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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. 4176 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 4j 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.