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Minutes - March 7, 1962
2111 CITY CCUITCIL, CITY OP L07I CITY FALL CCU_iCIL CHAMBLRS March 7, 1962 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m. of 'dednesday, parch 7, 1962. Councilmen Brown, Katzakian, Mitchell, Ullmann and Culbertson (Mayor) present. hone absent. Also presentz City Manager Glaves, Planning Director dodgers, City Attorney Mullen and Administrative Assistant Carlton. MIWUTiS hinutes of February 21, 1962, were approved as written and mailed on motion of Councilman Katzakian, Mitchell second. PUBLIC HEARINGS APPEAL TDEPiIED Notice thereof having been published in accordance RE BEAUTY with law, Mayor Culbertson called for public hear - SHOP AT 517 ing on the appeal of Harry and Claudia Kries from N. CHURCH ST. the decision of the City Planning Commission approving the request of Helen Kolb for a use per- mit to establish a one -operator beauty shop at 517 North Church Street in the R-3 multiple family residence zone. City Manager Glaves read the report from the Planning Commission which had approved the request of Mrs. Kolb for the follow- ing reasons: Increase in traffic from the shop would be negligible because of the size of the shop and the removal of one existing dwelling unit; on -street and off-street parking is available; and apparently there have been no problems with the existing shop of Claudia Kries and a second shop could be operated without adversely affecting the type of residential development in the area. The Mayor then called for those in favor of the appeal to be heard. Mr. Harry Kries, 513 North Church Street, spoke in favor of his appeal, stating that the Planning Commission had not been fully informed and that he opposed the issuance of a use permit to Mrs. Kolb for the following reasons: (1) It will add to the increase in traffic which will also be increased by the opening of the Turner Road -Underpass; (2) there will not be sufficient park- ing area in front of the proposed beauty shop; and (3) it will cause confusion among the customers to have adjacent beauty shops. lir. William Gretsinger, 602 !forth Church Street, stated that an additional beauty shop would cause traffic problems and that there would be too many care because of the cus- tomers. The City Clerk then read a letter from Marie Koenig, 125 Olive Court, who objected to the use permit because of the traffic. There being no further comments in favor of the appeal, Mayor Culbertson called for hearing from the opponents of the appeal. Fir. Alvin Kolb, 617 Daisy Avenue, stated that he did not think the opposition to the beauty shop was valid because (1) a one -operator shop would not have more than two customers at any one time and sufficient off-street parking would be provided in addition to the on -street parking; (2) there would be no confusion to customers since the names of the shops are different and Helen's - I - 22© IiinNites of Nar;n 7, 1962, continued ^lientele have been with her for many years; and (3) the residential character of the area will not be changed as no changes will be made to the outside of the duplex, which will be used primarily as a residence. Mrs. Nolb said she was not asking for any special favors, but had complied with the zoning requirements and felt that she should be given a permit to operate as had other operators throughout the city. 11r. Oliver Pecklenberg of Alpine realty Company, felt that fear of competition might be the reason for the opposition. A letter was then read from Mr. and Pira. Alvin J. Eggers, 610 W. Church Street, stating that they felt the ol)jections to the use permit were groundless. A letter was also read from Mrs. Ruth Terza, 531 Gerard Drive, who felt that Mrs. ILolb was entitled to the permit. The Council felt that a one -operator shop would not create a traffic hazard, that any possible customer confusion would be minor, that the residential character of the place would not be changed, that the requirements for a use permit had been met, and therefore the Council had no valid reason for denying the permit. Councilman Fitchell then moved that the appeal of Harry and Claudia I:ries be denied and that the decision of the City Planning Commission to issue a use permit to Helen Kolb to establish a one -operator beauty shop at 517 north Church Street be upheld. the notion was seconded by Councilman Katzal:ian and carried. IIESTDALE ADD-,,-,. TTotice thereof having been published in accordance ANN A•210N with law, Ilayor Culberto(.n called for public hear- ing on the proposed annexation of the :festdale ORD. iTO. 719 Addition, being 29.4 acres of land located south IF,TRODUCED of "ristmont Acres Subdivision. There were no protests, written or oral. On motion of Councilman ';rom,n, Ullmann second, the City Council introduced Ordinance b:o. 719 annexing the Vestdale Addition to the -City of l odi , by readin of title only and waiving reading of the ordinance in full. 1961 --DI':IOi,T Notice thereof having been published in accordance U;41FORPT 3LDG. with law, the Mayor called for hearing on the CODE A190?2ce? intention of the City Council to adopt Ordinance Fo. 716 adopting the 1961 edition of the Uniform 0RD. JTO. 716 Building Code with certain revisions and additions ADOFZED thereto. There were no protests, written or oral. Councilman Ullmann then moved the adoption of ORDIivA17CE 130. 716, entitled "Aid ORDINA14D ADOPTING THE f UUIFORPI BUILDING CODE,' 1961 EDITION, VOLUXES I and III, REGULATING THE ERECTION, COiTST.RUCTION, E•TLAIRGEIIEi;T, ALTERATION, ItPAIR, 11OVI1TG, .RE11OVAL, C01:VERSION, DEMOLITION, OCCUPANCY, EQUIPIL.11T, USE, HEIGHT, ARBA, AITD NAINTEIiAiiCE OF 3UILDIIIGS OR S?RUCTU?2;S IN TRZ CITY OF LODI; P3OVIDING FOR THE ISSUANCE OF PERNITS A1.0 COLLyCTIO11 OF PEES THERE- FOR; DECLARING AND ESTADLISHI21G FIRE DISTRICTS; PROVIDING PENALTIES FOR THE' VIOLATION THEREOF, AND REP_:ALIUG SECTIO[^S 5-1, 5-2, AND 5-3 OF THE CODE 0: T3:; CITY Ob' LO7)IAii) AL:: OTHER ORDIITA:TCES A111) PARTS OF OR�)I?A C S I'. COIIP,I.ICT THERZ-WITH", which had been introduced at the meeting of February 7, 1962. The notion was seconded by Councilman Brown. Second reading was omitted after reading by title, and Ordinance '.0. 716 was then passed, adopted and ordered to print by the following vote: - 2 - 221 Minutes of March 7, 1962, continued AWARD- City Manager Glaves resubmitted the bids on gasoline GASOLIiTE, oils.and greases which had been presented at the OILS AND meeting of Tebruary 21, 1962, stating that an error GREASES in extending the bid figures had been discovered which reversed the order of the two low bidders. RES. ITo. 2519 As a result, Richfield Oil Company is the low ADOPTED bidder and the City Manager recommended that Reso- lution No. 2516 awarding the contract to mumble Oil Company be rescinded and that award be made to Richfield Oil Company. The corrected tabulation of bids is as follows: Richfield Oil Company 3 33,063.40 Humble oil Company 33,487.60 Texaco, Inc. 33,796.85 Signal Oil Company 33,961.88 Standard Oil Company 34,100.20 - Seaside Oil Company 38,220.15 On motion of Councilman Brown, Katzakian second, the City Council adopted Resolution No. 2519 rescinding Resolution No. 2516 and awarding the contract for gasoline, oils and greases to Richfield Oil Company. CITY ELECTION The City Manager presented the list of consolidated precincts, polling places and election officers compiled by the City Clerk for action by the City Council. On motion of Councilman Mitchell, Katzakian second, the City Council ordered the con- solidation of County precincts, the designation of polling places and appointment of election officers as listed for the general municipal election to be held April 10, 1962. - 3 - AYES. Councilmen - BROWIT, KATZAKIAN, MITCHELL ULLMAiTH and CULBERTSON FOES. Councilmen - 1.1,011E ABSEZIT; Councilmen - 170"TE SUPERVISOR Mr. Vernon Lehman, San Joaquin County Supervisor, L3,HX, it thanked the City Council for sending Mayor Culbertson to Washington, D.C., with the delegation that appeared before a Congressional committee to . urge early construction of the Folsom South Canal - Auburn Dam Project. He said the Mayor made a fine presentation and that the joint delegation was another instance of the cooperation between the County and cities. COMMUNICATIONS N. LONA DRIVU A petition was presented from owners of real prop- ADDITIC_+ erty not less than one-fourth of the land by area and by assessed valuation for annexation of the RLS. NO. 2518 north Loma Drive Addition to the City of Lodi. ADOPTED The property consists of 7.7 acres at the north- east corner of Lockeford Street and Loma Drive. The boundaries were approved by the County Boundary Commission on January 9, 1962. On motion of Councilman Katzakian, Mitchell second, the City Council adopted Resolution No. 2518, resolution of intention to annex the North Loma Drive Addition to the City of Lodi and setting public hearing thereon for April 17, 1962. i2PORTS 07 THE CITY IfA:iAGER AWARD- City Manager Glaves resubmitted the bids on gasoline GASOLIiTE, oils.and greases which had been presented at the OILS AND meeting of Tebruary 21, 1962, stating that an error GREASES in extending the bid figures had been discovered which reversed the order of the two low bidders. RES. ITo. 2519 As a result, Richfield Oil Company is the low ADOPTED bidder and the City Manager recommended that Reso- lution No. 2516 awarding the contract to mumble Oil Company be rescinded and that award be made to Richfield Oil Company. The corrected tabulation of bids is as follows: Richfield Oil Company 3 33,063.40 Humble oil Company 33,487.60 Texaco, Inc. 33,796.85 Signal Oil Company 33,961.88 Standard Oil Company 34,100.20 - Seaside Oil Company 38,220.15 On motion of Councilman Brown, Katzakian second, the City Council adopted Resolution No. 2519 rescinding Resolution No. 2516 and awarding the contract for gasoline, oils and greases to Richfield Oil Company. CITY ELECTION The City Manager presented the list of consolidated precincts, polling places and election officers compiled by the City Clerk for action by the City Council. On motion of Councilman Mitchell, Katzakian second, the City Council ordered the con- solidation of County precincts, the designation of polling places and appointment of election officers as listed for the general municipal election to be held April 10, 1962. - 3 - 2:2d AWARD - Pu"LICE CARS RES.YO, 2520 AD 0P PLD A'J A 3'7 - Af.LRICA-, hEG10 rA_,K Cu3:e _. UT,rtt5R '_S. 1�0. 2521 ADUPTED C L AI t'IS JOB SPECS - UTILITIiS ASSISTA- t -7 RES. 2 52 2 A:' SGP TM Minute of T:arch 7, 1962, continued Dids on fo•ar police cars were presented as follows: Standard Alternate Weil :rotors 43,591.53 Loewer,. Auto Co. e4,664.97 4,179.58 .rieger Motor Co. 6,659.04 TI above figures include sales tax and trade-in allowance on four cars. Councilman 1,atzakian moved the adoption of Resolution Yo. 2520 awarding the contract for police cars to Weil Motors for :3,591.53. ?lotion was seconded by Councilman iitchell and carried. The Cit,r ;Manager reported that only one bid had been received on the curb, gutter and sidewalk for American region -Fark. she bid was from William 'Durkhardt for the sun of ..13,093.40 which was below the _ngineerls estimate of 0,305. The City 12anager recommended that award be made to William Burkhardt. On motion of Councilman Katzalcian, Brown second, the City Council adopted.Resolution 11o. 2521 awarding the contract for curb, gutter and sidewalk. at American Legion Park to William Burkhardt for the sum of .;3,093.40• Claims in the amount of 4107,083.74 were approved or. motion of Councilman Brown, K atzakian second. City Manager Glaves submitted revised specifications for the classification of Assistant Superintendent of Public Utilities. =e said that the requirements of the job had changed and that it would be desirable to have a person with electrical engineering train- ing, although persons without engineering training but with certain types of qualifying experience would also be eligible. An open competitive exam- ination will be held for the position which is presently vacant. On motion of Councilman Katzakien, Brown second, the City Council adopted Resolution Yo. 2522 adopting the revised specifications for Assistant Superintendent of Public Utilities. SPECS - City ?tanager Glaves presented specifications for ':•'ATLR PIPE cement asbestos water pipe. He stated that the Attorney General has ruled that since asbestos is a foreign product, foreign -made asbestos pipe could be purchased by governmental jurisdictions. Nevertheless, State law is explicit about pur- chasing only American-made products, and the City has heretofore used only American-made pipe. This pipe could not be properly coupled with the foreign - made pipe and, also, there has been some question as to the quality of the foreign pipe. Councilman ::atzakian moved the adoption of the following: With respect to the ":Notice Inviting Bids for Asbestos Cement plater Pipe," the City Council finds that: 1. At the present time the water lines in- stalled for the water distribution system of the City are American-made pipe; that in the event future pipe to be purchased for extension of said system or replacement of the present pipe is foreign -made pipe, the same cannot be properly coupled to our pres- ent water system and would involve a great deal of expenditure of City funds. - 4 - z3's Minutes of March 7, 1962, continued 2. Upon information and belief; the City Council is informed and believes that the quality of construction of foreign - made asbestos cement pipe is inferior to the American-made asbestos cement pipe. The motion was seconded by Councilman Ullmann and carried. Councilman Mitchell then moved that the specifications for asbestos cement water pipe be approved and that call for bids be authorized. Motion was seconded by Councilman Brown and carried. BICYCLES AT City Manager Glaves recommended that an ordinance TURNER RD be adopted which would prohibit bicycles from UNDERPASS being ridden in the vehicular travelled way of the Turner Road Underpass but would require that any CRD. NO. 720 operator of a bicycle walk his bicycle in the INTRODUCED. pedestrian sidewalk which has been provided. On motion of Councilman Katzakian, Mitchell second, the City Council introduced Ordinance Uo. 720 pro- hibiting bicycles from being ridden in the vehicular lanes of the Turner Road Underpass. CITY CODE Since the contract with Michie City Publications SUPPLENEUTS Company which provided for the issuance of supple- ments to the City Code has expired, the Company CONTRACT has submitted a new contract for preparation of APIROVED annual supplements to the Code. The contract is similar to the previous contract except that it is for a period of five years and provides that the City shall pay the sum of 49.00 per original page. The previous contract was for X8.00 per page. The City Manager and City Attorney recommended that the contract be accepted. On motion of Councilman Brown, Katzakian second, the City Council approved the agreement and authorized the Mayor to execute same. FEE FOR City Manager Glaves stated that the Recreation Com- SWI1R,11 G mission had recommended that a fee of 4`1.00 be INSTRUCTIONS charged to children taking swimming instructions. Last summer the Recreation Department had 1,800 children taking free instructions and the cost thereof was quite an item in the department's bud- get. The Commission feels that a fee of .1.00 is a reasonable one and hopes that if there are any children desiring to take lessons who cannot pay the fee, there will be some people or organizations willing to pay the fee. Also, if a fee is charged, the children will probably attend more regularly and take the lessons more seriously. Mlembers of the Council expressed concern over children who would not have money for the fee, but felt that there would be enough interested persons who would be willing to pay for such children. Councilman Katzakian moved that the recommendation of the Recreation Commission be approved and that a fee of ;1.00 be charged for swimming instructions for children. The motion was seconded by Councilman Mitchell and carried. PROPERTY AT Mr. Glaves reported that the house on the property Si. COR ELM recently purchased at the southeast corner of AND PLEASANT Pleasant and Elm Streets was in such poor condition that it was not suitable to rent and he recommended that it be removed and that the property be used temporarily as a parking area for City employees. The Public Irlorks Department would be able to use -5- 224 ORDIRAAT CES I1inutes of March 7, 1962, continued the garage on the property and would like to move it to the Sewage Disposal Plant. Councilman Kitchell moved that advertising for bids for re- moval of the house at the southeast corner of Pleasant and 131m Streets be authorized, that the garage at said location be moved to the Sewage Disposal Plant, and that the property be graded to serve as a temporary parking area for City em- ployees. The motion was seconded by Councilman Katzalcian and carried. A11E y -H ORDINANCE I'0. 717, entitled "AIiE:_)IIiG THE OFFICIAL B :TWE Lii CHURCH DISTRICT HAP OF THE CITY 0:' LODI AIM THEREBY RE- Ai;D PLEASAITT ZONIiiG CERTAIiT PROPERTY ALM ZLM STRMT DETWEEIT TO C-? CHURCII ST112ME' AND PLEASAiTT AVENUE TO 3:3 Ii-, 'THE C -P COME IC IAL_ PROFESSIO_- AL 0 _-ICE WIFE," having been ORD. 1,0. 717 introduced at the regular meeting of February 21, ..DOPTEJ 1962, was brought up for passage on motion of Councilman Drown, I.atzakian second. Second reading was omitted after reading by title, and was then passed, adopted and ordered to print by the follow- ing vote: - 6 - AY 2S Councilmen - ;31 OWU, KATZAKIAN$ HITCHELL, ULLMAiiN and CULBERTSOiv I703S: Councilmen - YON2 ABSMTT: Councilmen - NONE" CIVIL DE_MrSE ORDIITANCE NO. 718, entitled "AMENDING PARAGRAPH SHELTERS (e) OF SECTIOY 27-13 OF THE CODE, OP THE CITY OF LODI AND T3E'tiBY PERMITTING THE CONSTRUCTION OF ORD. I+O. 718 CIVIL DEFENSE SHELTERS IN PRO --'.T YARDS OR STREET ADOPTED SIDE YKIDS SU7,JECT TO ISSUA1,CE OF A USE PERMIT," having been introduced at the regular meeting of February 21, 1962, was brought up for passage on motion of Councilman Ullmann, Katzakian second. Second reading was omitted after reading by title, and was then passed, adopted and ordered to print by the following vote: AYES. Councilmen - BRO'•liT., KATZAKIAN, IMI i'CZELL, ULLMANN and CULDERTSOii UOBS: Councilmen - I'OiTE A3SE11T: Councilmen - NONE The meeting adjourned on motion of Councilman Katzakian. -ell Attest: BEATRICE GARIBALDI City Clerk - 6 -