HomeMy WebLinkAboutMinutes - December 6, 1939151
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.lE uR S9A't, '7EC M—MER 6, 1939
The City Council of the City of Lodi met in regular session at 8:00
o'clock P.E. of '4ednesday, December 6, 1939, Councilmen Clark, Graffigna,
Spooner, "reihe and Steele (Payor) present, none absent.
The minutes of the last meeting held November 15, 1939 were read,
approved as read and so endorsed by the L:ayor.
Public Hearings: Lir tains W. Hunter representing the Veterans of
Foreign Tars asked that, in the consideration of a building program for
recreational purposes, the proper provision be made for a public auditorium.
The Clerk presented the a'fidavit of the principal clerk of the pub-
lisher of •ihe Lodi Tines" in proof of the proper publication of " Notice of
Intention to Grant Franchise" as directed by Resolution No. 1010 of the
City Council adopted November 15, 1939 and the L ayor announced that the meeting
was now open to the presentation of objections to the granting of such franchise.
The Clerk reported that no protests had been filed with him and no persons
appeared at this time to present objections. Further action in the natter
was laid over, to be taken up later in the meeting.
Co.—_unications: A letter from Central California Traction Company stating
that any attachments of Holiday Decorations to that Company's poles or tires
was without their consent and denying any liability therefore was read and
ordered filed.
A letter from the State Compensation Insurance Fund promising a rate
reduction in premiums amounting to 8.8-1 was read.
Notices of applications for liquor licenses filed after the last meeting
of the Council !here received from the State Board of Equalization. No protests.
he 'Payor presented and had read, a letter from a committee of local
citizens with an accompanying resolution, asking that consideration be given
to adequate quart^rs for girl's recreational facilities if and when the "3oys
Club" building was erected.
C^unciL^an Earvey S. Clark reported that the Civitan Club requested delay
until the next meeting of the Council for the presentation of their plan for
a recreational center.
L:onthly reports of the Chief of Police and of the City Poundmaster were
received, read and ordered filed.
In the matter of the petition of Henry & Clga Zilke for the abeadonment
of az alley in " Zilke Subdivision", the Clerk reported that the City Planning
Commission at its meeting of November 21, 1939 had -Made no objection to such
abandon.ent, and on motion of Councilman Graffigna, seconded by CeunciL^,an
',..ihe, Resclution i,o. 1012 r.as introduced, read by the Clerk and passed and
adopted by the follcraing vote.-
An -3: Cnur_ciL:.en, Graffigna, .1eihe, Clark, Spooner and Steele.
NOES: Councilmen, None.
ABSM T: Councilmen, bone.
R7S.^^LTJTT_ON 17,0. 1012.
^SCLUTICN.' T)ECLARIN1G TTM INTENTION OF THE CITY COUNCIL
OF THE CI=I OF LODI TO ABANDCNT A U=AINi 7_4M9TY FOOT
ALLEY IN " ZILE'..x.' SUBDIVISION't
?'Jif:LS, __elry Zilke and 01:3a Zil.ce his trite have Piled a aetition
requesting the abandor.m+ent of t1at certain alley dedicated to public use
in the official wap of "Zilks Subdivision" filed t:arch 22, 1937 and record-
ed in Vol 11 of haps and Plats at Page 24 thereof, Sen Joaquin County rec-
ords, -&Act said alley extends from the South line of Cherry Street to the
North line of 'line Street, the westerly line thereof being distant one
hundred twenty (120) feet Easterly from the East lire of Stockton Street
and parallel thereto. Said alley is tient; (20) feet in width.
:C-EPE S, the Ci'y Planning Co mission of the City of Lodi, did, at
its meeting held Pio-ember 21, 1939, a -prove the purpose of said petition
and recon: -,.end .hat the said a,ls^ be --gated and abandoned, therefore,
152 (1:inutes of Dee 6, 1939 cont.)
CSL
3E IT 7?SOL11ED, that it is the intention of this City Council of the
City of Lodi, that said alley be abandoned and closed in the+ the saTre is
no longer required to serve a public purpose nor is the same essential
to the development of the lands abutting thereon or as a means of ingress
or of egress thereto or therefrom.
The a_1ey herein pro -,()sed to be abandoned is particularly described
as follows:- ?egirnin6 at a point on the Southerly lire of Cherry Street
in said "9..ilke Subdivision" distant one hundred twenty (120) feet Easterly
from the east line of Stockton Street and running thence Southerly and
parallel to the east line of Stockton Street to a point on the north line
of Vine Street, thence Easterly, on and alone the said north lire of Vine
Street a distance of twenty (20) feet to a point, thence Northerly and
parallel to the east line of Stockton Street to the south line of Cherry
Street, thence 71esterly, on and along the said south line of Cherry Street
a distance of twenty (200 feet to the _point of beginning.
3E IT FUpri%R RESCLV-D, that the Street Superintendent of the City of
Lodi be, and he is hereby directed, to post and publish notice hereof at
the times and in the na--r_er provided by law, such publidation to be had in
"The Lodi Times", a newspaper of ;Seneral circulation, herein designated as
the nevispeper in which said notice shall be printed and published.
Ordinance No. 259, entitled, AN 07,LI"dANCE .2.rr1DING ORDINANCE NO, 9 OF
7HE CITY Or LODI BY E_ itIl1G IT A 1Z3037MINOR TO POSSESS FIR.^. ;ZZ IN LODI
L:UNICIPAL = PA.RK, having been introduced on November 15, 1939, was
brought up for second reading on motion of Councilman Graffigna, Clark
second, read by the Clerk and finally passed, adopted and passed to print
by the following vote. --
S : Councilmen Graffigna, Clark, Spooner, Weihe and L:ayor Steele
IMES: • Council.-Bn, done. ABSr 1T: Councilmen, None.
The L:ayor then approved the ordinance.
Crdinance No. 260, entitled, O':MNANCE GRIZIT12TG TO PACIFIC GAS AND
ELECTRIC CCEP'211 Y, ITS SU;CESSORS APTD A-,SIGidS, TII FRA MMSE TO USE, FOR
TR"NSL:I^'^ING AND DISTRIBUTINM GAS 1.4I77MI TF -y C= OF LODI FOR ANY i= ALL
PURPOSES'O'=M M& THOSE MIMI-ORIZED TR=, . MOTION 19 OF AFTICLS XI OF
TF=- CCNSTIT:)'i'ICPi OF = STATE 0: CALIFORNIA AS SAID SECTION Ma= PRIOR
TO ITS Ai=M r Cf; OCTOBER 10, 1911, All 1 S PIPES CR •APFBT=. ANCES
,11ICH ARE NOW OR MLAY BE EMLUTER PLACED Iii
THE PUBLIC STFL�'-TS, HAYS AN
PLACS 9TTIM7 SAID CITY, 91D TO LAY AND USE IN SAID PUBLIC S=TS, SWAYS
AND PLACES JUL PIPES AI
(r:inutes of Dec 6,1939 cont.)
In the matter of the annexation of "Eleventh Addition"
The City Clerk presented and read his report on the holding of
a special annexation election in this addition on November 28, 1939
and presented the returns of election as filed rith him by the precinct
election board. The Council then proceeded to open and canvass the
said returns, finding that, as set forth in t#e "Unofficial Returns"
of the Board of Election, that a tote.l number of ten (10) votes were
cast and tallied at this election, all of which were in favor of
a:r_e,xation under the terms and conditions set forth in the proposition
— submitted.
Ordinance No. 261, entitled, " APT ORDI?T.:PTCE A PRO=1G TIM AP@tEX-
ATTON OF 'MLEMMMH ADDITION'" was then introduced on motion of Council-
man Claris, Graffigna second, read at length by the dlerk and ordered
laid oxer for the statutory period of not less than five days by the
f011AdMg vote: -
77S: Councilren, Clark, Graffigna, Spooner, Jeihe and I:ayvr Steele.
NO'S: CourciL^en, Yone. ABS12T: None.
In the matter of the a=nexation of "T relfth Addition"
The City Clerk presented and read his report on the holding of
a special election in this addition on November 28, 1939 and presented
the returns of election as filed with him by the precinct election board.
L!.e Council then proceeded to o=en and canvass the said returns, finding
that, as set forth in the "Unofficial Returns" of the Board of Election,
that a total nunber of twelve (12) votes were cast and tallied at this
election, all of which were in favor of annexation under the terms and
conditions set forth in the proposition submitted.
Ordinance No. 262, entitled, " APT CTOINZOE APPROVING IME XZ=, C-
tti ION CF *—IELr'TPI*" ADDITION", :vas then introduced on motion -of Council -
ren Steele, Spooner second. Or. notion of Mayor Steele, seconded by
Councilman Spooner, second reading was emitted, and the ordinance
ord-ered introduced and laid over for the statutory period of not less
than five days by the following vote:-
A`r_S: Councilmen Steele, Spooner, Clark, Graffigna and Weihe.
N035: Councilr:-en, None. AB "i: None.
In the natter of the petition of L. T. Yason at al for annexation
of certain territory to be nar_ed "Thirteenth Addition" as filed with
the Council on :over.:her 15, 1939. The Clerk filed his written report
on the sufficiency of the petition, stating that of the 26 names affixed
thereto, 20 were those of qualified electors residing within the terr-
itory sought to be arrexed and that to the best of his knowledge, in-
formation and belief, there were 41 qualified electors residing in the
said territory and that the qualified signers constituted in excess of
25"% of the total number of electors resident in this territory.
Resolution No. 1011 declaring the intention of the City Council to
call an election upon the question of annexation as set forth in the
petition above referred to and setting 8 o'clock P.i.:. of Wednesday,
Tanuary 3, 1940 and the Council Chambers of the City Council as the
time and place where and when objections would be heard from property
owners in the proposed territory to arnexation, was introduced on motion
of Councilman deihe, Steele second, and passed and adopted by the fol-
lowing vote:-
A 1 M— Councilmen, Steele, ?leihe, Clark, Spooner and Graffigaa.
LACES: CounciL.en, None. ABSEr1T: None.
Business license applications Nos 110 to 114 inclusive as filed
with the Clerk were approved and licenses ordered granted on motion of
Mayor Steele, Spooner second.'
A petition circulated by Elu9ene Boether and si>ned by Eugene Hieb
and twenty-six other purported owners of real property located within
400 feet of the property affected, was received, having been filed
with the Clerk December 4, 1939, wherein it was petitioned that the
existing cormercial zoned property on the northeast corner of Lodi
Avenue and Hutchins Street be extended Northerly approximately fifty
feet to cover all the land now owned by Boether. At the order of the
L_ayor, none dissenting, the petition was ordered received and referred
to the City Planning Cor_^ission for its recemendation.
154 c
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The tentative application for permission to erect an auto -court at
the Southwest corner of Widen Street and Cherokee Lazne presented through
the Clerk, eras ordered referred to the City Building Department.
The applicetion of 0.71.Gillette at al for a street light at the alley
betwaen School and Sacramento Streets on Daisy Avenue was given consider-
ation with the result that the Clerk was directed to inform i:r Gillette
that the City would erect and maintain this light, providing that the
interested property owners paid the cost of installation.
The Clerk stated that L'r T.P.Liebig has asked that the City refund
a portion of the 1939-40 taxes levied against Lot 29, Larson's Addition
on account of the land taken by the City for the straightening of Tokay
Street. No action taken, it being the opinion of the Council that there
is no existing validity to this claim.
The City Engineer p_esented a "Record of Survey Vap" covering lands of
Lot and Luisa Lachenmaier in Lot 7, Block 13 of F.utchins Addition to Lodi
and the same was ordered approved, proper easements to the City having been
previously tendered and accepted, by the adoption of Resolution No. 1014
by unanimous vote of all rembers of the City Council.
Clai:.s, as approved by the Finance Ca. ittee, in the arount of $23,959.81
were allowed and warrants ordered dawn on the General Fund in paynent thereof
on motion of Councilman Graffigna seconded by Councilman Clark.
The Council was then called into executive session beginning at 10:00
PX. and so r --wined until 10:32 P.l', when open session was resumed and
adjournment taken or. motion of Councilman Weihe.
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''ecorandun: This was "Boy's Day" as sponsored by the local Civitan Club
and boys representing the various councilmen were present,
1.2r Ernest Schmierer acting as b:ayor and Doyle 3ushnan as
City Clerk, trok active part in all of the activities and
proceedings of the Council.
7.F'.B.