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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.