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HomeMy WebLinkAboutMinutes - September 6, 1967E M - CITY COUNCIL, CITY OF LCDI CITY HALL COUNCIL CHA4BERS SEPTEMBER 6, 1967 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m. of Wednesday, September 6, 1967, in the City Hall Council Chambers. ROLL CALL Present: Councilmen - BRO*JN, CMIM TSON, HUNNELL, WALTMI and KIRSTEN Absent: Councilmen - Atone Also present: City -Manager Glaves, City Attorney Mullen, Administrative Lssistant Peterson and Planning Director Schroeder. MINUTES Minutes of August 16, 1967 were approved as written and mailed on motion of Councilman Culbertson, Walton second. PUBLIC HEARINGS A,COSTA Notice thereof having been published in accordance APPEAL with law, Mayor Kirsten called for public hearing on the appeal of A. Costa from the requirement of the Planning Commission that approval of the Map of Shady Acres Subdivision requires the developer to provide 6 -foot fencing to shield the Cityls well site from proposed Lots 20 and 21, such fencing to consist of redwood boards with pipe posts located on continuous concrete curb. Mr. Victor Meyer, 41 South Sacramento Street, representing ioir. Costa, presented members of the Council with copies of a drawing showing the well site and right of way that was to be exchanged. He said that at the time felt. Costa had agreed to pay for the fencing he had assumed that it would cost around $430, but later sound out that the fence being required by the City would cost around $1500. feir. Meyer said that at the time the conditions were agreed upon, no standard design for the fence was available. He felt the City had some responsibility and was therefore asking the City to share the difference in cost. Since there were no other persons in the audience who wished to speak on this matter, the public portion of the hearing was closed. kccording to City Manager Glaves, to accommodate the subdivider the City had agreed to exchange the present roadway to the pump for a new access which the City was not requiring the subdivider to improve, the fencing required of the subdivider was to protect the property owners in the subdivision, and the City would be responsible for the fence on the other two sides. He said it was the same type of fencing that has been required for the City's last two wells and the subdi- vider could have obtained the fence design from the City at the time the fencing was agreed to. Councilman Culbertson said he had questioned payment of the fence by the subdivider because he felt the well was a non- conforming use in a residential area and the City should be responsible for the fencing. On the other hand, Councilman Walton was of the opinion that the well was not non -conforming, that the subdivider had agreed to certain conditions, and was now coming to the Council vrith one point. Councilman Hunnell pointed out that the subdivider had waited over 100 days beyond the deadline for making an appeal, before coming to the Council. After further discussion, Councilman Walton moved that the appeal of __. Costa from the requirement - 1 - 14C Minutes of September 6, 1467 continued - 2 - of the Planning Commission in regard to fencing a City well site as a condition for approval of the map of Shady Acres Subdividion be denied. The motion was seconded by Councilman Hunnell and carried by the following vote: Ayes; Councilmen - HUNP:ELL, WALTON and KIRSTEN Noes: Councilmen - BRCkjN and CULBERTSON CORO Mayor Kirsten introduced the following students repre- FOUMATION senting the Coro Foundation which trains young men and GROUP women for leadership in public affairs: Vicki Rothberg, University of California; John Bruckman, San Jose State; Roy Sussman, Yale; John Wilson, University of California; and Alex Saldamando, University of California and Hastings Law School. The group is making a survey of the City of Lodi. APPEAL - Notice thereof having been published in accordance LCDI UNION with law, the Mayor calling for public hearing on the ACADFJ&Y appeal of Lodi Union Academy to rezone 200 feet of their property on the north side of Kettleman Lane from Cherokee Lane to Central Avenue from R-4 Valtiple Family -Institutional Residence District.to C-2 General Commercial. Their request for this rezoning had been denied by the City Planning Commission, Mr. J. Thomas Seibly, Attorney at Law, representing Lodi Union Academy, stated the academy has been changed to a day school and that a master plan has been drawn up for the property, including new school buildings and the use of the property facing Cherokee Lane and Kettleman Lane for commercial enterprises. He said the commercial zone would act as a buffer between the school and the highways. in his opinion, Kettleman Lane was not analogous to Lodi Avenue as "strip" zoning, since Kettleman Lane had 150 feet of right of way which would be ample for traffic even with commercial zoning on both sides. He said the academy had no intention of selling any of this property, but that the commercial area would be leased. There were no others in the audience who wished to speak on the appeal. Three letters were received but not read, all in favor of the appeal. The public portion of the hearing was then closed. Members of the Council discussed the effect such rezoning would have an the use of Kettleman Lane and on the Master Plan in regard to sewers, drainage, etc., whether it would be "strip" zoning, and whether a study of the entire street should be made. Councilman Brown moved that the appeal of Lodi Union academy be approved and that the property on the north side of Kettleman Lane between Cherokee Lane and Central Avenue be rezoned from R-4 to C-2 for a depth of 200 feet. The motion was seconded by Mayor Kirsten, and failed to carry by the following vote: Ayes: Councilmen - BROUR11 and KIRSIEN Noes. Councilmen - CULBERTSON, HUNNELL and WALTON KETTLrmAa LAis Councilman .jalton move& that the matter of zoning along, MNIAG REFF.RRE.J Kettleman Lane from the Freeway to Lower Sacramento TO P. C. ;oad be referred to the City Planning Commission. The Notion was seconded by Councilman Hunnell and carried, with Councilman Brown voting no. - 2 - 110 Minutes of September 6, 1957 continued JAKE BIETZ lir. Jake Bietz, 409 Eission Street, addressed the Council in regard to the house of iiaurice 0. Ray, Jr., on Wellswood Avenue which is to be moved. He was told that Kr. Ray had found a lot to which he could move the house so it should not be much longer before the house is relocated. C. HOELI-WORIH i:r. Clint Hoellworth, 719 South Garfield Street, representing St. Peter's Lutheran Church, said that he had been working with the City staff in regard to drainage of the church property and he would like to enlighten the Council concerning the problem. On motion of Councilman Hunnell, Walton second, the matter was placed on the Agenda of September 20. JCWT ZENNCO Ux. John Zenco, 225 North Hutchins Street, complaine6 RE DOGS about dogs barking and running loose. He was informed that the City was getting another pound truck and had hired an assistant to the Poundmaster in an effort to reduce the problem.; PLADL1 LTG CGbFISSI0N FINAL 'WAP - All of the requirements of the City having been met, SHADY ACRES the final map of Shady F_cres Subdivision was presented SUBDIVISION for Council approval. On motion of Councilman Brafin, Hunnell second, the final map of Shady Acres Subdivision was approved and the Mayor directed to execute the Subdivision Agreement by unanimous vote. SHADY ACRES In connection with the Shady Acres Subdivision, a PROPERTY deed has been received from Mr. and Mrs. Anthony J. EXCHANGE Costa in exchange for City property to provide a new right of way to the City well site in the subdivision. Councilman Brown moved that the deed be accepted from the Costa's and that the idayor be authorized to sign the deed conveying the City property to Mr. and Mrs. Costa. The motion was seconded by Councilman Hunnell and carried by unanimous vote. PROPOSED The Planning Commission has recommended that the ZONING Zoning ordinance (Chapter 27 of the Code) be amended -DEFINITIONS to include definitions for the following: Mobile Homes and/or Trailer Parks, I•Iursing Homes or Convalescent Homes, and Hospitals. On notion of Councilman Culbertson, Hunnell second, the proposal was set for public hearing on September 20, 1967. PC ACTIONS The Planning Commission also took the following actions of interest to the Council: 1. Adopted a general list of reasonable conditions which may be applied to use permits. 2. Recommended to the County denial of the request of Signal Oil and Gas Company for a use permit to erect a service stat --on at the southeast corner of Kettleman Lane and Lower Sacramento Road. 3. Denied the request of i4x. Eugene E. Jerome for a variance to increase -d-,e maximum permitted sigh area at 114 North Sacramento Street. 4. Approve3 the request of mr. iiac Prussner for a variance to reduce the required 5 -foot side yard to permit an addition to an existing dwelling at 309-1/2 Daisy Avenue. - 3 - 111 Minutes of September 6, 1957 continued COWUNICATIOTIS TEIERLE LOT - A letter was read from Etherton & Dozier, Attorneys - NE CORNER OF at -Law, stating that their client, Mrs. Teierle, HAM & LODI AVE. owner of the lot at the northeast corner of Lodi Avenue and Ham Lane, had offered to sell her property to the City at a fair price, but if the City decides to buy just a portion of her property, she will seek damages for injuries to her home. Public Works Director Jones said the present plans for signalization and improvement of the Ham Lane -Lodi Avenue intersection do not include Mrs. Teierlets property. Councilman Culbertson stated this was a bad corner, and he would like to see plans for its ultimate improvement. Mr. Glaves said he would present a drawing at the next meeting. CORINTH AVENUE A petition for installation of street lights on Corinth STREET LIGHTS Avenue between Elm Street and Lodi Avenue certified by the City Clerk to contain signatures of owners of RES. NO. 3084 more than 60% of the property described in the petition AND was presented for action by the Council. The RES. NO. 3085 petitioners have waived the investigation provided fox by the "Special Assessment, Investigation, Limitation and Majority Protest Act of 1931" in connection with the installation. Plans and specifications for the proposed district were also presented. On motion of Councilman Culbertson, Hunnell second; the City Council adopted Resolution No. 3084 adopting the plans and specifications for the lights for the Corinth Avenue Street Lighting District. On motion of Councilman Culbertson, Hunnell second, the City Council adopted Resolution No. 3085 stating the Council's intention to form the Corinth Avenue Street Lighting District and setting public hearing thereon for October 4, 1967. CATV A letter was read from Television Unlimited expressing interest in servicing the City with a cable television system and encouraging the City Council to initiate action on a CATV ordinance so that formal application can be made. hir. Gordon Rock, representing Television Unlimited, said that his company cannot request a permit to install CATV until the City has an ordinance and that be would be glad to send the City staff copies of ordinances of other cities. City Attorney Mullen stated the League of California Cities also has a model ordinance for CATV. The Council agreed that the staff should investigate and report on this matter. BOB t"AGAN A communication was received from Assemblyman Bob RE FEDERAL TAX Monagan requesting the Council to endorse Assembly SHARING Joint Resolution No. 29 urging the Congress of the United States to enact a tax sharing program. Copies of AJR No. 29 will be mailed to members of the Council. ABC LICENSES The following applications for Alcoholic Beverage licenses were noted: 1. James A. and Marilyn Brookes, On Sale General, "El Rancho," 621 North Cherokee Lane. 2. Edgar R. Wimer, original application for On Sale Beer, 'The Friendly Tavern," 23-25 Noxth Sacramento Street. 3. From D. F. Evans and D. D. herr to Peggy J. Schieber, On Sale Beer, "Travelers9 Tokay Lane," 114 North School Street. - 4 - 112 Ninutes of September 6, 1967 continued REPORTS Or CI —LZ ;,ZANAGER CLAIMS Claims in the amount of $424,435.24 were approved by unanimous vote of the City Council on notion of Councilman Culbertson, Brown second. ANTARD - Bids received for the pumps and motors for B-1 3-1 PUKPS AUD Retention Basin were as follows: 'DTORS San Joaquin Pump Co. $7104.50 RES. NO. 3086 Aunz Pumps 8268.26 Delta Pumps 8748.24 Clancy Pump & Supply 8788.85 Ur. Glaves recommended that award be made to the loci bidder, San Joaquin Pump Company. Councilman Walton. Hunnell second, moved the adoption of Resolution No. 3086 awarding the contract for the furnishing and and installation of pumps and motors for Basin B-1 'to San Joaquin Pump Company for a total of $7104.50. The motion passed unanimously. A ARD - Nx. Glaves reported that only one bid had been VINE ST. IMPVTS received for improvement of Vine Street - 150 feet East of Crescent Avenue to Hutchins Street. The bid RES. NO. 3J87 was from the Claude C. hood Company for a total of $14,764.50. The Public :forks Department feels that a lower bid cannot be obtained by readvertising and therefore recommends that award be made. On motion of Councilman Culbertson, Brown second, the City Council adopted Resolution No. 3087 awarding the contract for the Vine Street Improvements to Claude G. Wood Company for a total of $14,764.50. AWARD - Tao bids were received for improvement of the Liam Lane- HAN1 LANE - LODI Lodi Avenue Intersection, as follows: AVE INTERSECTION Tompkins & Gallaven $30,331.80 RES. NO. 3088 Claude C. {food Co. 31,126.70 Ut. Glaves reported that Tompkins & Gallaven had agreed to remove the subcontractor, Elmer Brown, and would do that portion of the worlc themselves. Councilman Hunnell moved the adoption of Resolution No. 3088 awarding the contract for the Ham Lane -Lodi Avenue Intersection project to the low bidder, Tompkins & Gallaven, subject to removal of the subcontractor, for notal of $30,331.80. The motion was seconded by Councilman Walton and carried, with Councilman Brown abstaining. AWARD - Pir. Glaves stated that no bids had been received for STREET MATERIALS street materials at the time set for opening of bids. However, Claude C. Wood has submitted the following RES. NO. 3089 cuotation which Mr. Glaves recommended be accepted: 7CO T Class 2 -_gcTegate base 2.55/1 300 T Concrete sand 2.70/2 300 T Asphalt concrete 3/8" SC -800 6.45/T 1000 = Asphalt concrete 1/2" 85-100 6420/2 2C00 T Asphalt concrete 3/8" 85-100 6.45/T Councilman Brown moved that any irregularity in the bid be waivad and that Lie Council adopt Resolution No. 3089 awarding the contract for the street materials to Claude C. Wood Company in accordance with the Company's quotation. she motion was seconded by Councilman Hunnell and carried by unanimous vote. - 5 - 11.9 tKinutes of September 6, 1967 continued AWARD - The following bids were received for Subdivision SUBDIVISION Paving Project 1967, PAVING 1967 get the property owners of 801 South Church Street to Claude C. Wood Company $58,159.50 RES. NO. 3090 Tompkins & Gallaven 59,019.00 On motion of Councilman Hunnell, Culbertson second, the City Council adopted Resolution No. 3990 awarding the contract for Subdivision Paving Project 1967 to the low bidder, Claude C. good Company. SCHOOL Mr. Glares xeported that the request for a "No -Parking" NO PARKING zone on Pacific Avenue by the School District has been REQUEST withdrawn for further study by the District. WITHDRAWN by unanimous =rote. The matter of surveying the City SPECS - Plans and specifications for B-1 Basin Structures and B-1 BASIN Drainage System were approved and calling for bids STRUCTURES thereon_ authorized by unanimous vote of the Council on motion of Councilman Culbertson, Walton second. SCHOOL A request has been received from the Lodi Unified CROSSWALK Elementary School District for an additional school ACROSS HAM crossing across Ham Lane at the south side of Turner AT TURNER Road. The crosswalk is needed because of a change in school boundaries, The Public Works Department has RES. NO. 3091 recommended approval of the request. Councilman Culbertson moved the adoption of Resolution No. 3091 establishing a school crosswalk across Ham Lane at the south side of Turner Road. The motion was seconded by Councilman Walton and carried by unanimous vote. SIDEWALK The City Manager stated that at the request of the INSTALLATION Council, an effort has been made fox the past year to AT 801 S. CHLRCH get the property owners of 801 South Church Street to install sidewalk at that address. However, the side - RES. NO. 3092 walk has not been installed and staff would like to know whether to drop the matter or proceed. Councilman Culbertson moved the adoption of Resolution No. 3092 directing the Superintendent of Streets to proceed to give notice in regard to sidewalk construction at 801 South Church Street- in accordance with Section 5876, et seq., of the Streets and Highways Code. The motion was seconded by Councilman Walton and carried by unanimous =rote. The matter of surveying the City for areas lacking in sidewalk is to be placed on the September 20 Agenda. MAINTENANCE OF Slr. Glaves explained that the new communications con - COMMUNICATIONS sole in the Public Safety Building carries with it a EQUIPMENT one-year warrantee and that the contractor who furnished the equipment has a contract with McGee Communications Electronics, Stockton, for this purpose. The City has been using the Services of Delta Industrial Communi- cations, Stockton, the agent for Motorola which installed the radio equipment in the early fifties. Since it would be preferable to have one firm do the maintenance work, the City made a comparison of costs between Delta and McGee on the present equipment which showed that McGee was $120 a month less than Delta. idr. Glaves recommended that the City enter into a con- tract with McGee fox maintenance of all the City's radio communications equipment. Councilman Culbertson moved that the contract for maintenance of the communi- cations equipment be transferred to McGee Communications and Electronics< The motion was seconded by Councilman Hunnell and carried unanimously. 114 i==nutes of September 6, 1967 continued SPECS - Nx. Glaves presented specifications for a cab and POUND TRUCK chassis to be made into a pound truck. The body of CAB & CHASSIS the truck is to be made locally and installed by the bidder. On motion of Councilman Hunnell, Walton second, the Council adopted the specs for the cab and _ chassis and authorized calling for bids thereon. ORDINANCES REZONES TO C-2 ORM. NO. 849, entitled "Al -MIMING THE OFFICIAL DIS:ZICt ADDED 50 FT. ON bTf P OF TFM CITY OF LODI AID T'r=RMW REZONING THE MST W/S OF CHEROK33 50 FEET OF THE EAST 280 FEE? OF LOTS 10, 11, 12 AIM BT.J KETTLEbW-1 13, LODI BARAIIiAiZT TZP_CT, TO BE II9 TIS C-2 GENERAL AAD POPLAR COE-246RCIAL DISTRICT," having been introduced at the regular meeting of August 16, 1967, was brought up ORD. NO. 849 for passage on motion of Councilman Brown, Walton ADOPTED 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 - BROW14, CUL86RTSON, HWLML.L W;.LTON and KIRSMT tdoes. Councilmen - idone Absent. Councilmen - None COMPLETION OF Air. Glaves reported that the final inspection of the PUBLIC SAFETY Public Safety Building had been made and the Court and BUILDING Police and Fire departments would be moved in by September 11. Councilman Culbertson moved that the Public Uorks Director be authorized to sign the Notice of Completion for the Public Safety Building and for the Jail Equipment. The notion was seconded by Councilman Brown and carried by unanimous vote. ADJOLIM XZi ITT There being no further business, the meeting adjourned at 11:10 p.m. on motion of Councilman Walton, Brown second. Attest: Beatrice Garibaldi City Clerk - 7