HomeMy WebLinkAboutMinutes - October 7, 1929:359
Council Chambers, City Council.
City Hall - City of Lodi
:onday, October 7th., 1929.
This regular meeting of the City Council of the City of
Lodi was called to order b the L'ayor at 8 o'clock P.11. at the
place and on the date first above written, Councilmen Hale,Roach,
'3hattuck, Weihe and Spooner present, none absent.
,he minutes of the last regular meeting held September
16th.,1929 were read, approved as read and so endorsed by the
Mayor.
Rev. H. A. Shuder of the First Congregational Church
addressed the Council regarding the organization of a connunity
center to further the efforts of the Americanization Department
of the Lodi Union High School su gestin that the City contribute
the use of the lower floor of the old City Hall and aso make
sane small expenditures in fitting it up for this purpose. The
proposition meeting with the unanimous approval of -the Council,
it was regularly moved and carried that he Americanization
Center be allowed the use of this floor of the building and that
the Street Superintendent take out the old partitions and store
them in the basement of the new City Hall.
in the matter of the reception of sealed bids for the
making of test excavations ; the Clerk reported no bids received
and on motion of Councilman Shattuck, the following resolution
was adopted :-
RESCLUTION NO. 596
JHEREAS, as directed by this City Council at a regular
meeting held September 3rd.,1929, publication was had of a notice
inviting sealed bids or proposals for the making of certain test
excavations at the dam -site of the proposed hydro -electric devel-
opnent on the Mokelumne River above the town of Lancha ?lana as is
evidenced by�:he affidavit of. the principal Clerk of the publishers
of The Lodi Sentinel now on file in the office of the City Clerk,
a copy of said notice being attached hereto and made a part hereof;
AND, :7iR:EAS , this being the date set in said notice for the
reception, opening and canvassing of the sealed proposals called for
therein and no proposals therefore have been received;
BE IT RESOLVED that this, the City -Council of the City of
Lodi hereby finds that the publication of -said notice ,las had in
time, form and manner as reouired by law and ordinance; that the
specifications therefore were properly and legally drawn and
adopted and that no proposals for doing the work were received up
to the hour of 7 o'clock ?X. of Monday, October 7th.,1929;
BE IT ALSO RESOLVED, that this, the City Council of the
City of Lodi, hereby declares and determines that this work can
be performed more ecomamically by day labor and the supplies
therefore purchased in the open market than otherwise ;mould be
the case should re -advertisement be had.
RESOLVED ALSO, that the City Engineer of this City and
Mr `i.A.Eakart Consulting Engineer employed by this Cit be, and
they are hereby instructed to proceed+wiuh the making of the
excavations called for in the specifications for the work as
heretofore adopted and they are herein authorized and directed to
procure the necessary supplies and hire the labor necessary to
make and complete the excavations contemplated.
J. Y. SHAT TUCK, Councilman
The foregoing Resolution No. 596 was thereupon adopted by
the following vote: -
AYES, Councilmen, Shattuck,Roach,Hale,.+eihe & Spooner.
NOES, Councilmen, None. _ABSENT, Councilmen, None:
360 G., inutes of Cct,7-1929 continued)
tthe su•--•-esti on of Cit Attorney Glenn ::est and on
motion of Councilman Shattuck the following Resolution eras
introduced and adonted:-
- ?ESOLUT_ON NO, 597 -
:rEE-tEAS the City of Lodi contemplates sinking certain
test holes.anA doing certain exploration work at and on its
proposed pourer plans site on the Yokel=ne River and for that
uuruose has adopted plans and specifications and has advertised
Tor bids for doing said work; -
N01H REFORE, BE 11^ RESOLVED that Clinton Henning of
Lodi, California, be and he is herety appointed as Inspector
for said City to see that said work is properly done, to
inspect the same and to report thereon to uhe City Council of
said City- said Clinton Henning is so appointed as assistant
to the Ciiy Engineer of the City of Lodi;
This resolution is made upon the condition that said
Clinton Henning shall perform said work without making any
charge therefore as against said City.
The foregoing Resolution No. 597 was thereupon adopted
by the following vote :-
AYEPS: Councilmen, Shattuck Roach Hale,'ieihe & Spooner.
NOES: Councilmen, None. AASENT, Done:
Reuorts from the Chief of ?olice and from the City
Poundmaster were -.received. read and ordered filed.
The Quarterly reports of the City Treasurer and the
City Clerk for the quarter ended September 30th.,1929 were
also received, read .and ordered filed.
The City Clerk presented his annual report and on motion
of Councilman Roach, 3hattack second, the same ;,as ordered
printed as required by law,
The Quarterly Report of the Chief and aecretary of the
Lodi Volunteer Fire Department was also received at this time
and ordered to the files.
A letter was received from Mr Chas. T. Freshour in which
heroposed to take full care of Lawrence Park for the sum of
$130.0'0 monthly providing certain changes were made in the
sprinkling system of the park as roposed in a pplan prepared
byy City Engineer L.F.Barzellotti. -On notion of CounciL�an
�eihe, Shattuck second, the nroposal was accepted and the
Superintendent of Public Utilities instructed to make the
additions to the sprinkling system.
CoftcilmanJeihe asked the intentions of the Council as
to the erection of a comfort house and lighting the tennis
courts in this Park. The matter was discussed at length, it
appearing that ,ur J.A.Henning, Superintendent of Public Util-
ities had the li�:.hting proposition in hand and was obtaining
plans and other data.
The matter of auto parks or camp grounds within the City
piasair discussed and on motion of -Councilman Roach, Shattuck,
second, the City Attorney was instructed to repare an ordinance
embodying an annual license and a provision or protest on the
Dart of affected residents.
%n application of the City Clerk, he was authorized to
prepare specifications and advertise for proposals for the
furnishing of an improved mailsrr machine foi his office so
that assessment rolls and.taz bills could be prepared thereon.
Five building permits totalling $28,450.00 were granted.
Bills in the amount of $10,655.11 as approved b the
Finance Committee were allowed and ordered paid on mo ion of
Councilman {eihe, Roach second, no-..,.�Dz. a. �d'� �-c, a e _
(minutes of Get.7-1729 continued)
On motion of Councilman-reihe, Roach second;Er'
+'.G.Hurrle
rdas a_opointed .rater inspector at a salary of $150.00 per month
for one month.
City Attorney Glenn ,lest stated that ':-'r Stephen E. Kieffer
was no more interested in the Arroyo Seco project'and that his
name should be dropped as defendant from suits of the City versus
certain arnropriative auplicants on the Yokel=ne River. He :-,,as
authorizeir ana directed -to dismiss suits against 'r Kieffer by
adoption of the following: -
RESOLUTION NO. 598
7ti7�AS the City of Lodi has brougl't and there is now
pending in action in the Superior Court of the State of Calif-
ornia in and for the County of San Joaquin, a_-ainst East Ba
yp
--unicipal Utility District, a corporation, and others, which
action is numbered 22,415; and,
572REAS, lir Stephen E. Kieffer is a party defendant in
said action; and,
:IFTRT-AS, it agpears that applications of said Stephen E.
Kieffer filed With „alifornia Division of Yater rits to divert
waters from the Mokelumne River have been dismissedand it does
not appear that there is any further necessity of continuing
said action as aaEa.inst said Kieffer;
NOT, TF=FORE BE IT :IJ'REBY RESOLVED, that Glenn :lest as
City Attorney, and-Aobert1 . Searls , as special counsel assoc-
iated with said City Attorney in the prosecution of said action
be, and they are hereby authorized to cause said action to be
dismissed and to dissmiss the same as far as said defendent,
Stephen E. Kieffer is concerned and not otherwise.
and by the adoption of the following: -
RESOLUTION NO. 599
Tl EAS- the City of Lodi has brought and there is now
pending an action in the Superior Court of the State of Calif-
ornia, in and for the County of Calaveras as~ainst East Bay
Eunicial Utility District, a corporation and others;
rNMIREAS one Stephen E.`Kieffer is a warty defendent
in said action and whereas it appears that applications of
said Stephen E. Kieffer filed with California Division of :Tater
Rights, to divert daters from the ? okelumne River have been dis-
missed, and it does not asDear that there is an 'further necess-
ity of continue said action as against said Kieffer;
NOY M -REF .RE , BE IT RESOLVED, that Glenn :Test as City
Attorneyand Robert M. Searls as special counsel associated with
said Ciy Attorney in the prosecution of said action, be and
they are hereby authorized to cause said action to be dismissed
and to dismiss the same as far as said defendent Stephen E.
Kieffer is concerned and not otherwise.
361
The foregoing Resolutions numbered 598 amd.599 dere there-
upon adopted by the following vote: -
AYES: Councilmen, at
Shtuck 3eihe,Ha1e,Roach & Spooner:
i.033: Councilmen, clone. AISENT: None:
It having been brought to the attention of the City Council
that the activities of certain persons operating.a gold dredger
near the old torn -site of Lancha Plana were causer.g great amounts
of silt and other detritus to be discharged into the l okelumne
River whereby its waters wereolluted and made unfit for use
as well as unsightl.and that 'the local Chamber of Commerce had
made protest against these evil practices without notable effect,
the following resolution was introduced and adopted by unanimous
vote of the City Council: -
RESOLUTION NO. 600
BE IT RESOLVE, that,"t7hereas a certain company or parties
are operating a dredger on or near the Mokelumne .giver at the
old town of Lancha Plana and are dumping the refuse and debris from
the same into the llokelu.ne River, and Whereas, by reason of the
premises the craters of the "okelumne"River are badly polluted
from silt, mud and debris from said dredger
362 (minutes of Cct.7-1929 continued)
y,•.D , :;:L; SAS , it appears that the pollution of said stream
is causing great damage to alfalfa and other crops irrigated d
the :,aters of said stream; and whereas the continuation of said
ractice may seal the percolating charnels of said river and
hereby cause great and irreparable damage and materially affect
the underground Nater table in the City of Lodi and vicinity*
RESOL rV�, that the City of Lodi hereby protests againsi
tie continuance of said practices, pollution of said river and
against the dumping of any debris, silt or refuse of any kind
in any stream;
BEE IT FUMI ER RESOLVED, that a copy of this resolution
be sent to the California Fish & Game Ccumission, California
Board of =ublic �orks, The Debris Commission and to California
State Reclamation Service with request that the proper steps be
taken to stop said practice of polluting the :raters of said
stream;
- BE IT FTM! LR RESOLVED, that the Lodi District Chamber
of Commerce be commended for the stand it has taken in the
above matter; that said Lodi District Chamber of Commerce be urged
to continue its activities to the end that the pollution of
said stream be stopped and that a copy of this Resolution be
sent to Lodi Dostrict Chamber of Commerce.
Adopted by the assenting votes of Councilmen Roach, Shattuck,
Hal, Jeihe and Spooner.
An ordinance proposing the licensing of dealers in ice,
feeds and fuels was discussed but not introduced, the same being
laid over for further investigation. '
The City Attorney reported the receipt through Mr Robert
M. Searls, of a letter from fir Paul Bailey_, civil Engineer, late-
ly with the California State Division of Nater Rights, offering
his expert services in the determining of the effect of -waters
of the MokeluQme River on percolating -paters supplying this City.
Dir Bailey was retained as consulting engineer by the passage of
RESOLUTION N0. 601
:+^AS the Cit of Lodi has commenced an action in the
Superior Court of the tate of California in and for the County
of San Joaquin against Past Bay ;iunicippaal utility District and
others for the purpose of restraining defendents therein named
from diverting v�aters from the Mokelumne River and for the pur-
pose ofprotecting the underground water supply of said City;
AND �a�REAS, the City Council of the City of Lodi has
received a letter from Paul Bailey, Civil Engineer, a copy of
which letter is hereunto affixed, marked PKHIT A and nude
part hereof;
AND 711'REAS it is the desire of said City Council to
employ said Paul Lilep as one of its engineers for the purpose
of making a study of the under&ro:>nd Nater conditions in said
City of -Lodi and vicinity and for the purpose of furnishing the
necessary report or reports -and evid:lnce as referred to in
said letter;
NOT TH_, EFGRE, BE IT PESOLVED, that said City of Lodi
does hereby employsaid Paul Bailey, pursuant to the terms and
conditions set ouin said letter as one of its engineers for
the plumose of studying underground water conditions and all
available data and or the pur se of -making report or reports
and fr,rnishing the evidence sTout and contemplated in said
letter;
BE IT FURTHER RESOLVED, that the said aul Bailey is hereby
authorized on behalf of said City to collect and analyze the
information which has heretofore been collected and determine
the extent of newfield work which will be required as mentioned
and contemplated in items "1" and "2" on nage one of said letter.
BE IT FURTiID
R RESCLV, that said Cltp pay said Paul
Baile for making such study of existing data and preliminary
repor� the sun of $ 500.00 and that the same be paid out of any
moneys in the Treasury of the City which may be available for
that purpose, the sum of $ 250.00 -thereof to be id forthwith
as a retainer and the balancer to -wit, the smm o 250.00 upon
the presentation of said pp�relunina report.
BE IT FUR! ER RESOLVED, thatrThe Mayor of this City is
hereby ordered to draw a warrant upon the Treasury of said City
for the first payment of $250.00 and that the same be paid out
of any moneys available for that purpose;
(!'inutes of Cct.7-continued)
BE IT YUR-IM 7ESOLVED that any further or additional work
after said preliminaryrepori shall have been completed and pre-
sented as contemplatin and by said letter, shall be done by
said Paul Bailey, working -with other engineers employed by said
City dor which the said Paul Bailey shall be paid'at the rate of
$75.00 per day and ex-oenses based upon the tine em loved in
performing such additional work, no additional work to be done
unless the same be authorized and approved by City Attorney
Glenn est and Robert M. Searls, Attorneys representing said
City in said suit.
The foregoinngg Resolution No. 601 eras thereupon passed and
adopted by the following vote: -
AYES: Councilmen, '7eihe, Shattuck, Roach and Spooner
NOES: Councilman, Hale.
ABSENT: Councilmen, None, .
No further business a:pearing, ;,he City Council adjourned
at 12.10 o'clock A.M. of Tuesdap, October Sth.,1929 to meet
a., in at the date and hour of their next regular meeting.
Ott
Oity Clerk.
�e fore) r :pirates of a regular --eating
of : e City Yoancil cf, the Ci -uv of Lcdi
.:"e: e read and a:_ ro�reu :t: U-1
out' correction
Or alteration ata SUba'euUznt ""�8ulr� of
he said C?ty Council held'.:cnday,C;cLober
21st.,1929. 00
r
k -
lor Of a C'` Of Lodi.
Cc1.21,1329.
.963