1913-07-15 Regular CC Minutes164
REGULAR MEETING OF THE COUNCIL OF THE CITY
OF ALAMEDA, TUESDAY, JULY 15TH, 1913.
. The meeting convened with Mayor Frank Otis presiding.
The Roll was called,and Councilmen Bartlett Bullock, Hammond, Morris
Probst, Roth and. Stewart, (7) were noted present and. Councilman MacRae and.
Morgenstern (2), absent: Councilman Morgenstern arrived later and was not-
ed present.
The Minutes of the regular meeting held. July 1st were approved as
reaa.
Mr. Bartlett introduced the following Resolution and moved its adoption:-
RESOLVED, that the following sums are hereby ordered transferred. to
the General Fund in compliance with the provisions of the harter: from the
Police Pension Fund the sum of Five Hundred and Twenty-six (526) Dollars;
from the Fire Pension Fund, the sum of Eleven Hundred, fifty-two and 20/100
(1152.20) Dollars, being the unexpended balances for the Fiscal year ending
June 30th, 1913, and the Auditor and the Treasurer are hereby authorized to
make the said transfers upon their respective books.
Mr. Hammond seconded the motion to adopt the Resolution and it was
passed by the following vote:- Ayes:Coupcilmen Bartlett, Bullock, Hammond,
Morgenstern Morris, Probst, Roth and Stewart, (5), Noes:None. Absent:
Councilman MacRae, (1).
Mr. Bartlett introduced the following Resolution and moved its adoption:-
RESOLVED, that the following transfers are hereby made from the General
Fund to pay accrued. Pension claims; To the Police Pension Firnd , the sum
of Two hundred and. Seventy (270) Dollars; To the Fire Pension Fund, the sum
of One Hundred and. Fifty (150) Dollars; and the Auditor and the Treasurer are
hereby authorized to make the said transfers 'upon their respective books.
Mr. Bullock seconded the motion to adopt the Resolution and it was
passea by the following vote:- Ayes:Councilmen Bartlett, Bullock, Hammond
Morgenstern, Morris, Probst, Roth and. Stewart, (8). Noes:None. Absent:
Councilman MacRae, (1).
ClaiMs against the General Fund amountin 148.93; against the
Police Fund amounting to )280.30; against the Fire Fund amounting to $628.54;
against the Street Fund amounting to 017.57; against the Health Fund
amounting to 59.37 and against Local Improvement Fund No. 786 amounting to
6 .00 having been approved and audited by the proper officials were read by
the Clerk as follows:-
Alameda Steam Laundry
Moeller & Graeber
Partch, Mrs. E. G.
Peoples Water Company
GENERAL FUND.
Towel Service
8.00
Bread.for Pound 3.50
Typewriting 10.00
.Water 17.55
Shepard Co. The Prank Law books 6.00
Times-Star Co. Advertising 103.88
Coffman, H.O.
Pacific Tel. ,24 Tel. Co. Switches and rental
Plotz, H. C.
Schneider, Henry Stationery
Swanson, E. B. Vacation Special
Unna, Herman Meals
July 15th, 1913.
POLIC PUI4D.
Vacation Special
Vacation Special
Total -
FIRE FUND.
Alameda Steam Laundry Linen Service
Baird, J. V. Horseshoeing
Gorham Engineering Co. Supplies
Jorgenson, P. Horseshoeing
King, A. R. rr
Lomax, R. R.
Pacific Gas Electric Co. Gas
Pacific States Refineries Gasoline
Pacific Tel. & Tel. Co. Phone
Peoples Water Company Water
Rhodes-Jamieson & Co. Coal
Risso Go., G. Hauling
Scott, Magner & Miller Hay
IT IT IT Tt
IV TT IT IT
IT IT TT If
Chapman, E. N.
Clark Sc Sons, N.
Peoples Water Co.
Plummer P4 Son, Geo.
Sutton, J. E.
Traube, H.
0
Straw
Feed
Total -
STREET FUND.
Assisting City Engineer
Sewer Pipe
Water
Lumber
Assisting City Engineer
Repairs
Total - -
HEALTH FUND.
Justinian Caire Co. Supplies
Coffin Redington Go.
Park Garage 11
Schneider, Henry If
Secretary, Board of Health Transportation
TT IT Office expense
Sutherland's Pharmacy Bottles and corks
Times Star Co.
Mountain. Frank J.
Advertisi 7 and printi
Total -
LOCAL IMPROVEMNT FUND NO. 786.
Servinfr .naoers in Cohen Case
84.00
• 4.05
84.00
9.45
84.00
15.00
208.30
17.40
7.50
22.50
7.25
17.50
12.50
29.84
17.39
1.35
310.07
3.00
7.40
90.41
7.40
38.82
38.21
628.54
3.00
Z0.84
59.17
11.56
3.00
10.00
- 117.57
5r)
2.02
1.50
6.85
7.65
21.00
2.10
5.50
12.75
59
2.00
16
6
July 15th, 1913.
Mr. Bartlett moved that the claims as road be paid, seconded by Mr.
Hammond and curried by the following vote:- Ayes:Councilmen Bartlett
Bullock, Hammond, Morgenstern, Morris, Probst, Roth and Stewart, (6). Noes:
None. Absent:Councilman MacRae, (1).
The Auditor's Balance Sheet for the month of June, 1913,was received
and ordered filed.
The Auditor's annual statement showing the probable expenditures and
receipts of the Oity government for the fiscal year beginning July 1st 1913,
and ending June 30th, 1914,was received and ordered filed.
1 The Mayor, the Auditor and the City Clerk submitted the following re-
port concerning count made by them on July 12th, 1913? of the money in the
possession and under the control of the City Treasurer on that date:-
"Alameda, California. July 15th, 1913.
To the Honorable,the Council
of the City of Alameda.
Gentlemen:-
In compliance with Section 8, Article 12 of the Charter of the
City of Alameda, the Mayor, the Auditor and the City Clerk together counted
the money in the City Treasury on Saturday morning, July 12th, 1913, and
found the amount then in the possession and under the control of the City
Treasurer to he 0210,446.30, said amount tallying correctly with the amount
that should be in the City Treasury at that time, as shown by the Auditor's
books. Part of the said amount, to wit: 0118,200 was on deposit with hanks
located in Alameda and in San Francisco, hearing interest at the rate of
two per cent per annum. The re-payment of the "0118,200 by said banks to
the City is secured by Bonds of the face value of 0126 600, which bonds were,
on July 12th 1913, in the custody of the City Treasurer.
Very respectfully yours,
Prank Otis, Mayor.
j. J. Croll, Auditor.
T. C. Coughlin, City erk."
Ordered filed.
A communication was received from the Street Superintendent in which he
recommended that the city wharf at the north end of Oak Street be repaired
and that tolls be exacted for the use of the same. Mr. Probst moved that
the matter be referred to the Street Committee, seconded by Mr. Bullock and
carried.
The Street Superintendent sub mitted. a report concerning the proposed
asphalting of the approaches to the 'iebster Street, Park Street and High
Street bridges as requested by Councilman Conrad Roth at the meeting of the
City Council July 1st. The report was accompanied by an estimate prepared
by the City ingineer. Mr. Bartlett moved that the report and estimate be
referred to the Street Committee, seconded by Er. Morris and carried.
The Street Superintendent submitted a communication relative to the
trimming of trees in the street area. He suggested that a number of men be
cymillnirAd in the fall of the Near to trim all street trees and remove all
July 15th, 1913.
seconded by Mr. Probst and carried.
The Annual Statement of the expenditures of the Street Department for
the fiscal year ending June :30t1i 1913, was submitted by the Street rin-
tendent and ordered filed.
'An Affidavit was rresented showing due publication of Resolution of
Intention No. 14, New Series. Ordered filed.
An Affidavit from the Street Superintendent was presented showi
due posting of notice of improvement in connection with work proposed under
Resolution of Intention No. 14, New Series. Ordered filed.
Mr. 3ullock offered the following Resolution and moved its adoption:-
R3SOLVED, that Whereas the Council of the City of Alameda did on the
17th day of June, 1913, pass its Resolution of Intention No. 13, New
Series to order the hereinafter described work to be done and improvement
to be made in said City, which Resolution of Intention was duly and legally
published as required by law, as appears from the affidavit of Frank Brown
now on file in the office of the city clerk of said city; and whereas,
notices of the passage of said Resolution of Intention No. 13 New Series
headed "Notice of Improvement" were duly and legally pestedalong the line
of said contemplated work and improvement and in front of all the Property
liable to be assessed. therefor, in form and manner as required by law,
immediately after the passage of said Resolution of intention as appears
from the Affidavit of V. M. Prodden, street superintendent of said city,
who, upon the completion of the posting of said notices, forthwith filed
said affidavit in the office of the city clerk, making oath that he com-
pleted the filing of said notices on the 21st day of June, 1913; and
whereas, more than fifteen days has expired since the day of the second
Publication of said Resolution of Intention No. 13, New Series and the
completion of the posting of said "Notices of Improvement" therefore be
it
RESOLVED, that the public interest and convenience require the work
herein described, and the Council of the City of Alameda hereby orders the
following work to be done in said city, to-wit:
That a salt-glazed, vitrified, iron-stone sewer, six (6) inches, in
inside diameter, with four-ineh "Y" branches, and without house connections
be constructed in San Jose Avenue from the present manhole at the crossing
of Post Street with said avenue, in a right line to the present manhole at
the crossing of Peach Street with said avenue.
All of said work shall be done in accordance with the plans and speci-
fications heretofore adopted for doing said work and now on file in the
office of the City Clerk.
The City Clerk is hereby directed to post a notice of said work, together
with the plans and specifications therefor, conspicuously for five days on
or near the council chamber door, inviting sealed proposals or bids for doing
the work ordered. He is also directed to puhlisha notice inviting such
ProPosals. and referrinr: to the specifications posted or on file, in the
le
July 15th, 1913.
Evening Times Star and Alameda Daily Argus, a daily newspaper published
and circulated in said city, and hereby designated for that purpose.
Er. Hammond seconded the motion to adopt the Resolution and it
was passed by the following vote:- Ayes:Councilmen Bartlett Bullock
Hammond Eorcenstern, Morris, Probst, Roth and Stewar (8). Noes:None.
Absent:Councilman MacRae, .(1).
The Clerk announced that he was in receipt of plans and specifica-
tions prepared by the City Engineer for the improvement of the roadway
on the west side. of 'ebster Street. Thereupon Mr. 3ullock introduced
the following Resolution and moved its adoption:-
R'ESOLVED that the plans and specifications for the following work
to be clone and improvement to be made in said City, to wit:
The improvement of the westerly half of the roadvay of Webster
Street between the southern line of Atlantic Avenue and a right line
100 feet south of the bUlkhead approach to the south on a of the Webster
Street bridge, by grading, curbing with redwood eurbs, paving with
asphalt concrete, and constructing a sewer of 12-inch vitrified, iron
stone pipe, with catch-basins and man-holes at intervals, all as shown on
plans and specifications a3 prepared by the City 2ineor of said City
and submitted this 11;th day of July, 1913, be, and the same are hereby
adopted as and for tl-lo plans and specifications for doing said work.
Er. Probst seconded. the motion to adopt the Resolution ana it was
e2ssed by the following vote:- Ayes:Oonncilmen Bartlett, The.11oek,
Tr.ermord, 1,7orL;nr-n, TJorri, I:oth anCl --Itewart, (6). Toes:ITone.
Absent:Councilman MacRae, (T).
A Petition for marmissior to im-erove, by Private eontract, the
westerly half of the roadwa:IT of Webster Street between the southern
line of Atiartic erile ),nd a riht line one hund ea feet oouth of
bulkhead approach to the south end of •:ebster Strset bridge, in accord-
ance with plans and specificationS as per contract attached to the
petition was read from Ransone-Crummey Company. Mr. Probst moved that
tho permission be Pcanted, seconded by Mr. Hammond and carried by the
following vote:- Ayes: Councilmen Bartlett Bullock, Hammond, Morgenstern,
Morris, Probst, Roth and Stewart . Noes:one. Absent:Councilman
MacRae, (1).
Ir. Bullock introduced the following Resolution and moved its adoption:-
-\-RESCI,VD by the Council of the City of Alameda; That the public high-
way designated as 2almera Court and shown upon that certain Map entitled "Map
of _:;]mmonS! Tract, Alameda, Cal.", and the circle of land shown upon said Map
as lying within Palmera Court, which said Yap was presented to the Council
on the 13th day of July, 191, are hereby accepted on behalf of the public
and the City Clerk is hereby authorized an directed to endorse upon said
Map the fact of such accentance.
Mr. Bartlett seconded the motion to adopt the Resolution and it was
passed by the following vote:- .yes:Counci1men Bartle t Bullock, Hammond
July lbth, 1913.
The following letter of resirnation from City Attorney, A. St. Sure was
read ;-
California. July l5th, 1913.
To the Honora'o1e the Council
of the City of Alameda.
Gentlemen:-
I hereby tender my resignation as City Attorney, to take effect
Monday, July 21st 1913. I have already mentioned the matter to my successor,
Mr. Boorman and he has assured me of hi readIre.s and willingness to take
charge of the office on the date named.
Yours respectfully,
A. F. St. Sure
ty Attorney,"
Mr. IIwnmon moved that the resignation be aeceptec1 seconded by Mr.
Bullock and carried.
'\\ Mr. Morris introduced the following Resolution and moved its adoption:-
RESOLVED: That Samuel Poorman, Jr., be, and he hereby is, appointed
City Attorney of the City of Alameda to succeed A. F. St. Sure, resigned;
and be it further
RESOLVED: That the City Clerk be, and he hereby is, instructed and
directed to deliver forthwith to said Samuel Poorman, Jr., his certificate
of appointMent as such City Attorney.
Mr. Stewart seconded the motion to adopt the Resolution and it was
passed by the following vote;- Ayes:Councilmen Bartlett, Bullock, Hammond,
Morgenstern, Morris, Probst, Roth and Stewart, (8). Noes:None. Absent;
Councilman MacRae (1).
Mayor Otis here took occasion to pay a tribute to the worth of the
retiring Oity Attorney.
' A communication from City Attorney A. F. St. Sure under date of July 15th,
was read in which he reported the result of interviews that he had had with
officials of the San Francisco, Oakland Terminal Railways concerning compliance
with the two and one-half cent fare ordinance having to do with school children.
In the communication the City Attorney said that the corporation objected
to the age limit of twenty/one years as fixed in the ordinance and desired that
it be fixed at eighteen years. The corporation also desired another section
added to the ordinance, an outline of which was included in the City Attorney's
letter. Mr. Bartlett moved that the matter be referred to the Committee of the
Whole seconded by Mr. Morgenstern d carried.
\The Annual report of the Fire Department for the year eneiing June 30th,
1913 was received fra6 the Board of Police and. Fire Commisioners. Ordered
filed.
The emi-annual report of the Po10.ce Department for the six months
ending June 30th, 1913 was received and ordered filed.
`C A report was received from -the Board of Police and Fire Commissioners
of hydrostatic tests made of the chemical tanks in use on Fire Department
70
15th, 1913.
in which he recommended that the Gratuitous license granted S. J. Herrick on
Lay 20th, 1913, to sell publications be revoked. The recommendation was approv-
ed and the license was ordered revoked.
, A communication was read from H. Theresa Spedy, a member of the Board of
Education, in which she asked for an extension of thirty days on her original
leave of absence of thirty days, from June 20th, 1913. Mr. Morgenstern
moved that the extension be ranted, seconded by Mr. Morris and carried by the
following vote:- Ayes:Councilmen Bartlett, Bullock Hammond Morgenstern,
Morris, Probst Roth and. Stewart (6). Noes:None. Absent:Councilman MacRae, (1).
1 communication was read from Leon H. Ader, Deputy Tax Collector, under
te of 'July llth in which he asked for a leave of absence of thirty days.
obst moved that the application be granted, seconded by Mr. Roth and carried,
no time for the beginning or ending of the leave being fixed.
communication under date of July 15th was read from G. W. Christensen,
in which he requested a vacation of one week commencing July 24th and ending
July 31qt 1913. Mr. Morris moved that the requested be ted, seconded by
Mr. Bullock Buliock and carried.
A communication was read from Miss Hazel Dudgeon, under date of July llth,
1913, in which she requested a week's leave of absence commencing July 26th and
ending .tgust 4th, 1913. Mr. Bullock moved that the request be granted, second-
ed by Mr. Morgenstern and carried.
The Clerk announced that Ordinance No. 12, New Series, having to do with
the office of Bu1ding Inspector, .0assed by the Council at an adjourned regular
meeting June 27th, 1913 had been presented by him to the Mayor on the 28th day
of June, 1913 and returned on the 6th day of July, 1913, by the Mayor, without
the Mayor approval or disapProval, thereby becoming effective under a pro-
vision of the Charter. The Clerk ex7elained that he had called the matter up
in order to get the final disposition of the Ordinance into the record.
A communication under date of July 15th, 1913 was read from Mayor ]Prank
Otis, in whica bject to the approval of the Council,he appointed W. O. Jacoby,
Deput?, Building Inspector. Mr. Hammond moved that the appointment be confirmed,
seconded by Mr. Bartlott and carried by the following vote:- Ayes:Councilmen
Bartlett Bullock, Hammond, Morgenstern, Morris, Probst, Roth and Stewart, (8).
Noes:None. Absent:Councilman MacRae, (1).
\Mayor Otis, Mr. Bartlett and Mr. Morris spoke on the salary to be paid
the Deputy Building Insector. Mr. Bartlett moved that the Deputy Building
Inspector be paid a salary of 15.00 per month beginning August 1st, 1913,
said salary to be a charge against the Building Inspection Department, seconded
by Mx. Morgenstern and carried by the following vote:- Ayes:Councilmen Bart-
lett, Bullock, Hammond Morgenstern, Morris, Probst, Roth and. Stewart, (8).
Noes:None. Absent:Councilman MacRae, (1).
The following communication from the Board of Health was received and read:-
"Alameda Cal., July 14th, 1913.
The Honorable, The
City Council,
July 15
a motion prevailed, that The Board of Health approve of the Action of
the City Council in making the Sanitary Inspector, Ex-officio Building
Inspector, on trial.
Respectfully,
A. Hieronymus
°
Secretary."
Mr. Margenstern moved that the communication be fi1ed seconded by Mr.
Bartlett and carried.
The Oath of Office of E. C. Malllot as Building Inspector subscribed
and sworn to on July 9th, 1913 was received and ordered filed.
--AA communication under date of July llth, 1913, having to do with the
office of Building Inspector was received from John DAvies. Yr. Probst
moved that the communication be filed, seconded by Mr . Bartlett and carried.
A communication under date of July 14th , 1913frorn the Board of Health
was read in which that Body said the 'Board would require 7,000 to eradi-
cate the ant nuisance in AlameJa. Ordered filed.
Two communicationsfrom.the Railroad Commission of the State of Cali-
orniaqad.dressed to the Gity Clerk, one under date of July Zrd, 1913 and
the other under date of July 10th, 1913, both having to do with informal
complaint No. 1184, regarding the failure of the Southern Pacific Company
to institute a service on its Eighth Street, or cross-town line, were
received and read. In the communication of July 10th, 1913 the R 'lroad
Commission stated that it was in receipt of a letter from Mr. Paul
Shoupyin charge of the East Bay Electric lines of the Southern Pacific
Company, in which Mr. Shaun advised that the service on the B±ghth Street
line between Alameda and Oakland would be inaugurated and effective August
1st. Mr. Morgenstern moved that both communications be laid over until
the next meeting of the Council for action, if any action was then deemed
necessary, seconded by Mr. Hammond and carried.
communication from the Southern Pacific Company under date of
July let was read, relative to a complaint that the City Clerk was instruct-
ed to make and did make on June 16th, concerning smoking in the single
cars operated by the Company over its Lincoln and Encinal Avenue loop lines
between certain hours. Mr. J. G. McPherson, signer of the letter and
Superintendent of the Oakland Alameda and Berkeley lines of the Southern
Pacific Company, said in the communication that he was having the complaints
looked into with a view of remedying them as soon as possible and that
efforts would be made by the Company's trainmen to abate the unpleasantness
complained of. Mr. Morgenstern moved that the matter be laid over until
the next meeting of the Council for action, if action was then deemed
necessary, seconded by Mr. Hammond and carried.
A communication under date of July 3rd, 1913 from Chas. Bone, 454
California Street, San Francisco, was read, in which the writer asked
that the Council return to him claimed. proportion of assessment paid for
the installation of ele troliers in District No. 6. Mr. Bartlett moved
July 15th, 1913.
\ An application from E. C. Mills for a license to sell liquors at 2170
2ncinal Avenue was received and read. Mr. Mills who had conducted a liquor
business at the location mentionedihadlon June 27th, 1913, made application
for a renewal of his license and the same was denied. Mr. Bartlett in speak-
ing of the application said that while he believed Mr. Mills was not the
proper person to conduct a liquor business, be held it would be working an
injustice and hardship on Mr. Mill's creditors if the Council refused to
grant the application for the license. Mr. Bartlett asserted that he would
be in favor of granting the application on condition that Mr. Mills would
move his liquor business from 2170 dricinal Avenue within ninety days after
the application for the license was granted and would dispose of the business
within a year, which, Mn. Bartlett said, Mr. Mills had agreed to do. Er.
Stewart spolee in opposition to the rantina of the apnlication for the license),
saying that he had investigated the matter and was convinced that Mr. Mills
had not, under his former license, collduct3dthe place properly and in accord-
ance with the law. Er. Roth in speaking to the question said that he had
learned that Lr ile was a proi)erty owner in ala,ne(1.a and that he had in-
vested sonsilerabe money in e I'll.r1i1:)91 at 2170 :111131(1
. loth declared that he i elle7n it vfo-uld be exactly fair to Mr.
Mills or his cre(ijters to aer,.; the for a lecnse are saj_r', that
favere6 Eivin Mr. Mills aother 311aY1(3e. Mr. .a'd.].-nonei and Mr. :Probst also
spoke on the subject, both lettins: it be known thEt they favored granting
the appli.cation. Mr. IL,,inorld M070, that the application for the license be
granted, with the provision that within ninety days Mr. move his li-
ouor business frori 2170 ncina1 :avenue and that within one year he dispose
of the bnsiness. Mr. Probst seconded the motion. Mr. Mills addressed the
Council sayin that he would agree to the nrovisions; that he aonld, if
ranted the arplication for the license, move his liquor business from 2170
Encinal Avenue within ninety days from the granting of the application,
and that he would dispose of the business within a year from the date of the
,:ranting of the application. On roll call the motion to 7rant the applica-
tion for the license was carried Ins the following vote:- Ayes:Councilmen
Bartlett, Bullock, Hammond Probst and Roth, (5) . Noes : Councilmen Morgen-
stern, Morris and :Stewart, Absent:Conncilman MacRae (1).
Ni A commnnication from the Pacific Gas S; 2lectrie Company under date of
July 3rd, 1913, addressed to the City Clerk was read, asking that he certify
to the correctness of abstract of 2ranchise issued May 25rd, 1876 to James
L. Bissell, to lay gas pipes in the streets of the Town of Alameda. Mr.
Bartlett moved that the Olerk be instructed to certify as to the correctness
of the abstract, seconded by Hr. Probst and carried.
letter under date of June 3Oth, 1913 from former City Clerk F. i.
Browning was read, in which he thanked the Mayor and Councilmen for engrossed
Resolutions of appreciation of his services as City Clerk,adopted and sent
him by those officials. Ordered filed.
The Clerk called up two Bills for prorosed. Ordinances having to do with
fnc n-P hill trim in the nitv. said Bills havinp: been
July lbth, 1913.
the Bills be deferred until the next meeting of the Committee of the whole
in order to afford T. H. B. Varney, the bill board man, an opportunity to
have a representative present to discuss the Bills with the Council. Mr.
Roth seconded the motion anc1 it was carried, the Clerk being instructed
to notify Mr. Varney of the action taken and of the time of the next meeting
of the Committee of the whole.
The Clerk called up a Bill for an Ordinance entitled 'riin Ordinance
Placing the Control and Management of the Parks and Playgrounds in the
Council Park and Playground Committee,"introduced by Mr. Bullock, June
27th, 1913. Mr. Bullock asked that he be permitted to withdraw the Bill
and it was so ordered.
11r. Hammond brought un the matter of the proposed improvement of the
west side of the roadway of ,iebster Street. He said that he believed that
the San Francisco, Oakland Terminal Railways should at the same time that
the work was in progress improve their roadbed to conform to the general
scheme of improvement. Mr. Hammond moved that the Clerk be instructed
to notify the corporation to that effect, seconded by Mr. Probst and
carried.
There being no further business to transact, the Council adjourned
until the next regular meeting time Tuesday, iitgust 5th, 1913 at 7:30 p.m.
City Clerk.