Loading...
HomeMy WebLinkAboutMinutes - September 21, 1966CITY COUNCIL, CITY OF LODI CITY HALL COU11CIL CHAi-iEr&IS SEPTEMMER 21, 1566 A regular meeting of the City Council of the City of Lodi was held beginning at 8;00 p.m. of Wednesday, September 21, 1966, in the City Hall Council Chambers. ROLL CALL Present: Councilmen - BROI;V, CULBERTSON, HUNNELL KIRSTMI and WALTON (Mayo%) F.bsent: Councilmen - hone Also present were City Manager Glaves, City Attorney Nlullen(arrived 8:30 p.m.) and Planning Director Schroeder. MINUTES Ninutes of September 7, 1966 were approved on motion of Councilman Brown, Kirsten second, after correcting the sentence starting on the twelfth line from the bottom of page three to read as follows: "Mr. Lachendro said possible drawbacks night be that equal access to the Library would be given to all in the system, the City would be committing itself not to expend less of its own funds on the Library than in the past year, and that two years would be required for studying ways and means of processing books." MARINE CORPS Lieutenant A. W. Hildebrand of the U. S. Marine Corps RESERVES Reserve, Stockton Unit, presented Mayor Walton with a 50TH ANNIVERSARY plaque commemorating the founding of the Reserves in P"Lr?_ 1916. Mayor Walton thanked Lieutenant -Hildebrand and congratulated the Marine Corps Reserve for their out- standing contributions to the welfare of this country, in peace and in war. PUBLIC HZ—RINGS APPEAL - Notice thereof having been published in accordance N. O. RAY, JR. with law, Mayor Walton stated that now was the time RE 939 WELLSWODD for the public hearing on the appeal of Maurice O. Ray, Jr. from the decision of the Planning Commission denying his request for a variance to reduce the required lot area and a variance to reduce the minimum lot width to allow moving a second dwelling onto a lot at 939 Wellswood Avenue. Stating that since he is attorney for Mr. Ray he wished to disqualify himself during the hearing, Mayor ;Dalton relinquished the chair to Vice -Mayor Culbertson and left the Council Chambers. Vice -Mayor Culbertson then opened the hearing on the appeal of Mr. Ray by requesting the City Manager to review the background of the appeal. Mr. Glaves said that Mr. Ray, having purchased a house from the City, had requested a permit to move it to the lot at 939 Wellswood. Believing the lot to be 50 feet in width as shown on their records, the Building Department had issued the permit and the house was moved. Subsequently, but before the foundation was made, this came to the attention of the Planning Department and Mr. Ray was notified that the house was in violation of the zoning ordinance as the lot was only 40 feet in width and the lot area was not sufficient for a second house. Mr. Ray requested the Planning Commission to grant him the variances needed to allow the house to remain on the lot. However, the Planning Commission did not considex the problem as one involving planning and zoning. In Way of this year the Commission had denied a Mir. Luystex a variance to permit a second duelling on this lot and felt the decision made at that time was still valid. - 1 - 441 Hinutes of September 21, 1965 continued Mr. Maurice O. Ray, Jr., 1201 F-dgevmod Drive, spoke in behalf of his request, stating he had been told by City personnel that the house would be permissible on the lot if both houses were connected, that he had been issued the moving permit, and felt his request was justified. Mr. Henry C. Baumback, 3050 Mundy Lane, purchaser of the lot, said the renters in the rear house were not objecting to the house in the front of the lot. They were in favor of having the house there as it would mean less yard to take care of. There were no other persons present who wished to speak in favor of granting the variances. iie following persons spoke against the request, giving the opinion that the house was too large for the lot, too many people would be living on this small lot, and the house would leave insufficient area for yard and parking: Mr. Jake Bietz, 409 Mission Street. Mrs. Schlenker, 932 Wellswood Avenue. Mrs. Suelzle, 415 i -fission Street. Wr. Fred Schafer, 938 Wellswood Avenue. Ur. Harold Suelzle, 415 Hission Street. Er. T. Schulz, Route 3, Bo:; 113, Lodi, former owner of the lot, said he was not permitted to put another house on the lot because of tate width and had to take $1,-:00-.. $-,30G less when selling the lot because of the width. iir. Glaves explained that qtr. Luyster, who had been denied the request for a variance to move a house on the lot, was the son-in-law of Vit. Schulz. There being no further persons in the audience who wished to speak on this matter, the public portion of the hearing was closed. Councilman Brown said he had looked over the house and lot, had measured distances, and concluded there was not enough room for the house. Councilman Brown then moved that the appeal be denied. The motion died for lac: of a second. City Wanager Glaves said that there was no legal liability as far as the City was concerned but if the appeal were denied, some consideration should be given to Mr. Ray because he had been misinformed. (City P ttorney Mullen arrived.) F_fter further discussion on the part of the Council, Councilman Brown again moved that the appeal of Kx. Ray from the decision of the Planning Commission in denying his request for variances in lot size and width in order to allow a second dwelling at 939 Wellswood t_venue be denied. His motion was seconded by Councilman Kirsten and carried by unanimous vote. At the suggestion of the City Manager, Councilman Kirsten moved that the City Attorney and City Manager be authorized to get together with Mr. Ray to work out some means by which Wx. Ray could legally be compensated for some of the damages. The motion carried by the following vote; Ayes: Councilmen Culbertson, Hunnell and Kirsten Noes: Councilman aroma F.bsent: Mayor Walton Mayor Walton •then returned to the Council Chambers and resumed his chairmanship of the Council. - 2 - 4.42 Cvi.nutes of September 21, 1966 continued PLANNING CON'2-iIS3I0[V FINAL MAP Mr. Glaves reported that all requirements of the TICKNOR COURT City have been met in regard to the final map for Ticknor Court -Subdivision and it is ready for the Council's consideration. On motion of Councilman Kirsten, Hunnell second, the City Council approved the final map of Ticknor Court Subdivision as presented. PC ACTIONS Mr. Glaves. read the report of actions of the Planning Commission taken at its meeting of September 12, 1966. :•.ctivi.ties were as follows: 1, Approved the -Revised Tentative Map of Westlake Subdivision, located on the east side of Lower Sacramento Road south of Turner Road, subject to certain conditions which were listed in the report. 2. Recommended denial of the referral by the San Joaquin County Planning Commission of the request of Mr. Gideon Goehring for a use permit to estab- lish a plant nursery on the east side of West Lane 1560 feet to 1880 feet south of Kettleman Lane. 3. Approved the request of Air. id. O. Ray, Jr. for a variance to permit an off-street parking place in the required front yard area at 1236 South School Street. APPEAL TO Planning Director Schroeder stated the County Planning COUNTY RE Commission had not followed the recommendation of the PLANT NURSERY City Planning Commission as set forth in item 2 above, but had granted the use permit to Air. Goehring to establish the plant nursery on West Lane. Councilman Xirsten moved that Planning Director Schroeder be instructed to represent the City Council before the County Board of Supervisors to appeal the decision of the County Planning Commission in granting the use permit to Mr. Goehring for a nursery. His motion was seconded by Councilman Brown and carried unanimously. COMNIU 4ICATIOIdS PLUMBERS A petition had been received by the Chief Building RE NON- Inspector from most or all of the local plumbers METALLIC PIPE requesting that the City's plumbing code be revised so that they could use non-metallic pipe for sanitary sewers. This type of pipe had been omitted from the code at the request of the plumbers, but now they want it back in the code. The Public Works Director is in accord with this request. On motion of Councilman Culbertson, Kirsten second, action on the request was postponed to October 26, 1966. SANTA MARIA A resolution was received from the City of Santa Maria RE FIELD ACT objecting to current application of the Field Act and recommending that the State review the Act and its application in light of current conditions. The Council requested that the resolution be referred to the School Board. ABC LICENSE P. notice was received of an application for Alcoholic Beverage License, person to person transfer, Hazel Nichols, On Sale General, Piemonte Hotel, 104 East Lodi Avenue. REPORTS OF THE CITY MANAGER CLAIMS Claims in the amount of $206,828.71 were approved on motion of Councilman Culbertson, Kirsten second. 44+ Minutes of September 21, 1966 continued 1911 IMPROVM-1ENT City Attorney Mullen said he had had a phone call ACT from Attorney Robert'Blewett requesting that consider- ation of the 1911 Improvement Act be continued to another meeting. On motion of Councilman Kir9ten, Brown second, the Council approved the request and con- tinued the matter to October 5, 1966. AWARD - 2 SUED, PAVING 1966 1.1r. Glaves reported the following bids had been received for the Subdivision Paving 1966: RES. NO. 2992 - 4 - Claude C. Wood Co. $24,073.00 Tompkins & Gallaven 24,206.00 A. Teichert & Son 24,605.00 On motion of Councilman Kirsten, Culbertson second, the City Council adopted Resolution No. 2992 awarding the contract for Subdivision Paving 1966 to the low bidder, Claude C. Wood Company. AWARD - Bids which had been received for B-1.Retention Basin BASIN B-1 Structures and Piping were as follows: STRUCTMES & PIPING Republic Construction Co. $17,937.46 Frahm -Kelly Co. 28,350.00 RES. NO. 2993 A. Teichert & Son 29,854.00- Mr. Glaves recommended that award be made to the low bidder, and on motion of Councilman Kirsten, Brown second, the City Council adopted Resolution No. 2993 awarding the contract for the above project to the low bidder, Republic Construction Company, for the amount -' of their bid. AWARD - The City Nanagex reported that the following bids had ASBESTOS CEMENT been received for asbestos cement water pipe. WATER.PIPE Certain -,teed Products Corp. $41,095.00 RES. NO. 2994 Johns -Manville 42,285.00 He stated that a third bid had been received from Voss International, but the bid was imcomplete and did not meet the specifications as outlined for bidders in that the bid was for two sizes of pipe and the City had requested five sizes. Mr. Harlan Gaudor, representing Voss International, said if his company had known that only a lump sum bid would have been considered, they would have bid on tura other sizes also. Mr. Glaves said it has been .the.policy of the City for many years to ask for a lump sum. .On motion of Councilman Brown, Kirsten second, the City Council adopted Resolution No. 2994.awarding the contract for the furnishing of water pipe to the low bidder, Certain -teed Products Corporations in. accordance with their bid. AWARD - Trio bids had been received for the removal of the house REMOVAL.OF HOUSa at 316 West Elm Street, as follows: AT 316 W. ELM Gordon Nichols $1201.00 RES. NO. 2995 William Graffigna 50.00 Councilman Kirsten moved the adoption of Resolution No. 2995 awarding the contract fortheremoval of the house at 316 West Elm Street to Gordon Nichols for $1201. His motion was seconded by Councilman. Brown and carried by unanimous vote. - 4 - 444 Ninutes of September 21, 1966 continued NO U TURTI ON Consideration of a "No U Turn" designation on Walnut WPLNUT F.T Street at its intersection with California Street EAST CAMPUS having been continued from the meeting of September 7, was brought up at this time. The request has been RES. 140. 2:95 by high school officials because of the congestion _made and turmoil resulting from the numerous U turns being made at this intersection during school hours. Council- man Culbertson said the law was being broken now in this area by the rapping of uufflers, etc., and felt there was no point in putting another law on the books. Nr. Glaves said that U turns are allowed in the middle of the block in residential areas and felt the residents on California Street would not be inconvenienced by not permitting U turns at the California -Walnut inter- section. After discussion, it was moved by Councilman Brown, Kirsten second, U turns be prohibited at 'that the intersection of California and Walnut Streets and that the proper signs be erected. The motion carried by the following vote: Ayes: Councilmen - BROWN, HUNNELL, KIRSTEN and WALTON Nees: Councilman - CULBBRTSCH REQUEST FOR Also continued from the meeting of September 7 was NO U TURNS ON consideration of the request for No U turn signs on PACIFIC AT ?acific Avenue in front of the West Campus to discourage WEST CAMPUS cruising in this area. The request was for a No U turn sign on Pacific at Walnut Street and at the West Campus service entrance. The City Attorney questioned the legality of a No U turn sign at a private intersection. Councilman Culbertson moved that the request for No U Turns on Pacific Avenue be denied. His motion died for lack of a second. Councilman Kirsten moved that No U Turn signs be erected as requested. His motion died for lack of a second. After further discussion Councilman Kirsten moved the adoption of Resolution M. 2997 authorizing erection of two No U Turn signs on Pacific Avenue at the locations requested. His motion was seconded by Councilman Brown and failed to carry by the following vote: Ayes: Councilmen - BiRaZI and KIRSTEN Noes: Councilmen - CULBEPT5ON, HMNELL and WALTOII SIDEWALKS IPI Councilman Culbertson expressed his concern over lack SCHOOL AREAS of sidewalk in some school areas and suggested that the School Districts be advised that the City would like this situation remedied over a period of time. Mr. Glaves said he bas discussed this problem with the schools in the past and his recollection was that the schools would work on it. He said he would discuss it further with the Superintendent of Schools and give the Council a report on October 26. GAS TAX Nr. Glaves presented the budget proposal for State Gss BUDGET Ta:: Engineering Funds for fiscal 1966-67. On motion of Councilman Kirsten, Brown second, the City Council RES. NO. 2997 adopted Resolution No. 2997 adopting said budget for submission to the State Department of Public Works. SERC ACTUARIAL A contract has been received from the State Employees' SURVEY Retirement System for the conduct of an actuarial survey of the system by the firm of Coates, Herfurth RES. NO. 2993 and England, consulting actuaries. Pix. Glaves explained that the survey was conducted every four years. The - 5 - 44'. Minutes of September 21, 1966 continued - 6 -• City's share of the cost will be $300. On motion of Councilman Kirsten, Hunnell second, the City Council adopted Resolution No. 2990 approving the contract with Coates, Herfurth and Zngland and authorizing its execution by the i4ayor. — CROSSWALK The Lodi Elementary School District has requested a ACROSS FAIRVIOUT crosswalk across Fairmont Avenue at Tamarack Drive AT TAMARACK for children going to Leroy Nichols School. On motion of Councilman Culbertson, Kirsten second,the City RES. -NO. 2999 Council adopted Resolution No'. -2999 establishing a school crosswalk on the north side of Tamarack across Fairmont Avenue. ARCHITECT FOR Mr. Glaves stated that the Parks and Recreation LODI LAKE"PARK Commission has recommended that ;Ir. Arlie Preszler BATH HOUSE be retained to do the drawings and specifications for Lodi Lake Park dressing rooms and that a contract had been drawn up for the Councils consideration. Council- man Brown moved that the contract with Mr. Preszler be accepted. His motion was seconded by Councilman Kirsten. Coimcilman Culbertson moved that the motion be amended to include -the stipulation that Mr. Preszler consult with Mr. Paul Tritenbach on design of the building. The motion to amend was seconded by Council- man Brown and carried by unanimous vote. The motion to accept the contract subject to Mr. Preszler con- sulting with Mr. Tritenbach then passed by unanimous- nanimousvote: vote; LODI BASEBALL The Recreation and Parks Commission also recommended CLUB CONTRACT that the contract with the Lodi Baseball Club be renewed with the same terms and conditions as the original contract. Mr. Glaves said that after the Commission had approved recommending renewal of the contract, they had discussed the possibility of increasing the seating capacity as requested by yLt. Cappy Harada. However, the request for seating has no bearing on the contract. On being told the financial statement from the Club had not been received, City Attorney Mullen suggeste&'that the Council wait until the terms of the present contract be complied with in - regard to the financial statement. 'Members of the Council were in agreement with the suggestion, and Councilman Culbertson moved that no action be taken on renewal of the contract with the Lodi Baseball Club until the financial report on the 1966 contract was received. His motion was seconded by Councilman Hunnell and carried unanimously. THANKS Stating that the Crushers had added a great deal to CRUSHERS the community, Councilman Culbertson moved that a letter be sent to the Crushers thanking them and compli- menting them fox being an asset to the community. His motion was seconded by Councilman Kirsten and carried. THANKS Councilman Kirsten suggested that a letter of appreci- TUL.ARE ation be sent to the Mayor of Tulare and to the Executive Manager of the Tulare Chamber of Commerce thanking them for their hospitality in connection with j the trip to Tulare of this date. SALARIES The City Manager stated that the salary survey being conducted by the City staff has not been completed, but RES. NO. 3000 he suggested that the Council make any salary increases that might be made as a result of the survey effective as of September 1. On motion of Councilman Brown, Kirsten second, the City Council adopted Resolution No. 3000 determining that if any salary increases are to be made as a result of the current salary survey, such increases be effective September 1, 1966. - 6 -• 446 ilinutes of September 21, 1:56 continued PUBLIC SAFETY 14r. Glaves reported that t1ie brick problem that had BUILDING CONST. arisen on construction of the Public Safety Building CONTRACT had been resolved, but there had been a delay in E)M.'-.1MZD receiving the acceptable brick. Because of this delay the general contractor, Roek Construction Company, was _ requesting an extension of 25 days to the contract. Councilman Culbertson moved that the general contractor be given an extension of 25 days providing that the extension will not in any way cause the City to assume any additional responsibility or any added construction cost. The motion was seconded by Councilman Brown and carried by unanimous vote. DISPATCHER- Councilman Kirsten said he had received a letter from CLERK SALARY Dispatcher -Clerk McKindley in regard to the salary RANGE range of Dispatcher -Clerk. Other members of the Council had received a copy of this letter also. City Manager Glaves stated his recommendation concerning dispatcher -clerks would be included with his salary recommendation for all the classes of employees. Councilman Hunnell suggested that the Police Chief be present at the time salaries are considered so as to answer questions they may have concerning the dispatcher -clerks. AUDIT City Manager Glaves recommended that the City enter CONTRACT into a contract with Mr. H. P. McCandless to conduct the annual audit for the City for a fee of $1375 per year. He suggested either a one or three-year contract. Councilman Kirsten moved that the City hianager's recom- mendation be accepted and that the City enter into a three-year contract with Mr. H. P. McCandless. The motion was seconded by Councilman Hunnell and carried by unanimous vote. j EXECUTIVE The Council adjourned to executive session at 10:20 p.m., SESSION reconvening within a few minutes. W. A. COLBURN i•iayor Walton recommended that Mr. 1�L� ac A. Colburn t�`1 APPOINTED TO be appointed to the Planning Commission to fill the PLANNING CO&K. unexpired term vacated by James McCarty. On motion of Councilman Kirsten, Brown second,the City Council concurred in the appointment of Mr. Colburn to the Planning Commission to fill the unexpired term ending June 30, 1969. ADJOURNENSPTT The Co mcil adjourned at 10:25 p.m, on motion of Councilman Brown, Hunnell second. Attest: Beatrice Garibaldi City Clerk - 7 -