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HomeMy WebLinkAboutResolutions - No. 600RESOLUTION NO. 600 This Resolution was adopted October 7, 1929 Protest against the pollution of Mokelumne River by a dredger near Lancha Plana NO COPY ON FILE (minutes of Cct.7-1929 continued) 361 On motion of Councilman ,;eihe, Roach second; Er .i.G.Hurrle was appointed water inspector at a salary of $150.00 per month for one month. City Attorney Glenn ,lest stated that Mr Stephen E. Kieffer was no more interested in the Arroyo Seco projectandthat his name should be dropped as defendant from suits of the City versus certain arpropriative applicants on the Yokelumne River. He :as authorizes ana directed -to dismiss suits against 1r Kieffer by adoption of the following: - RESOLUTION NO. 598 JHE AS the City of Lodi has brought 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, against East Bay r�`unicipal Utility District, a corporation, and others, which action is numbered 22,415; and, ;THEREAS, Mr Stephen E. Kieffer is a party defendant in said action; and, :`IHERr, S, it appears that applications of said Stephen E. Kieffer filed with California Division of Water rights to divert waters from the Mokelumne River have been dismissed and it does not appear that there is any further necessity of continuing said action as against said Kieffer; NOT THEREFORE BE IT HEREBY RESOLVED, that Glenn Jest as City Attorney, and THEREFORE, BE 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 .7IE3IEAS 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 against East Bay Municipal Utility District, a corporation and others; AND .WHEREAS one Stephen E. Kieffer is a party defendent in said action and whereas it appears that applications of said Stephen E. Kieffer filed with California Division of .tater Rights, to divert waters from the Mokelumne River have been dis- missed, and it does not appear that there is an further necess- ity of continuing said action as against said Kieffer; NO7 THEREFORE, BE IT RESOLVED, that Glenn .lest 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. The foregoing Resolutions numbered 598 and 599 were there- upon adopted by the following vote: - AYES: Councilmen, Shattuck Jeihe,Hale,Roach Spooner; NOES: Councilmen, None. ABSENT: 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 town -site of Lancha Plana were causinggreat amounts of silt and other detritus to be discharged into te Mokel»ne River whereby its waters wereolluted and made unfit for use as well as unsightly.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 RESOLVED, that,"t7hereas a certain company or parties are operating a dredger on or near the Mokelumne _,iver at the old town of Lancha Plana and are dumping the refuse and debris from the same into the Mokelur:ne River, and whereas, by reason of the premises the waters of theokelumne"River are badly polluted irom silt, mud and debris from said dredger ; 36, (minutes of Cct.7-1929 continued) AND, .;-1P SAS, it appears that the pollution of said stream is causing great damage to alfalfa and oIher crops irrigated by the watersof said stream; and whereas the continuation of said practice may seal the percolating channels of said river and here cause great and irreparable damage and materially affect the underground Nater table in the City of Lodi and vicinity; RESOLED, that the City of Lodi hereby protests against the continuance of said practices, pollution of said river and against the dumping of any debris, silt or refuse of any kind in any stream; BE IT FURTER RESOLVED, that a copy of this resolution be sent to the California Fish & Game Commission, California Board of Public :forks, 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 FURTHER 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 apooner. 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. Searis, of a letter from Mr Paul Bailey, Civil Engineer, late- ly with the California State Division of .pater Rights, offering his expert services in the determining of the effect of waters of the Mokelumne River on percolating waters supplying this City. Mr Bailey was retained as consulting engineer by the passage of RESOLUTION NO. 601 :+ ^AS the Cityof Lodi has commenced an action in the Superior Court of the State of California in and for the County of San Joaquin against East Bay Municipal utility District and others for the purpose of restraining defendents therein named from diverting waters from the Liokelumne River and for the pur- pose of protecting the underground water supply of said City; AND :iEREAS, 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 EMIT A and made part hereof; AND 7HyREAS it is the desire of said City Council to employ said Paul Bailey as one of its engineers for the purpose of making a study of the underrro::nd water conditions in said City of -Lodi and vicinity and tor the purpose of furnishing the necessary report or reports -and evidence as referred to in said letter; �+� NOW T.}Li EFORE, BE IT RESOLVED, 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 for the purpose of -making report or reports and furnishing the evidence set out and contemplated in said letter; BE IT FURTHER RESOLVED, that the said 7aul 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 new field work which will be required as mentioned and contemplated in items "1" and "2" on page one of said letter. BE IT FURTHER RESOLVED, that said City pay said Paul Baileyfor making such study of existing data and preliminary reporthe sum 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 beid forthwith as a retainer and the balancer to -wit, the smm of$ 250.00 upon the presentation of said pp�relimina report. • BE IT FURTHER RESOLVED, that the 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;