HomeMy WebLinkAboutMinutes - September 4, 1963466
CITY COUNCIL, CITY OF LODI
CITY HALL COUNCIL CHAMBERS
SEPTEMBER 4, 1963
A regular meeting of the City Council of the City of Lodi was
held beginning at 8s00 p.m. of Wednesday, September 4, 1963.
Councilmen Brown, Culbertson, Dow, Ullmann and Katzakian(Mayor)
present. None absent.
Also present: City Manager Glaves, Planning Director Rodgers
and City Attorney Mullen.
MINUTES The Council Minutes of August 21, 1963 and August
28, 1963, were approved as written and mailed on
motion of Councilman Brown, Ullmann second.
PLANNING COMMISSION
APPEAL RE This being the time and place set for Council
LAKEWOOD SUBD. consideration of the appeal of Ted Schneider, Jr.,
UNIT #1 from the decision of the City Planning Commission
in denying approval of the tentative map of
Lakewood Subdivision Unit No. 1, Mayor Katzakian
requested the City Manager to read the report
from the Planning Commission. The report reviewed
the consideration given to the proposed map by the
Planning Commission which rejected the map on the
basis of unacceptable street design and undesirable
lot pattern. The long, straight streets create a
pattern out of character with the street pattern
established in the adjoining area and -the block
lengths would encourage speeding and heavier
traffic volumes than desirable for residential
streets. While the Planning Commission feels that
a pattern of larger lot sizes would be better
suited for the area and would be feasible from the
economic standpoint of the developer, the area of
the proposed lots was not a determining factor in
the rejection of the map since the lots do meet
the present minimum area established by the Zoning
Ordinance. The report also contained excerpts
from the State Subdivision Map Act and the Lodi
Subdivision Ordinance. Section 11525 of the Sub-
division Map Act states that "Control of the
design and improvement of subdivisions is vested
in the governing bodies of cities and counties but,
in all matters concerning such design and improve-
ment, any decision by a governing body is subject
to review as to its reasonableness by the superior
court in and for the county in which the land is
situated. Every county and city shall adopt an
ordinance regulating and controlling the design
and improvement of subdivisions."
Mr. Ted Schneider, Jr., said that the subdivider
had to make a profit and the size of the proposed
lots were more salable than larger ones, and
further that the area did not warrant curved
streets. He said that the map conformed to City
and State codes. Mr. Dennis Campbell, representing
the Delta Home Builders Association, said that the
rejection of the map was not proper, that the
development meets the requirements of the sub-
division ordinance, and that the Planning Commission
is not empowered to judge esthetic values. Mr.
Schneider read a petition signed by ten building
contractors stating that the depths of the proposed
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Minutes of September 4, 1963 continued
lots were satisfactory and adequate to the needs
of builders and potential home owners in this area.
Mr. Ted Holmstrom, 1529 Edgewood Drive, said that
no one in the Willow Glen. Subdivision was opposed
to development of the Lakewood area, but could not
understand why the subdivider did not follow the
type of development already started in the area
in regard to the street pattern and it is the duty
of the Planning Commission and the Council to deter-
mine whether or not the street pattern was suitable.
He wanted to know why the developer considered
straight streets desirable. He also was of the
opinion that having some of the lots in the Lakewood
Subdivision coincide with lots in Willow Glen
would benefit the whole area. Mr. Don Niboli, 1137
Edgewood Drive, remarked that the long, straight
streets would encourage fast traffic, endangering
children. Mr. Howard Mason, 1562 Edgewood Drive,
said that he was required to provide dead-end
streets in his subdivision by the Planning
Commission and it was the City's responsibility
to protect his property against devaluation. Mr.
Holmstrom suggested that Mr. Schneider get together
with people in the Willow Glen area in an effort
to reach some agreement. Mr. Fred Weybret said
that the fact that odd shaped lots were not con-
ductive to construction of standard type houses
was a good thing as people would have to use a
little more imagination in building.
City Attorney Mullen stated that esthetics and
economics are not defined in the laws, but that
according to the laws the design of streets is a
matter for discretion of the Council. He quoted
a 1958 court case in which the decision of the City--
was
ity=was upheld. Councilman Culbertson thought that
the City ordinance should give specific regulations
for streets patterns, but City Manager Glaves said
that it would not be possible to develop a law to
take care of every street problem and such consider-
ations are the purview of the Planning Commission.
Councilman Dow questioned how far the governing
body could go in exercising its judgment. He had
received an opinion from Mr. Loren Powell, Secretary -
Manager of the San Joaquin County Safety Council,
that safety would not be a significant factor in
consideration of the subdivision, although the
Safety Council did prefer curved streets. Council-
man Dow felt that the Council had no valid reason
for rejecting the map if it was just a matter of
esthetics. City Attorney Mullen remarked that FHA
favored curved streets and the Willow Glen sub-
division had been designed by an FHA engineer. It
was also pointed out that curved streets generally
conserve land and that a suggested plan drawn up
by the Planning Director for the Lakewood Subdivision
provided more street frontage and less street area
to be paved than the map submitted by Mr. Schneider.
Councilman Brown suggested that Mr. Schneider work
with Mr. Rodgers to change the street pattern.
Councilman Ullmann agreed that some adjustment
should be made in the streets. Mayor Satzakian
reiterated that the Planning Commission and Council
have the prerogative to ask for proper street align-
ment. Councilman Dow moved that the tentative map
be approved as submitted with the exception that
changes be made so that the streets will meet the
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Minutes of September 4, 1963 continued
length requirements of the Subdivision Ordinance.
There was no second to his motion. Stating that
he felt Mr. Schneider could come up with a more
suitable street pattern, Councilman Culbertson
moved that the appeal be denied and that the map
be referred back to the Planning Commission for
further study. Councilman Brown seconded the
motion which then passed with Councilman Dow voting
no.
COMMUNICATIONS
ABC LICENSE
Notice was read of the application for Alcoholic
of the Cherokee drainage ditch in the event of
Beverage License, On Sale General, for Garry and
excess storm water during the time the City drains
Yionne Seefried, Garry's Playboy, 7 South
are full. He said the property between the front-
Sacramento Street.
REPORTS OF
THE CITY MANAGER
BID ON
Mr. Glaves stated that the one bid on the rehabili-
GENERATOR
tation of the two generators obtained from -Govern -
RECONVERSION
ment surplus in the amount of 418,099.35 from
REJECTED
R & L Diesel Service of Stockton was considered
by the State and since this land is shortly to be
high so Mr. Cromwell of the Engineering Department
RES. NO. 2657
had sought informal quotations for the work. He
ADOPTED
had received a letter from A. G. Schoonmaker
pump could be installed. The State appraiser has
Company of Sausalito that they would do the work
placed a value of $4,000 on this parcel. Since
for a net of 315,170.32. The City Manager recom-
the City will need to acquire some land for drain-
mended that the bid of R & L Diesel Service be
age purposes in this area regardless of whether
rejected and that he be instructed to deal on the
or not the retention -recharge basin plan is
open market for the work. Councilman Brown moved
developed, the City Manager recommends that the
the adoption of Resolution No. 2657 rejecting the
City purchase the .93 of an some from the State.
bid of R & L Diesel Service and authorizing the
City Manager to deal on the open market for the
reconversion of the generators. The motion was
seconded by Councilman Dow and carried.
PLAYGROUND The Lodi bions Club has donated playground equip -
AREA FOR ment to be installed at Blakely Park and the
LION'S CLUB Recreation and Perks Department is requesting the
GIFT expenditure of $460 to enlarge the sand area at
the park to accommodate the equipment. On motion
of Councilman Culbertson, Ullmann second, the
Council approved the allocation of $460 for enlarge-
ment of the Blakely Park sand lot and requested
that a letter of appreciation be sent to the Lions
Club for their gift to the community.
PURCHASE OF
Mr. Glaves explained the need for emergency pumping
STATE LAND
of the Cherokee drainage ditch in the event of
FOR STORM
excess storm water during the time the City drains
DRAINAGE USE
are full. He said the property between the front-
age road and the school site could be used as a
retention basin, and that the owner of the property
west of the school site is willing to lease his
property to the City. However, there is a .93
acre parcel along the frontage road which is owned
by the State and since this land is shortly to be
declared surplus, it would be to the City's advan-
tage to buy this parcel on which the emergency
pump could be installed. The State appraiser has
placed a value of $4,000 on this parcel. Since
the City will need to acquire some land for drain-
age purposes in this area regardless of whether
or not the retention -recharge basin plan is
developed, the City Manager recommends that the
City purchase the .93 of an some from the State.
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Minutes of September 4, 1963 continued
Councilman Brown moved that the City Manager be
authorized to proceed with negotiations to pur-
chase the .93 of an acre along the frontage road
from the State for the sum of $4,000. The motion
was seconded by Councilman Ullmann and carried.
Eben though such action is taken, Mr. Gloves said
that the public should be made aware that the
Council has not adopted the ponding plan recom-
mended by Blair and Westfall.
CLAIMS
Claims in the amount of $158,140.58 were approved
TRUCK BODY
on motion of Councilman Dow, Culbertson second.
AWARD -
Mr. Gloves presented the one bid for the Sub-
SUBD. PAVING
division Paving Project 1963 which was from Claude
PROJECT 1963
C. Wood Company for a total of 814,130• Funds
ADOPTED
have been deposited by the subdividers to cover
RES. NO. 2658
the cost of this project and it is recommended
ADOPTED
that award be made. Councilman Brown moved the
adoption of Resolution No. 2658 awarding the
contract for the Subdivision Paving Project 1963
SPECS -
to Claude C. Wood Company for a total of 814,130.
TURNER ROAD
The motion was seconded by Councilman Dow and
PAVING
carried.
AWARD -
Three bids were received on the cab and chassis
CAB & CHASSIS
for the Fire Department as follows:
RES. NO. 2659
Loewen Auto Company - Chevrolet $7,355.92
ADOPTED
Tokay Motor Company - G.M.C. 7,477.60
RES. NO. 2656
Ford Motor Company - Ford 7,551.04
Mr. Gloves explained that the Ford bid was not
firm and that the Loewen Auto Company bid did not
meet all of the specifications. Therefore he
recommended that award be made to Tokay Motor
Company.as the lowest bid conforming to specifi-
cations. On motion of Councilman Brown, Dow
second, the City Council adopted Resolution
No. 2659 awarding the contract for furnishing a
cab and chassis to Tokay Motor Company for a total
of 87,477.60.
AWARD -
P. E. Van Pelt, Inc. was the only bidder on the
TRUCK BODY
transfer of the fire truck body onto the chassis
TRANSFER
mentioned in the above award. The bid is for the
sum of $4,819.00 which is considered a reasonable
RES. NO. 2660
bid and the City Manager recommends that award be
ADOPTED
made. Councilman Dow moved the adoption of
Resolution No. 2660 awarding the contract for the
installation of the truck body onto the new chassis
to P. E. Van Pelt, Inc. for 34,819.00. The motion
was seconded by Councilman Ullmann and carried.
SPECS -
Specifications for the paving of Turner Road
TURNER ROAD
between Stockton Street and Highway 99 were
PAVING
approved and advertising for bids authorized on
motion of Councilman Culbertson, Dow second.
ADDED HIGHWAY
The City Manager stated that in order for the City
USER TAX
to receive additional gas tax monies available
under the Collier -Unruh Act recently enacted it
RES. NO. 2656
will be necessary for the City to adopt a resolution
ADOPTED
stating it approved the imposition of the additional
highway users taxes and fees and wishes to receive
apportionments from such funds. Councilman
Culbertson moved the adoption of Resolution No.2656
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470
Minutes of September 4, 1963 continued
accepting the imposition of additional highway
users taxes and fees pursuant to Chapter 1852,
Statutes of 1963. The motion was seconded by
Councilman Brown and carried.
GOLF DRIVING Complaints have been received from residents in
RANGE FENCE the area of the golf driving range that balls have
been going over the fence into their yards. The
Recreation Department has estimated that a chicken
wire fence could be erected for $1400 or under
which would contain the balls in the golf driving
range area. Councilman Culbertson moved that the
golf driving range be refenced as recommended.
His motion was seconded by Councilman Dow and
carried.
SALARY Mr. Glaves presented the Council with figures
SURVEY resulting from his survey of salaries of local
private agencies and of certain cities which have
been used for the past five or six years. He
explained his use of a base position in the various
classifications. Councilman Culbertson moved
that action on employees+ salaries be tabled to
the meeting of September 18, 1963. The motion was
seconded by Councilman Dow and carried.
The meeting then adjourned on motion of Councilman
Dow.
Attest: BEATRICE GARIBALDI
City Clerk
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