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HomeMy WebLinkAboutMinutes - July 3, 1933COUNCIL CHAMBERS -- CITY COUNCIL CITY HALL - - CITY OF LODI Monday, July 3, 1933. The City Council of the City of Lodi met in regular session at 8 o'clock P.M. on the date first above written; Councilmen Clark, beagle, Spooner, Weihe and Steele present, none absent. The minutes of the last meeting held June 19th., 1933 were read, approved as read and so endorsed by the Mayor. No persons being in attendance, the order of Public Hearings was passed, and the Council proceeded to hear Communi- cations and reports: A letter from C. D. Thompson in regard to the publica- tion of Municipal Year 3ook was ordered filed without action at the present time. The Baptist Young People were allowed the use of Law- rence Park on the evening of July 14th. 1933. Councilman Weihe undertook to arrange with the care -taker so that the lights in the tennis courts would be available. The Veterans of Foreign Wars applied for permission to rope off the street in front of the City Hall on the evening of July 21st, 1933 for the purpose of holding a public card party and dance. Permission granted. On motion of Councilman Spooner, ;eagle second, the City Clerk was directed to attend a meeting of the California Municipal Ownership Association to be held at San Francisco on the 7th day of July 1933. The Clerk read a letter from the New Zealand Fire Insur- ance Company claiming reimbursement for damages sustained to a dwelling at 316 East Locust Street in 'the amount of 411.95, alleged to have been caused by a City employee's burning grass. As there was no evidence of negligence. the Council disclaimed all responsibility. Mr. George Ler''eber was re -appointed Trustee of Lodi Public Library for the statutory term of three years on motion bf Councilman Spooner, Weihe second. The Street Superintendent was ordered to obtain prices for oil to be used in laying the dust in the alley north of the library, and report to the street committee who were given full power to act if the price was reasonable. The bulletin from the California Municipalities was received and read, wherein it was stated that .Pro -ration of the one-fourth cent gasoline tax would probably begin with the first of the State's fiscal year: The report of Chief of Police for the month of June was received, read and ordered filed. Likewise the report of the City Pound Master covering the same period. On motion of Councilman +leihe, beagle second, the officers of Lodi Volunteer Fire Department as elected were ratified and confirmed as the officers of the department for the next fiscal year. The Chief and Secretary of the Lodi Volunteer Fire Department presented a quarterly and annual reports, and the same were ordered filed. In the matter of the Preston nater applications, it appearing that the East Bay Municipal Utility District had applied to the Division of Water Bights asking that the said applications be cancelled. the following resolution was adopted:- 42 COUNCIL CHAMBERS - - CITY COUNCIL CITY HALL - - CITY OF LOCI RESOLUTION NO. 681 WHEREAS, under date of May 16th, 1932, the City Council of the City of Lodi, duly and regularly passed and adopted its Resolu- tion No. 659, which. Resolution is in the words and figures `— following, to -wit: "WHEREAS J. W. Preston Jr. heretofore filed with the Division of Water Rights of the Department of Public Works of the State of California four domestic and agricultural applications numbered 1964, 2099, 2535 and 299? for permits to divert from the Mokelumne River certain waters to be used in the irrigating of lands in the Mokelirane River area; and WHEREAS said J. :P. Preston Jr. has heretofore assigned the said,applications to, and said applications are now held by, The Arlington Properties Company, a subsidiary of the Pacific Gas and Electric Company; and whereas said applica- tions have been held in good standing and continued from time to time by said Division of Water Rights and are now being held in good standing under an order of continuance which will expire on June 15th,.1932; and whereas Fast Pay Municipal Utility District has caused a demand to be made upon the Div- ision of Water Rights that all of said applications be forth- with cancelled; and WHEREAS said Division of pater Rights in its letter of June 25th, 1930, to the City Attorney of the City of Lodi stated that "these applications are under indefinite contin- uance waiting a further showing by applicant as to legal re- lationship to owners of lands to be served," and also that there was "prospect that these applications might be useful in assisting to a solution of the litigation now in -progress to justify the continuance noted above" over the waters of the Mokelumne River wherein said City of Lodi is an interested party; further, it was stated in the said letter that "Pro- gress, -however, along the lines of 'a bona fide community effort, including engineering studies . preliminary to the creation of an organization to permit of the use -of the water requested under Applications No. 1964, 2099, 2535 and 2997' would undoubtedly be persuasive to the allowance of a further continuance which might be extended from time to time so long as there was diligent effort and continued progress"; and WHEREAS subsequently and 'under date of November 1st 1930, Mr. J. W. Preston Jr. caused Mr. Lloyd W. 'j'hayer to have an engineering and investigation report made -by Mr. B. A. Etcheverry, Mr. r. C. Herrmann, Mr. Paul Bailey and Mr. T. A. Means, Consulting Engineers, regarding the said applications and uses to which the same, if granted, could be put in the irrigation of lands in the Mokelir=e River area, copies of which report are in the possession of the said Livision of Water Rights and the said City of Lodi; and WHEREAS said Division of Water Aights, in its letter of July 11th, 1930, to the City Attorney of the City of Lodi, - stated that said J. W. Preston Jr., who originally filed said applications "supported by representatives of the Pacific Gas and Electric Company and the riparian owners, made representa- tions to us (said Division of Water Rights) that there was a prospect these filings might be useful in adjusting (not ad- judicating) the Mokelumne River situation"-, and also "These applications may be useful in adjusting the general Mokelumne River situation because the permits of East Bay Municipal Dist- 4: COUNCIL CHAMBERS - - CITY COUNCIL CITY HALL - - CITY OF LO01 rict and Pacific Gas 8e Electric Company, which are creat- ing such concern in the Lodi area, were issued expressly subject to vested rights and these applications represent the most tangible and earliest priorities so far as we know under which this area may now proceed with further development under new appropriations. We are ourselves not clear just how the City of -Lodi may benefit from these applications unless it would be indirectly through stimulated agricultural development in surrounding territory." Further, the Division of Water Rights stated, "We could not suggest the particular steps . which should be taken in order to assure a further continu- ance in this matter. We feel that it Is a matter for the interested parties themselves to indicate the steps which they think may be desirable and useful. If anyone of these parties wishes to outline a course of action which.it feels may be desirable and useful we shall be pleased to advise if in our judgment this constitutes effort along lines proper to be considered as a manifestation of diligence. In a general way we can merely advise that whatever steps will properly advance the consummation of the appropriations sought under these applications as they now stand upon our records may be considered inthe way of diligence." NOW T3EMORE; BE IT RESOLVED That it is impracticable for the City of Lodi, as a municipality, to initiate and form an irrigation district which could utilize the permits, if granted, under the said applications;* BE IT FURTHER RESOLVED That the City of Lodi, having in its possession, the said data and information as aforesaid, including said engineering report regarding the said applica- tions and their beneficial adaptability, it is therefore the sense of this Council that its obligation to surrounding territory requires the presentation of the aforesaid data and information to the said landowners; - BE_IT FURTHER RESOLVED that the City Council of the City of Lodi shall cause to be submitted to the owners of lands in the territory referred to and described in the said applications the facts pertaining to the said applications and the beneficial uses to which the same might, if granted, be put as indicated in the aforesaid report, to the end that said.landowners may, if they so desire, take such necessary steps as may be required for the furture utilization, in whole or in part, of the said applications and permits if.granted, to the end that said landowners may, prior to any cancella- tions thereof, thoroughly familiarize themselves with the said applications and beneficial uses, to which the.same may be put. BE IT FURTHER RESOLVED That, in order to afford a proper investigation by all interested landowners, within the area proposed -to be irrigated under the said applications, of the matters proposed to be submitted as aforesaid, that the said Pacific Gas and Electric Company and/or The Arlington Proper- ties Company be and they are hereby requested to apply to said Division of+ater Rights for the necessary order continuing and keeping in -good standing said applications for a further period of one year from and after June 15th, 1932; and that said Division of Water Rights be and it is hereby requested to grant the said order, and to keep'said applications in good standing for the said period of one year thereby permitting the proper presentation and investigation as aforesaid; BE IT FURTHER RESOLVED That certified copies of this Resolution be delivered to said Division of Water Rights of the Department of Public Rorke of the State of California, and to said-eacific.Gas and Electric Company and said The Arlington Properties Company." And 44 COUNCIL CHAMBERS - - CITY COUNCIL CITY HALL -- CITY OF LOCI WHEREAS in the case of City of Lodi, -Plaintiff, vs. East Say Municipal Utility District and racific Gas and Electric Company, defendants, pending in the Superior Court of the State of California, in and for r1he County of San Joaquin, a trial has been had and judgment announced by the court in favor of plaintiff requiring said defendants each year to release certain waters of the Mokelumne River according to certain schedules set out in the memorandum of decision made and filed by said court in said matter, and whereas the findings and judgment in said action have not yet been signed but will probably be signed and filed by the court in the very near future; and whereas it is contemplated that said defendant East Bay Municipal Utili- ty District will probably appeal from said judgment; and whereas attorneys representing the City of Lodi in said action have advised said council that it would be inoppor- tune and premature to make the presentation of the facts i and data mentioned in the foregoing Resolution No. 659 to landowners owning lands in the Mokelumne River area until after the said judgment is signed, filed and becomes final, and whereas, because of such advice the said City Council has not yet caused the said information and data to be sub- mitted to said landowners; and WHEREAS the yeast Bay Municipal Utility District has heretofore been, and in all probability will hereafter be, until said judgment becomes final, permitted to divert from said Mokelumne River sufficient water to meet all its muni- cipal and domestic requirements in said district; and WHEREAS it appears to said City Council that no harm or detriment will be suffered by said municipal utility dist- rict by keeping alive the said applications until the judg- ment in said action becomes final;.and WHERS,AS the Division of water Rights of the State of California has heretofore indicated that the said applications may be useful in adjusting, and settling all the water rights upon the Llkke lumne River, and in this connection stated in 4� COUNCIL CHAMBERS --CITY COUNCIL CITY HALL - - CITY OF LO0I its letter of June 24th, 1930, to the City attorney of the City of Lodi that there was "prospect that these ap- plioations might be useful in assisting to a solution of the litigation now in progress to justify the continu- ance noted above"; and MEZR&AS numerous lawsuits are now pending between certain riparian owners and overlying landowners who own land along the "'okelumne River (there being over 150 plaintiffs in said actions) and said Last Bay Municipal Utility District, and whereas the said applications might be useful in settling and adjusting all differences exist- ing between said landowners and said district; and WF -2 -ZEAS East Bay Municipal Utility District has recently requested that said applications be cancelled;. NO`r'J THER PORE, BE IT RESOLVED That the City of Lodi hereby earnestly requests that the Division.of +dater Rights of the Department of Public Works of the State of California continue each and all of the said applications in good standing until such time as the judgment to be made and rendered in said action entitled as aforesaid shall have become final. 3E IT :URI= RESOLVED That certified copies of this resolution be delivered to said Division of Water Rights of the Department of Public "orks of the State of California. to Pacific Gas and Electric Company, to said The Arlington Properties Company, to said East Bay Municipal Utility District, and to the Federal Power Commission. The foregoing resolution No. 681 was thereupon passed and adopted by the following vote:- 3�S: Councilmen Spooner, Geagle, Clark, weihe and Steele (Mayor). NES: Councilmen, None. ABSEUT: Councilmen, None. Mr. Briggs E. Porter addressed the Council this time in regard to the water and light turn -on charges, and also in advocation of a uniform system of tree planting. No action taken on :r. Porter's recommendations. 46 COUNCIL CHAMBERS - - CITY COUNCIL CITY HALL --CITY OF LODI Bills in the amount of 0,391.94 as approved by the Finance Committee were allowed and ordered paid on motion of Councilman ::eagle, Weihe second. Mr. "auee" Prentice again adressed the Council in regard to night base ball, asking that the sum of $300.00 be ;— included in the nest budget for this purpose. On motion of Councilman Weihe, Spooner second, tate City contributed $15.00 toward the expense of sending a delegate from the local fire department to the Fire Chiefs' Convention to be held at Woodland. On motion of Councilman Weihe, the Council adjourned to the day and hour of its next regular meeting. Attest: C:�'2"4itylerk. The foregoing minutes of a regular xeeting of the City Council of the Cit; of Lodi were read at a subseivant regular •eetinE of said Council held .71.11y 17, 1933 and approved without correction. Llayor of t !e city of Lodi July 17, 1933.