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HomeMy WebLinkAboutMinutes - May 6, 1964 (2)r-)4 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS kAY 6, 1964 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m. of W:dnesday, play 6, 1964,. in the City Hall Council Chambers. ROLL CALL Present: Councilmen - CUL.BERTSON, KIRSTEN, WALTON and BROWN(itiiayor) Absent: Councilmen - DOW Also present were City Manager Glaves, City Attorney Mullen and Administrative Assistant Peterson. ;dINUTES Minutes of April 21, 1964 were approved as written and mailed on motion of Councilman Kirsten, Culbertson second. PUBLIC HEARINGS ABANDON POR. Notice thereof having been published and posted in OF HILLS AVE. accordance with law, Mayor Brown opened the hearing AT TOKAY ST, on the proposed abandonment of portions of Mills Avenue at Tokay Street. The original alignment of the street had been changed after the City had -adopted the ditch system of storm drainage in order to provide a 50 -foot strip adjacent to the Woodbridge Irrigation District canal fox the location of a ditch. Since the City is no longer considering this type of drainage, the strip is no longer needed, and the Public Works Department recommends that portions of Bulls Avenue be abandoned in order to bring the street back to the original alignment which will allow a tier of residential lots between Mills Avenue and the canal. The Planning Commission has recommended that the abandonment -be made. There were no protests to the proposal, written or oral. On motion of Councilman Walton, Kirsten second, the City Council adopted an order abandoning portions of Mills Avenue at Tokay Street as set forth in Resolution of Intention No. 2717. TEMPORARY Mrs. Merle Wilson, 1419 South School Street, repre- CROSSI`iG senting the residents in Lowe's Village, addressed the GUARD AT Council concerning the hazards to children crossing CHURCH AND Kettleman Lane at Church Street. Since Kettleman Lane KETTLBMAN is a State highway, they have presented their problem to the State Division of Highways, and as a result the State is conducting a study of traffic conditions in this area. It will be some time before the study is completed and therefore the people in Lowe's Village are asking that as a temporary solution the City pro- vide an adult crossing guard at the Church-Kettleman intersection for the balance of the present school term during the hours the children are going to and from school. After considerable discussion about possible solutions such as signals, overhead flashing lights, overpasses, etc., it was moved by Councilman Walton that the City Council approve $150 per month for the hiring of a temporary crossing guard at Church Street and Kettleman Lane for the remainder of the present school term, that the guard be under the super- vision of the Police Department, and that a report on his effectiveness be made at the end of the term. Councilman Culbertson said he would vote for the motion If the amount to be spent for the guard were not - 1 - 55 Minutes of ,Kay 6,'1964 continued . included since he felt it should be left to the dis- cretion of the City Manager.: Councilman Walton then amended his motion by- =deleting -.the $150 per month therefrom.'.The motion .was then seconded by Culbertson and carried by unanimous Vote. Confirming a statement - made by Mrs. Wilson, the City Attorney said it would be necessary to get the consent of the State to hire the guard. H.R. REYNOLDS Mr. H. 2. Reynolds; 725 Costa Drive, stated he had a RE JUNK YARD 4.75 -acre parcel of land near the nortbeast corner of BLDG. PERMIT Lockeford Street and Cluff Avenue .in the "W" industrial zone for which he wished to get a building permit for a wrecking yard. He said he intended.to•abide by City laws, which do not require a use permit as long,as the -•- wrecking yard is enclosed, but the City Manager and City Attorney had delayed issuance of.the building per- ...:mit;- City Manager•Glaves said there was a delay because 7. - -money had to be put-up for drainage and other improve- ments; - and because - the City had received no funds for `improvements'when the adjacent property (owned by Mr. Reynolds) was developed and leased to Ro-Tile —Roofing Company.- However, investigation had shown that -_ .-- this property had been developed before being annexed •• to the City.': Meanubile, attits meeting on April 27, =- the Planning Commission had.discussed the matter and were perturbed:that enclosed wrecking -yards could be established under the present -ordinance without having controls placed on them. they therefore set for public = - hearinga proposal -to amend the -zoning ordinance which would require.a use permit for a.11 -junk yards. Tae ---- Commission had also requested .the City Manager to with - .hold issuance -of .building permits -for any new junk yards during -the -period -that the proposed amendment was being _ considered; -City -Attorney Mullen said that under present regulations Mr. Reynolds is entitled to a :� `• building -permit i: but on. the other .hand the Council- may deny issuance of -the permit:since-Mr. Reynolds has no =- vested right in the junk yatd2".'Ihe Council could pass an emergency ordinance as it did for signs recently. Councilman Walton said Mr.. -Reynolds owned property in an industrial area for which he has a buyer who wants to put .id 'a wrecking yard. ,Mr: Reynolds has offered to " place reasonable restrictions�on the.yard such as fencing, landscaping, etc. The building permit had been held up aZ because of .the Ro-Tile matter -and -subsequently the -• Planning -Commission -had -had -a meeting at which it re =.quested 'that the buildingpermit be held up. Council- +;• _ ;man :Walton felt the City. Manager --should be instructed - -.to :issue the permit;. not. -.to .do .so was unjustifiable. He said.he would disqualify --himself from voting on -any -adtion-that might be.proposed.because he had represented Reynolds at one time.- Ozi lbeing questioned by .. Councilman- Culbertson,- Mr. Glaves-said that Mr. Reynolds had indicated that he was ready and willing to adhere a:, .:: .•:_,to. any --restrictions the City might request. Councilman Culbertson felt that under such circumstances, it.was -- not quite fair to stop issuance of the permit.. -He said the building permit -should be granted and that the study of the ordinance should be made in an orderly fashion. Mr. Reynolds reiterated that he did not want to sell the property for a junk yardwithout restrictions. He wanted to know if the -City could enforce the restrictions. :. City -Attorney Mullen said that no such conditions were attached to a building permit -and that enforcement of restrictions would be up to Mr. Reynolds. The alternative .._ = would be for -Mr. Reynolds to wait until the ordinance was amended and apply for a use permit. Councilman Culbertson wanted to know if an emergency ordinance could be adopted which -would require a use permit, but Mr. Mullen said the zoning ordinance could not be amended - 2 - �6 Minutes of Flay 6, 1964 continued except by following the legal procedure requiring a. hearing, etc. Councilman Culbertson moved that the City Manager and Building Department issue a building permit to Mr. Reynolds for the establishment of a junk yard on his property in the area of Cluff Avenue and Lockeford Road. The motion was seconded by Mayor Brown and carried by the following voter AYdS: Councilmen - CUL.BERTSON and BROWN NOBS$ Councilmen - KIRSTEN ABSTAIN: _Councilman - WALTON ABSENT: Councilmen - DOW COIy3AMICATiONS ALASKA A letter -was received from the League of California APPEAL Cities enclosing a letter from Fairbanks, Alaska, which was appealing for funds to assist cities, businesses, industries and individuals to re -build following the recent earthquake. The League suggested that the letter be made available to the press and the Council so ordered, OAKDALE An invitation was received from the Mayor of Oakdale to attend a testimonial dinner in honor of Bob Chicou, Manager of:the Oakdale Chamber.of Commerce, to be held May 9, 1964. Members of the Council expressed their appreciation of the invitation, but said other commit - =ants prevented their attendance. HINS7. A letter was received from Albert Hinso, 1813 Robert R920NING Street, appealing.the decision of the Planting Commission APPEAL which denied his request for a change of zoning from R-2 to R-3 on property.located-at.1811 Wariposa Way. The matter was set for public hearing on May 27, 1964, on.motion.of Councilman Culbertson, Kirsten second. ABC LICENSE -Notice was read of -the application.for._alcohoiic bever- age license, General -On -Sale, a Betty Jane Cary and Harvey Puga, 'rine Flame Roam, ?_South School Street. REPORTS OF THE CITY MMAGER _ CLAUS Claims in the amount of $114,477.43 were approved on motion of Councilman Walton, -Culbertson second. AWARD - Ids. Glaves reportedthatonly-ane bid had been received GENERATOR for the electric generator conversion. The bid was CONVERSION from A. G. Schoonmaker Company -fox a total of $24,495.00. The bid received.was within the expected price range RES. NO..2721 and the City Manager recommended that award be made. ADOPTED On motion.of Councilman Culbertson, Walton second, the City Council adopted Resolution No. 2721 by unanimous vote awarding the contract for the electric generator conversion to A. G. Schoonmsker for $24,495.00. AF7r1RD - Bids received for Lodi Avenue Street Improvements, LODI AVE.. Frontage Road to Kelly Street, were as followsi IMPROVEMENTS - Claude C. Wood Company— $9,847.00 RES. 140. 2722 ADOPTED Tompkins & Gallaven 9,801.50 The Engineer's estimate was $10,092.50. Mr. Glaves recommended that award be made to the low bidder. Councilman Culbertson moved the adoption of Resolution No. 2722 awarding the contract for Lodi Avenue Street Improvements to the low bidder, Tompkins & Gallaven. The motion was seconded by Councilman Walton and carried unanimously. - 3 - 57 Winutes of May 6,• 1964..continued AWARD - The following bids were Teceived for -installation of TENNIS..COURTS tennis-courts.at.American_-Legion.eark:. RES: NO. 2723 -Geremia Concrete Company .,..$25,267.00 ADOPTED :._ Claude C. Wood Company 21,990.00 The engineer's estimate was $25,000.and the City Manager recommended that award be made to the. low bidder. On ......-_.. _ .. motion of Councilman Kirsten, :dalton second, the City _ Council lay-unanimous.vote adopted Resolution No. 2723 awarding the contract for..the:tennis courts to Claude C. Wood Company. STREET NEEDS.... Copies of the report on City street deficiencies having REPORT __ ..: been -sent to..the Council with the.agenda, acceptance of the report was brought .up for -Council consideration. ,ARES. NO. 2724-.: The.report..contains existing. and estimated street needs ADOPTED :..... to 1974 and.is-submitted-to the°State Department of _ .. Public Works each year in accordance with Section 2156 of-.the"California Streets and:Highways Code. On motion of Councilman Walton, Kirsten second, the City Council adopted Resolution No. 2724 approving and adopting the _ .. ,.._ .-Street Needs Estimate Report for -the -City and author- - -izing the Director of Public,Works to.file.said report with the.proper..State.departments. EASEM0NT• The City.has...received. a letter. from Mrs. Angiolina Lira VACATION. asking the.City to abandon an easements except She LOT 42, , north 60 feet, on her property -fronting on Kettleman B9WLEY-:SUB. _ Lane.between Lee. and:Pleasant,Avenues. bars. Lira is ACRES=Yr to' - pay fox-_-the.costs of the' -abandonment proceedings and �. for the:relocation of. -the utility lines now existing RES—NO. 2725. 'in this -,easement. -bars.. Lira has also deeded to the ADOPTED... •City an easement -which will enable.the City to extend the existing water.-line.around.the.perimeter of the --...'property and -tie it into the.existing main in Kettleman Lane. A-letter.recommending the abandonment has been signed by the Director of Public Works, the Superintendent a'z Fr_:.: of Utilltiesi a:representative of ,the Pacific Gas and ..Electric Company;:.and.a'representatiyv of the Pacific lc.•:: -..Telephone and Telegraph Company.: On motion of Council- :..man.Walton; Kirsten -second; the City Council adopted _.,. Resolution-No..2725 declaring its -intention to abandon -the easement:as recommended and -set public hearing thereon for May .27, 1964.• SPUR TRACK :- . The Baybarz Binder .Company, •. v&icbr recently acquired GRANTED. ... ;:- ..:.property . in Lodi..Industrial Park'. and: is now in th¢ BAYBARZ process of building a•large warehouse;:has requested BIIDER CO. that a spur track be constructed into the area for the handling of carload',.shipments-to the plant. To place_ RES::SI0.,:2726 the -spur -in. -the -location desired, -it will be necessary ADOPTED-:. _. to.cross.Lodi Avenue.immediately north.of the Central:; al ., California Traction Company. right:of..way. Since the --request-must also be -.presented to the State Public _. ... ...Utilities Commission,.•,& formal resolution granting the permit.is.xequired.; On motion of,Councilman Culbertson, . :.. Kirsten:.second, the City Council -adopted Resolution No.•2726-granting Baybarz'.Binder.Compapy a permit to ..,construct, -operate and•maintain-a.spur.track across _ Lodi Avenue.i.n the area of Lodi Industrial Park. POWER EINE An.agreement for --an overhead power line easement from - EASEMENT.. Southern Pacific,-Company•over-.its Woodbridge Branch line FROWZSP was presented for Council approval. On motion of,' Councilman Walton, Culbertson second, the City Council RES�;:NO. 2727 adopted Resolution No;:2727-approving the easement agree - ADOPTED ment.and authorizing its execution.by.the Mayor and City Clerk. - 4 - �: Minutes of May 6, 1964 eontinAed SPECS - Fix. Glaves presented plans and specifications for the CURB, GUTTEa xeconstruction of'dkWb, gutter and sidewalk in the 400 & SIDEWALK block of Bast Pine Street and the 500 block of East Locust Street. He'said be would like an affirmation of policy concerning the obligation of property owners to install sidewalks where needed when the curb and gutter is being put it. He said that for the past three years property owners who have refused to put in the sidewalks have not been xequired to do so. Council- man Walton moved that the plans and specifications for the construction of curbs gutter and sidewalk in the 400 black of East Pine and the 500 block of East Locust be approved and calling fox bids authorized. The motion was seconded by Councilman Kirsten and carried. Councilman Walton then moved that the policy of the Council be that all sidewalks be brought up to standard by the property owners in any area where curb and gutter were being installed, including the areas where curb. and gutter have been installed for the past three years. The motion was seconded by Councilman Kirsten and carried, with Mayor Brown voting no. SPECS - a Plans and specifications for the improvement of Fairmont FAIRbQNT AVE. Avenue from Lodi Avenue to Kettleman Lane were pre- sented for Council consideration. The Council was asked to make a determination concerning the curb and = gutter in front of Lodi Memorial Hospital and on the S side of Sunset Market. The Council followed the recon- mendation of the Public Works Department in both = instances, approving curb, gutter and sidewalk In front of the Hospital along the street in its normal location and approving Plan C ;fortheSunset Market area which would give the Market ]� off-street parking stalls*rb5 c' The Council then approved the plans and specifications and authorised calling fox bids on Fairmont Avenue Street Improvements on motion of Councilman Culbertson, Walton second_- ­- - WELL WELL #S Xr. Glaves explained that when the City purchased the FENCE site for Well #5 in Erich Park Subdivision, it promised to fence and landscape the site.. Development of the subdivision has reached the point at which this work should be done. He recommended the erection of a solid wood fence andthe planting -of some type of ground cover. The cost.of fencing and concrete work would be approximately $1,000. On motion of Councilman Walton, Culbertson second, the City Council authorized the ',. expenditure of approximately $1,000 to fence and land- scape Well #5 site. FREEWAY At the Council meeting of April 1 a request bad been RANTS AT presented from. the State Division ,of H44*ymys'asking` VICTOR RD, for establishment of a no pajUing-zoneon the north side of Victor Road in front of 14aco Gas Company in order to improve traffic flow on the Freeway camps. The request had been referred to the:City Manager for checking with Waco Gas. Mr.- Glaves reported that such a parking zone would be detrimental to the Company0s business and further study by the State indicated that it would be feasible to narrow the traffic to two lanes in this area so the no.paxking zone will not be required. C1ASSIFI- The,City Manager -stated that in September of 1963 the CATION AND Council had Ladicatsd an interest in having a salary SALARY and olassttiiat"M ow " t1aSt! covlring) die employees. SURVEY the Last tiny Vi �9 Minutes of May 60 1964 continued completed by the time. the Council makes its annual review of salaries. The State Cooperative Personnel Services estimated that a.survey would cost approximately $3600. After some discussion, the Council continued the matter to its next meeting. COUNCIUA"q Councilman Walton stated that his.written proposal WALTON RE for a Community Development Commission -was not intended COHMLWITY. to becomplete, but was prepared as a basis for con - DEVELOPMENT sideration by the ,Council and the public. He requested COMsiISSION that it be placed.on the agenda of the.next Council meeting. GOLF DRIVING City Manager Glaves reported that a higher fence was RANGE FENCE needed on the west side of the Golf Driving Range and that it -should be erected before the Boys' Club started using the Festival Grounds which would be May 15. Mr. Otto Pirtle, -who runs the. Driving Range, says a 22 -foot high fence will be required. There would be needed 490 feet of fencing, 30 of which would be 6 feet high and the balance would be 22 feet high. The cost is estimated at $845. Mr. Pirtle has agreed to pay. an additional $10 per month rental in order to help defray the cost of the fence. On motion of Councilman Culbertson, Walton second,.the City Council authorized installation of a fence on the west side of the Driving Range as outlined at an approximate cost of $845, sub- ject to $10 per month increase in the -rent paid by Mir. Pirtle. Arl BASIN SITE Mir. Glaves stated that since several contractors will FUNDS be excavating at the A-1 Basin site, the City will pay for stripping the top soil which it wishes to save. The Finance Director has requested the establishment of a $5,000 operating account for this. site from the Capital Outlay Reserve Fund. On the motion of Council- man Kirsten, Walton second, the Council authorized establishment of,.the $5,000 account for the A-1 Basin site. ROGFIRS ENG. The City Manager then passed out reports prepared by CO. ELECTRIC Rogers Engineering Company.on the City's electrical SYSTEM system. He suggested that after the Council had comms REPORT pleted its budget sessions, a meeting be held with representatives of.Rogers Engineering. LCC Councilman Culbertson stated that as the Cityls repre- SISTER-CITY sentative on the League's Committee on International CON IITTEE Municipal Cooperation, he had received notice of a meeting to be held on May 8 in.Berkeley. He said he wished to resign as.Lodi1's representative on this com- mittee as -he is involved in the Local Agency Formation Commission and the League's Building Regulations Com- mittee. At Mayor'Brown's request, Councilman Culbertson agreed to remain on the committee, but only until such time as one of the other councilmen could take over. Councilman Kirsten offered his services and said he would be able to attend the meeting on May 8 with Councilman Culbertson., There being no further business, the Council adjourned at 10.40.p.m. on motion of Councilman Culbertson, Kirsten second. Attest: BeatriceGGaribaldi City Clerk ew�