HomeMy WebLinkAboutMinutes - September 3, 1929354
Council Chambers -City Council
City Hall -City of Lodi
Tuesday, Seropt9 ber 3rd
9This regular meeting of the City Council of the City of
Lodi was called to order oy the :. ayor at 5.03 o'clock P.M. on
the date and at the place first hereinabove written, Council-
men Hale, Poach, Sh_attuck,.,leihe and Spooner present, none
absent.
No persons appearing the order of .ublic Hearings was
Gassed by unanimous consent and the Council proceeded hear
communications and reports.
Reports for the month of August as submitted by the
Chief of Police and by the Poundnaster were read and ordered
filed without comment.
American Fruit Growers having granted an easement over
the easterly six feet of each of Lots 20 21,22,23 2a and 25
of Block "A� Subdivision cf Lot 72 Lodi Barnhart Tract to
the City in conjunction with Central California Traction
Company and Pacific Telephone Telegraph Company, the same
was ordered accepted on behalf of the City by the passage of
Resolution of Acceptance No. 592 by the following vote: -
AYES: Councilmen Shattuck,Roach, iale,,reihe & Spooner.
NOBS: None ABSENT: None.
The proposal of Joodbridge Irrigation -District asking
an annual payment toward the upkeep of their canal was again
laid over Tor consideration.
The Goodyear Tire Company presented an estimate of the
cost of changing over solidtire ecuipment on the two fire
trucks to pneumatic tires at a cost of approximately $450.00
was not considered.
.:r .iilson H. Thompson and lass Amy L. Boynton represent -
in; Lodi Public Library a_opeared at this tine and asked that
the budget for the Library be allowed :without any deductions.
':_r Ed. Schnaidt and lir-Harry ::'atheny, on behalf of Lodi
Business ,_:en's A sociation asked that the Council consider
the niacinof a three hour parking limit for automobiles•
within theTusiness district.
At the order of the Mayor, the City Council was resolved
into Committee of the Whole and proceedeto consider the
tentative budget as submitted by the City Clerkk together with
su, ested changes made therein oy -members of the Library Board
and Councilmen.
After returning to the Council Chambers, the Llayor an -
n unced that the budget as submitted mould stand after deduct-
ing the sum of $300 iron the anount allotted to band concerts
and adding a like sum to the appropriation for a street sweeper.
ORDINANCE NO. 173 " AN ORDINANCE L~7YING TAXES IN TEE
YEAR 1929 FOR THE a I SCAL YEAR BEGINNTNG NG TULY 1, 1930 " was
introduced by Councilman Hale, .reihe second and by the same
motion laid over for the statutory period of not less than
five days.
City attorney Glenn 7est addressed the Council regarding
the necessity for advertising for bids for the making_of test
pits along the line of the proposed dam above Lancha-Plana;
presenting a plan of the dam lay -out and of the specifications
Tor the digging of the pits as prepared by Yr N.A.Eckart. After
viewing the plan and discussing the specifications, the same
were ordered approved and adopted by the passage o1 Resolution
No. 593 by the- Tollowing vote-:-
AYES: Councilmen, Shattuck,Roach,Hale,7eihe-& Spooner
'TORS: None. ABSENT: None.
ESC=a 10 _.C. . 5910
_
RESOLVED, by e City Council of the City of Lodi .
That the plan and soccifica,tions this eveZf_ng sub--itted
by :'.r ",:. .Ecurt, 1' consultin-- e—ineer of this City, and
enti�led �_�__ . e__O;S rCR :..x l�Z)i-tCA`,A:!C?.S AT _
Or '30?QSJD ?Q -J JCT�IC �T �'O7=7 OP1 ^1
!(lT• Tt+ ,t
A) 0113
,1T (TTT 1 .1 �""1 n '� n 17
..i. RIVE A )01 � L.221C_u ?LL. 3 . OR vI=`_✓ 0i LCDI be
and the same are hereby a-phroved and adonted as the _glans ar t
s'Oecifications under whic�j said work shall be done;
BE I'T 72SGLV'ID, also, that the City Cler'- be and he is
hereby authorized and directed, to advertise in ti.* e, fog and
:canner as required by lase, for the reception by this Council
of sealed proposals or bids for perfoxm�:!g said :work and
the _' rnisn ng the materials there -fore, said 'gids to be
returnable on or before 7 o clot= of 11onday, October 7+�h.
A.D.1929
"r .:est advised the Council that the City's cause before
the I"?erior Court of _Iaa Joaquin County svoula be materially
aided y�t he obtaining of expert testimony re-za.rding the -round
„eters of the`o�.elU-nne bas -.n particularly in in interpret
the regorts of the S.Geologi_•al Survey; he adviseca that the
services of ::_r 3.A.ytchiverry and l r Thor:as H. z eans could
be obtained at a reasonable figure a^.d rec=niended that they
both be retained for this -our-)ose.
tr Etchiverry and ::r '.:eans mere retuned as consnitir..g
engir_eers and experts by the passage of Resolution ?do. 594
by the follo ging vote
AYES: Councilmen, Srattuc?�{ ffeihe Hale Roach & Spooner
NOES: Cowicilmen, None. X� SE:1T : tours- ci L—en, Fone,
RESOLUTION i:0. 594
. 'PAS, the City of Lodi has ca -r -fenced an action in the
Superior Court of the Mate of California in and for the County
of San Joaquin, aGainst East Bay :Iunicipal Utility District
and others for the purpose of restraining defendents therein
named from diverting waters from the tlokelumne River and for
the purpose of protecting the underground eater supply of said
City of Lodi;
AIM ;e 5REAAS, the City Council of the City of Lodi has rec-
eived a letter from Thos. 3. Means and B.A.Etchiverry, a cop -
of which is annexed hereto marked "Exhibit A" and maadde partere-
of; and whereas it is the desire of the said CityCouncil to
employ
said Thos. H. Means and B.A.Etchiverry as its engineers
for the purpose of making a study of underground :rater conditions
in said City of Lodi and vicinity for the purpose of making the
necessary report or reports and evidence as referred to in said
letter -
N6 iH-'R TORE BE IT �i,SCLVED, that said City of Lodi does
hereby employ said _hos. H. Means and B. A. Etchiverry pursuant
to the taims and conditions set out in said letter, as its
engineers for the purpose of making a survey of the under-
6round grater conditions and of all available data and informat-
ion connected therewith and for the purpose of making a report
or reports and furnishing the evidence as set out and contemplated
j in said letter;
CE IT 'TJRTHZ1R RESOLVED, that s ---id Thos H. deans and B.A.
'- Etchiverrryy are hereby authorized for and on behalf of said City
to collect and analyze the information which has heretofore
been collected and to determine the extent of new field work
which will be required as mentioned and contemplated in and by
items n�ber "1" and "2" on nage one of said letter;
BE IT LR IM R✓SOLVED I T SAID CITY pay said Thos. H.
Paeans and B. A. Etchiverry for making such preliminary study
of existin4g, data and preliminary report the sun of One Thousand
Dollars and that the same be paid out o� any moneys in the
Treasury of sais City which may be available for that purpose,
the sun of Five Hundred Dollars to be paid for�hwith.as a
retainer and the balance , to -wit'; the sum of rive Hundred
Dollars, upon thepresentation of said preliminary report.
BE IT_TLjR'M RESOLV'r1D, that zzy the Payor of said Cit is
hereby ordered to draw a warrant upon the Treasury of the City
for '.he first payment of said rive Hundred Dollars and that the
_ sane be paid out ofani mon�eyys available for that purpose.
Bim; IT FiTRT1M : SOL D, that any further additional
work after said preliminary report shall have been completed
beddonesbntsaidnThos,d as c�ntes contemplated irland
chieeaid forthichshall
the
shall be bysaid
at the rate of Seventy-five Dollars per day and y
expenses for each of them based upon the time employed in
performing such additional Work, no such additional work to be
done until the same be authorized and approved by City attorney
Glenn :;est and 1:'r Robert 11. 5earls, attorneys representing
said City in said suit
HIBIi tl -
%attached to foregoing and made part thereof)
THOS. H. 'MEANS
Consulting M&ineer
11 Suttetreet
San Francisco
Septanber 3,1929.
City Council, City of Lodi,
Lodi., California.
Gentlemen: -
At the request of Mr. Robert Y. Searls, Special Counsel
for your City: we
sulanit the following concerning our employ-
ment in he litigation over -,he ,waters of the M elumne River.
A great -deal of the information upon the subject has
been collected in recent years by the Federal Government and
agencies of the State of California. The most important thing
to be done is to collect and analyze this information for the
purpose of seeing chat additional facts will be required in
he defense of the suits now ending and to prepare the avail-
able information for use in the trial.
Following this field work to collect additional inform-
ation may be necessary and further office studies may be requir-
ed toprepare testimony for trial. the amount of this sort of
'.7ork is v ry difficult to estimate until there is an analysis
of the material alread. collected and available:
.ie believe he following plan should be followed:
1. Collect and analyze the information which has here-
tofore been collected.
2. From the above determine the extent of new field
work which will be required.
3. Carry on the additional field work.through your
engineering department. The direction of the work
should be in our hands so that we can use the facts
thus collected.
4. awake final preparation of the data to be presented in
court in defense of the City's ri-hts.
5. ?reoare and make available all•in?ormation collect-
ed �%hicn may be useful to other litigants in the
defense of rights to the use of -water in the vicinity
of Lodi.
le would expect the sum of $1,000.00 for the preliminary
study of the existing data as outlined under (1) above.
7ork following the preliminary report is difficult to
estimate as the amount of it cannot be known until the value of
the facts already collected has been determined by the prelimin-
ary study.
.7e believe that an additional stmt of $2,000 will be
sufficient to cover the cost of our employment up to the time
the case goes to trial. ,;e do not like to be limited to this
amount as the extent of work. to be done depends to a.great
extent u on the way the information works out. If the occasion
for additional Work arises it will be possible to predict the
amount and cost considerable time in advance so that sums may
be provided.
Under this plan all expenses of flelddwork will be under
the City's engineering department and will be paid direct.
357
vOlL'?c' man .:ieihe asked that see action be tleLen to install
a systee; of 1A.-htinS in -,-',ie -a;rence '7ar1. tennis courts and on
motion duly made seconded and carried, aunt. d. =, =e. nir_� "as
directed t0 obtaln and s:1mit to the COLulc2.l a full eStL'12te of
the cost of extendi electric service, installing 1i-hts Zznld
li:.-htinS this cou7-t_.
3i lls in the rmolmit of :;11,595.66 as a,) -proved by the Finance
Ca!:::ittee were allowed a: -.d ordered paid.
Sunt. HenninQ a.c:_ressect ,ne Cc oil re-ardi the :ase of
City ;ra}uer in roof sori_7i_lin_ systems statim t1hiX the use -ras
excessive as most of the s rin,:lers insta.11ect discharge 2-j Sallors
ger minute, re as:_cd that a rate be fixed for charging '.Nater
for this our:rose.
- t 11.45 ? `,he City Ccumcil adjourned to meet a..air_ on
their next resular mectirs date.
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