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HomeMy WebLinkAboutMinutes - April 7, 1965I°j3 CITY COUNCIL, CITY OF LOM CITY HALL COUNCIL Ci3F. "ERS APRIL 7, 1965 This regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m, of Wednesday, April 7, -1965, in the City Hall Council Chambers. ROLL CALL Present: Councilmen - CULBERTSON, DOW, KIRST214, WALTON and BROWN(Mayor) Absent: Councilmen - None - 1 - Also present: City Manager Glaves, City Attorney Mullen, Administrative Assistant Peterson, and Planning Director Schroeder. MINUTES On motion of Councilman Culbertson, Walton second, the minutes of March 31, 1965, were approved as written and mailed after correcting the paragraph on page A4 entitled "Lease of Waste Disposal Site" by adding the word "second" after "Culbertson" in the last sentence. PUBLIC HEARINGS UNIFORM Notice thereof having been published in accordance PLUMBING CODE with law, Mayor Brown called for public hearing on the proposal to adopt the 1964 Edition of the "Western ORD; NO. 784 Plumbing Officials Uniform Plumbing Code" with certain INTRODUCED modifications to provide for the elimination of bituminous fiber pipe for sanitary house sewers. According to the Public Works Department, local experience with bituminous fiber pipe has been unsatis- factory. There were no protests, written or oral. On motion of Councilman Walton, Dow second, the City Council introduced Ordinance No. 784 adopting the 1964 Edition of the ":Western Plumbing Officials Uniform Plumbing Code" and amendments thereto. REZCI,IE SW COR. notice thereof having been published in accordance IRIS DR. & with law, the Mayor called for public hearing on the HAM LANE TO R-3 proposal to rezone from the R-1 Single Family Residential District to the R-3 Limited.Multiple ORD. NO. 785 Family Residential District property located at the INTRODUCED southwest corner of Iris Drive and Ham Lane. Mr. Maurice O. Ray, Jr., 1201 Edgewood Drive, said he wished to use the property for a convalescent home and the Planning Commission had no objections as long as the surrounding area was not landlocked. Mr. Earl McMillen, 1416 Iris Drive, said he lived next door to the Ray property and was against the rezoning. There were no further comments, written or oral. Councilman Walton moved the introduction of Ordinance No. 785 rezoning the property at the southwest corner of Iris Drive and Ham Lane.to R-3. ,His motion was seconded by Councilman Kirsten and carried by unanimous vote. LA_80R U i(k-I sir. Cornelius Ward, Manager of the Ladies Garment OFFICIAL :Workers Labor Union, San Francisco, introduced himself to the Council and said he was in Lodi to help the garment workers. PLP.NNIiIG COEVVISSION WEST LDDI FAV.:. The Planning Commission recommended that the Council STUDY AREA approve the rezoning of the West Lodi Avenue Study Area as proposed by the Commission. Naterial concerning the recommendation has been given to members of the Council. Public hearing will be set at a later date. - 1 - 194 i•;inutes of F.pril 7, 1965 continued KETTEU,AN ADDii. The Planning Commission recommended that the Kettelman REZONING i.ddition at the northeast corner'of Kettelman Lane and Cherokee Lane be rezoned to C-2 Commercial. On motion of Councilman -Walton, Kirsten second, the proposed rezoning was set for public_hearing on April 21, 1965. Ai+ZND CODE RE The Commission. recommended that the Ci Ly Code be R-3 ZONE amended by eliminating the requirement that each four apartment units in an R-3 Residential District, Limited @Multiple Family, have fifty feet of lot width and establishing the density of units on a square footage basis only. On motion of Councilman Dow, Kirsten second, the matter was set for public hearing on ;_pril 21, 1965. OTHER PC Others actions of the Planning Commission were reported ACTIONS as follows: 1. Set for public hearing the request of i -:r. Hugh Dow for a change inzoning from R-1 Residential District - One -Family to the C-1 Commercial District to establish an existing non- conforming plant nursery as a'conforming use. Z. Set for public hearing the request of Mi. Ridgely Dove for a use permit to establish. an automobile body and fender shop at the northwest corner of South Cherokee Lane and Fast Walnut Street in a C-2 Commercial District. 3. Re:orimended denial of the County Referral of •.he request of Mr. Ralph Garabedian, repre- senting the N. Kishida '':rucking Company, to establizh a truck terminal with an office and shop on the west side of Beckman Road extending from approximately 2000 feet to 2370 feet south of Kettleman Lane. 4. Established :veterinary hospitals as a use permitted with a use permit in a C-2 Commercial District upon the request of the City Planning Director, CO1EHU7ZCWf1G iS PETITE Hotice from the Ccunty of San Joaquin that the appeal BEAUTY SHOE' of the City concerning the County Use Permit to the Petite Beauty Shop on West Lane has been set for public hearing before the Board of Supervisors on April 8, 1965. CVD, LCC Notice from the City of Merced that the next meeting• of the Central Valley bivision of the League of California Cities will be held in that city on Kp=il 22, 1965. CODE OF ETHICS Communication from the League of California Cities FOR JUVENILES concerning relationship of juveniles to their community and referring to the "Piedmont_Code of Ethics" -pre- pared by the City of Piedmont, a copy of which was enclosed. CHAI•MER OF t letter was received from the Lodi District Chamber CO141E2CE RE of Commerce endorsing a proposed underpass on Kettleman U,DGRPASS ON Lane at the Southern Pacific tracks and suggesting Y.ETTLEMAN LAZE that the Chamber's Roads and Highways Committee meet with the Council in an effort to get this project RES. NO. 2809 under way. Mr. Glaves suggested that as a first step ADOPTED the Council adopt a resolution requesting the State - 2 - 195 Minutes of April 7, 1:55 continued Division of Highways to conduct a feasibility study of an underpass at this location. On motion of Councilman Kirsten, Walton second, the City Council adopted Resolution 'No. 2309 requesting the State Division of Highways to make a study of the feasibility of constructing an underpass on Kettleman at the Southern Pacific tracks. SAFETY A letter was read from the Lodi District Safety Council COLTICIL RE requesting a crosswalk across Fairmont Avenue on the CROSSWALK north side of Cardinal Street in the vicinity of the Senior Elementary School. Wr. Glaves said he would have the Public Works Department consider the request. SUITE A certified copy of Resolution No. R-424 of the RELINQUISHES California Highway Commission relinquishing Cherokee CHEROKEE Lane, Victor Road, and the frontage roads within the wm , ETC. City limits to the City was presented. Director of Public Works Jones informed the Council that he had been in touch with the Division of Highways in regard to these streets and the streets are being turned over to the City in as good a condition as is con- sistent with the policy of the State in such matters. On motion of Councilman Culbertson, Kirsten second, the Council accepted the streets relinquished by the State. ABC LICENSE The following notices of application for alcoholic beverage license were read: 1. Transfer application, on sale beer and wine, by Luella Jean Brunke, Jerry's Club, 114 N. Sacramento Street. 2. Transfer application, off sale general, by Loretta and Walter Dockter, Dockter's Bottle Shop, 531 W. Lockeford Street. REPORTS OF CITY I4i NAGER CLAIMSClaims in the amount of $123,923.92 were approved on motion of Councilman Kirsten, :Walton second. CAPITAL City Manager Glaves summarized his concept of the IMPROVEIVIMIT Capital Improvement Program, stating that the entire PROGRAiyi sanitary sewer program, the public safety building and the storm drainage program could be put on general obligation bonds. He felt the water program could be financed on a pay-as-you-go basis for the first two years, but there would be a deficit the third year so the safest method would be to go to revenue bonds for the water program. Mr. Glaves presented a table showing the amount of revenue expected to be available for the capital improvement program during the next five years. 6ir. Mel Davison of Stone and Youngberg presented figures which he had worked on in connection -with the Council's thinking at the previous Council meeting. He said it appeared that it would be prudent if the City went to general obligation bonds for around $7 million and that the rest could be done on pay-as-you-go; however, the program would need to be reduced. Councilman Kirsten felt that the City.should avoid revenue bonds and any further increase in taxes. With the possible deferring of industrial waste facili- ties, he said the program could be accomplished with $7 million in general obligation bonds and an increase in. water and sewer rates. If necessary, he felt the last two years of the storm.drainage program as presented, could be financed pay-as-you-go. Councilman Kirsten also pointed out that money paid by subdividers - 3 - 96 Kinutes of April 7, 1965 continued had not been included in the revenue projection. Councilman Culbertson said that in addition to sub- division charges, grants from the Federal Government had not been considered. He voiced reluctance to cut back the program, saying the program could be carried for a five-year period by deferring the industrial wastes program. Both Councilman Kirsten and Councilman Culbertson presented figures on the blackboard to substantiate their views. On being questioned, Mr. Davison said it appeared feasible to undertake the program with $7,200,000 in general obligation bonds if the industrial wastes line and parts of the storm sewer program were financed by other means when needed and the water and sanitary sewer rates were doubled. After discussing portions of the program to be eliminated, the Council agreed that the general obligation bonding program should consist of $4,215,000 for sanitary sewers, $1,145,000 for the public safety building, and $1,840,000 for storm drainage. On motion of Councilman Kirsten, Culbertson second, the Council authorized Mr. Davison to proceed with the $7,200,000 bond program as outlined. SEWER RATES Stating the City will need to raise its rates and INCREASED should do it now, Councilman Kirsten moved the intro- duction of Ordinance Ido. 786 doubling the ORD. NO. 786 sewer rates effective on bills rendered thirty days IN'TRODCCED after passage of the ordinance. His motion was seconded by Councilman Dow and carried by unanimous vote. WATER RATES Councilman Dow then moved the introduction of Ordinance INCREASED No. 787 doubling the water rates effective on bills rendered thirtydays after passage of the ordinance. ORD: NO. 767 His motion was seconded by Councilman Kirsten and INTRODUCED carried by unanimous vote. BOND Councilman Walton felt June a was too early to have ELECTION the bond election because there would not be sufficient DAIS SET time to inform the public and it would be better to wait until October. Councilman Walton then moved that the bond issue be presented to the voters in October. His motion was seconded by Councilman Dow. Councilman Kirsten said the public is not unaware of the City's problems, that October is a busy season, Delta College would be having a bond election in the fall, and it was wrong to delay the City's election. Councilman Dow said he agreed in part with Councilman Kirsten, that two months to put the program before the public would be pressing, but October doesn't appear to be the right time, and June 8 may be the only practical date. Councilman Culbertson said he could understand Councilman Walton's concern, but if the program is dropped during the summer, a lot of impetus will be lost. If presented in a simple form, the public should be informed by June. Mr. John Capell said he did not think a delay would solve the problem. He said now was the time to hit hard and get the vote; if the program is drawn out too long, the public is tired by the time to vote. The motion failed to carry by the following vote; Ryes: Councilmen - V&LT0I4 Noes; Councilmen - CULBERTSON, DOW, KIRSTE1.7 and BROWN Councilman Culbertson moved that the bond election be held on June 9, 1965. His motion was seconded by Councilman Dow and carried by the following vote. - 4 197 Minutes of April 7, 1965 continued Ayes: Councilmen - CULBERTSON, DOW, KIRSTEN and BROWN Noes. Councilmen - VW LTON BOND On motion of Councilman Culbertson, Walton second, COUNSEL the Firm of Orrick, Dahlquist, Herrington & Sutcliffe was hired as bond counsel. OUTSIDE The request of.Mrs. A. F. bills, presented at the WATER SERVICE - meeting of March"17, 1965, for outside water service I'll LLS `PROPERTY in order to irrigate approximately 38 arses adjacent to the City, was considered by the Council. Mr. Glaves said the taxes on the property would be increased by around $190 if the property were annexed, but that this was offset by the water rates which would be in the neighborhood of $608 if the property were in the City as compared to,$912 for outside rates. Mr. Lindsay P. Marshall, representing Mrs. Mills, said the property was ideal for subdivision, but the City cannot supply utilities and Mrs. Mills is not interested in annexing at this time. The land is in vineyard and water is needed for irrigation. Mr. Glaves said the policy of the City for many years has been to give outside service only if the.property owner agrees to annexation when requested by the City. The only exceptions have been when there has been some benefit to the City. Councilman Culbertson said tbale may be some benefit to the City in that the City intends to buy some of the Mills property and that if the City does not fur- nish the irrigation water, Firs. Mills may put in a well on the property the City intends to purchase. City Attorney Mullen said the City's policy was impor- tant and there should be some tie-in to annexation if the request is granted. Councilman Kirsten moved that water for irrigation be supplied to the Mills property for a three-year period, and if the property is not annexed by that time, the water service be terminated. The motion was seconded by Councilman Dow and carried by the following vote: Ayes: Councilmen - DOW, KIRSTEN and BROWN Noes: Councilmen-WALTON Abstain: Councilmen - CULBERTS014 - because of personal interest. AWARD - The following bids were presented on the Ham Lane HAN LANE Sanitary Trunk Sewer: SANITARY LINE Wm. Burkhardt $13,233.00 RES. P10. A810 Claude C. Wood Co. 13,257.50 ADOPTED S. -M. NcGaw Co. 13,420.00 Stockton Const. Co. 13,743.50 Tompkins & Gallaven 14,142.02 R. Goold & Son 15,797.50 Parrish, Inc. 15,927.00 The City Manager recommended that award be made to the low bidder. On motion of Councilman Kirsten, Walton second, the City Council adopted Resolution No. 2810 awarding the contract for the Ham Lane Sanitary Trunk Sewer to the low bidder, Wm. Burkhardt, for a total of $13,233. ADVANCE FOR Cdr, Glaves said an agreement has been received from PUBLIC SAFETY the Federal Housing & Home Finance Agency, Community BLDG. PLANS Facilities Administration, for the advance of funds for planning the Public Safety Building. On motion 'RES. 140. 4 811 of Councilman Walton, Dow second, the City Council ADOPTED adopted Resolution No. 2811 authorizing the City Manager to sign the agreement on behalf of the City. - 5 - ffirsTol 1,4inutes of April 7, 1965 continued PROPERTY LIi13 The City Attorney has completed negotiations for the B21IMN WOOD- exchange of property with the Woodbridge Cemetery BRIDGE CEVY_M-ZY Association in order to eliminate a discrepancy in AND LUCE PERK the boundary line between the City's property west of Lodi Lake and the cemetery. With the exchange, the line will follow the fence. The Council had instructed the City Attorney to make the exchange a year or so ago, but proceedings have taken some time in order to get proper authorization from the Cemetery Association. On motion of Councilman Walton, Kirsten second, the Council authorized execution of the deed to the Cemetery Association.' ORDINANCES ELECTRIC ORDIIIAi10E 1.10. 781, entitled 1711 ORDINANCE REPEALING RATES ORDIIIA14CE 110. 606 OF TIM CITY OF LODI AND ENACTING A i—EW OROMANCc ESTABLISHING RTES FOR THE SALE OF ORD, 1.10. 781 ELECTRIC ECTERGY BY THE CITY OF LODI,11 having been ADOPTED introduced at the regular meeting of March 17, 1964, was brought up for passage on motion of Councilman Culbertson, 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 - CULBERTS011, DOVJ, KIRSTEN, WALTOW and BMAI Aoes: Councilmen - None Absent; Councilmen - None RESALE OF OR.)IIJANCE NO. 782, entitled "AN ORDINANCE OF THE CITY ELECTRICITY OF LODI REGULATING THE RESALE. OF ELECTRIC ENERGY," having been introduced at the regular meeting of ORD. NO. 782 March 17, 1964, was brought up for passage on motion ADOPTED of Councilman Dow, Kirsten 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 - CULBERTSON, DOW, KIRSTEN, WALION and BROWN Noes: Councilmen - None P.bsent: Councilmen - None P -D "DONE ORDINANCE NO. 783, entitled "P.M&4DING THE CODE OF THE -CITY OF L.ODI BY ADDING Ti"c12ETO SECTION 27-9B.BSTAB- . ORD. NO. 783 LISHI4G THE P -D PLANNED DEVELOPHFNT DISTRICT," having PDOPTEJ been introduced at the regular meeting of march 17, 19640 was brought up for passage on motion of Council- man Kirsten, 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 - CULBERTSON, DOW, KIRSTEN, WALTON and BRM -JH Noes: Councilmen I1one Absent: Councilmen - None REORGANIZATIO14 OF CITY COUNCIL The City Clerk took the Chair and called for nominations for Mayor. Councilman Walton nominated QxMcilman Dow. - 6 ADJOtRLILia'IdT Minutes of April 73 1955 continued Councilman Culbertson nominated Councilman Kirsten. On motion of Councilman Brown, Walton second, the nominations were closed. Councilman Kirsten was then elected Mayor by a vote of 3 2. Councilman Kirsten nominated Councilman Culbertson for Vice-Liayor. Councilman Brown nominated Councilman Dow. On motion of Councilman Walton, Culbertson second, the nominations were closed, and Councilman Dow was elected Vice - Nay -or by a vo to of 4 - 1. Liayor Kirsten took the Chair and thanked Councilman Brown for his devotion to his job as Mayor and Council- man Dow as Vice -Mayor. Councilman Brown thanked members of the Council for their cooperation during the past year. Councilman Culbertson congratulated the Mayor and Vice -Mayor and expressed his appreciation to Councilman Brown for his service as Liayor. Council- man Dow recognized Councilman Brown as a hardworking Mayor, congratulated Mayor Kirsten and offered his assistance as Vice-Wayor. Councilman Walton expressed his appreciation to Councilman Brown for a job well done. 1here being no further business, the Council adjourned at 11:10 p.m. on motion of Councilman Brown, Walton second. Attest: BrA2RIC:i Gt,2iT LOI City Clerk - 7 .- L qa