HomeMy WebLinkAboutMinutes - October 2, 1963415
CITY COUNCIL, CITY OF LODI
CITY HALL COUNCIL CHAMBERS
OCTOBER 2, 1963
The regular meeting of the City Council of the City of
LodiOras held beginning at 8:00 p.m. of Wednesday, October 2,
1963. Councilmen Brown, Culbertson, Dow, Ullmann and Katzakian
(Mayor} present. hone absent.
Also present; City Manager Glaves, City Attorney Kullen and
Planning Director Rodgers.
i:INUT�;S Minutes of September 18, 1963 were approved as
written and mailed on motion of Councilman Dow,
Culbertson second, after correcting said Minutes
by adding to the last sentence of the first para-
graph on page four and to the last two sentences
of the second paragraph on page four the words
"effective August 1, 1963."
PUKIC HEARINGS
3RI7.ING Hayor Katzakian read a letter which he had pre -
SESSIONS pared in regard to briefing sessions. His letter
stated that the Council has held briefing sessions
since 1948 which was prior.to the "Brown Act"
which was enacted in 1953. Since the "Brown Act"
made no specific prohibition against gatherings
of the Council prior to meeting, the briefing
sessions were continued. However, the Council
knows and agrees. with the spirit and intent of the
113rown Act"; the briefing sessions are open to
anyone who wishes to attend and no decisions are
made at these meetings. Also, these meetings give
the City Manager an opportunity to discuss personnel
and administration matters with the Council.
Further, in 1961 Governor Brown vetoed a bill
adopted by the State Legislature which would have
made pre -meeting briefing sessions illegal. Since
Councilman Dow had questioned the legality of the
Council's briefing sessions and had requested an
opinion from the Attorney General through State
Senator Alan Short, doubt had been placed in the
minds of the public about the honesty of present
councilmen as well as those who served over the
last fifteen years. In order to remove all doubt
and to bring peace and harmony to the Council so
that it can accomplish what it has been elected
to do, Mayor Katzakian suggested that the Council
do one of the following:
1. Beet around the council table for briefing
sessions.
2. Meet in the conference room with public and
press invited as has been done in the past.
3. Eliminate briefing sessions completely.
He recommended that the Council agree on item
Jo. 1. Councilman Culbertson, in light of the
publicity given the pre -council sessions and the
controversy over the decision of the Attorney
General, moved that briefing sessions, if any, be
held at 7:30 p.m. in the Council Chambers with the
public aware of the meetings and able to attend.
The motion was seconded by Councilman Dow. City
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Wei
11inutes of October 2, 1963 continued
Attorney Mullen stated that he had not received
a copy of the Attorney General's opinion, but had
made a cursery examination of a copy given to the
press. As City Attorney he would have advised
the Council if their meetings were illegal, and
as no action was taken at these briefing sessions,
the Council was not in violation of the law. -
Councilman Culbertson said it should be pointed
out that neither Councilman ?low or others had
reason to accuse any members of the Council of
acting illegally since they never came to any con-
clusions in the briefing sessions and the public
should be aware of this. The motion carried
unanimously.
LODI AV7,. 1-irs. pante Ballatore said that she wished to thank
BICYCLE PATH whoever was responsible for putting in the bicycle
path on Lodi Avenue west of Ham Lane and that the
residents in the area who were concerned about the
safety of their children were happy about it.
Mayor Katzakian informed Mrs. Ballatore that the
City Manager had had the work done.
BRIEFING Mr. Victor Goehring said that in his opinion`the
SESSIOTS Council had made a good move in deciding to hold
the briefing sessions in the Council Chambers.
However, he felt that the Attorney General had
violated ethics in not sending an opinion to the
city. Mr. William Rempfer, 115 South Fairmont
said he was pleased with the Council's action in
regard to briefing sessions, but said that blame
should not be placed on Councilman Dow. He
questioned last year's election of the Mayor.
UNITED
11r. W. T. Harkins, 900 Vindsor Drive, on behalf
CRUSADZ
of the United Crusade, requested permission to
have a thermometer installed at the corner of
Church and Pine Street to show current status of
contributions to the United Crusade. The ther-
mometer would be removed around November 14. On
motion of Councilman Brown, Culbertson second,
the above request was granted.
PLANNING
COMMISSIOP
GE31P
City 'manager Glaves read the memorandum from the
TRAILLR
Planning Director concerning the action taken by
PLRMIT
the Planning Commission on the request of Mr.
Jimmey Genn for a trailer permit to establish a
one -unit trailer park on the Harris Pine Mills
property located at 1111 South Stockton Street
in the "M" industrial zone. Although the Zoning
Ordinance specifically discourages residential
developments in industrial zones, it was felt that
this proposed trailer location would be more in
the form of a caretaker's home for the industrial
plant. The trailer would be suitable for this
type of use since it could be readily removed at
such time as further industrial development in..the
area makes it undesirable for continued residential
nee. The Planning Commission recommended approval
of the request. On motion of Councilman Dow,
Brown second, the Council approved the establish-
ment of a one unit trailer park on the Harris Pine
hills property at 1111 South Stockton Street,
subject to the condition that the trailer be used
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477
tdinutes of October 2, 1963 continued
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at this location only as long as 11r. Genn performs
some of the duties of caretaker for the plant,
and that it be connected to city water and sewer
lines.
COMIiUlTICATIONS
WATER EOB
A letter was received from LIr. Gordon H. Armstrong,
PIONER -
attorney for the Pioneer -Pine Grove -Volcano County
PINI GROVE -
Water District, requesting written consent from
VOLCAiv0
the City of Lodi for purchase of water from Pacific
DISTRICT
Gas and Electric Company from the Company's Amador
Canal. P.ir. Glaves explained that when the Court
case on water rights was settled, PG&E was allowed
to serve Ione and Jackson a certain amount of
water. Ione and Jackson do not require the full
amount so the excess is available for the Pioneer -
Pine Grove -Volcano District, and the City of Lodi
would not be affected. Mr. Glaves recommended
that approval be given on a temporary basis.
Councilman Culbertson moved that the City approve
the delivery of not to exceed two cubic feet of
water per second by PG&E to the Pioneer -Pine Grove -
Volcano County dater District on an annual basis
with the right to review such water diversion
annually. The motion was seconded by Councilman
Ullmann and carried.
AP?LICATIO'st -
An application for an Ambulance Operator's Permit
LODI AMBULANCE
was presented (along with a report thereon from
SERVICE
the Chief of Police) from Philip Jolly, Lloyd
Helwig and kelvin Helwig under the name of Lodi
Ambulance Service. The matter was set for public
hearing on October 16, 1963, on motion of Councilman
Dow, Ullmann second, at which time the Council
will determine if public convenience and necessity
require such service.
ABC
The following applications for Alcoholic Beverage
LICLNSES
Licenses were reported:
1. Glenn H., Doris H. and Thomas D. Hanson,
Retail Package Off -Sale, General License,
Red Carpet, 720 blest Lodi Avenue.
2. Sandra L. and William R. Pratt, Lodi El
Rancho, 621 North Cherokee Lane, On -Sale
General Bona ride Public Eating Place.
SISTER CITY
A notice was read from the League of California
SESSION
Cities concerning the Sister City session to be
held Sunday, October 20, prior to the League
Conference in San Francisco. The notice was given
to Councilman Culbertson.
PT&T APPL.
Notice was given of the application of the Pacific
RE SERVIC-_
Telephone and Telegraph Company before the Public
RATES ITT
Utilities Commission for authority to establish
LOCAL AREAS
extended service in the Galt, Herald, Lockeford,
Lodi and Thornton exchanges and to withdraw message
toll telephone service rates now in effect between
these areas. Councilman Drown moved that the
Council go on record as favoring the application.
The motion was seconded by Councilman Dow and
carried.
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iiinutes of October 2, 1963 continued
SCHOOL 30ARD lir. Glaves read a letter from the Lodi Elementary
RE TV CABLE School Board asking permission to encroach within
City rights of way with ''TV cable and to attach
the cable to light poles where feasible for the
purpose of extending closed circuit TV programs
from George 11ashington School to the various ele-
mentary schools of the district. The initial
line is to be run between George Washington and
Leroy Hichols schools and will be installed.by
qualified engineers. The School Board will comply
with FCC regulations, will be responsible for
maintaining the line, and will provide liability
insurance. IIr. Glaves said the School Board will
acquire easements from property owners where needed.
There would be no cost to the City. Councilman
Dow moved that approval be given in principle,
subject to more details concerning layout of the
line and the terms of an agreement. The motion
iras seconded by Councilman Ullmann. Councilman
Culbertson said that he would like to have more
details and he questioned the esthetics of placing
the cables on the light poles. After further
discussion, Councilman Dow amended his motion to
include the proviso that it was incumbent on the
School Board to get permission from adjacent
property owners where lines will go on public
right of way. Councilman Ullmann agreed to the
amendment. Councilman Culbertson was additionally
concerned because the Board was asking for approval
of cable they may Nish to install between other
schools and different problems may be encountered
in other areas. IIr. loodrow Mitchell, President
of the elementary School Board, said the Board was
trying to proceed cautiously with a minimum type
of effective system as a test pattern and would
only put others in if this project was successful.
He said that the cables were practically invisible
and that the Council could restrict placing the
cable on light poles to the "ashington-Nichols
connection if it wished. Cable has been stretched
between the main building to the annex at ITeedham
School on Pleasant Avenue. lir. Nitchell said that
the Board would be happy to have cable stretched
between two light poles so the Council could see
hoer it looked. After further discussion by the
Council concerning the need to know more about the
installation before reaching a decision, Councilman
Dow withdrew his motion and Councilman Ullman his
second. Councilman Culbertson then moved that
the matter be tabled to the next meeting cr.until
cable had been stretched for Council inspection.
The motion was seconded by Councilman Brown and
carried. Mr. Mitchell said he would notify the
Council when the cable was ready for inspection.
RZYORTS OF THE CITY hAiiAG; R
CLAIIiS Claims in the amount of ;228,453.42 were approved
on motion of Councilman Doer, Culbertson second.
CROSSUAL?;S The Moods School has requested that a pedestrian
ESTAM ISHLD crossing be installed on Loma Drive on the south
side of Robert Street. Such a crosswalk would
RES. iTO. 2665 allow children living on the east side of Loma
ADOPTED Drive to cross with greater safety to the west
side of the street where sidewalk has recently
been installed. There is no sidewalk on the east
side of Loma Drive between Lockeford and Colette
Streets. The Mngineering Department recommends
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47q
Hinutes of October 2, 1963 continued
that the request be granted. k1r. Glaves said that
requests had been made for a crosswalk on Graffigna
Street on the west side of Fairmont Avenue and he
recommended the painting of a crosswalk at this
location. On motion of Councilman Culbertson,
Brown second, the City Council adopted Resolution
No. 2665 establishing pedestrian crosswalks across
Loma Drive on the south side of Robert Street and
across Graffigna Street on the west side of
Fairmont Avenue.
STREETS
City Iianager Glaves reported that Tokay Street and
ACCEPTED IN
Camellia clay in the Westdale Subdivision were ready
:IESTDALL SURD.
for acceptance by the City. The Council adopted
Resolution Ilo. 2666 accepting Tokay Street and
R --,S. 1±0. 2666
Camellia ',Tay in the Uestdale Subdivision on motion
ADOPTi,D
of Councilman Brown, Ullmann second.
PREVAILING
Changes having been made in the wage scale for
'.f AGES
operating engineers since the adoption of Resolution
14o. 2646, the Council adopted Resolution Pio. 2667
3S."170. 2667
amending Resolution Ho. 2646 by adopting the
ADOPTD
present scale of prevailing wages for operating
engineers on motion of Councilman Culbertson, Dow
second.
DRIVZTAYS -
The City Nanager presented a sketch of four proposed
BAY3A113
driveways for the Baybarz Binder Company at the
3INDER CO.
northwest corner of Lodi Avenue and Belly Street.
One of the driveways is 36 feet wide, but the
Engineering Department reports that this driveway
will serve as access to the buildings and the area
crest of the main building, making it unnecessary
to construct an additional driveway. Mr. Glaves
recommended that the driveways be approved.
Councilman Culbertson moved that permission be
granted to construct the driveways as requested.
The motion was seconded by Councilman Brown and
carried.
ALLEY 3T11
Mr. Glaves gave a report on the request made by
GARFIELD &
property owners for the improvement of an alley
CHEROKEE S
between Garfield and Cherokee Lane south of Harold
02 HAROLD
Street. The north ten feet is shown on the original
map of Willow Tract as "reserved for alley," but
has never been formally dedicated to the City.
Except for the east 100 feet, the south ten feet
of the alley has never been reserved or dedicated.
There are nineteen property owners abutting the
alley which is being used by five property owners
or tenants. All of the owners are requesting
improvement of the alley except one owner who has
a building which projects six feet within the
proposed right of way. The people who signed the
request are willing to dedicate the right of way,
but want the City to pay for costs of improvement
which the Engineering Department estimates would
be •;2,500. An additional ':250 would be needed to
pay for title search, etc., in acquiring the land.
City Attorney Mullen pointed out that the Council
would be setting a policy and that there were other
undedicated alleys in the City. After further
discussion, Councilman Brown moved that the matter
be tabled to the next meeting and that meanwhile
members of the Council look at the alley and also
an unimproved portion of Cherry Street. The motion
was seconded by Councilman Ullmann and carried.
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Hinutes of October 2, 1963 continued
SPECS - CARS Specifications for two police cars and one fire
department car were approved and calling for bids
authorized on motion of Councilman Culbertson,
Dow second.
GAS TA:: VUIM An amended budget from the State Division of
Highways for expenditure of State Allocated Funds
RES. UO. 26668 for the 1963-64 fiscal year was presented for
ADOPTED Council approval. On motion of Councilman
Culbertson, grown second, the budget was approved
as presented by the adoption of Resolution No. 2668.
SPECS - Specifications for concrete pipe were presented
CONCRETE PIPE for Council approval. Councilman Culbertson moved
that the specifications for concrete pipe be
approved and advertising for bids authorized. The
motion eras seconded by Councilman Dow and carried.
GALT iIIGH iIr. Glaves presented a contract for use of the Lodi
SCHOOL STADIUM Stadium by Galt Union High School for football
CONi'RACT games to be in effect until August 31, 1966, which
is the date the stadium contract with Lodi Union
High School expires. The contract was approved
and the Nayor authorized to execute it on behalf
of the City on motion of Councilman Brown, Dow
second.
The City Council then adjourned.
C -
Attest: MATRICE GARIBALDI
City Clerk
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