1916-11-28 Regular CC MinutesADJOURNED REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA,
TUESDAY EVENING, NOVEMBER 28TH, 1916.
In the absence of Mayor F. H. Bartlett, Council-president E. B. Bullock
presided.
The roll was called and Councilmen Hammond, Morris, Roth, Smith, Stewart
Waiker, Wilkens and President Bullock, (5) were noted present. Absent:Council
man Probst, (1).
Claims against the Street Fund amounting to 54.00 having been approved
and audited by the proper officials were read by the Clerk. Mr. Hammond moved
that the claims as read be paid, seconded by Mr. Wilkens and on roll call
carried unanimously.
The following communications were received:-
1. / From Mayor F. H. Bartlett, stating that he had suspended Ernest
Mayrisch, Deputy Auditor, on November 22nd, 1916. Mr. Stewart moved that the
suspension be sustained, seconded by Mr. Morris and on roll call carried by
the following vote:- Ayes:Councilmen Morris, Roth, Smith, Stewart, Walker
Wilkens and President Bullock, (7). Not voting:-Councilman Hammond, (1).
Absent:Councilman Probst, (1).
2. From Oswald Lubbock, Tax Collector, asking permission to employ
additional help in his office for a week or ten days. Mr. Hammond moved that
the request be granted, seconded by Mr. Walker and on roll call carried
ufanimously.
3. From V. M. Frodden, Street Superintendent, stating that Central Avenue
between Sherman Street and a line 82.50 feet westerly from the westerly line
of Fernside Boulevard had been improved to his satisfaction. Ordered filed.
4. / City Engineer Jamison reported that J. L. Freeman was entitled to a fee
of $110.00 as Inspector on the Central Avenue improvement; that Clark and
Henery Construction Company were entitled to 9091.19 another partial pay-
ment on Central Avenue and that as a final payment, the sum of $16,721.70
was due. Claims for the said amounts were presented and Mr. Walker moved
that they be Paid, seconded by Mr. Wilkens and on roll call carried unanimous-
ly.
Further communications:-
5. / From Water T. Steinmetz, Chief of the Fire Department, stating that
he had granted permission to Harvey A. Klyce to install a 1500 gailon crude
oil tank at the Porter School, subject to the approval of the Council. Mr.
Hammond moved that the action be confirmed, seconded by Mr. Morris and carried.
6. v/ From Auditor F. J. °roll requesting that the books in his office
be experted at once. Mr. Hammond moved that the matter be referred to the
Finance Committee with power to act, and that the experting include not
only the Auditor's books, but all the books in the City Hall, seconded by
Mr. Smith and on rollicall carried,unanimously.
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November 28th, 1916.
7. From Walter H. Cramer offering his services as expert on the books
Referred to the Finance Committee.
From Mrs. Helen A. Cross, inviting the members of the Council to a
discussion of the proposed city charter to be held by the Alameda Centre of
the California Civic League. Mr. Hammond moved that the invitation be accepted,
seconded by Mr. Morris and carried.
9. From Carlos F. DeBerna, Acting Scout Commissioner of the City of
Alameda, asking the Council to be present at a discussion on the subject,
to be held in the rooms of the Alameda Chamber of Commerce. Mr. Hammond mov-
ed that the invitation be accepted, seconded by Mr. Wilkens and carried.
10. /' From the Railroad Commission of the State of California, giving
notice of the re-setting of the hearing of the application of the Pacific
Telephone and Te1egrah Company on the their franchise, granted by Ordinance
No. 30, New Series. Referred to the Public Utilities Committee and the City
Attorney.
11. From the Finance Committee giving a reply to Mayor F. H. Bartlett's
communication relative to two per cent discount Mr. Wilkens moved that the
communication be spread in full upon the Minutes of the Council, seconded by
Mr. Hammond and carried. Here follows the communication.
"Alameda, California.
November 27th, 1916.
To the Honorable, the Mayor
and Council of the City of Alameda.
Gentlemen:
At a regular meeting of the City Council held
ovember 21st, 1916, a communication was received from
Mayor F. H. Bartlett, accusing the Finance Committee of
showing favoritism to the Times Star in not discounting
two per cent from their claims against the City.
Your Finance Committee denies the assertion and
submits a statement of all facts and experiences while dis-
counting under the rule, notice of which was sent to
every person or corporation doing business with the city
of Alam6da, as follows:-
. NOTICE.
Alameda,Cal.Aug.18th,1916.
As all claims against the City of Alameda are being paid
twice a month, such claims will be considered as cash
and subject to discount.
E. B. Bullock,
Chairman, Finance Committee.
Statements of facts brought out by the experiences
under this rule of discount are as follows:-
This rule in many instances was lived up to on the
part of some, who Voluntarily discounted their claims them-
selves, while others your Committee made an arbitrary dis-
count.
The first one to protest the arbitrary discount was
the Alameda Free Library, who, in a letter to the Finance
Committee, claimed that they had been advised by the City
Attorney that the amounts for which their demands were
drawn could not be changed except by the Board of Library
Trustees.
The next protest was from the Union Oil Company and
the Standard Oil Company, also the California Oil Company,
who refused to allow any discount whatsoever.
The next case was Scott, Magner and Miller, Con-
tractors for feed for the Fire Department, whose claims
were discounted, but they refused to allow the same on the
ground that they had contracted to furnish feed at a certain
price and demanded the full amount of their claims. This
discount was afterwards refunded.
The next case was the Times Star Company, who had two
contracts with the City, one for advertising and one for
printing. This firm were notified along with all others
doing business with the City of Alameda that a discount
would be made. Your Committee arbitrarily discounted their
claims the same as all others, which brought forth a
7ricrrirNnQ Yi1,A+AQ+ nn +Inn crrnnnA
"14
November 28th, 1916.
Your Committee realizes that with their experiences
with the above contractors, their claims must be paid in
full, unless it is stipulated in the contract otherwise.
Your Committee has lent its best efforts in saving
money for the city and the Mayor's charges that favoritism
has been shown to the Times Star Company is absolutely
false. The Finance Committee are under no obligations
to the Times Star, nor any other newspaper for favors.
It is not fair for the Mayor to beat the Times Star
over the head of the Finance Committee, as the Committee
is in no way responsible for the hatred existing between
the Mayor and the Times Star.
The facts and mode of discounts the Mayor could
have learned at any time from the Chairman of the Finance
Committee, but he preferred to make a grand-stand play
to the public, thereby injuring the reputation of the
Finance Committee without any justification whatever.
Respectfully submitted,
E. B. Bullock, Chairman
E. J. Probst.
J. H. Wilkens,
Finance Committee."
Mr. Hammond introduced the following Resolution and moved its adoption:-
12. v/ RESOLUTION INSTRUCTION THE CITY ATTORNEY TO PROCEED WITH
THE CONDEMNATION OF THE PROPERTY OWNED BY AUGUST WOLFF,
FOR THE USE OF THE LONGFELLOW SCHOOL.
RESOLVED, That the Council of the City of Alameda hereby
finds and determines that the public interest and necessity
require the acquisition of the real property hereinafter
particularly described for public use; that said public
use consists in the use of all said real property for public
school purposes, that is to say, for the use and benefit
of the Longfellow School now maintained in said City and
known and designated as the "Longfellow School"; and be it
further
RESOLVED, That it is necessary for said City of Alameda to
appropriate, condemn, take and use all of said real property
as part of the recreation or playground for the pupils who
attend said Longfellow School and also for the erection there-
on of additional buildings to be used in connection with said
Longfellow School;
Said real property is described as follows, to wit:
All that lot of land situated in the City of Alameda, County
of Alameda, State of California, bounded and described as
follows, to wit:
Beginning at a point on the Southern line of Pacific Avenue,
distant thereon Westerly six hundred and six (606) feet, six
(6) inches from the line dividing the Aughinbaugh 223 acre
tract from the Chipman West 111 acrertract, running thence
Westerly along said line of Pacific Avenue thirty-four (34)
feet, two and one-4alf (2i) inches; thence at right angles
Southerly one hundred and fifty (150) feet; thence at right
angles Easterly thirty-four (34) feet, two and one-half (2i-)
inches; and thence at right, angles Northerly one hundred
and fifty (150) feet to the point of beginning.
Being Lot No. 24, as said lot is delineated and so designated
on that certain map entitled, "Map of a portion of the Meetz
Property, Alameda, Cal." filed August 19, 1884, in Liber 4 of
Maps, page 23, in the office of the County Recorder of Alameda
County.
And be it further
RESOLVED, That the City Attorney be and he is hereby instruct
ed and directed to commence an action in the Superior Court
of the State of California, in and for the County of Alameda,
for the purpose of securing condemnation for public school
purposes of said real property and to prosecute said action to
final determination.
Mr. Morris seconded the motion to adopt the Resolution and on roll cal it was
adopted and passed unanimously.
Mr. Hammond introduced the following Resolution and moved its adoption:-
13. RESOLUTION ORDERING THE CLOSING OF CERTAIN STREETS.
WHEREAS, the Council of the City of Alameda passed and adopted
a Resolution of Intention No, 745 Lader and by the terms of
which said Resolution said Countil declared and determined
that the public interest and convenience required the taking
of certain land, particularly described in said Resolution
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November 28th, 1916.
WHEREAS, in accordance with said. Resolution and an Act
of the Legislature of the State of California, entitled,
"An Act to Provide for laying out and opening, extending,
widening, straightening, or closing up in whole or in part
any street, square, lane, alley, court,or place, within
municipalities and to take and acquire any and all land
and property necessary or convenient for that purpose."
approved. March 6, 1889, caused the publication of the
notices and advertisements required by law to be published
by the Street Superintendent of said. City, in relation
to said work and improvement; and,
WHEREAS, it appears that said publication was made as
required by law; and,
WHEREAS, it further appears that the Street Superintendent
caused to be conspicuously posted notices of public work
under said Resolution of Intention as required by law; and,
WHEREAS, it appears from the records on file in the office
of the City Clerk that no objections were filed against
said work or improvement as provided by law, or at all,
now, therefore be it
RESOLVED, that the following described streets and highways
are hereby closed and abandoned and closed up for street and
highway purposes as follows, to wit:-
1st. All that portion of Clement Avenue included within
lines described as follows: Beginning at the southwesterly
corner of Clement Avenue and Hibbard. Street and running thence
along the present southerly line of Clement Avenue, N. 610
21'W. 72.00 feet to the line dividing the marsh land from
the high and dry land as surveyed by the Pacific Improvement
Company; thence along said line S. 760 4'E. 105.46 feet;
thence S. 76° 53'W. 40.22 feet, to the point of beginning.
2nd. All that portion of Paru Street included within
lines described as follows: Beginning at a point on the
westerly line of Paru Street 91.05 feet northerly from
the northwesterly corner of Paru Street and Eagle Avenue
and running thence along said line of Paru Street, N.
28° 39 E. 155.37 feet to the line dividing the marsh
land from the high and dry land as surveyed by the Pacific
Improvement Company'; thence along said line, S. 760, 4'E.
62.04 feet to the easterly line of Paru Street; thence
along said line, S. 28° 39'W. 138.52 feet; thence N.
890 52'W. 68.29 feet to the point of beginning.
3rd. All that portion of Nautilus Street included with-
in lines as described as follows:- Beginning at the
northwesterly corner of Nautilus Street and Eagle Avenue
and running thence along the westerly line of Nautilus
Street, N. 280 39'E. 173.92 feet to the line dividing the
marsh land from the high and dry land as surveyed by the
Pacific Improvement Company; thence, along said line, S.76°
4'E. 62.04 feet to the easterly line of Nautilus Street;
thence along said line, S. 280 39'W. 189.68 feet to the
northerly line of Eagle Avenue; thence N. 61° 21'W. 60
feet to the point of beginning-.
Mr. Walker seconded the motion to adopt the Resolution and on roll call
it was adopted and passed unanimously.
A BILL entitled
"A BILL
For Ordinance No. New Series.
Adding a new Section to the Municipal Code Relating to
the Manner of COnducting Sale of Intoxicating Liquors."
came up for passage and was read by the Clerk. Mr. Smith moved that it be
adopted, seconded by Mr. Morris and on roll call adopted unanimously.
A Bill for Ordinance entitled
"A Bill
For. Ordinance No. New Series.
Establishing a Water-Front Zone in the City of Alameda
and Prohibiting the Laying or Placing of Electric
Wires or Cables in, upon, over or under the Lands in
said Zone withour Permission, providing for the issuance
of Permits and Providing a penalty for the Violation
of Any Provisions hereof."
November 28th, 1916.
A Bill entitled
"A BILL
For Ordinance No. New Series.
Providing for the Acquiring 11 the City of Alameda
of Certain Real Property for the Use and Benefit of
the Municipal Electric Plant. "
was introduced and laid over under a provision of the Charter.
14. / Mr. Hammond moved that the Clerk be authorized to procure necessary
cords and lamps for the purpose of lighting the election booths, the
same to be attached to electroliers adjoining the booth, seconded by Mr.
Wilkens and on roll call carried unanimously.
15. / Mr. Hammond moved that the matter of the improvement of Works Street
be referred to the Street Committee. Mr. Harrison Robinson of the Union
Iron Works Company, addressed the Council and urged the improvement. Mr.
Wilkens moved, seconded by Mr. Hammond and carried, that the matter
of macadamizing of the street be laid be laid over until the Street
Committee submits its report.
16. / Mr. Wilkens moved that the Auditor be allowed to procure necessary
help in his office while the exporting of the books is carried on, second-
ed by Mr. Walker and on roll call carried unanimously.
17. Mr. Wilkens urged that the road on Bay Farm Island be improved,
and moved that the matter be referred to the Street Committee and. City
Engineer to report back to the Council with an estimate of the cost
of the work, seconded by Mr. Morris and carried,
18. Council-president Bullock stated that there was no heat Saturday
afternoons and Sundays in the police office. Mr. Hammond moved that the
matter be referred to the Public Buildings and Grounds Committee with
power to act, seconded by Mr. Walker and carried.
There being no further business to transact the Council adjourned
to meet in regular session Tuesday evening, December 5th, 1916, at 8
o'clock.
Respectfully submitted,
City Clerk.