History of Alameda County, California : including its geology, topography, soil, and productions, Part 81

Author: Munro-Fraser, J. P
Publication date: 1883
Publisher: Oakland, Calif. : M.W. Wood
Number of Pages: 1206

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"Gillespie, who is considered an authority, says, 'Suppose the road to be already in condition, that is, in proper shape and free from holes, ruts, mud, and dust, to keep it so requires two fundamental operations: First, the continued removal of the daily wear of the material, whether in the shape of mud or dust; and, Second, the employment of materials to replace those removed. The number of men required by this system of constant watchfulness may at first seem an objection to it, but the expense will be amply repaid by the advantages obtained. The labor of one man will keep in repair three miles of well-made and well-drained road for the first two years after its forma- tion and four miles for the next two years by constantly spreading loose stone in the hollows, raking them from the middle to the sides, opening the ditches, etc.' Gilles- pie's experience has been in a country where the agencies of the weather have been much more destructive to macadamized roads than in ours, being subjected to the frequent rains of summer and frosts of winter, hence it is but reasonable to presume that a macadamized road can be kept in proper condition for much less expense in a climate like this of ours. Therefore, in view of the fact that a roadway may be kept in constant repair at less expense by a little well-directed care and attention, I would recommend that provision be made whereby the Marshal may be provided with the necessary means to accomplish this end."

Under the head of street-lines and grades the Mayor "would recommend that a plan of streets and system of grades be established as early as practicable for the territory recently annexed to the city .* Any improvements that are hereafter made should conform to the general plan, and it is evident that any delay in this important work will only complicate the satisfactory adjustment of the various questions which always present themselves in the solution of this intricate problem. To establish a plan, street surveys should be made to locate all the streets that have been laid out and opened by the property-owners, and where no streets have been laid out the property line should be accurately shown. The data thus obtained should be shown upon a map and a plan of streets should be projected by the Council after due notice to all parties concerned.

"After the plan has been' adopted levels should be run through all the streets ; profiles should also be made of the streets, and monuments set at the intersection of such streets as the city engineer may propose. With the data thus obtained a system of grades should be devised that would provide surface and sewer drainage for the whole territory, and at the same time accommodate itself as near as practicable to the topography of the ground. It is important in connection with this subject that your attention should be directed to the following facts which have been furnished me by the city engineer, T. J. Arnold.

"During the heavy rains of the past winter a large area of ground in the vicinity of Twenty-first Street, and extending from Lake Merritt westward to the bay, was submerged for a considerable length of time. A very large portion of this water came from without the city limits where it had been diverted from its natural channels by the construction of roadways without proper outlets. The natural water-shed north of the city slopes towards the bay, several streets, how- ever, and notably San Pablo Road and Telegraph Avenue have been graded in such

*Lands annexed to the city April 1, 1872, referred to more fully hereafter.

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a manner as to obstruct the material flow of the water and force it into the low ground near the old charter line. A part of the water which caused the damage upon Mr. Booth's premises east of Broadway, came along Telegraph Avenue from a point within two hundred yards of Temescal Creek. It seems that special effort should be made to correct this evil before the approach of another winter. A part of the territory which supplied the water has been annexed to the city and it may be that improvement will be made during the summer that will relieve the difficulty, if the grades are promptly and properly established. It will, however, be necessary that the Supervisors of the county, or the district roadmaster, should provide water-ways between the present city limits and Temescal Creek. This is a matter of sufficient consequence to warrant a special effort on your part to meet and if possible overcome the difficulty.

"I will call your attention to the necessity of re-macadamizing Broadway from Fourteenth Street to the water front. It is important that this work should be done soon, or at least before the advent of another winter. It must be apparent to you that as it now is it compares very unfavorably with other streets of much less impor- tance."

On December 2, 1872, the numbering of houses was ordered by ordinance; while the Council proceeded with a will to general improvement of the thoroughfares. In May, 1873, these are remarked by Mayor Spaulding in the following words: "The most notable feature of our city improvements during the past year is the signal bet- terments which are shown upon our streets. The City Marshal's report shows that there has been during the year eleven miles and three thousand two hundred and forty-five lineal feet of streets graded, curbed, and macadamized, at a cost to the prop- erty-owners of ninety-eight thousand one hundred and twenty-four dollars and eighty- nine cents; also that there has been constructed seven miles and nine hundred and twenty-five lineal feet of sidewalks and crosswalks, at a cost of sixteen thousand nine hundred and forty-three dollars and forty-one cents. Our streets now show, for the first year since they emerged from the dust and ashes of their primitive barbarity, that decent respectability for which they have so long and patiently struggled. Their appearance does tolerable justice to the character and enterprise of our people; they now afford as pleasant walks and as delightful drives as can be found in any city on the shores of the Pacific. While it is with pleasure we comment upon the splendid improvements made upon our streets, I deem it right and just to state in behalf of the people, whose servants we are, that we have neglected a very important duty, one for which the Council cannot hold itself blameless. It is the matter of keeping our streets in repair. In my former communication I urged at length this important measure. I urged it then, and I now urge it again, on the strong ground of economy. It is painful to note that, after all the generous expenditures of money that have been employed in bringing our streets from their almost impassable condi- tion of but a few years since, to their present state of excellence, that no system has yet been adopted for keeping them in repair. The old adage that 'a stitch in time saves nine,' may, with the greatest propriety, be applied to our public streets. They are suffered to be dug up by 'Tom, Dick, and Harry' for 'this, that, and the other' cause. The macadam broken up and replaced without regard to 'how or where,'

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regardless of law or ordinance regulating these matters. As a matter of economy alone, our macadamized roadways should have constant and intelligent care. A sys- tem of repairs should be inaugurated for this purpose, without further delay. All species of vandalism and unlawful spoliation should receive that kind of attention that will be most likely to prevent its recurrence. The streets should be kept clean, the gutters free and clear from all obstructions, all depressions should be promptly leveled up, etc. A team and all necessary implements should be provided for the purpose. By a little well-directed, prompt, and judicious action on your part the excellent condition of our streets (which are now a credit to the city) may be contin- ued from year to year with but trifling expense. Otherwise, if the unlawful spolia- tions, the accumulation of dust and filth are allowed, and the ruts and holes to go unrepaired, they will go on from bad to worse until they become no longer endura- ble, when the cry will be raised for a general repairing, which will cost a great deal more and give much less satisfaction than the continued system, which I have for- merly and now again recommend. The plan which has been adopted, and in a meas- ure carried into effect, for the improvement of our sidewalks, has met with such uni- versal favor that I deem it unnecessary at this time to make any further recommen- dations concerning them. The large number of trees which have been planted along our thoroughfares shows a sensible and praiseworthy effort on the part of our people to make their homes pleasant and attractive, as well as enhance the value of their property, and certainly it cannot be otherwise than devoutly wished that their patri- otic example will in the future be more generally followed.

"I desire to call your special attention to the embarrassing and vexatious ques- tion of opening streets. The law, which should direct in such matters, and which should be so plain that it could be susceptible of but one interpretation, has been found so ambiguous that the efforts to open streets where such work was emphatic- ally necessary, has in most cases been abortive; in some cases creating expensive liti- gation, engendering confusion and discord among the people, besides bringing the Council into contempt in its endeavor to do the people's will. I therefore would rec- ommend that you suspend further action in all such cases until such time as some of the pending cases can be taken to the Supreme Court for final decision."

As the city increased in population, property-holders found it to their advantage to open streets by compromise among themselves, and in every case, or nearly so, where the law for the opening of streets was resisted in the Courts the city was defeated. The constitutionality of the method provided for the assessment of dam- ages and benefits had frequently been argued, but the decisions were uniformly based upon points which, to non-professional men, seemed to be of minor importance. Fatal irregularities were discovered in the proceedings of the Council, or of the Com- missioners who made the assessment. In a few instances parties consented to the opening of streets under proceedings instituted by the Council, because the amounts involved were not sufficient to justify litigation, or because those affected were satisfied with the justice of the assessment, and desired the improvement to be made. In some localities, again, these were greatly retarded from the lack of suitable streets, and property-owners that resisted such improvements in any spirit of captiousness harmed themselves more than they did others. While on this subject, Mayor Webber,

Joseph Lancaster

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under date February 28, 1876, says: "I do not think that the Council should hesitate to inaugurate proceedings when it is evident that an improvement should be made. We do not know that there is any valid defect in the law, and we should presume it to be sound, and attempt to comply with its requirements. The acceptance of streets is a subject that had frequently been brought to the attention of the Council, but upon which no definite action had been taken up to that time. Section Twenty of the law authorizing the city to improve streets, provides that the Council shall accept those improved according to such regulations as it may have adopted, and that the cost of improvements and repairs on said streets thereafter shall be paid out of the Street Fund. The Marshal is required to keep a register of all accepted streets. No streets have ever been accepted under this statute, and the city has no authority to expend money for repairs. The law is somewhat obscure, and extreme caution is necessary, for any mistake now might entail upon the city the cost of a class of improvements that should be paid by the property which they benefit. It is no more than equitable that the city should stand the expense of re-macadamizing a street, where the original improvement has been worn out by the public, but it would be highly unjust to require the city to construct a pavement more valuable than the orig- inal one. If the city, under the law, accepts streets without incurring any liability other than I have mentioned, such action should be taken."

On April 24, 1876, an ordinance was passed authorizing the construction of a bridge across the estuary of San Antonio, between Eighth Street and East Ninth Street, and fixing the dimensions thereof. On the same date the name of Middle Street was changed to Ninth Street; and on November 27th the contract for building the Eighth-street Bridge was awarded to the Pacific Bridge Company, at thirty thou- sand dollars.

After the burning of the City Hall on August 25, 1877, a certain faction of the citizens of Oakland conceived the brilliant idea that now was the proper time to open Washington Street to the San Pablo Road. By so doing the line of the street would necessarily run through the City Hall lot, to which the City Council most naturally demurred. Meetings were held; some considerable feeling on the subject was engen- dered; letters were written to the Council reflecting upon their ideas in the matter; indeed, several pseudonymous letters were received by that body bearing on the affair. Eventually it took a tangible shape, and at their meeting held September 21, 1877, President Walter stated that they were ready to hear from the Committee appointed to confer with the Council relative to the opening of the street. Mr. Flint, as chairman of the Committee, read the resolutions adopted by the Merchants' Exchange and presented petitions from property-owners on Washington Street, and from citizens, in favor of the opening of said street; also submitting a proposition to buy the city's property, affected by the opening, for twenty thousand dollars, and for the improvements on the same ten thousand dollars, equal to thirty thousand dollars, cash, as soon as the city was ready to sell. Discussion here ensued relative to the proposition, and remarks were made by Councilmen Miller, Sohst, and Citizens Reier, Wetmore, Emerson, and Flint, after which the question was taken under advisement.

Let us now refer to the actions on record in regard to Lake Merritt, that beautiful sheet of water which is so justly a source of pride to the residents of Oakland. It had

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HISTORY OF ALAMEDA COUNTY, CALIFORNIA.

long been under the fostering care of the Council and citizens of the city. A very large extent of country is drained by the lake. On February 21, 1870, an ordinance was passed having for its purpose the prevention of the destruction of fish in it. It then was left in repose, save by the whipping winds, until February 9, 1874, when some hard-hearted individual attempted to dub it with another appellation, which very properly called forth a strong protest against it from the City Fathers. Lake Merritt had, however, met with a more formidable enemy in the shape of the Tide Land Commissioners. In the month of February, 1873, they appeared to have a settled determination to sell the tide lands in its vicinity, but some of the public citi- zens of Oakland-who are never weary in well-doing-circulated the following petition in the hope that the Commissioners would leave them that indispensable piece of property:

"TO THE BOARD OF TIDE LAND COMMISSIONERS-Gentlemen: The undersigned citizens of Alameda County respectfully protest against the threatened spoliation of Lake Merritt, by the sale of any portion thereof.

"The area of said lake is a natural tidal basin, the larger portion of which was formerly bare at low water. The part lying within the corporate limits of Oakland was long since abandoned to public use, and a large sum of money (say thirty thou- sand dollars) has been expended in building a permanent dam with tide-gates, so that said basin can be kept full, or may be partially emptied when desired.

" The lake is indispensable for drainage purposes to much of the surrounding country, including the entire city of Oakland; and the sewerage system of Oakland, as recommended by eminent engineers and adopted by the city, depends upon the waters thereof as confined by the dam. The area of the part of the basin outside of the city limits is about fifty-five acres, and if this should be filled-the bottom being deep, soft mud-it might convert the lake into an insupportable nuisance, or destroy it as a tidal basin for the purpose of drainage and sewerage, as described.

"The tidal basin of said lake also constitutes an important feature in the con- templated improvement of the estuary of San Antonio, for the purpose of navigation and commerce. We, therefore, respectfully but urgently petition your Honorable Body to abandon the portion of Lake Merritt belonging to the State, as a basin for the purpose of drainage and commerce, as provided in Section Two of the Act of 1870, or to withdraw the same from public sale, as provided in Section Nine of the Act of 1868."

In his message of February 28, 1876, Mayor Mack Webber states in regard to the improvement of Lake Merritt: "By your direction temporary repairs have been made to the Lake Merritt dam. As long as the present structure can be maintained with a moderate outlay for repairs, it is not necessary to construct one of a more permanent nature: whenever replaced it should be by one that will last for all time. It is to serve a double purpose: It gives us a beautiful lake and has made possible the construction of the main sewer, just completed. [This work we shall treat of presently.] The dam and roadway should be combined in a single structure, there by saving a needless expenditure when it shall become necessary to build another bridge.

" There is at present a roadway running by the margin of the lake on its eastern

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side. This should be continued around it and connected with Webster, Harrison, or Alice Streets.

" I recommend that the Council take suitable steps to open a street over the designated route and cause the same to be improved, if it can be done under existing laws. This can easily be made one of the most magnificent water parks in the world. A moderate amount of dredging would deepen the water so that sail-boats could navigate any part of it, and also furnish material for the construction of one or more artificial islands. The completion of such a work would increase the reputation of our city and doubtless attract to it large numbers of gentlemen of fortune, who, by the erection of costly houses, would add to the general wealth and prosperity. It would be equally important to thousands of our citizens, who would indulge in the pastime of boating if the navigable area of the lake were not so circumscribed as at present. Works of this nature cannot fail to exact a powerful and beneficial influence in favor of the community that have the energy and good taste to project them."

Most of these improvements have been carried out; while, on a fine afternoon or. moonlight summer's evening, no more animated view is to be seen than the white- winged boats flitting hither and thither, loaded with a merry freight of laughter-loving youths and maidens.

In the year 1870 the Webster-street Bridge was built. In this matter, at the meeting of the Council held February 21, 1870, Mr. Spaulding offered the following resolutions: .

WHEREAS, It has come to the knowledge of this Council that there is dissatisfaction among the residents and property-owners of Brooklyn and San Antonio respecting the action taken by this Council in the matter of giving their sanction for the passage of a law for the construction of a bridge at the foot of Webster Street to connect with Alameda; and

WHEREAS, It is not the wish nor desire of Oakland or its representatives to obstruct or in any way to impede the progress of our neighboring towns; therefore be it

Resolved, That the citizens of Brooklyn, San Antonio, and Alameda, by their representatives, be requested to meet this Council at their rooms at half-past seven o'clock P. M. on Friday evening, February 25th, to show wherein or how they will be injured or benefited by the construction of a bridge at the point above named.

This special meeting was called, but in the mean time a protest was received from Brooklyn Township to thefollowing effect: "At a meeting of the citizens and property- holders of Brooklyn Township, held at Swett's Hall, Wednesday evening, February 23, 1870, the following resolution was unanimously adopted, and the Secretary of the meeting was instructed to present a certified copy to the City Council of Oakland on Friday evening, February 25th:

Resolved, That it is the opinion of this meeting that the construction of a bridge over the San Antonio Creek will be detrimental to the inhabitants of Brooklyn Township in an eminent degree; also injurious to the interests of the county in general, by the creation of a very costly structure to be foisted upon the county at great expense for the care and keeping the same in repair.

A printed protest was also received from thirty-three citizens of Oakland, to the following effect: "The undersigned hereby protest against the erection of a bridge across San Antonio Creek, as is now proposed by parties in Alameda. In our esti- mation a bridge would seriously obstruct navigation and impose unnecessary expense upon Oakland. We would suggest that the proposed connection, if necessary, be made solely at the expense of residents of Alameda, and by road and ferry only, in

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accordance with the original proposition." In furtherance of the subject, on February 28th, citizens of Alameda and Brooklyn being present, on motion of Mr. Van Dyke, these were invited to express their views on the bridge question. The Council hav- ing listened to the remarks, pro and con, Mr. Folger offered the following resolution:

Resolved, That the City Clerk be authorized to communicate with Messrs. Calvin Brown, George E. Gray, and A. F. Rogers, and ask them to give this Council, on or before Monday, March 7, 1870, their opinion of the effect that the erection of a bridge across San Antonio Creek, especially as affecting the depth of water therein, and that the opinion of any other scientific gentlemen on the subject, who may favor us with the same, will be cheerfully received.

These gentlemen in due time sent in their reports, all being at one on the subject. What these views were, the following excerpt from the report of Mr. Rogers will inform the reader. After generalizing on the subject of bridges in general and draw- bridges in particular, and explaining the trouble attending the passage through, whether it be during the day or night, at all stages of the tide, he goes on to say: "San Antonio Creek, at the foot of Webster Street, is ten hundred and fifty feet wide, with a depth in the channel of ten feet at mean low tide; going east this depth is increased, near the junction of the Lake Merritt arm with the main creek, to over twenty feet, probably the junction and combination of both tidal streams at this comparatively narrow point. Going west the depth varies from ten to eighteen feet, never less than ten or over eighteen, until the waters are freed from the banks of the creek and enter the bay of San Francisco, and, spreading, lose their identity and force; too sluggish, any longer, to scour, they rapidly deposit sediment and add to what is known and felt as the Oakland Bar. The effect of accelerating or retarding the current is, I think, curiously and plainly marked by increased or diminished depths at several points in its course between the localities I have named.

" The effect upon the channel of throwing a pile-bridge across it at the point pro- posed would be serious; it would, I think, make it only a question of time when the draw would be useless; sediment would be deposited under the bridge, eddies formed around it, the current retarded, and gradually, but surely, the process of filling up would be extended both above and below the structure. This is so palpable a fact that I am sure any engineer who has looked at the effect of throwing wharves into, or bridges across, tide-waters, will corroborate the statement. I repeat that the effect would be to shoal the water both above and below the bridge, and I think that I may say so thus positively without the fear of honest contradiction.

" In order properly to estimate the value of the San Antonio Creek to Oakland, Alameda, and Brooklyn as a navigable channel, we must look back and ask what these places would have been without it; the creek channel as nature made it and entirely unimproved, afforded the opportunity, and the only opportunity, in early days, of combining a San Francisco business with an Oakland residence; this combination built houses by the thousand in Oakland and vicinity when there would otherwise have been to-day but tens to count. This route thus furnished the incentive to build a powerful rival and has afforded the only means since to prevent that rival from greatly abusing its power!

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History of Alameda County, California : including its geology, topography, soil, and productions, Part 81

Author: Munro-Fraser, J. P Publication date: 1883 Publisher: Oakland, Calif. : M.W. Wood Number of Pages: 1206

Author: Munro-Fraser, J. P
Publication date: 1883
Publisher: Oakland, Calif. : M.W. Wood
Number of Pages: 1206