $603.72;against the Police Fund amounting to .80.85 and against the Fire Fund amounting to $722.05 hav- ing been approved and audited by the proper officials were read by the Clerk as follows; GENERAL FUND. Advertising Absent :Councilmen Crosby,Fisher and Probst,(3). Alameda Daily Argus VT TI TT Tt Tt 11 TI T1 PP Alameda Steam Laundry Assn Bender-Moss Co Fink 8: Schindler Co Furey, Goff,T. Goodfellow & Eells Hicks, Grant Larkin, John Oakland Gas Lt & Heat Co Peoples Water Co. TV IT TI Schneider ,Henry TI TT Tt TI Underwood Typewriter Co Von Ah,Th Alameda Paper Co Arada,J.M. Bacon,I.G. Betten,H.I. Britt,W. TT TI 11 Towel Service Law Books Coin Trays Plumbing Janitor Work Examining Bond Issue Acting Poundmaster Building Garage Gas Water City Hall Pound ionery &c TV TI If Ribbon Horse Hire proceedings Total Street Fund. Supplies Driving Sprinkler TT TT Hardware Teaming .84 2.35 1.50 .30 8.00 15.00 8.70 2.00 36.00 200.00 37.50 38.25 .40 6.59 1.00 3.60 2.50 1.00 .75 4.00 370.28 3.00 90.00 52.50 7.25 91.00 Burgner & Martin Hardware $ 6.70 Chapman,E.N. Assisting City Engr 6.00 Clark & Sons,N. Supplies .60 Depaoli,G. Labor 8.75 Goldstone,John Supplies 18.60 Hay & Baird Blacksmithing 5.35 Henshaw,Bulkley & Co. Supplies 34.80 Jorgenson,P. Blacksmithing 5.00 Mazzini,L. Supplies .70 Peoples Water Co. Water 348.80 Peters,T.L. Teaming 148.00 Plummer & Son,Geo E. Lumber 1.15 Ti I, Ti TV 2.00 Rhodes-Jamieson & Co Material 44.65 Rickerson,Al. Repairs 12.55 Schneider,Henry Supplies 1.45 Stevie,A. Labor 8.75 Sunset Lumber Co Lumber 46.37 t7 7T +V IT 3.30 Turner,M.C. tir 19.15 Vosburgh,J.B. Supplies Total PARK & PLAYGROUND FUND. Delanoy Manufacturing Co Plumbing Supplies Hackett ,Frank H. Ti TT Kellogg Express Co. Pacific Tel & Tel Co Park & Playground Commission Randlett,E.A. Rosmarin,Geo Schneider,Henry Stickney,C.L. Plumbing 11 Expressage Rental Petty Expenses Lumber Trees Stationery Painting &e Total 12.86 4; 979.28 4? 101.50 300.62 3.50 3.50 2.25 51.95 12.50 25.85 7.05 95.00 603.72 POLICE FUND Argus Publishing Co Copies of Argus 0 A 2.50 Durand,I.J. Bicycle repairs 10.60 Library Bureau,Inc. Filing Cabinet 17.50 Mulqueen,H.A. Hauling inured 2.50 Pacific Tel & Tel Co Telephone &c 4.60 Schneider,Henry Stationery &c 16.55 Unna,Herman Meals for Prisoners 26.50 Total 80.85 FIRE FUND. , Alameda Paper Co Supplies 0 8.50 Alameda Steam Laundry Assn. Linen Service 15.80 Coustier & Sons Repairs 7.50 Crawford & Co.,J.S. Supplies 1.40 Evening Times-Star,The Printing 3.00 Furey,F.P. Repairs 5.76 Turey,r.r. 1-:epairs 60.00 Gorham Engineering Co ft 1.74 Hay 8: Baird. Horse-shoeing 11.25 Higby,Wm Supplies 4.00 Jones & Forrest Horse-shoeing 2.50 Jorgenson,P. 15.50 Kellogg Express Co. Drayage .25 Killarn Elect Co.,F.N. Supblies 3.30 King,A.R. Horse-shoeing 5.00 Library Bureau,Inc Supplies 17.50 Lomax,R.R. Horse-shoeing 5.00 11 5.00 Metzger,C.L. Repairs .75 Oakland Gas Light & Heat Co. Gas 14.49 Peoples Water Co Water 277.84 Rosso & Co.,G. Hauling 7.70 Scott,Magner & Miller Feed 192.92 Sutherland's Pharnacy Supplies 1.35 United. Engineering Works Repairs 48.00 Westall,Chas Supplies 6.00 Total 722.05 :.Bullock moved that the claims as read be paid,seconded by 11r.Christensen and carried by the following vote. Ayes :Councilmen Christensen,alker,4rumb,Hammond, Ells and Bullock,(6). Noes:None. Absent :Councilmen Crosby,Fisher and Probst,(3). Councilman Fisher arrived and was noted present. A report of the apportionment of Funds was received from the Auditor and ordered placed on file. A communication was received from Derby Lodge No.285,Sons of St.George inviting the Mayor and. Council to attend the memorial services to be held in Christ Churoh,Ala- meda for the late King Edward VII,of England,on the evening of May 20th 1910. Mr. Ells moved that the invitation he accepted and the Clerk be directed to notify the lodge to that effect,seconded by Mr.Christensen and carried. A report was received from the 141a;Ouditor and City Clerk certifying that they had counted the money in the hands of the City Treasurer and found the sum to be 161,925.91 or ,74.94 more than the balance as called for by the Auditor's Books,that they had counted the un-apportioned money and found the amount to be 54l.35 and that the same agreed with the balance as shown by the Treasurer's books. Ordered filed. A petition was received from the Auditor requesting an extention of time to the second Monday in July in which to prepare the Auditor's budget for the next fiscal year. Mr.Hammond moved that the request he granted,seconded by Mr.Walker and carried. A communication Was received fromthe City Treasurer requesting an extention of time in which to write up the delinquent Tax Roll. Mr.Christensen moved that the matter be referred to the Mayor,seconded by Mr.Walker and carried. A communication was received from E.B.Norton,Commissioner of Public Sup-rues of Berkeley requesting information as to whether the City of Alameda would he willing to pay a share of the expense of Berkeley's Mayor in his trip to Washington to represent Oakland,jierheley and Alameda regarding the Hetch Hetchy water matter. Mr.Walker mov- ed that the matter be referred to the Finance Committee,seconded by :r.Hammond and carried. A communication was received from the Park & Playground Commission requesting that one or more electroliers be installed in Lincoln 2ark. :.:r.Hammond moved that the mat- ter be referred to the Department of Electricity,seconded by Mr.Krumb and carried. A communication was received from the City Attorney with reference to and recom- mending a compromise with D3,rtial Davoust to settle his suit for 50,000.00 damages for the loss of his wife by contact with an electric light wire 3eptember 28th 1898. Lr.Bullock moved that the same be filed,seconded by Er.Christerisen and carried and there- upon kir.Bullock offered the following resolution and moved its adoption WHI=A,there has been pending in the Iinperior Court of the County 6f Alameda, :;tate of California an action against the City of Alameda,wherein Davoust is plaintiff for damages in the sum of Fifty thousand (50,000) Dollars,claimed to hare been sustained in the loss of his wife on or about the 28th day of 3eptember,1H98,by contact with a wire charged with electric current from the City's plant,and WHERMO,in a recent trial of said action a jury awarded said Davoust a verdict in the sun of Nine Thousand (f9,000.00) Dollars,which was thereafter set aside by an order granting a new trial of said action,and WH:=,said plaintiff now proposes to settle and compromise his claim against the City of Alameda,on account of said action,for the sun of Five thousand (5,000.00) Dollars in full of principal,costs and interest,and WHEREAS,the City Attorney has advised such compromise and settlement and the Council is of the opinion that such a settlement and compromise will be to the best in- terests of the City,now therefor BE IT RF3OIVED,That the Council of the City of Alameda hereby accepts settlement and compromise of said claim for the sum of Five thousand ($5,000.00) Dollars in full of all demands,on the part of said Martial Davoust and agrees and binds itself to such settlement and to the payment of said sum as soon as moneys shall be available therefor in the Treasury of the City of Alameda,and hereby agrees and determines in consideration of such settlement to make the necessary tax levy for the coming fiscal year for the purpose of raising said sun of money to be applied as aforesaid,and Be it FT37T= F.7OLV7-7,That the City Attorney be and he is hereby authorized and empowered to enter into a stipulation in said action whereby a judgment nay be entered therein against said City,for the sum of Five thousand ($5,000.00) Dollars without in- terest or costs. Nr.Christensen seconded the resolution and it was adopted and passed by the fol- lowing vote. Ayes :Councilmen Christensen,Walker,Xrumb,Hammond,Ells,Fisher and Bill- lock, (7). Noes:None. Absent :Councilmen Crosby and Probst, (2). A communication was received from ,;.Bruce Wright to which was attached his resig- nation as a member of the Park & Playground Commission. Yr.Hammond moved that it be accepted,seconded by 1.r.Bullock and carried. A communication was received from the :::ayor in which,subject to the approval of the Council he appointed Walter G.Tibbitts as a member of the Park and Playground Com- mission to fill the unexpired tern of 3.Bruce Wright,resigned. T:r.Fisher moved, that the appointment be confirmed,seconded by Lr.Hammond and carried by the following vote. Ayes :Councilmen Thristensen,7alker,7_rumb,Hammond,:lls,Fisher and Bullock, (7). Noes: None. Absent :Councilmen Crosby and Probst,(2). LIr.Krumb brought up the matter of the expiration of the term of office of Dr. J.7.Hamilton as a member of the Board of Health on the 22nd of April 1910,and moved that Tn.F.Schulte be appointed by the Council to fill the said vacancy,seconded by 17r.Bullock and carried by the following vote. Ayes :Councilmen Christensen,7alker, Krumb,Hammond,Ells,Fisher and Bullock,(7). Noes:None. Absent:Councilmen Crosby and Probst,(2). A communication was received from the Park F? Playground Commission recommending that the pumping plant put in under by the Nevada :Iachinery and apply Company at ,:,ash- ington Park be not accepted as it could not stand the test as provided for in the con- tract. Lir.Walker moved that the natter be referred to the City Attorne ,seconded by Mr.Hammond and carried' A communication was received from the License Committee recommending that the claim of the Alameda .2team Laundry A sn.for a refund of license tax paid under protest to carry on the business of a Towel 3ervice,be rejected,and that the application of Alfred Jarratt for a gratuitous license to conduct an express business using two horses for the purpose be granted. Nr.Haxnmond moved that the recommendations be adopted,seconded by Lir.Bul- lock and carried. An application for a gratuitous license to peddle fruit E: vegetables was presented by H.B.Goldberg. Er.Ells moved that it be denied,seconded by Mr.Hammond and carried. An application was received from G.Pagani for a gratuitous license to sell peanut., candy &c,using a wagon for the purpose. :,:r.Hamnond moved that it be referred to the license Conmittee,seconded by 1:r.Bullock and carried. !I communication was received from the Park t Playground Commission requesting that the City advertise for bids for the purchase of the accumulated fire wood in Lincoln Park. 1.1r.Christensen moved that the Clerk be directed to advertise for bids in compliance with said request,seconded by :r.hammond and carried by the following vote. Ayes :Council- men Christensen,Walker,Krumb,Hammond,711s,Fi her and Bullock, (7). Noes :None. Absent: Councilmen Crosby and Proust, (2). A communication was received from the Board of Electricity stating that they had investigated the proposed Ordinance presented by the International -brotherhood of 7lec- trical workers regulating the maintenance of electric wires and recommended that the said Ordinance be not passed. Ordered filed. A communication was received from the Board of Electricity stating that if there was no objection they would comply with a communication which was attached and which re- quested that the City lights be turned off between 9.10 and 9.40 on the evening of May 23rd in order that the Halley Comet could be better observed during an eclipse of the moon. Mr.Walker moved that the request he granted, seconded by :1r.Bulloch and carried. A communication was received from the Board of Electricity to which was attached a copy of a proposed contract f)r the purchase of electric power and requesting that the Council take notice and requesting its views on the matter. Mr.Ohristensen moved that the Council meet with the Board of Electricity on v:ednesday evening ilay 18th to discuss the matter,seconded by Mr.Bullock and carried. Estimates of the amounts necessary to conduct the business of the City for the year beginning July 1st 1910 and ending June 30th 1911 were received from the Following departments: Mayor,Council,City Clerk,Auditor & Assessor,Treasurer & Tax Collector, Library, Building Inspector,Fire Department, Police Department ,Board of Electricity, Health Department,Park & Playground Cornmission,Street Department, School Department,City Attorney,Janitor City Hall,Pound,and City Justice. Li...Bullock moved that they be re- ferred to the Finance Committee,seconded by :1r.Christensen and carried. The Clerk presented an affidavit showing due publication of Notice of $ale of Mun- icipal Bonds requesting proposals. Ordered filed. The Clerk reported that he had received three bids. Mr.Hammond moved that they be received and the Clerk he directed to open them,seconded by Mr.Bullock and carried and thereupon the bids were opened and read as follows: Central National Bank of Oakland accompanied by a certified check for 0600.00 par and accrued interest. James H.Adams & Co.,of an Francisco,accompanied by a certified check for Q3600.00,the sum of $180,000.00 at a premium of $1260.00. Alameda Savings Bank of Alareda,accompanied by a certified check for 3600.00, the sum of 0180,000.00 at a premium of n751.00. la...Hammond moved that the bonds be sold to the Alameda Savings Bank it being the highest bidder therefor,and that the certified checks accompanying the unsuccessful bids be returned,seconded by Mr.Ells and carried by the following vote. Ayes: Councilmen Christensen,Walker,Xrumb,Eammond,Ells,Fisher and Bullock,(7). Noes: None. Absent:Councilmen Crosby and Probst,(2). The Clerk presented an affidavit showing due publication of Notice of Applica- tion for and Sale of Railroad 7oranchise and request for bids therefor. Ordered filed. The Clerk reported that he was in receipt of one bid. Mr.Hammond moved that the same be received and opened,seconded by Mr.Yrumb and carried and thereupon the Clerk opened and read the bid as follows: From the Central Pacific Railway Co.,accomanied by the sum of 50.00 in U.S. Gold. Coin. .Yrumb moved that the bid be accepted,seconded by Mr.Bullock and carried by the following vote. Ayes :Councilmen Christensen,Walker,Yrumb,Hammond,Ells,Fisher and Bullock,(7). Noes:NOne. Absent:Councilmen Crosby and Probst,(2). Mr.Zrumb introduced A Bill entitled "A Bill for Ordinance No. Granting to the Central Pacific Railway Company,a Railroad Corporation,and to its Successors and Assigns,the Right,rrivilege and Franchise,to and until July 26,1949,to Construct,Tiain- tain and Operate a Double-Track Railroad,of Standard Gauge,together with all Necessary Switches,Crossings,Sidings,Sidetracks,Oonnections,Poles,Wires, and Other Necessary Ap- pliances,Aprendages and Adjuncts,said Railroad to be Operated by Electricity or such other Improved Method of Operation as may be Authorized by Law, Over and Across Webster Street and Certain Private Ways in the City of Alameda,Connty of Alaneda,State of California." which was laid over under the provisions of the Charter. The Clerk presented an affidavit of Publication showing due publication of No- tice of Street Work inviting Proposals Therefor,under Resolution of Intention No.747. Ordered filed. The Clerk reported that in response to said advertisment he was in receipt of two bids. Mr.Krumb moved, that the same be received and opened,seconded by Mr.Christensen and carried and thereupon the Clerk opened and read the sane as follows: From Powell Bros Construction Co.,accompanied by a certified check for the sum of cr40.00. For Excavating 1 cents per square foot For Macadamizing For Gutters For Straight Curbing 10 cents per square foot 25 cents per square foot 60 cents pe.1 linear foot From Hutchinson Company accompanied by a bond in the sum of cT,200.00. For Excavating ai cents per square foot For Filling 2j cents per square foot For Macadanizing,with six inch rock 8 cents per square foot For Gutters 18 cents per square foot For Straight Curbing 50 cents per linear foot For Curved Curbing 50 cents per linear foot Resolved,That the Council of the City of Alameda,having in open session on the 17 day of Ylay,1910,opened,examined and publicly declared all sealed proposals and bids for the following street work in said City,to wit: That Cedar Street from a right line 520 feet right angular measurement southerly from and parallel with the southern line of Clinton Avenue to the concrete bulkhead in the southern extremety of said street be improved as follows: That the entire width of said street between said limits,from property line to prop- erty line to property line, be graded to the official grade;that concret curbing,eight inches by twelve inches in cross section dimension,combined with concrete gutters,three feet wide by six inches thick,be constructed along both edges of the roadway of said street between said limits;and that the remaining portion of the roadway of said street between said limits,he macadamized with a layer of broken trap rock six inches in thic ness,hereby rejects all of said bids except that next herein mentioned and hereby awards the contract for said work to Hutchinson Company it being the lowest responsible bidder therefor,at the pricessrecified in its bid therefor on file to wit: For For Excavating Filling For Macadamizing For Gutters For Straight Curbing For Curved curbing 2i cents per square foot 2, cents per square foot 8 cents per square foot 18 cents per square foot 50 cents per linear foot 50 cents per lineal foot The City Clerk is hereby directed to post Notice of this Award conspicuously for five days near the Chamber door of this Council and to publish said notice for two days in the Alameda Daily Argus,newspaper. la..Christensen seconded the resolution and it was adopted and passed by the fol- lowing vote. Ayes:Councilmen hristensen,alker,Krumb,liammond,Ells,Fisher and Bul- lock,(7). Noes :None. Absent :Councilmen Crosby and Probst,(2). An affidavit was presented showing due publication of Notice of Street 17ork and inviting proposals therefor for the work of constructing an asphalt pavement on Webster Street between Santa Clara and Buena Vista Avenues. Ordered filed. The Clerk report- ed that in response to said advertisement he was in receipt of two bids. Mr.Krumb moved that the same be received and opened,seconded by Lr.Christensen and carried and thereupon the Clerk opened and read the bids as follows: From Ransome-Crummey Co.,accompanied by a bond in the sum of ;7)700.00 For Gutters Grading Curbing Asphalt Pavement 7 x 18 cast iron Culverts 7 x 24 Corrugated. Iron Culverts 5 cents per square foot 1 35 12 $2.00 2.00 cent per square foot cents per lineal foot cents per square foot per lineal foot per lineal foot From The Barber Asphalt Paving Company accompanied by a bond in the sum of $1000.00 For Excavating 1 cent per square foot For Asphalt Paving 12 4/10 cents per square foot For Concrete Curbing Straight 32 cents per linear foot For Grouted Rock Gutter-7elaid 5v cents per square foot For Culverts 7" x 24" Corrugated iron :1.55 per Linear foot For Culverts 7" x 18" Cast iron 12.75 per linear foot Mr.Krumb moved that the bids be reffered to the Street Committee and the Street Superintendent to report at the next meeting,seconded by Er.11ammond and carried. A communication was received from the Idayor in which subject to the approval of the Council he appointed Al Lathani a member of the Police and Fire Commission from and after his present term of office which expires on May 20th 1910. Mr.Yialker in a few remarks eulogising Er.Latham's efforts on the said Commission moved that the appointment be confirmed,seconded by mr.Rammond and carried by the following vote. Ayes:Coundilmen Christensen,Valker,Krumb,Hammond,Ells,Fisher and Bullock,(7). Noes:None. Absent: Councilmen Crosby and Probst,(2). A Petition of Remonstrance was received from E.G.Cohen and Henry Gibbons,Jr.,to the workof improving High Street under Resolution of Intention No.748. Ordered filed and thereupon Mr.Krunb introduced the following Resolution and moved its adoption: Whereas E.G.Cohen,et al. have filed objections to proceeding with the work proposed by Resolution of Intention No.748. Therefore resolved that 8 o'clock ?.11.on the 7th day of June.1910,and the Council- room of this Council and are hereby fixed as the time and place of hearing said objections and the City Clerk is hereby directed to give notice thereof to all objectors in the man- ner prescribed by law. Lir.Bullock seconded the resolution and it was adopted and passed by the following vote. Ayes :Councilmen Christensen,V.alker,7rumb,Hammond,Ells,Fisher and Bullock, (7). Noes:Nofie. Absent :Councilmen Crosby and Probst,(2). A Petition of Remonstrance was received from the ':!inchester Estate Conpany,et al. to the work of Improving Pacific Avenue,between First and Fourth Streets under Resolu- tion No.750. Mr.liammond moved that the matter be referred to the Street Oommittee,se- conded by lar.Bullock and carried. A communication was received from F.17.Vowinckel protesting against Ordinance No. 551 Establishing the Roadway of Pacific Avenue from First; to Fourth Street,and fixing the curb grade thereof. Mr.Eammond moved that the matter be referred to the Street Committee,seconded by Mr.Bullock and carried. A petition was received from Hutchingon Company,requesting a 60 days extension of time on their contract to complete the work of improving Madison Street,under Resolu- tion of Intention No.744. Ordered filed,and thereupon Er.Xrumb offered the following Resolution and moved its adoption: Whereas request has been made and good cause therefore appearing, Resolved that the Street Superintendent be and he is hereby authorized and directed to grant sixty (60) days extension of time on contract for the performance of Street Work to Hutchinson Company on its contract to grade,curb,gutter and macadamize Madison Street under Resolution of Intention No.744 provided that in no event shall any liability accrue by reason thereof against said city or officials. Mr.Walker seconded the Resolution and it was adopted and passed by the following vote. Ayes :Councilmen Christensen,7:alker,Krumb,Hammond,Ells,Fisher and Bullock, ('7). Noes:None. Absent:Councilmen Crosby and Probst,(2). Er.7rumb introduced A Bill entitled "A Bill for Ordinance No. To Accept and. Name a Certain Lane and Court",which was laid over under the provisions of the Charter. A petition was received from Dr.Y.R.Cluness,et al.requesting that an Ordinance be passed prohibiting the running of windmills within the City Limits between the hours of 11 P.M. and 6 A.M.. Ordered filed and thereupon Mr.Bullock introduced A Bill entitled "A Bill for Ordinance No. to Regulate the Operation of 'indmills",which was laid over under the provisions of the Charter. A communication was received from the Police and Fire Commission requesting the '3 J. J■.i.4.VVVVO etc,. Mr.Hammond moved that the matter be referred to the Fire,':iater and Police Com- mittee of the Council,seconded by Mr.Ells and carried. Mr.Krumb reported that he had made arrangements with Yrank Hally & Co.to re-insure the Corporation Yard 73uildings and contents. Mr.Hammond moved that the action be ap- proved,seconded by 1/".71.1.s and carried. Er.Xrumb moved that the Clerk be directed to communicate with Mr.Uhitney the Gen- eral Manager of the S.F.Co.,requesting that they grant permission to place the cars of oil consigned to the :itreet Defartment on the track on Lincoln Avenue between 7th and 6th Streets,seconded by Mr.Hammond and carried. The natter of the complaint made to the Council in committee on Friday evening May 1,0-4=4/ 13th against the placing of telephonemon -Lear' 4-;treet was brought up and on notion of :Ir.Christensen seconded by :Ir. ,ammond the matter was referred to the Public Utilities Committee. Mr.Xrumb moved that it be the sense of the Council that the contractors who build the new school buildings employ mechanics residing in Alameda as far as possible,second- ed by Mr.Eammond and carried. There being no further business to transact the Council adjourned -until the next regular meeting,June 7th 1910,at 7.30 City Clerk.