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HomeMy WebLinkAboutMinutes - April 3, 1957139 CITY COUNCIL, CITY OF LODI COUNCIL CHAi-viBER, CITY HALL APRIL 3, 1957 This regular meeting of the City Council of the City of Lodi held beginning at 8:00 o'clock p.m. of Wednesday, April 3, 1957; Councilman Fuller, Hughes, Katzakian, Robinson, and Mitchell (Mayor) present; none absent. City Manager Weller and City Attorney 114ullen also present. CITY PLANNING COPS 4ISSION FINAL MAP The proposed final map of Rodine Square Subdivision Ri,DINE SQUARE was presented to the City Council for consideration SUBD. and approval. Councilman Robinson stated that he still objected to the dead-end street, however he would not object to the acceptance of the map. On the motion of Councilman Katzakian, Hughes second, the final map of Rodine Square was approved and the Mayor was authorized to sign on behalf of the City. CO4' "UNICATIOXS ABC LICEriSE Application for transfer of Alcoholic Beveraze License for wholesale Beer and Mine for .'gyred L. :ut'rer Regal Pale Distributing Company of Lodi. ABC LICE:iSE Application for transfer of Alcoholic Beverage License for On Sale General to Byron E. Costa and Raymond L. Costa, Town & Country, 113 N. Cherokee Lane. DAIS BUILDIiiG Letter from 111r. John Dais, recuesting a building PE?J.1IT REQUEST permit for the construction of a dwelling at 112 West Tokay Street. Mr. Dais has purchased a par- cel of land which has recently been zoned R-4 because the parcel was too small to meet with various requirements for a more restrictive zone. :'ir. Dais learned after his purchase that a power line ran across the property. He requested a building permit to construct a dwelling under the power line.- A memorandum from the Superin- tendent of Utilities explained that this power line has been in place for many years and pro- vides power for a large section of the community. He also reported that the Telephone Company was a part owner in the line and had informed him that they would be unable to approve the construc- tion of a dwelling under their line. Council- man Robinson stated that he had examined the situation on the ground and it was his opinion that the Council would not be doinv a favor for either Mr. Dais or the oublic if it were to authorize the building permit. The City Attorney advised the City Council that the City was within its legal rights in maintaining the power line and from a legal standpoint the buyer of the property must be presumed to be aware of the presence of the facilities, inasmuch as they are above the ground and visible. The request was denied on the motion of Councilman Hughes, Robinson second. BOARD OF EQUAL -h leiter from the Board of Equalization, dated IZATION LETTER March 19, 1957, informin,= the Mayor that the OF THANKS Bradley -Burns Uniform Sales Tax Act has been in effect for ten months. The Board extended its thanks to the city officials of Lodi for their cooperation in ordering the Board to carry out its responsibilities for the administration of the Act. 140 '%irutes of Apr41 3, 1957, continued HOGANi DAM A letter from idr. .arshall Dunlap, City En-ineer APPROPRIATION of t -e City of Stockton, reouestina, a new reso- lution from the City Council urging Conress h—L 6. WV_ - 2014 to appropriate $500,000.0.; for engineerin? ADOPTED studies of the new Ewan Dam. It was recalled that .Resolution No. 1902 adopted b,, the City Council February 1, 1956, had urged study for the new Hogan. Dam. Resolution tic. 2014, urging appropriation of j500,000 -CO in the current Federal Budget, was adopted on the motion of Councilman Robinson, Fuller second. BLAZER ANNE.ATION The City Clerk then read a petition from Flora Blazer, Rt. 3, Box 25, Loai, requesting the annexation of a one half acre parcel on 'tiest RI -S. 0. 2015 Lodi :'venue. Resolution No. 2015, declaring ADOPTED the intent of the City Council to annex the Blazer property and setting the matter for public hearing on K•'ay 15, 1957, was adopted on the motion of Councilman. Robinson, Katzakiar. second. FAITH TABERi,,ACLE T'e Cit-: Clerk then oresented a petition from AiaNE:XATION the Faith Tabernacle Church for the annexation of church property on the west side of Loma RES. NO. 2016 Drive. The 63 -foot parcel owned b;, the church ADOPTED extends westward to •fills Avenue. On the mo- tion of Councilman Robinson, Katzakian second, the Council adopted Resolution No. 2016, de- claring its intention to annex the property and setting the matter for hearing on Pdav 15, 1957, WAGES - CONSTRUC- A letter from the Associated General Contractors TION TRADES of .;Merica, Inc., informing the City Council that the Northern California Chapter of the A.G.C.A. is beginnin' negotiations with the construction unions for new wase and working condition contracts. The letter points out that the members of the Association are under a creat deal of pressure from unions to increase wages. They request support and the influence cf the City Council in their efforts to do everything possible in the public interest. -SPORTS OF THE CITY" i'Ai AGEFC USE OF LODI The City ii.anager reported that he had received SPORTS,,.A 'S CLUB a letter from the Lodi Sportsman's Club, re- PwPLRTY guesting that the City cease use of the Club's property on the South bank of the i<:okelu.mne iciver adlJoinir.g the City's disposal area. The Club then reouested that in return, for future use of the property the City a--ree to the re- moval of fill from the City -owned property to the property owned by the club, and that the City sign a lease agreement from the club at a lease arice of $60 a month. :,r. Weller stated that the letter did not conform to the recuest from the Council at its meeting of ''arch 20, 1957. it is his understanding the request from the Council was for a letter ex- plaining the plays of tf.e Sportsman's Club, after which a meeting could be scheduled be- tween the Council and the Club for t:e purpose of discussing the mutual orob'_ems. Councilman Robinson stated he did not think the City Coun- cil should take action on the c:ub's request until it could receive a complete written resort. Minutes of April 3, 1957, continued 141 Councilman Hughes stated he believed the City Manager should investigate the matter thoroughly before action is taken. On the request of the Yayor, fir. Jim Wood stated from the audience that members of the club would be happy to talk to Mr. Weller and it was his belief that they had complied with the wishes of the Council in the letter they submitted. He stated the Sports- man's Club still intends to build a rifle range or club house on the two acres site. On the motion of Councilman Katzakian, Fuller second, the Council voted to authorize the City Manager and the City Engineer to meet .ith the Sportsman' Club to work out a solution for the use of the Club's property. Councilman Robinson, stated he was happy to hear Kr. Wood bring up the subject of a rifle range. He stated he would like to have a report on the possibility of a joint rifle range. He was very interested in the joint development and operation of a rifle range for the City of Lodi. The City Attorney stated he would object to the proposal of a joint operation for a rifle range. He stated if a rifle ranze were developed it should be run by the City or by the Club with a lease by the City. Council- man. Robinson stated he was not particularly in- terested in the mechanics of operation, but he would like to see the subject of a rifle range rejuvenated. BLAIR WATER The City Manager reported he had received a SERVICE RE- memorandum from the Superintendent of Utilities QUEST stating that Mr. Richard Blair requests water service to his property on Myrtle Road. This property is outside'of the City limits, but can be served by a city water main. Mr. Weller re- minded the Council that similar requests from the adjoining property owners have been granted in the past on the basis that the taps would re- lieve the pressure from the City's water line at this point, thereby being of benefit to the City. However, he was not certain that additional taps would be of further value. The City Attorney stated that due to the relocation of certain in- dustries as a result of the State Highway 99 by-pass, the development of land east of the City for industrial purposes is quite possible. He suggested that the granting of City utilit;.r ser- vice outside the City might impede the develop- ment and annexation of this territory later. The Citv �,anaQer suggested that he could check further with the Superintendent of Utilities to determine what value the additional tap would 'Ce to the City. Or. the motion of Councilman Katzakian, Robinson second, the Council voted to hold the matter over to the next meeting for report from the Superintendent of Utilities. RED ZONE ELIM-The City Manager read a recommendation from the I`ATED ON City Engineer for the removal of the red zones on S70CKTON BETW. Stockton Street between Elm and Locust Streets. EL b; w LOCUST The City Manager stated that since the City Coun- STS. cil had taken action to require parallel parking in this block the red zones were no longer nec- essary for traffic safety. He stated the Chief :ES.i,ic.lL�f3 of Police concurred with this recommendation. ��c PTcO On the motion of Councilman Fuller, Hughes second, the Council adopted Resolution No. 2013, to elim- inate the red zones on Stockton Street between Elm and Locust Streets. 142 14inutes of April 3, 1957, continued PURCHASE OF SUR- The City i�ianager reported that surplus prop - PLUS PROPERTY erty from the Federal Government is available for cities to purchase through the Civil Le - RES. NO. 2012 fence Program. In order for the City to tare ADOPTEDadvantage of this program it is necessary to adopt a standard form resolution recuesting permission to purchase the surplus property. Ai,:EtiD ri•iDE LEktSE Resolution No. 2012, requesting the authority AGREEKENT FOR to purchase surplus Droperty and appointing 303 ,iCRES the Finance Director as the official repre- sentative of the City, was adopted on the mo- tion of Councilman Katzakian, Hughes second. PERSONNEL RULES The City Iv:anager reported that as a result of AND REGULATIONS the Council's recent action in reducing the AMENDED work week of the Police Officers to 40 hours, it will be necessary to amend the personnel RES. NO. 2010 rules and regulations of the City of Lodi. On hDOPTED the motion of Councilman Katzakian, Robinson second, Resolution No. 2010 was adopted amend- ing the personnel rules and regulations for the City. WIT.:^,DRA'�raiL OF 64TH Resolution No. 2011, declaring the withdrawal ADD. FROi�i W.a.F.P.D.of the 64th Addition from the Woodbridge Rural RES. NO. 2011 Fire Protection District, was adopted on the ADOPTED motion of Councilman Katzakian, Robinson second. CLAIiviS Claims in the amount of $116,169.39 were approved on the motion of Councilman Robinson, Katzakian second. PLANNING DIRECTORS Mayor 1ti,ithell stated that he had intended to ATTI:NDiOiCE AT COON- have Mr. George codgers, newly appointed ;E CIL ,ETINGS Planning Director for the City of Lodi, present at this meeting in order that he might be introduced to the members of the City Coun- cil. He expressed his regret that arrange- ments were not made for his attendance at this meeting. Councilman Robinson stated he felt it was a good idea to have the Planning Direct- or attend some of the meetings of the City Council to audit Council action on Planning matters. vviirl•hRDAi'+i DRIVE- The City Manager read a request from Mr. Warmer - WAY REQUEST dam for a 20 -foot extension of his driveway at the Southeast corner of Lodi avenue and Gar- field Street. On the motion of Councilman Robinson, Fuller second, the Council voted to grant permission for a 46 -foot driveway as requested by Mr. ;r;armerdam. Ai,:EtiD ri•iDE LEktSE The City Manager reported that he had received AGREEKENT FOR a request from lair. George Emde, the lessee 303 ,iCRES of the City's 303 acres disposal area, for an amendment to the present lease agreement to authorize four equal cuarterly payments in- stead of the present requirement of one annual payment in advance. Mr. 'Weller reported that this would be of no disadvantage to the City of Lodi, but he felt it would make it easier for Mr. Emde to meet his obligation to the City of Lodi. On the motion of Councilman Fuller, Hughes second, the City Council authorized the amendment of the lease to pro- vide for four equal quarterly payments and to authorize the City Manager to execute a new contract with Mr. Emde. Einutes of npril 3, 1957, continued 143 i�.E.-.T SALLS 0,;iD. iayor Kitchell then called for the adoption of Ordinance No. 586, repealing the City's Ordinance controlling hours for the sale of fresh meat. „11aynard Smith, addressed the City Council as amember of the Cattleman's Association. He sated his organization urged the repeal of the Ordinance. Councilman Katzakian stated that he had received one call from a butc:^.er who recuested that the ordinance remain in effect. This indi- ORD. N0. 580 vidual indicated that repeal would work a hard - ADOPTED ship on butchers who might be required to pay overtime to their employees. Councilman Robinson stated that he had been contacted by several people opposing the repeal of the meat ordinance. He reported that he had invited the,:, to attend the meeting, and present their views to the City Council. He stated it was his opinion that since thev were not in attendance that "silence wives consent". Ordinance No. 586, ENTITLED, "A:.i ORDINANCE REPEALING ORDINANCE No. 271 ENTITLED, 'AN ORDINANCE RECUL„TING THE HOURS OF BUSINESS WHEN AND THE PLACE OF BUSINESS hrERE, UNCURED AND UNCOOKED MEATS VLAY 5E, SOLD, OFFERED FOR SALE, RECEIVED OR DELIVERED, rimND PRESCRIBING t PENALTY FOR THE VIOLAT10. THEREOF, ri+D REPEAL- ING GRDIiiANCES JID PARTS OF ORDINii;CES IN CON- FLICT HEREWITH", having been introduced at the ::arch 20, 1957 meeting, was brought up for pas- sa-e on the motion of Councilman Hu_ -hes, Fuller second. Second reading was omitted after read- ing by title, and was then passed, adopted and ordered to print by the followin= vote: AYES: Councilmen - Fuller, Hughes, Kat- zakian, 3ooinson and Mitchell NOES: Councilmen - None ABSENT: Councilmen - None Ordinance No. 586 was then signed by i�iayor :iitchell in approval thereof. "NEXATIONi OF C:;DINANCE NO. 587, ENTITLED, "AP?ROVING THE SOUTHERN BAPTIST,,,-NLXATION OF TtiE SOUThERN BnPTIST ADDITIOi`J, TO CHURCH Ti -:E CITY OF LODI AAiD DECLkHING THAT THE SAPJE IS ,;N:iEXED TO AND i--iADE PART OF THE CITY OF LODI" , havin- been introduced at the :%-,arch 20, 1957 meeting, was brought up for passage on the mo - Or -LD. NO. 587 tion. of Councilman Hughes, Fuller second. ADOPTED Second reading was omitted after reading by title, and was then passed, adopted and ordered to orint by the following vote: AYES: Councilmen - Fuller, Huzhes, natzakian, Robinson and Kitchell :ICES: Councilmen - None ABSENT: Councilmen - None Ordinance No. 587 was then signed by Mayor Mit- chell in approval thereof. LOTS 16 AND 17 O!DINANCE NO. 588, ENTITLED, THE OFFICIAL CR SCE ,T t-iANCR DISTRICT AP CF TEE CIT`! OF LODI AND T hEREBY RE- ;tEZuNiED Zv2iIP1G LOTS to ti;+D 17 OF CRESCE r :..XO SUBDI- VISION TO BE INi THE R -L. RESID-EN;TIAL DISTRICT", 144 i-;inutes o: April 3, 1957, continued ORD. NC. 588 having been introduced at the ':arch 20, 1957 hDOPTED meeting, was brought up for passage on the mo- tion of Councilman Fuller, Katzakian second. Second reading was omitted after reading by title, and was then passed, adot_ted and ordered to print by the following vote: C�'' PLEilON OF The City i,.anager reported that the animal rNIi�;AL Sc ELTER s:^elter is nearing completion. He stated that it ad 'beer, sub-ested that the _`acilities be oten to the public before 'being put to use -by the noundmaster. It was then agreed to hold an open house at the animal shelter to be scheduled for 2:00 p.m., April 12, 1957. he sua-ested that interested parties be in - for an informal dedic-tion ceremonies at t'::is time. Council:. -;an obinson sug,ested that the open house be extended to include a tour of the sewage disposal areas, since the City has recently spent a large sum of money increasin_, and bettering the facilities. AYES: Councilmen - Fuller, Hu?hes, Katzak- ian, Robinson and Mitchell. N.OES: Councilmen - None ABSEIAT: Councilmen - None Ordinance No. 588 was then si-ned by itillayor Mit- chell in approval thereof. REZUNE PCR. OF at the ouestion of the adoption of Ordinance BLK.i, STURLA iv o. 589, Rezoning a portion of Block 1, Sutrla SCHOOL ADD. School Addition, Councilman Katzakian informed the City Council that he had personal interest in the matter and he would therefore with- draw from discussion or voting on the matter. OaDIMxNCE NO. 589, EiiTITLED, "hi•WNDINO THE ORD. NO. 589 DlbTciLCT _•uiP OF TFE CITY JC _.USI AJD aLOPTED :::ra :-Y_v.•:L•.+: 003 0, ?, 3, �, AND 10 IN uoo-z'^OF BLOCK STURLA 3C ouL „DDITION TO i� IN THE C-1 001�3IRCInL DISTRICT," Navin; been in- troduced at the March 20, 1957 meeting, 'P'as brou ht up for passage on the motion of Coun- cilman. Robinson, Hughes second. Second read- ing was omitted after reading by title, and was then passed, adopted and ordered to print by the following vote: AYES: Councilmen - Fuller, Hughes, Robin- son and :,;itchell NOES: Councilmen - None ABSTAIN: Councilmen. - Katzakian Ordinance No. 589 was then signed by Mayor :itchell in approval thereof. LEE AVE. SIDE- Councilman Robinson stated that he now believed WALK !NSTALLA- the attention of the City Engineer should be TION R!EQ_ESTED directed to securinP the installation of side- walk along the east side cf Lee Avenue Just south o: Chestnut Street. He stated he had received many complaints, because of the necessity of children attending school to detour along: the street at this point. C�'' PLEilON OF The City i,.anager reported that the animal rNIi�;AL Sc ELTER s:^elter is nearing completion. He stated that it ad 'beer, sub-ested that the _`acilities be oten to the public before 'being put to use -by the noundmaster. It was then agreed to hold an open house at the animal shelter to be scheduled for 2:00 p.m., April 12, 1957. he sua-ested that interested parties be in - for an informal dedic-tion ceremonies at t'::is time. Council:. -;an obinson sug,ested that the open house be extended to include a tour of the sewage disposal areas, since the City has recently spent a large sum of money increasin_, and bettering the facilities. i,:irutes of Aaril 3, 1957, continued 145 On the motion of Councilman Katzakian, Robinson second, the Council voted to execute a notice of completion of the Lodi Small mnimal Shelter. HOUSTON PROP- The Cit•. Attorney reported that he had been in ERTY EXCHANGE contact with the State Division of Highways who report that it would be four to six weeks before the Division will be prepared to present the Citv with a description of the proposed frortaze road between Pine Street and Victcr itoad. i�ir. i -:u --len stated that comoletion of the property exchanEe with Mr. Houston would necessarily be dela ved until the information was received from the tivision of Highways. ED KUP;DERT, The Cite Attorney reported that he and inayor iyiit- z,EGOTIATUr FOR chell had contacted Mr. Ed Kundert who agreed to DCWN T0'WN PARK- act as the City's negotiator for the City's acqui- ING ?ROPERTY sition of property for the Downtown Parking Dis- trict. He stated that it was customary to allow one percent of the sales price as compensation for the work of the negotiator. This sum would be paid out of money received from the sale of bonds. fir. Mullen stated he was quite certain Mr. Kundert agreed to undertake this job primarily as a matter of Public service, despite the fact that he would receive some compensation. He pointed out that the role of the negotiator is a very important in the proceedings. On the mo- tion. of Councilman Katzakian, Fuller second, the Council voted to give a contract to Mr. Ed Kundert to act as negotiator for the City for one percent of the sale prices. Councilman. Katzakian sug- gested that a letter be sent to Mr. Kundert thank- ing him for accepting the job with the City. GEORGE M. Ma+or Mitchell then opened the meetin; for nomi- HUGHES ELECTED nations for the office of Mayor. Councilman Kat - KA YOR zakian submitted the nomination of Councilman Hughes for Mayor. Councilman Robinson then moved, Fuller second, that the nominations for the office of mayor be closed and that Councilman Hughes be elected i:ayor by acclamation. The motion was passed by unanimous vote. KATZAKIAN Councilman Robinson then moved, Hughes second ELECTED i,:aYOR that Councilman Katzakian continue in the office PRO -TENT of iyfayor pro -tem. The motion was adopted by unan- imous vote. F�r•iHRiCS Or Mayor Hughes then. took his position as Mayor and b:AYGH HUGHES presidinz officer of the City Council. He stated that he would like to see the City Council re- check its policies and procedures during the coming year. He stated he could not overstress importance of the relationship between the City Council and the City Manager. It was his observa- tion that experience in the City of Lodi has clearly demonstrated that where Policies are clearly established by the City Council and the execution of these policies is undertaken by the City iianager and the City Administration, the affairs of the City are conducted in an orderly and efficient manner. He also expressed the 'rope that during: the coming year the Council could approach its problems with the full understanding of what the problems are and devote its meeting to finding the solution. He stated that when 146 i�iirutes of .;pril 3, 1977, continued the problems are well understood, the solution is easier to reach and more valuable from the standpoint of _public benefit. He then asked that each of the Councilmen prepare his own list of items that need action by the City Council. He asked that these lists be prepared without retard to priority. He they. recuested that the City Manager also prepare such a list but that in the case of the City Iyianager the items be presented in the order of priority. He suggested that the Council in this way take inventory of matters which rec_uire Council action. After this, the City I -tanager can submit a recomii.endation to the City Council after which the Council could take action at a special meeting. It was his hope that in this wav the Council would have an understanding of the problems facing the City Council and be in a position to schedule the work loads for the coming year. He pointed out that the Citv Council is a bcdv interested in the everyday lives of its citi- zens. He felt that the appointed commissions of the City and the City employees have been doing a very fine job and should be commended for their efforts. The solution to City prob- lems he felt recuires the attention and in- terest of many people in the community. He stated that the City of Lodi is not ours to keep, but for others to inherit. This stand- point should guide our actions. He then commended e4avor viitchell for his accom- plishments during the past year, particularly those problems on which the Council will be working during the coming year. He also stated that it was his feelinz that the Kavor of a Citv should express his confidence in the form of government which he serves. He felt that in the case of the City of Lodi he had perfect confidence in the Council- I•Ianager form ofgovernment and the personnel involved in conducting the City's government. He promised conscientious effort on his part to assist the City Manager whenever possible. Councilman Mitchell complimented :Mayor Hughes on his remarks and stated he wished to thank each Councilman for the understanding. and con- fidence they had extended to him during the past year. He also thanked the City Manager, City Clerk, and the City Attorney for the assistance he had received from the,: during his term of office. KATZArIAN APPOINTED 'Mayor Hughes then appointed Councilman Katzakian TO PLANNING C01-24. to serve as the Council's representative on the City Planning Commission. DON WOOD DEED City Attorney Mullen explained to the City Council that several years ago the City had found it necessary to work out an exchange of property with hir. Don "wood for a well site involving a portion: of Mr. wood's property. The formalization of the exchan a has been delayed for some time, but he has now received a contract signed by I%ir. Aced and thouc-,ht the Minutes of April 3, 1957, continued .147 matter should now be completed by action of the City Council.. Councilmar_ Kitchell then moved, satzakian second, that the Iv;ayor be authorized to sign the necessary documents to convey prop- erty to Jnr. Wood as outlined in the contract. The motion was passed by unanimous vote. The meeting was then adjourned at 10:25 p.m. on the order of the Mayor. ATTEST: �.EINNRY' . GLAVES, J(�' City Clerk