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
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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