HomeMy WebLinkAboutMinutes - October 28, 1953273
CITY COUNCIL, CITY OF LODI
COUNCIL CHAMBER, CITY HALL
ADJOURNED MEETING
OCTOBER 28, 1953
This meeting of the City Council of the City of Lodi,
regularly adjourned from October 21, 1953, in accordance with
_
the provisions
of Section 36811 of the Uovernment Code, was
held beginning
at 8:00 o'clock p.m. on Wednesday, October 28,
1953; Councilmen Hillman, Preszler, Rinn, Robinson and Richey
(Mayor) present; none absent.
Action on
the minutes of the previous meeting of October
7, October 12 and October 21, 1953, was deferred until the
next meeting.
BLAKELY PARK
A Certificate of Completion for the Public Rest
REST ROOMS
Roonis at Blakely Park was received from the City
COMPLETE
Engineer. On the motion of Councilman Robinson,
Hillman second, the Council voted to accept the
work as complete.
A petition requesting the annexation of 10.69
PETITION
acres lying east of South Fairmont Avenue and north
ANNEXATION
of the extension of Vine Street, signed by Daniel
EHRHARDT ADD.
Ehrhardt, Katherine E. Ehrhardt, and Jay S. Abbott,
was presented by the City Manager. The request is
RES. ,71775
for annexation as uninhabited territory. Resolu-
ADO?TED
tion No. 1775, declaring the intention of the City
Council to annex the territory, was a-dopted on the
motion of Councilman Preszler, Rinn second. Public
hearing on the proposed annexation was set in the
resolution for December 2, 1953.
In accordance with the action taken by the Council
AWARD
at its October 7, 1953, meeting, the Purchasing
PRISONER
Agent submitted a tabulation of informal bids
VAN
received for the purchase of a prisoner van for
the Police Department. The following bids were
received for the panel truck which must be con-
verted to serve as the prisoner van:
Loewen Auto Co. 41,474.70
Krieger Motor Co. 1,575.00
L. G. Brown 1,642.66
The conversion was priced at $1296.95. The City
Manager recommended the acceptance of the bid by
Loewen Auto Company as the lowest responsible bid.
On the motion of Councilman Rinn, Hillman second,
the Council voted to approve the recommendation
of the City Manager.
CLAIiIKS
Claims in the amount of ;-106,247.09 were approved
on the motion of Councilman Preszler, Robinson second.
ORDINANCE NO. 498, "AN ORDINANCE AMENDING ORDINANCE
ORD. NO -498
NO. 493, ENTITLED 'AN ORDINANCE OF THE CITY OF LODI
ADOPTED
REGULATING TRAFFIC UPON THE PUBLIC STREETS AND
REPEALING ORDINANCES NOS. 64, 137, 222, 233, 446 AND
PROHIBITS
ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CON=
OVERNIGHT
FLICT HEREWITH", having been regularly introduced
PARKING
on October 7, 1953, was brought up for passage
on the motion of Councilman Robinson, Hillman
second, second reading omitted after reading by
title. NIr. Karl Niedan, 616 Test Pine Street,
addressed the Council from the audience to protest
274
.4nutes jf October 2b, 1953 continued
that this ordinance would affect 500 to 600 cars
in the City that have no other place to park at
night. He stated that he thought the people in
the City were satisfied with the streets as they
are cleaned at the present time, and the Council
should leave well enough alone. Mr. Meller read
the excerpt from the Council minutes of October 7
pertaining to the discussion preceding the intro-
duction of Ordinance No. 498. Councilman Rinn
stated that it is not the intent of this ordinance
to go out and tag every car that is parked on the
City streets at night, but rather to correct those
instances where parked cars are a traffic hazard.
He pointed out that the streets are not provided
for parking but were provided for the movement of
traffic and moving it safely. Councilman Preszler
stated that he was in favor of the prohibition of
overnight parking in the downtown area, but felt
that once the ordinance was adopted it could be
enforced everywhere in the City and he was opposed
to the Drohibition of overnight parking in the
residential areas. Ordinance No. 498 was then
adopted by the following vote:
AYES: Councilmen - Hillman, Rinn, Robinson
and Richey
NOES: Councilmen - Preszler
ABSENT: Councilmen - None
Mayor Richey then signed Ordinance No. 498 in
approval thereof.
At this time Mayor Richey called for all persons
STATE ::1 shing to address the City Council on any matters,
ACQUISITION other than the Lake Park question, to do so at
OF LODI this time. There being no other business, Mayor
LAKE PARK Richey moved on to the public hearing on the ques-
tion of the acquisition of Lake Park by the State
Division of Beaches and Parks. Mayor Richey intro-
duced Dr. Robert Burns, member of the State Park
Commission, and Mr. Clyde L. Newlin, of the Division
The City Manager explained that the 51st Addition
RES. }1774
had been annexed to the City of Lodi effective
ADOPTED
October 6, 1953, but a resolution from the City
Council was necessary to withdraw the territory
WITHDRAWAL
from the Woodbridge Rural Fire Protection District.
OF 51ST
he pointed out that the territory was entitled to
ADDITION
fire protection from the City Fire Department now,
FROM
and as part of the City the property would be taxed
W.R.F.P.D.
to support the City's Fire Department. He added
that the owners of property in the annexed area
would by paying a double tax for fire protection.
Air. Sherwood Beckman addressed the Council to ask
if it is right for the City Council to simply
withdraw territory from the Fire District thereby
crippling the District. It was explained that the
property owners petitioned the City Council for
annexation, and after annexation there was no
point in these property owners paying for fire
Drotection to both the City and the District.
it was also pointed out to Mr. Beckman that prior
to the 1953 Legislature the withdrawal from the
fire protection district was automatic upon annexa-
tion. On the motion of Councilman Preszler, Rinn
second, the Council voted to adopt Resolution No.
1774, declaring the withdrawal of the 51st Addi-
tion from the Woodbridge Rural County Fire Protec-
tion District.
PUBLIC
HEARING
At this time Mayor Richey called for all persons
STATE ::1 shing to address the City Council on any matters,
ACQUISITION other than the Lake Park question, to do so at
OF LODI this time. There being no other business, Mayor
LAKE PARK Richey moved on to the public hearing on the ques-
tion of the acquisition of Lake Park by the State
Division of Beaches and Parks. Mayor Richey intro-
duced Dr. Robert Burns, member of the State Park
Commission, and Mr. Clyde L. Newlin, of the Division
Minutes of October 28, 1953 continued P75
o:" Beaches and Parks. Mayor Richey then outlined
the actions and events leading up to the present
public hearing on the subject. Mr. Floyd Journeay
asked if the residents of the rural area would be
granted a hearing at this meeting, or was it con-
ducted solely for the residents of the City of
Lodi. Mayor Richey replied that a previous meet-
ing had been held at which the rural residents had
been invited to present their views, and the present
meeting had been called to bet the views of the
residents of the City of Lodi; however, she added
that the rural residents would be allowed to speak.
Mr. Journeay then asked if question of the use of
the water behind the Woodbridge Irrigation District
Dam had been resolved. The question was referred
from Mr. Newlin to Mr. Sherwood Beckman. Mr.
Beckman replied that he had not been contacted
by the State since the last meeting. Dr. Burns
stated that the Division of Beaches and Parks has
experienced very little difficulty in working out
agreements with irrigation districts. Mr. Beckman
stated that the k`.I.D. has been cooperating with
the City of Lodi on matters relating to storm
drainage and recreation, but it could not afford
to give away its water basin which acted as a
cushion for irrigation. He then asked whether
the W.I.D. would be subject to an increase in
liability due to greater use of the park and the
river. Dr. Burns replied that it is uppermost in
the minds of the Park Commission to Drovide certain
protections, and that the experience of the Divi-
sion regarding accidents has been very good. In
answer to several questions regarding the price to
be paid for land acquired, Dr. Burns outlined the
procedure of hiring three appraisers to conduct
three separate and distinct appraisals, working
from the lowest appraisal (possible to go 10%
above appraisal figure) and turning to condemna-
tion action only as the last resort. Dr. Burns
added that there have been very few condemnation
suits (approximately 1 in 200) as a result of
park acquisition. Mr. George Hughes protested that
if the figures given in the first estimate were
correct, the property to be acquired would have an
average value of something over 000 an acre. He
felt that this was too low for this land. Mr.
Journeay asked if it would be possible to complete
the appraisals before action is taken by the City
Council. Dr. Burns replied that the appraisals
were very expensive so the State would not spend
this money unless it was reasonably sure that it
would get the park. He also stated that he did
not believe the City Council could recall its
action, if it found that the prices offered were
not acceptable to the property owners. Miss Amy
Boynton spoke in favor of the State acquisition,
saying that the park was overcrowded at present,
the City was unable to finance the necessary ex-
pansion, but that the offer from the State does
present the means of expansion. Mr. George Hughes
replied that the Park is not overcrowded, that it
would be adequate with proper management, people
would still use the present area rather than go
UD river to sit on boggy ground; he also stated
that the City Council has no right to deed the
park to the State since the park was given to the
citizens of Lodi and not to the City Council,
that the question is of sufficient import to
warrant placing the question to the vote of the
276
76 i1.inutes of Jctober 2$, 1953 continued.
people, and that the State changes its rules and
regulations and the people can be certain that t«ey
are going to be charged for use of the State park.
Mr. Tolliver stated that he felt that people
tended to look too close to their doors rather
than looking to the future. He added that he
felt the City would be making a mistake if it -
failed to accept the offer from the State. Mr.
J. N. Ballantyne stated that the water rights
were extremely important to the property owners
along the river. Mr. Journeay stated that he was
quite concerned about the possibility of changing
the course of the Mokelumne River. Mr. Newlin
replied that throughout the process of develop-
ment of parks the Division works very closely
with the people concerned, and that any change
in the course of the river would only be accom-
plished after approval had been received from
the proper State agencies. Mr. Lipelt stated
that he owned five acres of land bordering the
river which land he was in the process of sub-
dividing at considerable expense. His subdivi-
sion includes a private beach for the use of the
residents of the subdivision. He asked if the
State would permit the continued private use of
this beach if the land were purchased by the State.
Dr. Burns replied that he doubted if this arrange-
ment would be possible. Mr. Van Buskirk addressed
the meeting to urge confidence in the elected
officials as members of the representative form
of government. Councilman Rinn then stated that
since it was his understanding the only way to
proceed with the appraisal of property was for
the City Council to inform the State Division of
Beaches and Parks of the Council's willingness to
deed the Lake Park to the State, he would move
RBS. /1776 the adoption of Resolution No. 1776, declaring the
ADOPTED intention of the City Council to grant such a deed
to the State. Councilman Robinson seconded the
motion, saying that he believed the questions and
fears expressed here would be resolved to every-
one's satisfaction. The motion was passed by a
unanimous vote.
The meeting was adjourned on the motion of
Councilman Rinn at 10:25 p.m.
ATTEST: 1d
�Z,
Clerk