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HomeMy WebLinkAboutMinutes - May 17, 1967 (2)66 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CKP,!!ME.:Z3 Kay 17, 1967 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m. of Wednesday, May 17, 1967, in the City Hall Council Chambers. ROLL CALL Present: Councilmen - BROUiJ, CULBERTSON, HUi*1ELL WALTOU and KIRSTEY (Mayor) Absent: Councilmen - None Also present: City Manager Glaves, City Attorney Mullen, Administrative Assistant Peterson and Planning Director Schroeder. MINUTES On motion of Councilman Culbertson, Hunnell second, the Minutes of May 3, 1967 were approved as written and mailed after correcting the paragraph on page 4 entitled "Health Insurance" as follows: Change the fourth sentence to read as follows: "Mr. Glaves recom- mended that this coverage be increased to $28 at an added cost of $1.20 to the City per employee and an added cost of $1.80 to the employees for dependents. Change the sixth sentence to read as follows: "This would increase the cost of the insurance by $1.90 to the City per employee and $2.90 to the employees for dependents." CORNU ICATICITS SUPER DIOL] A letter was read from Super Hold Corporation stating RE 5XSS.'NSIa4 that at the time it was looking for a site to relocate, OF WATER MAIN the City had indicated it would make utilities avail- able when required in the event Super Mold relocated in Lodi. They are now asking to be supplied with a 10" water main at the northeast corner of the property in the vicinity of Cluff and Lodi Avenue. Mr. Glaves reported that he has been meeting with Super Mold officials the past few days because of an apparent misunderstanding concerning the extent of the City's cooperation. Super Mold understood that making the utilities available meant that the City would bear the cost. Mr. Glaves pointed out, however, that on September 28, 1966, the Director of Public Works had informed a local realtor concerning the proposed devel- opment that the cost of extending the 10" line to fit the needs of the development would be charged to the developer. Apparently misunderstandings evolved in subsequent meetings. He said the Council could do one of three things: Adhere to the City's policy, change the policy, or make an exception to the policy as being justified in this instance. The cost of the extension would be approximately $18,700. Members of the Council were not in agreement as to the City's intention in saying it would make the water line available to Super Hold. Nayor Kirsten and Councilman Brown were of the opinion that the City intended to pay for the extension; Councilman Hunnell and Culbertson felt the intent was that the City would make it available when needed, but at the developer's expense. It was moved by Councilman Walton that the City pay for the extension of the 10" water main along Cluff Avenue from Pine Street to the Super Mold property, it being understood that this action is an exception to the City's policy due to misunderstanding of statements made at the time Super Mold was looking for a site. The motion was seconded by Councilman Brown and carried by unanimous vote. 5-4 Minutes of Play 17, 1967 continued CECIL HARP RB A letter was read from Mr. Cecil H. Harp requesting NUMBER OF a policy determination on density of residential units UNITS ALLOWED in R-3 and R-4 zones specifically in areas where streets are to be widened with the subsequent loss of square footage to the property owner. He considered that it was an undue hardship to the property owners to base the density on the remaining square footage rather than the original square footage. Par. Glaves made a sketch on the blackboard of Mr. Harp's property showing the setback lines which had been established and an record since 1955 and 1958. The property has been rezoned to R-3 and according to its present area would allow the construction of 30 units, but because of the setback lines and impending acquisition of right of way by the City, 26 units is the limit. This reduction in units is considered in the appraisal for the right of way and the City would be buying property worth 4 units. He further explained that the City's General Plan is the basis for determining the utilities required and that if too many changes are made increasing the densitK the density will eventually exceed the capacity of utilities. The property owner was aware of the setback lines when he purchased the property, and Mr. Glaves felt the policy should be adhered to. Councilman Walton moved that the matter be referred to the Planning Commission and the motion died for lack of a second. Planning Director Schroeder said he had told Ph:. Harp that he could build 30 units which was the number allowed according to the acreage. There was consider- able discussion concerning the setback line policy and whether it effects density. It was felt that a determination should be made by the staff on the setback line policy as there was a divergence of views thereon. The matter was continued to the meeting of June 7, 1967. CATV r: letter was read from Ur. Duane Martin, West Coast representative for American CATV, Inc., a cable tele- vision firm. The letter requested that he be informed if the City is contemplating granting a CATV franchise. On motion of Councilman Walton, Brown second, the City Council deferred any action until a specific application for a franchise was received. Mr. Martin is to be so notified. ABC LICW:SE Notice was read of application for Alcoholic Beverage License, Changing partner, by Patrick C. Belding and Dennis B. Herr, Der Gut Zeit/The Good Time, 114 N. School St. PLANNING COMbaSSION The following actions of the Planning Commission were reported: 1. Denied the request for a change in zoning from the R-2 zone to the C-1 zone for property at 1200 West Turner Road. 2. Requested an opinion of the City Attorney in regard to senior citizenst housing being developed as an integral part of church facilities. 3. Approved the request of the Mennonite Brethren Church of Lodi fox a use permit for church facilities on a parcel of approximately three acres at the south- east corner of West Vine Street and South Mills Avenue. The Planning Commission amended this request to include senior citizens' housing as part of the requested church facilities and established certain conditions on the use permit. RK L;inutes of May 17,_ 1967 continued R/W FROM In the matter of obtaining a 20 -foot right of way and STAi"Y BECKMAN additional easement from Stanley Beckman in connection with installation of Outfall Line No. 2, City Attorney Mullen recommended that the Council approve payment of $5,000 to Mr. Beckman in exchange for the right of way and easement. On motion of Councilman Brown, Walton second, the City Council accepted the deed as recom- mended. POLICY RE bir. Glaves explained that the Planning Commission has FRM4TAGE ROADS adopted a plan for Lower Sacramento Road calling for limited access with a frontage road. Since St. Peter's Lutheran Church is planning to start construction on _ its property on Lower Sacramento Road, a policy deter- mination should be made by the Council on who is to pay for the frontage road improvement. A number of other agencies had been contacted by the Planning Director and in each instance be found that dedication of the land - 3 - 4. Approved the request for a variance to reduce the required 5 -foot side yard to 4 feet to permit the addition to a dwelling at 727 North Loma Drive, having determined that a hardship existed. S. Determined that no zoning hardship existed and denied the request of the Bethel Open -Bible Church for a variance to increase the maximum number of apartment units permitted from 24 units to 30 units on the north side of the church's property at the northeast corner of Ham Lame and Sylvia Drive. REPORTS OF THE, CITY MANAGER CLAIMS Claims in the amount of $425,133.57 were approved on motion of Councilman Walton, Brown second. CITY CAB CO. A request has been received from Mr. and bars. Edward E. TRANSFER TO Dancer to transfer their permit to operate the City DOYIS BROWN Cab Company within the City limits to Mr. and Mrs. Doyle Brown. The transfer f&approval of the City Council. Mr. Glaves stated a background check has been made on Mr. and Mrs. Brown and is satisfactory. Councilman Hunne2l moved that the transfer of taxicab permit to Mr. and Mrs. Brown be approved. The motion was seconded by Councilman Walton and carried by unanimous vote. - R/W FROb1 ;;r. Glaves presented a deed from Woods School District .AMS SCHOOL for right of way along Tokay and Virginia Streets in DISTRICT the area of the Vinewood School. On motion of Council- man Walton, Brown second, the aforesaid deed was accepted by unanimous vote. R/W AT SW A deed was presented from the Executrices of the Ada L. CORivER OF Hutchins Estate for right of way on Lodi Avenue and "-A & LOOI 'Avg. Ham Lane with the condition that the City will pay for installation of curb, gutter, paving and other street improvements. It is understood that sidewalk will be paid for by the developer. ?here is a further con- dition that if any vines and/or the pumping plant are removed from said parcels prior to the completion of the 1967 irrigating and harvest seasons, the City will furnish to the tenant an alternate supply of water for any crop damage by reason of removal of the vines. On motion of Councilman Brown, Walton second, the deed from the Ada L. Hutchins Estate was accepted by -unani- mous vote. R/W FROM In the matter of obtaining a 20 -foot right of way and STAi"Y BECKMAN additional easement from Stanley Beckman in connection with installation of Outfall Line No. 2, City Attorney Mullen recommended that the Council approve payment of $5,000 to Mr. Beckman in exchange for the right of way and easement. On motion of Councilman Brown, Walton second, the City Council accepted the deed as recom- mended. POLICY RE bir. Glaves explained that the Planning Commission has FRM4TAGE ROADS adopted a plan for Lower Sacramento Road calling for limited access with a frontage road. Since St. Peter's Lutheran Church is planning to start construction on _ its property on Lower Sacramento Road, a policy deter- mination should be made by the Council on who is to pay for the frontage road improvement. A number of other agencies had been contacted by the Planning Director and in each instance be found that dedication of the land - 3 - 59 Minutes of May 17, 1967 continued and all costs for improving the frontage road are borne by the developer and the staff recommended this policy be adopted. Councilman Culbertson agreed with this procedure, and moved that the Council adopt a policy requiring that the developer pay all frontage road costs. His motion died for a lack of a second. — Nur. Clint Hoellworth, 719 South Garfield Street, representing St. Peters Lutheran Church, said the Church is the first to be developing in the area and there was no need for a fxontage road. He felt the policy outlined did not seem fair because if at some time the City felt it was necessary for the frontage road to go in to the north of this property, it would negotiate for right of way; in other words, when the City wants right of way it pays, but when the developer .wants it, the developer pays. Mr. M. 0. Ray, Jr., 1261 Edgewood Oxive, said he owned a small parcel north of that of the church. He suggested that if the frontage road is not needed now, that a setback line be established and that a bond be furnished to guarantee payment of the improvement when needed, He felt the City should help to pay for the frontage road. After discussion by the Council, Councilman Walton moved that the Council adopt the policy that frontage road costs are to be paid by the developer. The motion was seconded by Councilman Culbertson and carried by the following vote: Ayes: Councilmen Culbertson, Hunnell, Walton and Kirsten NToes., Councilman Brown PUBLIC SAFETY Mr. Glaves reported that the contract for the con - BLDG LANDSCAPE struction of the Public Safety Building contained much IMPROVEMENTS of the concrete installation of the Niall. Subsequently+ a landscape plan was designed by Paul Tritenbach and accepted by the Council. It was therefore necessary to revise the contract with Roek Construction Company in order to comply with the landscape plans. This prob- lem has been discussed with Nur. Varner, architect for the building, and he has been able to work out a solution with the contractor. The contractor has secured bids from subcontractors for work not covered by the contract including landscape sprinklers, benches, electrical work, etc. totaling $28,813. Mr. Glaves said this could be added to the contract by change order. Councilman Culbertson moved that a change order be issued for the work listed with a provision that the Council has an opportunity to look at the granite curbs before installation. The motion was seconded by Councilman Walton and carried by unanimous vote. GRADE Discussion of the Public Utilities Commission report CROSSING REPORT on grade crossing protection within the City of Lodi CCRTIMUED was continued. PURCHASE CARS A new vehicle is required by the Meter Repairman to LOCALLY replace the panel truck presently being used. It has been determined that a small sedan would be satisfactory SPECS - in lieu of a panel truck. Nur. Glaves stated that the SMALL SEDAN City would be able to save $300 by purchasing the vehicle through the State instead of going to bid and that the final date for placing the order with the State is the end of May. He requested the Council to make a determination whether to purchase the car from the State or give local dealers an opportunity to bid. Councilman Walton moved that the City buy from local dealers and xnat the specifications for a compact sedan be approved and calling for bids authorized. The motion was seconded by Councilman Brown and carried. U-11 Minutes of May 17; 1967 continued RECESS Mayor Kirsten declared a recess at 10:4-; p.m. EMERSON PARK iir. Glaves explained that the current budget calls for RESTROCKS the construction of restrooms at Basin A-1. However, the question of restrooms at Emerson Park has been raised and the Recreation Department will be recommend- ing for next year's budget that a Senior Citizenst area be installed at the southeast corner of Emerson Park for shuffle board, horse shoes, etc. Because of these factors and because there may be some design changes at Basin A-1, ldr. Glaves recommended that funds be transferred for the installation of restrooms at 2merson Park rather than Basin A-1. On motion of Councilman Walton, Hunnell second, the City Council approved the recommendation for transfer of funds to provide for installation of restrooms at Emerson Perk. WALL AT The City kanager reported that estimates obtained by LAKE PARK 3d DeBenedetti, Director of Recreation and Parks, BEACH AREA indicate that the cost of a wall behind the beach area at Lodi Lake Park would run as high as $30,000 if let to bid. On the other hand, bir. DeBenedetti is pro- posing that the City construct by force account a wall of broken concrete sidewalk such as has been built at Laurence Ball Park. He estimates that the work could be done for an approximate cost of $3,900. On motion of Councilman Walton, Culbertson second, the City Council authorized the construction of the wall at the Lodi Lake beach area by force account as recommended. SPECS - Plans and specifications were submitted for the B-2 B-2 OUTFALL Cutfall Storm Drain which is a portion of the outfall STORM DRAIN line to the Lodi Lake Pump Station from Erich Park No.2. On motion of Councilman Brown, 4alton second, the Council approved the plans and specifications for B-2 Outfall Storm Drain and authorized calling for bids thereon._ WATER Mr. Glaves reported that during the summer the City VIOLATIONS has a man checking for watering violations in addition to other duties and that he has checked as many as 90 calls a day. Many of the calls are reported by neighbors. During the past four years, no citations have been issued. Hereafter, if persons refuse to com- ply with the regulations, citations will be issued. Cyi SALARY On motion of Councilman Walton, Hunnell second, the INCREASE City Council increased the salary of the City Manager by $100 per month effective Uay 1, 1967, by the adoption RES. NO. 3050 of Resolution No. 3050. ASSISTANT Councilman Walton expressed his concern over the POUNDMASTER increased problem of dogs running loose. He cited a & DOG CONTROL recent instance of a woman receiving a very serious dog bite. Stating that the City needed another full time poundman, Councilman :Talton moved that an assistant be hired for the Poundmaster immediately and that the purchase of a vehicle for his use be authorized. The motion was seconded by Councilman Brown. After dis- cussing the need for strict enforcement and for a review of costs and revenue, the motion carried unani- mously. POLICE DEPT. Councilman Walton said the annual report from the Chief ANNUAL REPORT of Police was outstanding and he moved that the Mayor send a letter of commendation to the Chief. The motion was seconded by Councilman Brown and carried. - 5 - !il Minutes of May 17, 1967 continued ORDINANCES AMEND CODE XS ORDINANCE NO. 840, entitled "Ail ORDINANCE AMENDING BARBER AND CHAPTER 27 OF THE CODE OF THE CITY OF LODI AND THEREBY BEAUTY SHOPS 3LIbIINATING FUTURE BEAUTY ATa BARBER SHOPS FROM THE R-4 MULTIPLE FAMILY INSTITUTIOiIAL RESIDENCE DISTRICT ORD. NO. 840 ALNBEAUTY SHOPS FROM THE R-3 LIMITED MULTIPLE M11 LY ADOPTED RESIDENCE DISTRICT," having been introduced at the regular meeting of May 3, 1967, was brought up for passage on motion of Ccuncilman Brown, Walton second. Second reading was omitted after reading by title, and the ordinance was then passed, adopted and ordered to print by the following vote: Ayes: Councilmen Brown, Culbertson, Hunnell Walton and Kirsten Noes: Councilmen - None FURTHER REPORTS CONTRACTORS! Councilman Culbertson said he had been contacted by LICENSE FEES several contractors complaining about inequities in licensing. He said he would like to have a review made of license fees and penalties in the cities and the County. INTERGOV'T Councilman Culbertson reported on the organisational PLANNING meeting held in Stockton on formation of a County -wide ALLIANCE intergovernmental planning alliance. Contrary to the views of the Lodi Council, the majority had voted for a 30 -day withdrawal period and for the County to pay all expenses. The name was also changed to "Cities and County of San Joaquin Advisory Planning Association." He said the question of voting had not been determined and mentioned the letter received from Chairman Perino of the Board of Supervisors and Mayor Rishwain of Stockton who recommended that the City of Stockton receive five votes, the County three, and othez cities one vote which would make a total of thirteen votes. Mayor Kirsten said he was unalterably opposed to such a suggestion. Councilman Walton moved that Councilman Culbertson continue to uphold the thinking of the City Council that there should be one vote for each agency. The motion was seconded by Councilman Hunnell and tarried. ADJOURNMENT There being no further business, the meeting adjourned at 11:30 p.m. on motion of Councilman Brown. Attest; BEATRICE GARIBALDI City Clerk