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1913-06-13 Regular CC Minutes128 SPECIAL MTING OF THE COUNCIL OF THE CITY OF ALAMEDA, FR DAY EVENING, JUNE 13TH, 1913. The meeting was held pursuant to the following call issued by Mayor Frank Otis:- "Alameda, California, June 12th, 1913. To the Honorable F. H. Bartlett, E. B.Bullock, Wm. Hammond, Jr., C. W. MacRae, A. L. Morgenstern, Geo. T. Morris, E. J. Probst, Conrad Roth and Geo. W. Stewart, Councilmen of the City of Alameda. Gentlemen:- A special meeting of the Council of the City of Alameda is called for Friday, June 13th, 1913, at 7:30 p. m., at the Council Chamber of the City Hall, in the City of Alairieda, to consider-and act upon the resignation of Councilman E. B. Bullock, as Chairman and member of the Finance Committee which will be presented at that time and to appoint his successor. Also to consider and act upon any other bus ines$ that can be transacted at a regular meeting of said Council. Respectfully yours, ank Otis, Mayor of Alameda." The Roll was called and Councilmen Bartlett, Bullock, Hammond, MacRae, Morris, and Probst (6), were noted present and Councilman Morgenstern, Roth and Stewart, (3), absent. The last three named arrived later and were noted present. Mayor Frank Otis presided. The Clerk read a certificate from Chief of Police, John Conrad, showing that nine envelopes addressed to the members of the City Council, containing the call for the Special meeting had been delivered either to the Councilmen personally or at their residences. The following letter from Councilman E. B. Bullock was read:- "Alameda, California. June 7th, 1913. To the Honorable Mayor and. City Council Alameda California. Gentlemen:- A great deal of work requiring expert knowledge and much time, es- pecially, the fixing of the water rates, Telephone rates and the examination of the budgets and of making of the tax rate for the fiscal year will have to be done by the Finance Committee in the near future. I have done this work for the past six years, besides systematizing the Departments of the City Hall, including the opening up of the Auditor's office, which cost the City nothing. The same systematizing is going on in Oakland at a cost of 0500.00. I. feel that I have done my duty, both to the Council and taxpay- ers and under the circumstances should. be relieved at this time. 1 therefore June 13th, 1913. Mr. Stewart moved that the resignation be accepted and that the Council ex- tend its thanks to Ir. Bullock for his long and faithful service as member and Chairman of the Finance Committee, seconded by Mr. Bartl ett and carried by the following vote:- Ayes:Councilmen Bartlett, Hammond, dacRae, Morris, Probst, Roth and Stewart, (7). Noes:None. Absent:Councilman Morgenstern, (1). Not voting: Councilman Bullock, (1). \I Mr. Roth nominated Mr. Bartlett,a member of the Finance Committee/to be Chairman of that Committee. The nomination was seconded by Mr. Mortis and Mr. Bartlett was elected by the following vote:- Ayes:Councilmen Bullock mon�, MacRae, Morgenstern, Morris, Probst, Roth and. Stewart (8). Noes:None. Not voting: Councilman Bartlett (1). \J Mr. Morris nominated Mr. Roth to fill the vacancy on the Finance Committee, occasioned by the resignation of Mr. Bullock. The nomination was seconded by. Mr. STewart, and Er. Roth was elected by the following vote:- Ayes:Counoilmen Bartlett, Hammond, MacRae, Morgenstern, Morris, Probst and Stewart, (7). Noes: None. Excused from voting:Councilman Bullock, 1). Not voting:Councilman Roth, (1). ° City Attorney St. Sure addressed the Council calling its attention to the fact that since the regular meeting of the Council, June ord., the City had been sued by the Osen and. Hunter Auto Company for a bill of ,;j474.00, which had been presented to the Council and refused payment. The claim was for an automobile delivered, to the City of Alameda upon order of the Police and Fire Commission, for the use of the Hire Chief. Mr. ST. Sure suggested that Attorney E. K. Taylor, who at the request of Councilman Roth,had prepared an opinion as to whether or not the City of Alameda was leally responsible for the price of the automobile ordered by the Police and Fire Commission,and which opinion was read at the meeting of the City Council May 20th, 1913, be invited to assist the City Attorney in defending the municipality against the suit. Councilman Bartlett said that he considered the City ttorneyts point well taken and was in favor of having the Council invite Mr. Taylor to assist in the defense. Mr. Morgenstern moved that the matter be taken up by the Committee of the ',Vhole, seconded by Mr. Bartlett and carried. The City Attorney requested that he he authorizecl. to spend 15.00 to have transcript made in the case of Enlilie Cohen and others against the City of Alameda. Mr. Morgenstern moved that the authority asked for be granted. the City Attorney, seconded by Mr. Bartlett and carried by the following vote:- Ayes:Councilmen Bartlett, Bullock, Hammond, MacRae, Morgenstern, Morris, Probst, Roth and Stewart, (9). Noes:None. Absent:None. The following communication from Mayor Otis was road.:- "Alameda, California. June 13th, 1913. To the Honorable the Council of the City of Alameda. Gentlemen:- I herewith return to you your Resolution of June 3rd., 1913, re- ceived by me, June 7th, 1913) rescinding the Council Resolution of February 21st June 13th, 1913. I specify the following reasons for my veto:- . The rescinding resolution is retroactive and attempts to impair vested rights acquired by innocent parties who relied on the Council's resolution of February 21st, 1913, and subsequent official acts one in pursuance thereof. Nothing can be gained by the attempted rescission either from a legal or a moral standpoint. 2. The City Attorney, who is the City's official legal adviser, has given his opinion that the proceedings on the purchase of the automobile were regular and 1 have seen no rood reason to doubt the soundness of his opinion. 3. The tax payers of this City, in paying their municipal taxes for 1912, paid. 1500.00, which was included by the City Council in the tax levy for that year, for the purpose of buying an automobile for the fire department chief, and this money,now in the Treasury ought to be used for that purpose and for no other. 4. The true question now involved is whether the City of Alameda shall refuse payment, after the automobile, pursuant to official acts embracing the framing of specifications, advertising for bids and acceptance of a bia, was ordered, delivered and accepted and placed in service. 2,ven If by some miscarriage of justice, the City could under such circumstances defeat payment it would in reality be the ultimate loser. Respectfully, Frank Otis, Mayor of Alameda." Action on the Mayor's veto was laid over under a provision of the Charter. Mr. Bartlett brought up the matter of water rates for the fiscal year, 1913-1914, which he said would have to be fixed before July 1st, 1913. At the suggestion of Mayor Otis. it was decided to take up the matter at a meeting of the Committee of the Whole. Mr. Bullock reported that complaints had been made to him by local patrons of the Southern Pacific Comoany, of the single car service furnished on the Lincoln and "Ancfnal Avenue loop between the hours of 8:45 a.m. and 4 p.m. and between 6:15 p.m. and the last night service. The complaints in general were to the effect that smoking is permitted in some of these single cars in which the there is no division compartment, result being that persons to whom tobacco smoke is unpleasant were forced to inhale the fumes. Mr. Bullock moved that the City Clerk be directed to address a communication to the Southern Pacific Company relative to the service complained of and with the request that the conditions be improved, seconded by Mr. Morgenstern and carried. Mr. Morgenstern moved that the meeting adjourn, seconded by Mr. Morris and led. City Clerk.