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HomeMy WebLinkAboutMinutes - December 6, 196714? CITY COUtiCIL, CITY OF LORI CITY HALL COU4iCIL CFw•.BE::S DECEWBER 6, 1967 A regular meeting of the City Council of the City of Lodi was held beginning at S:Ou p.m. of v4eduesday, December o, 1967, in the City Hall Council Chambers. ROLL CALL Present: Councilmen - Bt OkM, CULBERTS(ki, HUNOELL, siALM4 and KIAS17-L4 (Mayor) Absent: Councilmen - None Also present. City inanager Glaves, Assistant City 'manager Peterson, City Attorney Mullen and Planning Director Schroeder. PLEDGE kayor Kirsten led the Pledge of Allegiance to the Flag. wSWiTsS iiinutes of adovember 15, 1957, were approved as written and mailed on motion of Councilman Culbertson, Walton second. PUBLIC hEARINGS APPEAL - Mr. Glaves reported that the appeal of A. bi. Jawad A.k. JAWAJ which had been scheduled for public hearing at this meeting had been withdrawn. Mr. Jawad had appealed the decision of the Planning Commission in denying his request for a variance to reduce the driveway length at 27 North Washington Street to permit erection of a 5 -unit apartment house. Subsequent revision of the plans for the proposed improvement has removed the nonconforming element so that a variance is no longer necessary. PLAMNrWG COMrmaSSIOO V. BAKER The Planning Commission approved the request of kM44-11NG Mr. Virgil A. Balser fox a change in zoning from the R-4 Multiple Family Institutional District to the C-1 Neighborhood Commercial District for the south one- half of the block bounded by Lodi Avenue, Church Street, Chestnut Street and School Street. On motion of Councilman Brown, Walton second, the matter was set for public hearing on December 2u, 1967. The following Planning Commission actions were reported: 1. Oenied the request of Mr. John J. Schafer for a variance to reduce the required 6 -foot distance between a main building and an accessory building to 31j feet to permit the enlargement of an existing automobile storage garage at 316 Flora Street in an area zoned R-3, Limited !Multiple -Family Residential. 2. Approved the request of Mr. Douglas wl. Kori for a variance to reduce the required 50 -Foot lot width to permit the splitting of an 93 -foot wide lot into two parcels, each containing over SUOu square feet, at 9%j0 West Lockeford Street in an area zoned R-2, Single -Family Residential subject to certain conditions. 3. Approved the request of Abel's Upholstery by Mrs. karcia Childress for a use permit to establish a furniture upholstery shop in conjunction with an interior decorator's shop at 519 West Lodi Avenue in an area zoned C-1, Neighborhood Commercial subject to certain conditions. - 1 •- 148 kinutes of December 6, 1967, continued 4. hodified the request of A to L Rentals by i4x . Philip L. Jolly for a variance to erect a 38 square -foot, flush -mounted sign and a 6 square - foot sign on an existing pole on a parcel where no additional signs could be erected at 626 West Lodi Avenue in an area zoned C-1, Neighborhood Commercial. APPE,KL - An appeal was received from St. Peter's Lutheran ST. PETER'S Church by inr. Clint Hoellworth from the decision of LUTHERAN the Planning Commission in denying its request for a CHURCH variance to permit off-street parking in the front yard setback area on Oxford Street and Lower Sacramento Road. The matter was set for public hearing on December 20, 1967 on motion of Councilman Brown, Walton second. CGUM RE. A letter was read from eir. Carmen Perrino, Chairman, PRaCISZ PLAN County Board of Supervisors, requesting on behalf of FOR LONA the Board that the City contact the County Planning SACTO AD staff and participate in a joint effort in establishing The Planning Commission took the following actions on this request: a. Approved a sign of 44 square feet to be placed on the face of the building at 626 .Jest Lodi Avenue; and b. Denied the erection of an additional 6 square - foot sign on an existing pole on the same parcel. DEVELOPI�LE14T Air. Glaves explained that the development standards STANDi--iDS FCR for P -D zones should be adopted by resolution rather P -D (1) LONE than by ordinance so he recommended that the Council RESCIND ORD. rescind Ordinance No. 853 which had been introduced DIO. 853 at the meeting of November 15, 1967, establishing the development standards for the multiple -family portion ,��1 RES. 140. 3127 of P -D(1) zone at the southeast corner of Lower ADOPTED Sacramento Road and Turner Road as recommended by the Planning Commission. On -motion of Comcilman Walton, Hunnell second, Ordinance No. 353 was -rescinded. He recommended that the Council adopt the development standards by resolution and that the resolution include the development standards for the commercial portion of the same zone, said standards being identical to the requirements of the C -S Commercial Shopping 'Lone and previously recommended by the Planning Commission. Councilman .Jalton moved the adoption of Resolution No. 3127 establishing the development standards for the multiple -family poxtion and the commercial portion Of P -v(1) zone as located at the southeast corner of Lower Sacramento and Tuner Roads as recommended by the Planning Commission. The motion was seconded by Councilman Brown and carried by unanimous vote. COWUNICATIONS APPEAL - A letter was read from John J. Schafer appealing the J. J. SCHAFER decision of the Planning Commission in denying his request far a variance to reduce the required 6 -foot distance between the main building and an accessory building to 3-1/2 feet to permit the enlargement of a garage at 316 Flora Street. The matter was set for public hearing on December 20, 1967 on motion of Councilman Brown, kialton second. APPE,KL - An appeal was received from St. Peter's Lutheran ST. PETER'S Church by inr. Clint Hoellworth from the decision of LUTHERAN the Planning Commission in denying its request for a CHURCH variance to permit off-street parking in the front yard setback area on Oxford Street and Lower Sacramento Road. The matter was set for public hearing on December 20, 1967 on motion of Councilman Brown, Walton second. CGUM RE. A letter was read from eir. Carmen Perrino, Chairman, PRaCISZ PLAN County Board of Supervisors, requesting on behalf of FOR LONA the Board that the City contact the County Planning SACTO AD staff and participate in a joint effort in establishing ;- _149 Minutes of December 6, 1967, continued AWARD - The following bids on the Corinth Avenue Street Lights CORL-17H AVE. have been receivedz STREET LIGHTS Steiny & Mitchel, Inc. $-19,973.00 RES. WO. 3129 Overhead 'Electric Co. 15,355.00 Collins Electrical Co. 11,472.00 Graffigna Electric 10,896.00 Mr. Glaves recommended that award be made to the low bidder. On motion of Councilman Brown, Culbertson second, the City Council adopted Resolution No. 3129 awarding the contract for the construction of the Corinth Avenue Street Lights to the low bidder, Graffigna Electric, for a total of $10,896.00. a precise plan for Lower Sacramento Road and on any future planning matter that may involve jurisdiction of the Board of Supervisors. City Nanager Glaves reported that the City staff is working with the County now in regard to Lower Sacramento Road. PRESENTATION OF CERTIFICf 1ES Eb:PL.OYEES Mayor Kirsten commended the following City employees COMPLETE for having successfully completed a 24-hour training TRAINVIG course for Waste Water Treatment Plant Operator and COLUSE presented them with cextificates in recognition of their achievement: 4aldon Klaffke, Alvin C. Inman, Gary Aha --t, Vernon Aman, Ray Mittelsteadt, Marvin Miller, Joe Blanke and Eugene Schmoll. Nx . Glaves stated that the course had been conducted by Richard Witt, Water and Sewer Supervisor, and had been taken by other persons in addition to the City's employees. REPORTS OF THE CITY MANAGER CLAIMS Claims in the amount of $657,782.55 were approved on motion of Councilman Walton, Hunnell second. INTENT TO i request has been received from Stone Bros. and A3P"Qa4 Associates to abandon the easement between Lots 37 and EAS&.ZilT 111I 38 in the-Elmhaven Subdivision. - There is a gas line ELiY1ii-V�:1 SUED. in the easement which Pacific Gas and Electric Company has agreed to abandon without jeopardizing service. .125. DSO. 3128 The City has no present or future need for this ease- ment. Councilman dalton moved the adoption of Resolution No. 3128 declaring the City's intention to abandon the easement between Lots 37 and 38, Elmhaven Subdivision, and setting public hearing thereon for January 3, 1968. The motion was seconded by Councilman Brown and carried by unanimous vote. SPECS - Kr. Glaves presented the specifications for a pumper for PTAQMR the Fire Department, stating it was scheduled in the Capital Improvement Program and would take a year for delivery. In reviewing the specifications, Councilman Walton questioned the need for the Fire Chief to make three trips to inspect the pumper during its manu- facture. After discussion, it was moved by Councilman Hunnell that consideration of the specifications be continued to December 20, 1967. Ihe motion was seconded by Councilman Culbertson and carried. AWARD - The following bids on the Corinth Avenue Street Lights CORL-17H AVE. have been receivedz STREET LIGHTS Steiny & Mitchel, Inc. $-19,973.00 RES. WO. 3129 Overhead 'Electric Co. 15,355.00 Collins Electrical Co. 11,472.00 Graffigna Electric 10,896.00 Mr. Glaves recommended that award be made to the low bidder. On motion of Councilman Brown, Culbertson second, the City Council adopted Resolution No. 3129 awarding the contract for the construction of the Corinth Avenue Street Lights to the low bidder, Graffigna Electric, for a total of $10,896.00. 150 i•,inutes of December 6, 1937, continued BIDS REJECTED - Bids received on the Garfield Street Storm Drain GARFIELD ST. were as followst STORM DjrUJN Alt. No. 1 Alt: No. 2 RES. M. 3130 Certified Pipe and Const. 95,953.25 -0- Danville Pipelines 97,226.00 -0- J. L. Scott Co. 98,17.19 97,740.95 W. K. Lyles 98,599.10 93,609.10 Kirkwood-Bly 100,460.00 99,017.00 Stockton Construction 100,564.20 97,453.95 A. Teichert & Son -0- 108,309.10 RcGuire & Hester 114,028.00 111,746.50 iiission Pipeline 119,777.00 118,568.00 R. Goold & Son 139,310.80 136,092.00 City i,anager Glaves reported there was an irregularity in the two lowest bids since the pipe manufacturer had not been listed as required by the specifications. Viz. Glaves did not feel that failure to list the manu- facturer was material to the bid and he recommended that the irregularity be waived and that award be made to the low bidder, Certified Pipe Construction Company, on Alternate Ido. 1. Mr. Glaves explained that this requirement is not usually in the specifications, but had inadvertently been left in because it had been required for Sanitary Outfall Line No. 2. City Attorney iAullen stated the Council could either: Find that the failure to list the manufacturer was not material to the bid; accept the lowest bid conforming to the specifications; or reject the bids. He felt the Council should either accept the lowest bid con- forming to the specifications or reject all bids. Councilman Walton moved the adoption of Resolution Ido. 3130 rejecting the bids on the Garfield Street Storm Drain and authorizing readvertisement for bids. The motion was seconded by Councilman Brown and carried. AWWMD - Bids received on the flatbed truck for the Utilities FLAMED TRC3CK Department mere as follows: RES, 140. 3131 Loewen Auto Company $3,290.00 Weil stiotors 3,435.12 ler. Glaves stated that one of the dealers had suggested the City consider purchasing stronger back springs and brakes with more braking surface for $30 more. He recommended awarding the contract to the low bidder plus an additional $30 for the stronger springs and brakes. In accordance with the City ranger's recom- mendation, on motion of Councilman Brown, Walton second, the Council adopted Resolution No. 3131 awarding the contract for the flatbed truck to Loewen Auto Company for the amount of the bid plus $30, making a total of $3,320. PI32CHASE OF City Manager Glaves reported that the City would be POLICE CARS able to purchase six special police cars through the State and he recommended that the Finance Director RES. NO. 3132 be authorized to make the purchase. He said a car is needed for the detectives but he felt a standard car would be adequate for their use. Councilman Hunnell moved the adoption of Resolution No. 3132 authorizing the purchase of six Class A Special Service Vehicles through the State Department of General Services and directing the Director of Finance to sign any documents in connection therewith on behalf of the City. The motion was seconded by Councilman Culbertson and carried. Minutes of December b, 1967, continued DE14Y STCKELY- The request of Stokely -Van Camp for a mid -block cross - VAN CAMP RE walk and signing thereof was brought up for Council CROSSWALK consideration, Mr. G1 aves stated that the report from City Attorney Mullen indicated that installation of signs and markings would not increase the City's liability, but would increase the chances of the public being contributorily negligent in case an auto- mobile collided with a Cannery lift -truck. After discussion, Councilman Brown moved the adoption of Resolution Ido. 3133 establishing a midblock crosswalk on Vine Street west of Stockton Street and authorizing installation of signs to alert motorists. The motion was seconded by Councilman Hunnell and failed to carry by the following vote: Ayes: Councilmen - Brown and Kirsten Woes: Councilmen - Culbertson, Hunnell and Walton STGKE'LY-VM-1 Stokely -Van Camp has also requested that parking space CAMP RE markings be painted on Stockton Street between Vine PARKING SPACE and Maple Streets. After discussion, it was moved by riARKINGS 0I4 Councilman Culbertson that couplet type parking stalls STCCKMI ST be painted on both sides of Stockton Street between Vine and 'maple and that the same type of stalls be painted on both sides of Vine Street west of Stockton Street with red no parking zones at the driveways to provide better visibility. The motion was seconded by Councilman Hunnell and carried by unanimous vote. ABAI-MM RX, Aaron Heinrich, princLpal of George Washington HOLLY DRIVB School, has requested the elimination of the midblock kiIDBLOCK school crossing across Holly Drive between Fairmont CROSSWALK and.Crescent. The Public Works Department conducted an investigation thereon and recommends that the RES. NO. 3133 crosswalk be abandoned. On motion of Councilman Culbertson, Brown second, the City Council adopted Resolution Mo. 3133 abandoning the school crosswalk across Holly Drive between Fairmont and Crescent Avenues. POLICY - Mr. Glaves reviewed the memorandum from the Director SiJYITrs2Y SEWER of Public Works concerning the City policy fox sanitary HOUSE LnTMRALS sewer house lateral maintenance. Present policy is that the property owner is responsible for the maintenance of his house lateral from his residence to the City's main sewer line located in either the public street or easement. If, however, any portion within the public right of way or easement is damaged, the City does the repair at no cost to the property owner. However, there has been some problem in that property owners have been requesting the City to pay for the plumber's service call when it has been deter- mined that the trouble is within the public easement or right of way. In several instances during the past few months the City's insurance company has paid for the service call, but this type of coverage is appar- ently no longer included in the policy. After discussion, it was moved by Councilman Culbertson that the City reaffirm its policy on sanitary sewer house laterals, as follows: 1. The property owner is responsible for maintenance of his sanitary sewer house lateral to the main sewer line (including rodding, flushing, zoto rooters, etc.). 152 Minutes of December S. 1967, continued DOCUNSENTARY ORDINA14CE NO. 856, entitled "API ORDINI,ACE OF THE CITY STAMP 11l►X OF LODI IMPOSING A DM NEVILRY SUAP TA:: OUT TFE SkL'c OF REAL PROPERTY," having been introduced at the ORD. NO. 856 regular meeting of November 15, 1967 was brought up ADOPTED for passage on motion of Councilman Brown, Culbertson 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 - BRO:rr', CULBBdTSON, HUWF-LL, .1I LTON and KIRSIEN Woes; Councilmen - None Absent; Councilmen - None 2. The City will make any necessary repair to the property owner's lateral within an easement or street right of way at no expense to the property owner. 3. The property owner will be responsible for any expense incurred in determining maintenance and/or repair problems within his house lateral. The motion was seconded by Councilman Brown and carried by unanimous vote. t.'2i ilIN/.iFCES BLDG. SETBACK ORDINANCE NO. 854, entitled "bN ORDIN.,NCE ESTABLISHING ON S. STOCKTON BUILDING SET3k CK LINES ON SOUTH STOCKTON STREfiT :1I7HIN BTW HA-INEY AN3 7HE INC'QaPC*UtTED LIkITS OF THE CITY OF LODI BETWEEN', KETTLEi•v.of LANES KBTTLDiAaN U14S k%ND Ht'M11BY LAPIE.11 having been introduced at the regular meeting of November 15, 1967, was ORD. NO. 854 brought up for passage on motion of Councilman Brown, ADOPTED 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 - BROW. CULBERTS01I, HINNELL, WALTON and KIISIM4 Noes: Councilmen - None Absent: Councilmen - None CATV ORDINAXE NO. 855, entitled "FSI ORJINE;idCE PROVIDING FOR IHZ GRANII14G OF FRANCHISES FOR COMbANITY AiTI-arNA CRCs, 140. 853 TELEVISION SYSTEbB AND PROVIJING TERI�Z AND CONDITIONS ADOPTED FOR IH--: OPE2._Tiou OF SUCH comM1NITY &vTEm-zA xELZVISION SYSTBI-S :010 FEES liiEREFOR, WIIHIN THE CITY OF LODI ;diD PREZCRIBLIG CZRTAIN P&:t-LTI S," having been intro- duced at the regular meeting of November 15, 1967 was brought up for passage on motion of Councilman Brown, Culbertson 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 - BRO419 CULBERTiCN, HUNNELL, WALTON and KIRSTEN ;does: Councilmen - None Absent: Councilmen - None DOCUNSENTARY ORDINA14CE NO. 856, entitled "API ORDINI,ACE OF THE CITY STAMP 11l►X OF LODI IMPOSING A DM NEVILRY SUAP TA:: OUT TFE SkL'c OF REAL PROPERTY," having been introduced at the ORD. NO. 856 regular meeting of November 15, 1967 was brought up ADOPTED for passage on motion of Councilman Brown, Culbertson 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 - BRO:rr', CULBBdTSON, HUWF-LL, .1I LTON and KIRSIEN Woes; Councilmen - None Absent; Councilmen - None Minutes of December 6, 1967, continued S 3 ADDENDA CAN Mr. Reuben Rott, representing Multiview, stated his FRANCHISE clients were pleased with the.CATV.Ordinance. City Attorney Mullen said there were three firms who had - expressed interest in the franchise, and asked if the City should call for bids. Mr. Thomas J. Shepard, Bank of America Building, Stockton, representing California Antenna TV, said they would have no objection to public notice calling for bids. He suggested that the Council fix the percentage fee and the bidding be directed to that amount. The subject of calling for bids on the CATV franchise is to be placed on the agenda as soon as the ordinance becomes effective. M. O. RAY Councilman Brown asked why the non -conforming house HOUSE ON on Wellswood Avenue owned by Maurice O. Ray, Jr., had WELLSWOOD not been moved. Mr. Glaves said he would look into this matter. He will report to the Council at the next regular meeting. HAM-LCDI Councilman Hunnell expressed concern over the condition INTERSECTION of the Ham Lane -Lodi Avenue intersection. The City Manager said there had been a lot of problems with this project; however, the traffic signals will be in operation by the weekend.. KETTLEMAN LANE Mayor Kirsten reported on the impending meeting with UNDERPASS the State Highway Commission regarding the possibility of getting State Grade Separation Funds for construction of an underpass at the Kettleman Lane crossing of the Southern Pacixic main line tracks. He stressed the importance of having the City participate in the costs in its effort to get State funds. Other members of the Council agreed the City should participate. The Council went into Executive Session for twenty minutes_ After the Council reconvened, it was moved by Councilman Walton that the Mayor be authorized to represent the City and report to the State Division of Highways that the City would allot up to $200,000 for construction of a grade separation at the Kettleman Lane crossing of the Southern Pacific tracks. The motion was seconded by Councilman Brown and carried by unanimous vote. R. S. FULLER Mayor Kirsten recommended that Robert S. Fuller be REAPPOINTED reappointed to the Board of Trustees of the Northern San Joaquin Mosquito Abatement District. On motion of Councilman Hunnell, Walton second, the City Council reappointed Robert S. Fuller to the Board as recom- mended for a two-year term expiring December 31, 1969. BESSIE L. On motion of Councilman Brown, Culbertson second, BENNETT the City Council appointed Bessie L. Bennett to succeed CITY CLERK Beatrice Garibaldi as City Clerk effective February 1, 1968 and adopted Resolution No. 3134 establishing RES. NO. 3134 her salary at $75 per month. ADJOURNMENT There being no further business, the meeting was adjourned at 10:55 p.m. ATTEST: BEATRICE GARI City Clerk - 7 -