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1913-11-04 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA, TUESDAY EVENING NOVEMBER 4TH, 1913. The meeting was called to order by President Alfred Morgenstern. The roll was called and Councilmen Bartlett, Bullock, Hammond, MacRae, Morgenstern, Morris and Stewart, (7) answered present. Councilman Probst and. Roth (2) t rIved during the reading of the Minutes and were noted present. The Minutes of the meeting held October 21st 1913 were approved as read. Mr. Bartlett introduced the following Resolutionand moved its adoption:- Resolved,, by the Council of the City of Alameda, that there be trans- red, as requested by the Board of Electricity, from the Electric Light Fund to the Interest and Redemption Fund the sum of Seven Thousand, Five Hundred (7500) Dollars to pay Interest, $3,7500 and Redemption, $3,750 (Municipal flnprovement rrund No. 10 Electric) on bonds outstanding; and the Auditor and Treasurer are here- by authorized to make said transfer upon their respective books. Following the reading of the Resolution, Mayor Otis arrived and assumed the chair. Mr. Morris seconded the motion to adopt the Resolution and it was adopted and passed by the following vote:- Ayes:Councilmen Bartlett, Bul ock, Hammond, MacRae, Morgenstern, Morris Probst, Roth and Stewart, (9). Noes:None. Absent: None. Claims against the General Fund amounting to $2116.79; against the Police Fund amounting to $35.25; against the Electric Light Fund amounting to 44849.53; against the Street Fund amounting to $2304.05; against the Library Fund amount- ing to $584.90; against the Recreation Fund amounting to p226.77 and against Municipal Improvement Fund No. 10, Electric amounting to 426,164.75 having havng bzi approved and audited by the proper officials were read by the Clerk as follows:- GENERAL FUND. Towel service 8.00 Blackstone Ink Co. Ink for Auditor & Assessor .35 Bordenave, H. J. Assg. E.Scrafford Services 36.00 Refund Taxes, 1913 6.00 Refund Taxes .18 Lubbock, Oswald Rfund of tax redemption 9.23 Municipal Electric Light Plant Light and power 1977.06 Noy, W. H. Meat for pound 1.95 Otls, Frank Mayor's allowance 50.00 Pacific Gas & Electric Co. Gas 1.53 Paci:Nc T1. & Tel Co. Rental and switches 2.44 Purity Springs Water Co. Water 1.50 Smith, Fred Towing dead animals off beach 10.00 U. S. Fidelity 8eGuaranty Co. Bond premium Total - - - 2116.79 POLICE FUND. Alameda Steam Laundry Assrn. Associated Oil Company Associated Pipe Line Co. )40 November 4th, 1913. Alameda Vulcanizing Works Brown Furniture Company Board of Electricity Boris, Louis J. Crane Co. ELECTRIC LIGHT FUND. Repairs and supplies 1.50 Supplies 62.00 Incidentals 13.20 Supplies 3.00 n 10.53 n 3.50 II 14.99 II 72.54 II 3.01 II 6.61 3.92 Crocker Co., H.S. II 10.00 Empire Foundry Co. n 432.18 Fischer, C. F. Labor and material 16.50 Fisk Rubber Company, The Repairs .60 Supplies 43.70 Gamewell Fire Alarm Telegraph Co. Hammer spring 4.10 Garlock Packing Co. The Supplies 14.24 General Electric Co. n 499.50 29.05 Holabird-Reynolds Co. 11 58.13 n n n Repairs 1.65 n n n Supplies 15.45 Hunt, Mirk & Company 11 1.35 17.60 II 11 " 59.26 Inspection & Ribbons 4.00 Supplies 42.63 Rent for September 30.00 Wiping rags 11,04 Supplies .44 Labor,etc. 123.00 1/ tl 11 I1 11 Supplies 22.50 Pacific Hardware & Steel Co. 11 28.27 II 49.69 n 5.52 n 151.30 " " " " n 17.74 II W W ft 25.14 7.50 n n n II 11 19.65 n II II " II 25.14 11 " 11 n " 57.04 11 •1 n 11 n 16.99 1 I 7.30 Ink Ribbon Mfg. Co. Keystone Lubricating Co. Koerber, A.H. W. Marshall-Newell Supply Co. Mathewson Motor Co. Moore & Co., Chas. C. Pacific Mill & Mine Co. Pacific States Electric Co. November 4th, 1913. Pacific States Electric Co. Supplies 25.14 2.06 6.75 8.23 H 10.92 11 25.14 11 8.54 Park Garage Parts for auto 8.00 Plummer & Son, Geo. E. Lumber 13.94 ft ft 0 It 32.61 Powell Bros, Construction Co. Supplies 65.25 Team hire 29.65 Roeblings Sons Co, J. A. Supplies 31.16 Schneider, Henry Stationery & Supplies 11.10 Standard Oil Co. Fuel Oil 675.62 11 o n Supplies 8.50 II Gasoline 11.63 11 0 Supplies 13.95 n 698.98 13.95 724.34 Vosburgh, L. W. Supplies 12.75 17.55 O n 28.35 Westinghouse E. & M. Co. Whittier Coburn Co. tf ff ft Worthington, Henry R. Electric supplies 247.20 Supplies 14.82 10.91 16.75 $ 4849.53 11 Total - - - STREET FUND. Adams John Labor 65.00 Amorosa, V. n 62.10 Anderson, R. Teaming 33.00 Britt, W. n 104.00 Brown, G. L. Labor 12.50 Carbeline, D. n 20.00 Chapman,E.N. Asag. K. Gobel II It Clark & Sons, N. Donovan, D. Empire Foundry Co. Fischer, Geo. Hammond, C. J. Jamieson, J. S. Johnson, C. Repairs to auto 2.25 Assisting City Engineer 2.00 Sewer pipe 39.28 Labor 11.25 Supplies 24.00 Labor 2.50 Teaming 5.50 Teaming 143.00 tt 123.75 November 4th, 1913. Lane, Thomas Labor 10.00 Martin, Arthur L. Teaming 143.00 Miller, Peter .C. Labor 23.75 Morgan, W. H. of 17.50 Norton, G. J. II 65.00 Pacific Fuel & Bldg.Material Co. Rock 56.40 Pacific Tel. & Tel. Co. Rental and switches 2.65 Penncok, M. Teaming 143.00 n n Coal 16.25 Peoples Water Co. Water 98.44 Perata, A. Labor 65.00 Plummer & Son, Geo. E. Lumber 25.87 11 11 11 II ff " 3.16 Powell Bros. Construction Co. Rock, etc. 76.90 Rhodes-Jamieson & Co. Material 61.95 " n II 224.75 Rickerson, Al. Supplies .50 Serralunga, L. Labor .170.00 Sorenson, J. II 65.00 Sullivan, J. n 22.50 Sutton, J.E. Assisting City Engineer 2.00 n II to II 11 II 26.00 Thurston, C. E. Teaming 38.50 Vaccarezza, N. Labor 10.00 A. Total - LIBRARY FUND, Alameda Free Library Petty expenses 5.70 n If n Of n 4.93 American Historical Ass/n. Dues 3.00 Cedar Sweep Co. Supplies 3.50 Feldhamer L. Daily newspapers 5.25 Funk & Wagnalls Co. Books 54.00 Gaylord Bros. Supplies 2.00 Houck, J. Painting 81.25 Jackson Furniture Co. Rug 17.50 Newbegin, J. J. Books 227.69 Pacific Coast Specialty Sqles Co. Supplies .65 Peoples Water Co. Water 3.83 Schneidet Henry Stationery and newspapers 11.30 Scribners Sons, Chas. Book p 36.00 Times Star Co. Printing 42.25 Volberg, C. C. Rent 25.00 Wheeler Publishing Co. Books 54.15 Wightman, R. S. Supplies .90 S HOW 12.50 $ 23,04.05 November 4th, 1913. RECREATION FUND. Durand, I. J. Supplies and repairs 25.05 Fischer, C. F. Repairs 1.45 Furey, F. P. Supplies .25 Hammond, C. J. Teaming 2.50 ff Supplies. 2.40 Martin, Arthur L. Labor 2.755 Teaming 2.75 Owens, H. H. 8.95 Plumbing supplies Pacific Tel. & Tel. Co. Rental 2.25 Peoples Water Company Water for parks 138.97 Plummer & Son, Geo. E. Lumber 2.75 Powell Bros. Construction Co. 2.00 Repairing sidewalk Potter, G.H. Repairs 10.25 Schaefer, V. L. Medicine .35 Schneider, Henry Supplies _1.25 Serralunga, L. Hauling rubbish 12.00 Times Star Co. Printing 3.75 Vosburgh, L. W. Siipp1ies 4.10 Total ------------- 226.77 MUNCIPAL IMPROVEMENT FUND NO. 10 (ELECTRIC) General Electric Co. Electric apparatus $ 4306.25 If 4306.25 Hunt, Mirk & Co. Power plant apparatus 11123.50 Moore & Co., Chas. C. Final payment 6428.75 Total - - - - -$26164.75 Mr. Bartlett moved that the bills as read be paid, seconded by Mr. Bullock and carried by the following vote:- Ayes:Councilmen Bartlett, Bullock, Hammond, MacRae, Morgenstern, Morris Probst, Roth and Stewart, (9). Noes:None. Absent :None, The Poundmasters report for the month of October 1913 was received. and filed. A statement from the Auditor showing apportionment of taxes 1913-1914, November 1st, 1913, was received and The Auditor's Balance Sheet for the month of October 1913 was received and filed. ‘,1 The cor d Budget for the fiscal year 1913-1914 was submitted by Mr. F. H. Bart1ett Chairman of the Finance Committee of the City Council and ordered filed. 1111° Contract of Rhodes-Jamieson & Co., Inc. with the City of Alameda for supplying forage and straw for the Fire. Department for the year beginning October 19th, 1913 and ending October 19th, 1914 was received approved and filed. A communication from the Lincoln Highway Association, Incorporated of Detroit Michigan, asking endorsement of its campaign for funds was received November 4th, 1913. A communication from. Duncan Stevenson, Agent for the Federal Insurance Company relative to a policy that he had presented for $700 covering insurance on automobile in the Street Department was received. .Mr. Probst moved that. the policy be returned, its issuance not having been properly authorized by city officials, Seconded by Mr. Morris and carried. A communication-from the East End Improvement Club accepting an invitation to attend a meeting of the Committee of. the Whole of the City Council was re- ceived and filed. -A 'A communication from the Superintendent of Schools informingthe Council that the Board of Education would be unable to have estimates for proposed school improvements ready for submission at a meeting of the Committee of the Whole of ' the City Council, October 24th, 1913, was received and filed. A communication from the Alameda Improvement Club relative tO-station at Third Street and Pacific Avenue and to 2i ct. fare ordinance was received and filed. \' A communication from the Board of Electricity authorizing the transfer - of $7500 fromthe Electric Light Fund to the Interestand Redemption Fund was received and filed, the transfer having been made earlier in the meeting by Resolution. ..An application from the 'Board of Electricity for permission to erect poles and run overhead wires in the Waterside Terrace Tract, was read. Mr. Probst moved that the application be granted, Seconded by Mr. Stewart and carried by the following-vote:- Ayes::Councilmen Bartlett, Bullock, Hammond, MacRae, Morgenstern, Morris, Probst Roth and Stewart, (9). Noes:None. Absent:None. -An application from the Board of Electricity for permission to run overhead wires to thirty-seven places to make electric service connections was read. Mr. Probst moved that the application be granted,,seconded by Mr. Morris and carried by the following vote:- Ayes:Councilmen Bartlett, Bullock, Hammond, MacRae, Morgenstern, Morris, Probst Roth and Stewart, (9). Noes:None. Absent:None. Mr. Probst introduced the following Resolution and moved its adoption:- REAS this Council did on the .17th day of June, A. D. 1908, pass and adopt a certain resolution whereby it was resolved that the City of Alameda would furnish, free of charge, electric current to operate the Park Street, Fruitvale Avenue, and High Street draw-bridges across the Tidal Canal on the north side of the City of Alameda, for a period of five years; and. REAS, the'commencement of the operation of the said draw-bridges has been delayed ever since the adoption of said resolution; and REAS, it is desirable that said draw-bridges be operated for the bene- fit of navigation; and WHEREAS, it has been shown to the satisfaction of this Council that such operation will be promptly commenced, if the cost thereof can be met by 'subscription and bithe contribution thereto of the County of Alameda. NOW THEREFORE, IT IS RESOLVED by the Council of the City of Alameda that the City of Alameda will furnish, free of charge, for the period of . fiveyears fromthe date of the passage of this resolution, all electric current that may be found necessary for the mechanical operation of said draw-bridges November 4th, 1913. warning or signal lights'not exceeding three in number; AND IT IS FURTHER RESOLVED-that the Mayor of said City of Alameda be and he is hereby authorized, empowered and. directed to enter into a written contract with the County of Alameda in conformity withthe terms of .this resolution. Mr. Bullock seconded the motion to adopt the Resolution and it was passed and adopted by the following vote:- Ayes:Councilmen Bartlett, Bullock, Hammond, MacRae, Morgenstern, Morris, Probst Roth and Stewart, (9). Noes:None. Absent: None. A communication from the Universal. Engineering Company of 320 Market Street, SanFranciscs, relative to a garbage incinerator to be erected by the Company at Palo Alto was received and filed. An application from the Gamewell Fire Alarm Telegraph Company for per- mission_to run wires connecting up police telephone and telegraph bOxes and flash lights with the police desk in the City Hall, under contract awarded the • Company by the Board of Electricity, was read. Mr. Bartlett moved that the application be granted, seconded by Mr, Morrie and, carried by the following vote:- Ayes:Councilmen Bartlett, Bullock, Hammond, MacRae,. Morgenstern, Morris, Probst, Roth and Stewart, (9). Noes:None. Absent:None. \A communication under date of October 18th, 1913 from the, San Francisco Bridge Company addressed to. His Honor the Mayor giving notice of the presentation by the Company to the City of four large rowboats for the use of the children of Alameda was received and read. Another communication from the•same Company, under date of October 21st, 1913 addressed to His Honor the Mayor in which notice was given that two of the boats- were in heed of repairs, which it was estimated could be made at a cost of from 480 to 4100, was received and read. Both communications were referred to the Recreation Commission, and on motion the San Francisco Bridge Company was tendered a vote of thanks for its public spiritedness and generosity. \' An Affidavit was presented showing due publication of Notice to Dealers in Automobile Trucks inviting bids for furnishing the Street Department with one motor driven truck. Ordered filed. The Clerk announced that in response to notice inviting proposals, he was in receipt of four bids. Mr.Probst moved that the bids be opened, seconded by Mr. Bullock and carried, Thereupon the Clerk opened and read the bids as follows:- From the Howard Automobile Company of Oakland, 4 2 0.00, accompanied by a certified check for 4125.00. 'From The White Company, San Francisco, 42400.00, accompanied by a certi- fied check for 4240.00. vFrom Poore Bros., San Francisco, •1850.00,accompanied bya certified check for 4185,00. From thePope-Hartford Company, Oakland, Harry A. Weihe, 1OOO.00, accompanied bya certified check for 4100.00. Mr.Hammond moved that the bids be referred to the Street Committee to report back at the next meeting of the City Council, seconded by Mr. Morgenstern and carried. November, 4th, 1913. in Road. Machines, inviting bids for furnishing the Street Department with one Road Scarifier. Ordered filed. The Clerk announced that in response to the notice he was in receipt of two bids. Mr. Hammond moved that the bids be opened, seconded by Mr. Morgenstern and carried, Thereupon the Clerk opened and read the bids as follows:- I■irom the Austin-WesternaoadMachinery Company, San Francisco, 062.00, accompanied by a certified check for 4,60.00. 4From_the A. L. Young Machinery Company, San Francisco, t',475.00 accompanied by a certified check for $50.00. Mr. Morgenstern moved that the bids be referred to the Street Committee to report back to the Council at its next meeting,seconded by Mr. Bullock and carried. Mr. MacRae introduced the following Resolution and moved it adoption:- RESOLVED, that whereas the Council of the City of Alameda did on the seventh day of October, 1913, pass its Resolution of Intention No. 15, 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 pub- lished 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. 15, New Series, headed "Notice of Improvement" were duly and legally posted along the line of said contemp lated work and improvement and in front of all the property liable to be assessed therefor, in form and manner as required by law, ilamediately after the passage of said Resolution of Intention, as appears from the affidavit of V. M.Frodden, 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 completed the filing of said notices on the Ninth day of October, 1913; and whereas, more than fif- teen days has expired since the day of the second publication of said Reso- lution of Intention No. 15, 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 here- in described, and the Council of the City of Alameda hereby orders the fol ing work to be done in said city, to-wit: That Briggs Avenue from a line 1095.50 feet easterly from and parallel with the easterly line of High Street to the westerly line of Fernside Boulevard, be improved as follows: That the entire width of said avenue, from property line to property line, between said limits, be graded to the official grade; that concrete curbing, eight inches by fourteen inches in cross section dimension'be constructed on the curb lines of said avenue, between said limits-;; that concrete gutters of the flat pattern, two and one-half (2 1-2) feet in width and six (e) inches in thickness, be constructed along the roadway of said avenue, contiguous to said curbing, between said limits, that the remaining portion of the roadway of said avenue, between said limits be macadamized with a layer of brokerltrap rock eight inches in thickness. November ,1913. cations- heretofore adopted for doing said work and now on file inthe-office of the City Clerk, The City Clerk is hereby directed to post lotice of said work, together with the plans and spedifications therefor enspicuously for five day6 on or near the council chamber door, inviting sealed proposals or bids for doing the work ordered. He is also directed to publish a notice inviting such:preposals and referring to the specifications posted or on file, in. the Evening Times Star and Alameda Daily Argus, a daily newspaper published and circulated in said city, and hereby designated for that purpose. Mr. Probst seconded the motion to adopt the Resolution and it was adopted and passed by the following vote:- Ayes:Counailmen Bartlett, Bullock, Hammond, MacRae, Morgenstern, Morris Prohst, oth and Stewart, (9). Noes:None. Absent: None. The following letter of vetowas received from the Mayor:- "Alameda, California. October 24th, To the Honorable the Council of the City of Alameda. Gentlemen:- I herewith return to you the bill or ordinance of October 14, 1913, (received by me October 18 1913) , amending section 744 of the Municipal Code of the City of Alameda relating to the manner in which billboards are to be con- structed. I disapprove and veto the said bill or ordinance, and'epecify the following reasons for so doing: (1) The amended section removes the most important restrictions hereto- fore imposed on the construction of billboards in this city, by increasing their height to thirteen feet above the ground, and by eliminating the provision; that no billboard or advertising sign board shallipe placed within a distance of twenty-five (25) feet from any sidewalk, school house, church, public building used for business purposes, or any dwelling house. The city is thus practically thrown wide open to an unrestricted billboard. (2) The billboard itself has become a public nuisance throughout the United States, and,has received general condemnation by civic betterment and improvement leagues. Campaigns have been started to encourage property owners to refuse their consent to the disfiE6rement of their premises. Concert- ed ac,,ion has sometimes been taken, to cause citizens to refrain from purchasing the commodities advertised and from patronizing the advertisers. State and municipal legislative bodies have passed laws for the purpose of restricting or suppressing the nuisance. Courts have rendered decisions condemning it and its unbridled' use. (3) The billboard defaces the landscape and destroys comma ding views along the thoroughfares. It injures the property of nearby owners. It is unsanitary. It obstructs light, sunshine and air. It is sometimes dangerous to the safety of the passing:pedestrian. In a decision from the Supreme Court, of Missouri dissolving an injunction against the St. Louis officials who sought to enforce a billboard ordinance, Justice Woodson used this lanwuaget "Sreak- 24 J410 November 4th, 1913. "The more conspicuous and public the place, the greater is the desire to cover it "with that class of-advertising. x x x They (the billboards) offer shelter and "concealment for the criminal while lying in:wait for his victim. And last but "not least, they obstruct the light sunshine andair,whichare conducive to health "and comfort. While advertising, as stated, is a legitimate and honorable buSi- “ ness, yet the evils incident to this class of advertising are more numerous and "base in character than those incident to the numerous other businesses which are "considered malum in se, and which, for that reason, may not only be regulated and "controlled, but may be entirely suppressed for the public good under the police !'power of the State. My individual opinion is that this class of advertising, as now conducted, is not only subject to control and regulation by the police power "Of the State, but that it.might be entirely suppressed by statute, and that, too, "without offending eitheragainst the State or the City." This victory'was that of a civic league, whose pamphlets were more freely quoted from than was the argument of the City Counselor. (4) The year for holding the Panama Exposition is fast approaching, and it behooves the citizens of Alameda to-make their city look as attractive as possible to visitors. No fair minded-citizen would for a moment contend that the billboard With its gaudy, hideous and in-artistic advertisements will either add to the beauty of the city or induce people to make their homes within its boundaries. (5) Alameda has always ranked high as a progressive city in municipal growth and development. The proposed ordinance takes her out of that class as to the subject in question, and is a step backward in her reputation. (6) The chief argument urged in favor of my approving the ordinance, is that the principal opposition springs from the newspapers, and is mercenary. Permit me to point out that the real question involved is not whether any parti- cular class of persons or any particular business is opposed to the billboard, but whether the billboard itself is objectionable to the cornnunity. Argument should be directed to the latter question, and as to whether the billboard should be suppressed or restricted. (7) The policy of Alameda has been to regulate thebiflboard, but the new ordinance removes the most essential restrictions placed upon its use. While it is true that, through the permission of municipal governments, the unsightly bill- board has been tolerated and heavy vested interests have grown up in the business, yet it is also true that the promoters went into their respective enterprises with their eyes ide open, knowing full'well that their methods were not always legitimate and that they were often going far beyond reasonable limits. They have,.therefore, no reason to complain when severe restrictins are placed upon them and their acts;,even if such restrictions are troublesome to their business. With less of the colossal billboard in our city, life would be more tolerable and our "little journeys". along our streets would be less exhausting. In my judgment, the proposed change, if .submitted to the electors for a referendum vote, would be overwhelmingly defeated, as being unworthy of this beautiful city of homes. November 4th, 1913. Mr. Bullock moved that the Mayor's veto be sustained. There was no second to Mr. Bullock's motion. Mr. Stewart moved to re-consider. The Mayor informed Yr. Stewart that it was not in order-at that time to re-Consider, but to act on the veto first. Mr. Hammond thereupon moved that the Mayor's veto be not sus- tained, seconded by Mr. Bartlett and carried by the following vote:- Ayes: Councilmen Bartlett, Hamnpnd, MacRae, Morgenstern, Morris, Probst, Roth and Stewart, (8). Noes:Councilman Bullock, (1). Absent:None. Communcations having to do with billboard regulations in-the City were received from the following and ordered filed:- Horwinski Company; The Francis Valentine Company and Panama Lumer & Mill Company. -"'An estimate from the City Engineer's office prepared at the request of the Mayor and addressed to him, giving approximate cost of proposed improvements of various streets and avenues in the City was received and filed. AA protest against the adoption of the proposed "Fly Ordinance" signed by local butchers was received and ordered filed. A communication under date of October 30th,1913, from the Board of Health giving notice that it had increased the salary of the Veterinary and Food Inspector from 4100 to 4125 per month, to take effect October 1St, 1913,was received and read. In connection therewith Mr. Bartlett moved the following:- "That the action of the Board of Health in increasing the salary of the Veterinary and Food Inspector, when no provision was made in the budget by the Council's Finance Committee for said increase, be disapproved; that the Board of Health will have to meet the increase from its present budget allowance and that it be the sense of this Council that no additional funds be provided in the event that said budget proves insufficient to meet the demands of the Health Department for the fiscal year 1913-1914." Mr. Morgenstern seconded the motion and it was carried by the following vote:- Ayes:Councilment Bartlett, Bullock, Hammond, MacRae, Morgenstern, Morris Probst, Roth and Stewart, (9). Noes:None. Absent:None. A communication was received from the Board of Health giving notice that the Secretary of the Board had been instructed to correspond with the City Coun- cil to arrange for the purchase of an automobile for the Sanitary Inspector. Mr. Probst moved that the matter be referred to the Health Committee of the Coun- seconded by Mr. Bartlett and carried. A communication was received from the Board of Health recommending that the closed tank system for supplying water to schools be used. Mr. Probst moved that the matter be referred to the Recreation Commission, seconded by Mr. Morgenstern and carried. A Bill entitled "A Bill for Ordinance No. New Series, to Establish and Enforce Compliance with Sanitary Regulations in all places of the City of Alameda where Food for Human Beings is Manufactured, Kept, Prepared or sold; To Provide Penalties for the Violation of the provisions of this Ordinance," known as the "Fly Ordinance" introduced by Mr. Bullock, October 7th, 1913, was called up by the Clerk for action. On motion of Mr. Probst it was ordered filed. Mr. Bullock moved that the City Attorney be directed to draft a Bill for an Ordinance to give the Board of Health additional power that it desires November 4th, 1913. Bullock, Hammond, MacRae, Morgenstern, Morris, Probst, Roth and Stewart (9). Noes: None. Absent:None. Mr. Hammond, Chairman of the Committee appointed to prepare Resolutions of Appreciation in honor of Mr. E. B. Bullock, for six years Chairman of the Finance Committee of the Council presented Resolutions and asked for authority to have the same framed. Mr. Probst moved that the Committee be given power to have the Resolutions framed, seconded by Mr. Bartlett and carried by the following vote:- Ayes:Councilmen, Bartlett, Hammond, MacRae, Morgenstern, Morris, Probst, Roth and Stewart, (8). Noes:None. Excused from voting: Councilman Bullock, (1). '-\M.r. MacRae reported that in company with the Mayor and several other city officials he had inspected conditions complained of by the Alaska Packers Association, created near their plant on the estuary by discharge from the city sewer. He said that it had been estimated that it would cost about 410,000 to change the line of the sewer and have it empty into the estuary at another point. Mr. MacRae moved that the matterbe referred to the Committee of the Whole, seconded by Mr. Bullock and carried. Mr. MacRae brought up the matter of the desired removal of a spur track on Encinal Avenue near Park Avenue, and moved that the matter be referred to the Public Utilities Committee to take up with the Southern Pacific officials, seconded by Mr. Probst and carried. Mr. MacRae brought up the matter of the proposed improvement of Post Office Court and moved that the City Attorney and City Engineer be directed to institute the necessary proceedings to carry out the work, seconded by Mr. Morgenstern and carried. Mr. Probst moved that the City Attorney be directed to prepare and submit to the Council in writing an opinion as to the life of the protests filed by various persons in the natter of the payment of electrolier asseas- ments, seconded by Mr. Stewart and carried. \ Mr. Probst brought up the matter of recent repairs made by the San Francisco, Oakland Terminal Railways to its road bed across the Webster Street roadway. He said that the repairs were not in conformity with the remainder of the roadway. Mr. Probst moved that the City Attorney be direct- ed to draft and forward the San Francisco, Oakland Terminal Railways a letter notifying that corporation that the recent improvement of its roadbed across the Webster Street roadway does not conform to the general construction of the thoroughfare; that it is unsatisfactory to the City Council and willbe tolerated temporarily, seconded by Mr. Bullock and carried. Mr. Probst brought up the matter of an opinion that the City Attorney had been requested to submit in writing, as to what effect a new Charter would have on certain powers and rights now under control of the municipal government. The City Attorney gave a verbal opinion on the matter and explained that because of the pressure of other duties he had been unable to prepare a written opinion.. Mr. Morgenstern moved that the City Attorney be given further time in the matter, seconded by Mr. Bartlett and carried. Relat.ive to directions aiven him at the Council meeting. October 21st. November 4th, 1913. Wells Fargo and Company were exacting an extra tariff for expressage delivered west of Sixth Street, and that he learned that the extra charges had been dis- continued. Mr. Morgenstern, Chairman of the Park and Playground Committee moved that the City Clerk be directed to notify. the Auditor that the Recreation Com- mission had rerfected organization, seconded by Mr. Probst and carried. Mr. Morgenstern, Chairman of the Park and Playground Committee reported that the Board of Electricity stood ready to install lights in the parks and to expend 000.00 for that purpose, with the understanding that the Board be re- imbursed by the Recreation Commission out of the next budget. Mr. Bartlett moved that the matter be laid over to be taken up at the next meeting of the Committee of the Whole, seconded by Mr. Stewart and carried. V Mr. Morgenstern moved that an invitation be extended to Southern Pacific officials to attend the next meeting of the Committee of the Whole of the Council, Friday evening,NOvember 14th, at 7:30 o'clock, at which time matters concerning the railroad and the city would'be discussed, seconded by Mr. Hammond and carried. Mr. Bullock moved that the Street Committee be requested to attend the meeting of the Alameda Improvement Club, Thursday evening, November 6th, 1913, at which time the proposed widening of Santa Clara Avenue near Webster Street was to be taken up, seconded by Mr. MacRae and carried. The Clark was directed to notify. the Alameda Improvement Club that the Street C.Dia.ittee would attend the meeting of the organization on the date named. There being no further business. to transact, the Council adjourned until its next meeting tim e Tu.ecday evening, November 18th, 1913 t 7:30 o'clock. City Clerk.