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HomeMy WebLinkAboutMinutes - June 5, 1957162 0 I COu111C!L, CST'' .F LOLI I.. 05^ -u'ar ^.ee.,ir of the C= Cji _,.ncil of ,".e 0 ^C'_ .^e_:' oe-"nn_n- at 3:00 olcloc`k n.m of fled-esda' , c une 5, 1oS^ ;n C:l^e.. =tail dt�aKiar 1tC'.e11, •.`i_nson. and =u�' esJ(Na,-or)--resent: none a--a".t.Cit ar.a-er e11er and Cit, a:tcrne_- :.ullen also nreser.t. .._nuoS Of 1 , 105'7 were a`nroved as w'-"_rten and mil o� the .r.ot-on of Councilman Ratza:.,cian, i•,itcnell sectnd. 0= :.a_,or nu -nes ca_'_ea for t -.e cut'lic nearin? .:!=:3. on the ^rorosed annexation o: the `am Lane Cit-- Clerk rerorted that t^ere 'r -ad ee no ob4ect4 �.-s .o the annexation ORD. .iO. y92 'i'_..,.. with ..4 ^owe ver, .ne did re^e_ve a _ette. da_tedy.•.a' 0-7, from Dr. V? C i arri own -r oma ..ro^ertv :'ritnln the audl - tior. Dr. Parris stated in his lett__ :hat he di.. not obiect to the annexatior of his rrcn=rt to the Ci-'---!. but he asued t at �iro- visions be made for ^e continuance of his ani -al ..^osrital as a nrolessional office an that it be allowed to serve the co=,.unit•_: as the reed arises. ::a or Hu?hes called for ob ect_,ns from ^e audience and ....en ..or_e Were _ce_vec, Cc_rcilman Hoeirson moved ,ne introduction of rcinance No. 402, so'rrov- inq t".e ann exation of the Ham Lane Annex. ^.e ...0t4on was seconded :,ouznc�-^an ;,at - z_=_ --an and introcuced by unanni? c—as vote. _ Ci--.- ,7anaFer read a "e!::oran.dum _ rom the Tz'Y1an,-in^ irnCtOr C "erin- t.^.8 L011Oril':= actions b-• the ?lan`_nZ Commission at its meetin- of t -_a 2'' 191'": (1) The CoTLMissi .. denied the re -nest of C;'rarlesC. Coon for t. rezoning of Lots 54, 7 7 , and a : ortion of Lot 7:" -- ti-.= Wr.o! l Sul_ -division from :1-11 to L-1. ( 2 ) It recd^:::ended an-)roval of t::e rezonin7 re-uesz _ror- Albert .rats Cover -n7 t^e sou:.". Lo feet of Lot 1F, Crescent ��anor _,bdivision. .he Plannir.^ Commission reco=.ended a rezon- in from -3 to 3-L. On the motion of Coun- cilman _ntza`,ian, Fuller second, t::e Cit-: Council set June 19, 1957 'cr oublic hearin- on the rezor.ir.- ._.:est. ('i t The Commi cai on clibmi tted a re.cormmenration for tt'e _-uncil' s ancroval increasir.^ the Width o: Pavement for Pine Street east of ero:kee Lane from 18 feet to u.-_` feet. Since „'-.e i1:aster ?lar. rovided for a 3c -fort rave - ren -r, on Nast Fine Street, the Cit'. Council referrer the matter bac*- to t=.e Ci Commission for nub'_ic hearing and amena.mer.t to the ".-aster Plan on the -or.ion of Council- ma- -At c^:ell , Fuller second. :.:lutes o= Jure 5, 1957 conti...ed 163 TZ ,,PPahL 'iiPa;�`w .: eCi `v Clerk presented an arre=l -rom ..rs. rIT Ans u,z to the actio: b.: 're Cit; ?lann_n�- Cor:- ission re ectin= her recuest for a variance to the non-conformin= use of a structure owned b? har and located on the soutae�st corner of Oak and Garfield Streets. .. - nnshutz addressed e C Council iron the audience to state -..at t: e aoteal co•:ld be grithdrawn because s: -e had now lost t,e tenant for which the variance was re- oueste d . %rs. i nsnutz also recueste-- ir_'ormia- yi on relative to the rroc_ er orocedure of obtair.- in's a n=w to -:ant for per buildi^.-. i tv rit`,cr_n _ :•sullen suTcre=_ted that t -e Plan-:in7 7"rector ncti"` .-:rs. Anshutz re?ardir the a,_.,.^.ori zed uses for her structure. The Cit:- :,.a -ager also su7-ested that • rs. ar.snstz discuss the condition of t -.e structure with both the ?lannin5- Director and the ?uildin--:snactor. A letter fro -m the international Cit-. :-.ana-ers C_ -TY _.. .: GL3S hssociation, dated June 1, 1957, in*ormin-- the CO'iFEE, GE Citv Council t*r.at the Conference of t^e Int,er- national Cit � . ana�ers Dissociation is to be eld in td.s in -ton D. 0. , October 20 to 2' 1957, and reruesti— the Citi' Council to aurher- ize the attendance of the City .._nnaser at this meeting. :tE- letter dated .`.azD 2I,, 1957 from the Lodi '=rare Ali JT TO Ii,.- and Wine Festival exolaininF that the North PROVE UaT'H ra :c leading- to Lodi Stadium. has a sharp nitch -n :P n'T 61.DIUI.. which makes it difficult or iG:pOssible for some of tc_e floats in the festival parade to get in an -d out of the Stadium. "he Festival asked `.-at .lore dirt be added to the ramp to make the z�resent rarlo useful to the parade floats. The Cit- Clerk reported that the letter has been referred to the Recr-ation Director who replied ., hat the ramr, in cuestion. is a ter-.porary rams_. co^str-.cted by the -eople usin=_ t'ae Stadium for auto racin=-. This ramnn serves the purrose of t -e auto racing neoele, but it coup: cause difficulty for floats usin? it. He estimated the cost of renovating the ra::n to be at least 2-:0. ;e also stated t^at the ramp `could be o: no part: lar benefit for his department. T:re wor':c would be done solely for t e benefit o.' tee ?estival. Cou-cilc:any Robinson stated at he. felt that it ..•ould be wcrt�while to -....rove e recuest of the :estival since wit':i ^e exr^erditurP, of a small a.Po''nt of -on--^. it ;Dio'_ild mauve its use b'i the floats in parade easier. lCcuncil:nan .,lite -ell t'.^:en moved, Fuller second, to ap^rove the reconstr-iction of the rami in t"e Stadium as re-uested by t' -e 'crape and ;gine '-estival. The motion passed by the follow:n. 710te: !"ES: Councilmen - fuller, 1-_itcrell, Ro^in- son andHu-'-es :,CLS: Councilmen - Katzakian Co-.ncilmen - Mone 164 i:inutes of .7";ie i9;' continued C Sn_ n letter from the ::•ortherr San Dacuin Count r 'Ci,Ul Jr.. ^Y Safety ouncil, dated .:ay 22, 195 , 1nformins ne City Council that it has undertaken a c'cnside rable stud`v with respect to traffic co'.",' *lot's itnin the Citv of Lodi The 'card of •Lirector s of the .._fety GoUnCll ..r.ereov submits the follcwin- reco .r:endations for t'ne Cit - Council: "i. That vehicles ,.nth increased horsepower to enable nroner pursuit be nurcr.ased for the tS olice dedarte;ent. '}2. That a minimum of six_ men be added to t' -e staff of the oolice deuartme^.t. his would, in effect, add 3.7 ,.en, or one man _Der s':ift, due to vacations, illness and of^er reasons. " "`-at all an -le poarki= in the city be a 1[ inEted, except w -.ere snecial provisions or adecuate fac'_lities ..ave alreadv been ade, e. ., the new ca^nus of t -.e Hi^h School. National _afety Council studies ^ave co_nsist- entl•: indicated that anF-le rarKin= is an ey_,�remely hazardous r"etrcd and t':ey have lona _Cdvocated its abolition. That °=easan., and Lee S -,Teets ^e desi-- ted as a one -::a- scree` couplet from: Lodi avenue to Lockeford and Locust Streets re- s--ect_ rely, and that ..:hese streets have rara- in_- onl•- on one side of the street. ccznsi-ierati^n be ?i -en to t: e use of alley ar . cac__es .... est. i cted ^ar.._r� are_ -Z for pus stoz's. "o. .'a the C_ ho.ir istration be com..ended -or be_innin ` e wideninc of Lodi nver.ue between Jchool'Street and t^e Souther' ?aci' - ri ht -o'" -way. This :has long been needed." Cn the motion of Councilman A-itchell, robin - son second, t^e letter was ordered filed for `ut7.re study. ti letter. fror.r carol- Sot,.s, dated ao. it 12, stati`.'t.^, t;^. ,.epurrs oronert. on the C?f north side of Lodi r:venue (^ort: west corner of Lodi Avenue and Pleasant Avenue) . i,.r. 'r.a..-._1 .. --otts stated .-t he :-as his residence on ^e r.arket and giver . e --st five --ears :-as received inCj4, ries from fifty prospects interested in .:rc"asin^ nis rrocerty as a business location. He renorted that the crospects .".ave all lost interest at -ter learn - in= teat the Cit'. `-as establis^ed a set -back -__or-7 - r-.crt;i side o:' Lodi nverue for -u ure wider.in-.. ?otts ask -ed that the City secure itsriaht-of-way as soon as nossi ble and that he be com.nensated for the devaluation of his oronert-- caused b,. t -e Cit 's plans. r'e rointed out that --r. Saker ^�Celve,. comnen3-.'_on for a similar situa- tion ,aher tr.e s-.reet .:as widened at .ne __ni:te, of _�:e > . 1,;7 .nt ini.ed 165 corner of Lodi Avenue and uhurch t_eet. Coun- cilman cbinscn stated that '-e s,7=athized with oats' sizaati0 and noirted c t .hat a s- zlar nrob_ec: will be created :or ot-er roc- erties atuttl.._ Lodi nverue in t. .:mediate v1C1. it7. Action on t: e re^'.lest %rte- deferred for future discussion after _nvez3ti-w7:ion and stud-:.-. ZA_.1LA CLALV The Cl= -k presented a claim. for aar._�_.ges from Franc Za^ala 6756 North OQ Jt Dc' -ton, California. in t -e Clain received t -.e Cit .;1erk on ':az: 23, 11?;7. .. . Zabala claims damages of '$ O,COO.00 for a1_eaed in- `:zries received :^.e Cit-_, duan . _curds or. ,:arc- 21, The cl- im was re'ectea and referred t0 ^.e insurance carrier. L1...1..JG n^ol=ca -cr- for transfer oI' !iloc-oiir ?eve"a-e L1Ce..a.. Cr l,n Sc�e ^eneral to Ld".'rar;rp .. lana and aila '. °'iilSnd, t_'_e Soot Club, 220 .,: e. kee Lane. .t�C L_CEl-,SL ikcn1_ca1,ic, _or transfer of ,t1conc _c evera=-e License for On ;ale Beer cc Wine for :-St'-er 3-olxn and Oliver 3rown, arc nle's .1u^, 121 Sacramento Street. EZCL1C ,l J'. Np __catioz for transfer of riico'":otic evera-e License for On 3aie neer & ;line to _-las Lo-�ez, `ido Clu'- 13 3. :.ain Street. ,oplicaticn for +lcoholic 3evera-e License for APF LlCn:'IC i Cn Sale Feer at the Lodi Grape b0'r,'i. —is �G,;L 3^Dli at10.^. ..,S reerr8d -O the 'r :.ttCrT!e•.1 at his suz _res,_.,.. to inv_stirate me effect of =rantin- G1 a^^licatinn on t':_ use o: -e vrtl 0' ..._.r.or... lett= � - -iona'_ yIater Pollution Con - ?l i i.J^i0?: Cunt- trol hoard, Lated`,a} 23, 195", irfor^in- the uL 30ARD City Council ,:r.at the office had ins:ected the LL(TTL0 riscliar=e from t. -.e LOdl Setae Plant and :o,)nC .. lha`, edisc..a•; re Curre-�tl' leeti.•_- t -e Soard'sre. ,iire`lents L. T J i _.•:S ..aims in the amo,in' o 30L,LL6.17 were a^._roved on :or. of O'1nC47man =.a`zavian, ?ti_l.er second. =�L=.•.I::AIC: _ Cit , -an rre se^ted a recom _ -. . tip from u? Jlh^G AL .^p _ E=ineer;or t -e eli-inaticn o=1-enal Pn:.•.1.. Qiv W. rarki on ; Elm l^ U^eat ,'etireen TCeS`•reet L _ a`'d Lee Avenue. Cit-: _.._ :'leer stated t"at L =tiP a iia:-_. __ p,_... ... _S CCAS:dered by all t:'a: L _c safet alb. rorities an unsatlsfactor" -ro- Ced',:re. _.. pted ...iniT.:li::l pave^ent �::idth 3CCe-:arkin- - '10 s -C deet. -e minted out ::d' = - 5-reet at ^is ^oint is on1:' -)C and tha` rar.. .._ is „_., rro- vide' ._+a`, tie ex -,en -=e of safety and at t' --e ex - re -se .._ :raveling s pct.. on a -.a--)r t .rou-" s`- __-• in _s m�~:ora^ •iir. .'e re -or"_. t* -at-. _.,_ neer- _er_rt-,.er.t had made 1u0 co' its e: 166 : inu,es o . -une 5, 19;I? continued Darkin= at ..hese locations. The sur,, -- dis- closed t'. -at t-=avera-e percentage of occu- oanC:' i5 11.a '7?oe`%fel^ C.^.ur.cr' j+rr»t and Pleasant -venue and 13.3'n between Pleasant Avenue and Lee Avenue. The maximum eercent- ace o: occunancarin- ,he time o. -e 100 courts was 12.5 bet-:=^ .. eChu.. street and Pleasant Avenue and Yy between Pleasa: ~venue and Lee Avenue. observed t --at t: -is last firure indicates -pat rarkin= is not Nein-- used b_ ^erscns s.•.00ninc blit by resi- dents in the area. He re^orted t -at based on rara_1e1 rein= and tie same occuoan^v found durine: tn:e 100 traffic counts, they avera=e occupant between C^urc^ Street and Pleasant Averue would be 18.'% and 21.4." be- tween Pleasant Avenue and Lee Avenue. T''ne -aximun: percen,a-e of occunanc would be 20 he -,Are er hurt- Street and Pleasant rive-ue and 50"; betwep n ?'_ea ca*t,t Avenue and Lee .,venue. He observed that the retention of an -1e arki - On Elm Street cannot be !usti- ed on the •basis Of :'?arki_1? needs. ::e recon mended that diazonal Darkln? be e' 4min- ated On Ein Street and stated that t?^.e C",..ief of Police heartily concurs in this reco7 anda- tion. Councilman a.atzakia- stated that since nl~_ L'reet had been desi?nated on the ::aster Street Plan as a t -rou=te street, he moved that diaconal parkin- on the street be eli^i- nated between Church Street and Lee Avenue. he :. otion was seconded b• Council -an ;eller. Councilman Robinson reminded the City Ccun- cil that this same recorn:endation '.ad been made to the ity Council nrevi•cusl and that o n February 2V of this _'ear, the Council V '-ad adopted ar. ordinance eliminat'_n^_ dia. oval narKlne on StocKton Jt re?t, but .-ad r=tamed ._ di27onal carki^.c on Elm Street. Pe -a.'._t t`.e Council had taken action on t.. ":e matter, and he expressed himself as still bein- oncosed to elimination of dia-oral parking on Elm Street until such time as t:: ^.e do .^ own parking district is in effect Co.ncilman Mitchell stated that he believed the desi­_ticn of Elm Street as a t^rou_.h street would '-a a mistake. He obiected to ..he location o stop si:-ns on au tc-.ins S ire" a ;d El ., ou�':t t sig -ns s-Duld be reversedtostop traffic on Elm Street at:utc-.4n.s. : e furt:.er observed t:^at t:^.ere is :rore traffic on Lockeford Street t -an z -ere is on E1^ Street. Councilman Katza'.tian pointed out tha, the Council has a recor..- rendation fro- re Citl- Er.--ineervnd t -e Chief - ".._ o_ police .,.- a., the elimination of dia;oral oarkin= be eliminated bot, from traf,-ic and safet-J standpoint. He felt the savinc of or= accident ,mould r.e scort . the c"anve. =e restated -'.is -otion to introduce Ordinance 593. elirninatinc dia,onal parkinP on 117 Street. Ordinance L+0. 593 was t'nen irtroduced b': t -.e :ollowin= vote: .in_ -es _ J_ -:a 4 -�j? continued i. J - ;C, ;z93 5: Councilmen - Fuller, .iatza_{ian, l'':--;;CUCS D CnB11 and c =.^e S Counci_ .en - Robinson H30:.:T: Co',,nc, lmer - ..O^e i•.avor Fu=hes re nested _ at a study ce made h.. _.... Plarnin, Coa:r..issior or: the mater of relcca- _on of stoic si-ns Sl:r and ..atc° ins Streets. . .. 7...-.l1'.7:C .ror-.. n.e :*. _• .. ..resented resented a recces -c: Vt-e and .rs. R -y -. ownersideaux, oners ofriant rose" 2::1 Sou,.. r.uta.._ns Street. 7-.e rec,iest :,,as _`or permissi . to install a 30 -foci riv_:.,a,. conrection ,.-.4th the new narking lot, oein- deve_ooed on the rove-tv ad4oi. _ _ the _iant "ro sty, IN r2-4eaux exnlained that _._ 1s _. to nrovide more parkin? snare off street, and ,:-at if the re -nest _s cleared the same amount of arkin- space will r=vain on the street as existed at the time w -en .:.e drive-in maintained two 20 -foot drive'ea':s. Ee also pointer o':`.. '-..at at '- e nrese-, ti^= :-ere is still a residential dri-;e,.;av on the oronert-,, which is tein.- converted to t -le parkin=- lot. :;eller renorte ;hat t' -e recuest had been submitted to t e Cit -i neer, who recon -ended that a 20 -foot _._...- way be antroved . He exnlai ned t,:at increasi n the widt�' of ,. _' driyewa:• more r,-an.-an.2C ,_ would eliminateone �rkinz space on Hutchins Street. He also pointed out that the I'iart _rosty '-as an _?-foot drive,�.a'I on the south site o: their nrcce•rty and they- have access to the orocert- rom t -,e alle:- in the rear. .-. nod-ers the 'lannin= ..'_rector, exp' ned 1 tie matter nad been be -ore t�e ?lannin om- m:ss_on and the Co:-iilssi on had reco,mme-aec a 20 -foot drive•,•i v on the oasis ,,".at this w.culd ive sufficient access to the parkin=_ Lot and at t^e same time maintain the amount of far' -:ink on hutchins Strutwere t^e demand for rarkin is unusually: hi -h. Cou^oilman `-_itc^ell stated ae felt the recuest was reasonable and that the recuest of ":r. ?ride-ztux should be =ranted. since e was urdertaki.n._ to crovide off-street :are:i n- and thereby reduce -.e demand for parking on :iutc'r.ins Street. ,he recommendation o: -e City / .J - iP.eer t0 li.*„i- the dr' ewa•r width to 20 feet was approved on t.. -e :"otion. of Council.nan "'ol'in- S0: , .:atZa.. se CO^.d. T -e -otlon was ai:,rro7ed t o fo'_lowin2- vote: °ES: Councilmen - iuller, Katzakiar Rob- inson. and HuThes D3ZS: Councilmen - i;:itc^ell �S•SR';T. Councilmen - ;;cr.e SECS FOR The .._ ::anap*er presented specifications for �EGr s= -Pt ^nat.eria'_., t^ be used in the street -ai - rP? -VED tainar.c-CT^a:- =or the balance of the calendar Specifications were at roved on t"e -:onion .._ Councilman. .._ zaz:lar., ?ul_ _ secon-4. � S� inu-es o: Tune lob^, continued CCnC aiL %teller ^resented a deed obtained ro- se DIED u7 L. •t'ocacci , vi�.ary �eronio Balconi , and Leslie TO Cl Les:-.ond ..,cacti or additional ri-rt-of--•ra-- on t=ne north side of Lockefcrd Street tetween and Pleasant Stre-ts. !'e excla-ned t at�this deed :^ad been secured after 1_=_ ne otiations, and would ^rol:ide the land _ necessar" for :aidenin- t� is oortion of _ockCe- ford Street. The rrrantors sti'J'.tlated t^e conditions under which the Frant is to be made, as follows: (1) T;; ^.e cost of widening includes navernent, curt., -utter and sidewalk and is to be-nstalld at., no exnense to ,,e _rartors. (2) It is to ^e understood that the curb, -utter and s ideisalk between Pleasant ..venue and the west 'line of t',le Tokay Cil Cor -^anv service stat`on will be installed durin- tr:e cal-enuar year of 1957, and that curb, gutter, and sidewalk on t::e soutn side of t -.e service s_ation sr 11 not be installed until suc: a time as t e•: are rema=red in t'r:e opinion of the Ci`,r of Lodi and the oronerty owners, or if in t.re opinion of the Cit- Council, such imorovements are recuired for safetv reasons. If and when suc:- installations are -.lade. .,he - will be rade at the sole expense of the Cit -:r of Lodi. (3) Ir, the event that the City Council finds that its ultimate heeds for street _. reve- ments, includ'in�- sidewalks, dO not reruire he full_. amount cf the present richt-of-::a-- at the north:.estyner of Clhurcn and 70C:;e- ford Streets. the Cit,., abandon the excess .-:n+.-o_-wa` to _ -rantors or their succes- sors in interest and that such abandonTent be at '^.e sxuense o: the Cit -,-,.of Lodi he se:lors also .ade demand for .50 for the deed. Courcil^:an catzakian then moved t^.at the deed ^e accented under the conditions s ru- lated-' *he -ran.ors and that a50 be raid as consideratior _-or the -rant. ^.e -otion was seconded Councilman P�7itc^ell and adc^ted b- unar.Jmous vote. C:..T-_L _.... Cit'-.ra:= rresen+.,ed a memo-andur" `"o- 'Ctt_ii�: .Cry- t" e "i -. =nE neer stat L.. -,`at the Central C �G Cal_=orria Traction Comranv still_ own.3 a sral_- trian-._lar narcel of ground at the nort-.east corner of � cra*ento street and Lodi Avenue. It is desiratle ~mat the L'ity accuire t:is zurcei of -roll..^.c. cart of which would be in- volved wit". -:-.e wider:. of Lodi avenue ce- tFreen School and Vain Streets. The Traction .Cdr --.ran': su= ested t -at as a consideration for the deed of t is narcel to the City, the Citv1 rrant tre Traction Co:^ran-• re-.issio- to leave undistur^ed t^e tracks located in Lodi avenge teteeen ..ai. Street and t -e S.^,.t'^ern Pacific rl O` -:i3'_.. The Traction Co^�nar•,° 'mould 7,hen rare t"e tracks at their own exn=nse. .^.e ..it• z.n=ineer recd-..... nded that t' -is su_'estio- ^e accented ­ the Cit -curt._. -_.SteS of june -4c, ^1'�...Ed 159 On the motion of Councilman Mitchell, Katzakian second the City Council appproved the recommendA- tion o� the City Engineer to accept the deed for the triangular parcel from the Central California Traction Company and in exchange to permit the Traction Company to pave over the railroad tracks on Lodi Avenue as requested. The motion passed by unanimous vote. BIDS FOR LODI The City Manager presented tabulation of bids AVENUE WIDENING for the reconstruction and widening of Lodi Avenue between School and Main Streets. Two bids were received for the project as follows: Rice Brothers $20,062.79 and Claude C. Wood Company, $13,89.55. Mr. Weller explained that the City Engineer's estimate was $12,123.25• The low bid by Claude C. Wood Company exceeds the estimate of the City Engineer by more than 10%. Mir. Weller pointed out that the difference in both bids and the City Engineer's estimate was in one item which provides for the clear - RES. NO. 2029 ing and removal of the trees. Both bids were ADOPTED considerably higher than the City Engineer's estimate for this item. The City Engineer rec- ommended that the award be made to Claude C. Wood Company despite the fact that the low bid exceeds the estimate by approximately 144%. He pointed out that approval must be secured from the Division of Highways for the project since the estimate did exceed the bid by more than 10%. He stated he did not believe re -advertising would result in a lower bid. Resolution No. 2029, awarding the contract to Claude C. Wood Company, subject to.the approval of the award by the Division of Highways, was adopted on the motion of Councilman Mitchell, Robinson second. ANNEXATION OF CRDINANCE NO. 590, ENTITLED, "APPROVING THE BLAZER ADD. ANNEXATION OF THE BLAZER ADDITION TO THE CITY OF LODI AND DECLARING THAT THE SAME IS ANNEXED TO AND MADE PART OF THE CITY OF LODI", having been introduced at the May 15, 1957 meeting, was ORD. NO. 590 brought up for passage on the motion of Council - ADOPTED man Katzakian, Fuller second. Second reading was omitted after reading by title, and was then passed, adopted and ordered to print by the following vote: AYES: Councilmen - Fuller, Katzakian, Mit- chell, Robinson and Hughes NOES: Councilmen - None ABSENT: Councilmen - None Ordinance No. 590 was then signed by Mayor Hughes in approval thereof. ANNEXATION OF ORDINANCE NO. 591, ENTITLED, "APPROVING THE FAITH TABER- ANNEXATION OF THE FAITH TABERNACLE ADDITION TO NACLE ADD. THE CITY OF LODI AND DECLARING THAT THE SAME IS ANNEXED TO AND MADE PART OF THE CITY OF LODI" having been introduced at the May 15, 1957 meet- ing, was brought up for passage on the moticn of Councilman Robinson, Mitchell second. Second 170 Minutes of June 51 1957 continued ORD. NO. 591 reading was omitted after reading by title, and ADOPTED was then passed, adopted and ordered to print by the following vote: Councilman Fuller stated that the proper location for the firehouse was a technical matter on which he did not feel he had a large "amount of knowledge. However, the City Coun- cil sought competent advice wherever possible, particularly from the Board of Fire Under- writers. After several meetings with the Board of Fire Underwriteres, the City Council learned that the Board felt the City of Lodi, as shown in the Master Plan, would be covered satisfactorily with two firehouses properly located. He stated that it was his belief AYES: Councilmen - Fuller, Katzakian, Mit- chell, Robinson and Hughes NOES: Councilmen - None ABSENT: Councilmen - None Ordinance No. 591 was then signed by Mayor Hughes in approval thereof. REQUEST TO Mr. Riney Bender addressed the City Council to IMPROVE OLD explain that as a representative of the Boy BATHS AREA FOR Scout Center Association, he was requesting PLAY YARD that the City Council authorize the improvement of the old baths area in Hale Park as a play area. He explained that the Scout Center has under consideration the leasing of the Scout Center to the Peter Pan School, presently located behind the Lutheran Church. Lease to the school depends on the securing of an adequate play area for use by the retarded pupils. The City Manager explained to the City Council that the request had been con- sidered by the Recreation Commission which recommended development of the old baths area with black top, provided that the City can secure provisions to hold the City harmless from liability from its use by the Peter Pan School. Fire Chief George Polenske addressed the City Council from the floor and stated that, whereas he was in favor of helping the Peter Pan School and the Boy Scout Center, he had to point out that he and the Fire Pre- vention Inspector had inspected the Boy Scout Center and in order to develop this for use in housing pupils, the building would have to meet minimum standards for that type of structure. He cited as problems a need for better lighting and fire resistant walls. The matter was then referred to the City -Manager for study and recommendation. FIRE HOUSE Mayor Hughes reported that he had received LOCATION letters relating to the location of the Fire DISCUSSION House from the Board of Fire Underwriters and from the Fire Chief. Both of these were read by the City Clerk. Mayor Hughes then called upon Councilman Fuller to express his views regarding the firehouse location. Councilman Fuller stated that the proper location for the firehouse was a technical matter on which he did not feel he had a large "amount of knowledge. However, the City Coun- cil sought competent advice wherever possible, particularly from the Board of Fire Under- writers. After several meetings with the Board of Fire Underwriteres, the City Council learned that the Board felt the City of Lodi, as shown in the Master Plan, would be covered satisfactorily with two firehouses properly located. He stated that it was his belief Minutes of June 5, 1957 171 that the recommendations of the Board of Fire Underwriters should be followed. They have demonstrated with the recommendation that cover- age can be secured in the high value areas, and since their recommendation states the firehouse should be located in the southwest and northeast sections of the City, he was prepared to accept their recommendation. Mayor Hughes then called upon Councilman Kat- zakian who stated that on the basis of the rec- ommendations of the Board of Fire Underwriters, two fire houses were sufficient if placed properly He stated that he believed it would be more expensive to operate three firehouses than two because of the added cost of maintenance and upkeep. He stated the Board of Fire Underwriters had explained their recommendations fully and that he felt he had a good grasp of the situation at this time. He added that he was confident the Board of Fire Underwriters had taken into account all factors involved in locating fire- houses, including location of the high value areas. He concluded by stating he was prepared to go along with the recommendations of the Board of Fire Underwriters. Mayor Hughes then called upon Councilman Mitchell who explained that he had submitted a letter to the Mayor outlining his views which he requested be read by the City Clerk after making preliminary, comments himself. He then stated that he had never heard of a recommendation for the location of the fire house in the northeast section of the City and that at the last meeting held be- tween the Board of Fire Underwriters and the City Council he heard for the first time the recommendation that the fire house be located at the corner of Hutchins and Tokay Streets. The City Clerk then read Councilman Mitchell's letter dated May 17, 1957, which stated that he believed the recommendations of the Fire Chief should go a long way in helping the Council make its decision. He explained that he does not agree with the suggestion of the Board of Fire Underwriters that the City sell bonds and build two fire stations at the same time. He favors building one at a time and paying for it out of the money accumulated in the Capital Out- lay Reserve Fund. He stated that he was in favor of building the first fire house on the Emerson School ground property which the City now owns. Possibly within the next ten yeartS the City can build a third fire house in the vicinity of the proposed Highway 12 railroad underpass. This fire house would serve both the east and west sides of the Southern Pacific right-of-way and any development that would take place in this area. He stated he believed the Board of Fire Underwriters agreed with this thinking. He pointed out that if the Council builds the first fire- house south of Lodi Avenue, it will leave the high value district lying north of Lodi Avenue where a greater percentage of fires occur. He pointed out that south of Lodi Avenue there are narrow north -south streets, with the exception 172 Minutes of June 5, 1957 continued of Church and Hutchins Streets, and Lodi Avenue is one of the most travelled streets in the City. He recommended that the Maple Square fire station remain as it is until such time as a new third station could be built. He stated, further, that the Council has delayed in building the fire house for the past two years. In the meantime building costs have risen and it is his assumption that a new firehouse will cost from five to ten thousand dollars more. He stated that he thought the Council should ask for plans and specifications as soon as possible. He concluded in his letter by stating he felt the plans should wait for the relocation of the Main Street fire station at least for another year at which time a new look could be taken at the possible develop- ment east of the Southern Pacific railroad tracks. Mayor Hughes then called on Councilman Robinson to state his views. Councilman Robinson re- quested that the City Clerk read his letter, dated May 24, 1957, submitted to the Mayor. In his letter Councilman Robinson stated that after the discussion with the Board of Fire Underwriters and after reviewing the whole matter, he is more convinced than ever that the Emerson School grounds is the proper location. He cited the following reasons to support his belief: (1) It meets the running time requirements to the present high value district, the present new commercial and residential districts and gives better coverage along major streets than any other proposed location. Duplicate coverage with the present Main Street station for the "High Value" district is an asset, and no location demerits nor demerits for probable delay in response should be charged for this station. (2) Regardless of future developments in other sections of the city, a station near this site will always be desirable. (3) The Main Street station should eventually be changed. Relocation at this time is not essential nor financially practical. Industrial development east of the tracks is in such a state of flux that the location of the fire- house in this area can not be foreseen at this time. (4) He saw no disadvantage in eventually erecting the third fire station, if industrial development takes place, along the Southern Pacific Railroad tracks south of Lodi Avenue as provided in the Master Plan. At the time this dev elopment takes place an underpass at the Kettleman Lane crossing probably should be built. It would give coverage through the underpass to the Barnhart Area, including new industrial plants, the Academy, etc., as well as residential areas to the west and Minutes of June 5, 1957 continued 173 south. He stated the Council had been assured that it would cost no more to house X number of pieces of equipment and men in three houses than in two houses. The only additional cost will be the erection of the third house. To discard the Emerson lot now would necessitate the purchase of another site and this amount could be used to acquire the proposed "Church and Xettlemen vicinity" lot if and when it is needed. When the City grows sufficiently to justify this construction, better service can be given from three neighborhood houses than from two farther away. (5) A station located at Hutchins and Tokay, while not calling for demerits from a purely "location" basis (nor would Emerson), would call for demerits as suggested in Mr. Young's letter in his reference to paragraph 32(b) in their schedule. Surely "probable delay in response" would accrue in bringing equipment along the narrow, congested streets and crossing Lodi Avenue traffic (fast becoming the greatest in the City). The majority of the calls as shown by the Chief's report are north of Lodi Avenue. Very shortly we shall be purchasing a ladder truck and he could not envision housing it in this location nor east of the tracks due to existing fire hazards in the downtown district. (6) A prompt decision should be made. The years that this development has been delayed have added materially to the eventual cost due to advancing prices'of construction. We can build on Emerson immediately. To purchase another site will not only add to the cost but will delay further the date of construction, thus adding further advances. Councilman Robinson then referred to the letter from the Board of Fire Underwriters dated May 13, 1957, Paragraph 8(c) specifically, in which the Board states that the fire house location south of Lodi Avenue meets the requirements of the Fire Department item 32 (b) equally as well as the Emerson School site with respect to the response to all high value areas. Councilman Robinson stated that the Board had taken snap judgement on this item by looking at the loca- tion but not at the possible delay in response. He pointed out that on one occasion the Board had suggested moving the Maple Square Station 900 to front on Sacramento Street. They have since admitted it to be a mistake and have several times recommended against this move. He pointed out that they have not taken into consideration the width of streets and the prob- lem of c�Frssing Lodi Avenue. He stated he thought the City would receive_ demerits for a location south of Lodi Avenue. He again pointed out that development was taking place in the west section of the City including the construction of the new high school, the new elementary school and the new elementary school being constructed by the Woods School District, and the commercial development at the Hame Lane-Lockeford Street i14 Minutes of June 5, 1957 continued intersection. He stated he could not see how these structures could be covered as well from a location south of Lodi Avenue. He stated that as Mayor he received a reply from the Board of Fire Underwriters on IMay 21, 1956. They replied to his question as to whether tt:e City would be penalized if they placed a firehouse outside of a three-auarter mile run from the General Mills plant, bear- ing in mind the type of construction and the built-in fire protection features. This letter from the Board stated that there would be no penalty for the General wills plant as long as its present superior construction is not charged. He stated this pinpointed the need for a station at Emerson School, and when the City purchased Emerson School it was in the back of our minds to use it for that purpose. He then pointed out that the recom- mendation of the Fire Chief, who knows the area better than anyone else, was for a fire house located at Emerson School. Mayor Hughes then stated that the City of Lodi operates under a City :tanager form of government. He felt that the important facts and important theme are missing in this controversy. He stated that he felt the auestion was whether the Council was going to go over all details when it employed a competent staff to do this work for the Council. He felt the technical details should be incorporated in reports submitted to the Council by the staff. He stated that he has spent four hours going over the complete files accumulated on the question of the fire house location and there was a tre- mendous amount of information to be gained by this type of investigation. He called attention to the recommendations by the Board of Fire Underwriters in the letter of May 13, 1957. Mayor Hughes then called attention to the letter submitted by the Fire Chief, dated June 3, 1957, and particularly to two para- graphs of that letter referring in the derog- atory sense to two unnamed individuals. He stated that whereas he considered the Chief to be a friend of his, he did not think that these two paragraphs could be passed over without comment. This type of statement he felt should not be allowed to enter into the Council's discussion because it makes the discussion difficult. He particularly pointed to the final statements of the Chief's letter where he refers to unidentified indi- viduals, illustrating the Chief was striking at someone, but no one knows whom. He stated that in his opinion the Fire Chief should withdraw these paragraphs. He then reminded the City Council that it holds the City Manager responsible for the actions of the Fire Chief and all other department heads. If the City Council starts taking up directly the projects of each department head they are in for trouble. Minutes of June 5, 1957 continued 175 He urged that the Council get the question back into focus. He pointed out that whereas the Chief had a right to file his views, he felt that this letter had gone beyond reason. He felt it hard to discuss the matter tonight under the circumstances. He then referred to a state- ment from the Fire Chief's annual report explain- ing that the Fire Chief is accountable to the City Manager for the operations in his department. He then asked the City Manager if he rad received a copy of the Fire Chief's letter of June 3, 1957. The City Manager reported that he had not. The Mayor then suggested that due to the cir- cumstances he felt they should narrow the question as to whether the recommendation of the Board of Fire Underwriters should be accepted or re- jected. He also stated that he felt the manner in which decisions are reached is often more important than the decision itself. Councilman Katzakian again referred to the two paragraphs of the Fire Chief's letter, particu- larly the last paragraph which he thought was uncalled for. He also pointed out that Council- man Robinson favors the duplication of coverage for the fire houses, whereas he felt this would be a waste of the taxpayers money. He then moved, Fuller second, that the recommendation of the Board of Fire Underwriters to locate a fire house in the area bounded by Lodi Avenue, Sacramento Street, Tokay Street and Hutchins Street be accepted. Fire Chief Polenske-addressed the City Council to state that a week or so ago he had been notified that the matter of fire house locations was to be discussed at the meeting this evening. He asked why this item had not been publicized in the newspaper. The reporter from the "News - Sentinel" explained that he took the responsi- bility for this as an oversite of his part. The Chief then stated that he wished to discuss several points: That a record of recent calls demonstrated that the majority of responses are in the northwest quadrant of the City, the quadrant being formed by the Southern Pacific railroad tracks and Lodi Avenue. He stated that there was not one call in the southwest quadrant in the last week. He then reviewed letters from the Board of Fire Underwriters from 1953 to 1955, which he believed were in contradiction. He stated that he had little confidence in the Board of Fire Underwriters being able to rec- ommend proper fire house locations. He stated that he had talked to many citizens of the community who agreed with him that the City should have three fire houses rather than two. He also exhibited a list of hazardous situations which he pointed out existed primarily north of Lodi Avenue. -He also stated that he did not wish to hu --t any feelings with anything he had said in his letter. Mr. Harry Tolliver, addressed the Council from the audience and exolained that conditions of fire houses had been discussed by prior coun- cils. He recalled that the Main Street fire house had been declared hazardous many years ago and that it had been contemplated at that time to put it on Emerson School grounds if the proserty could be secured at a reasonable figure. 176 Minutes of June 5, 1957 continued He stated that he did not believe it would be too far in the future when the third fire house would be required in the City. Councilman Robinson stated that he believed the Board of Fire Underwriters were vacillat- ing in their recommendations. He felt that the City Council was in a better position to locate the fire house than the Board of Fire Underwriters. Councilman Katzakian pointed out that it is the Board of Fire Underwriters who rates cities' fire departments, including the locations of the fire houses. Mayor Hughes pointed out that Councilman Rob- inson has been the member of the Council most adamant about meeting with the Board of Fire Underwriters and he also pointed out that Councilman Robinson was referring back to periods prior to the Master Plan study or prior to the time when comprehensive studies had been made on the fire house locations. Councilman Fuller pointed out that he had never said that Emerson School was not a good site, but that he agreed with the Board of Fire Underwriters that a fire house located in the southwest portion of the City was a better location. Councilman Mitchell stated that at the time he was Mayor Mr. Frank Young of the Board of Fire Underwriters had visited the City and twat in the company of the Fire Chief and the City Manager they had toured both areas of the City. At no time did Mr. Young designate a site south of Lodi Avenue for a fire house; however, when they examined Emerson School grounds he stated that it was a good site. Councilman Mitchell pointed out that he attended four meetings with the Board of Fire Under- writers in all, and it was his opinion that Emerson School site was the proper location for a fire house. The Fire Chief stated that the persons indicated in his letter of June 3rd were not among those present at the meeting, but since it seemed important to designate them, he had referred to Mr. Adams and Mr. Young of the Board of Fire Underwriters. Councilman Katzakian then called for the cuestion before the Council. Councilman Robinson then moved, Mitchell second, that the meeting be adjourned. Mayor Hughes received a rulinP from the City Attorney that a motion to adjourn is always in order. He then called for the vote of the motion to adjourn. The motion was defeated by the following vote: AYES: Councilman Mitchell and Robinson NOES: Councilmen Katzakian, Fuller, and Hughes ABSENT: Councilmen None Minutes of June 5, 1957 continued 177 Mayor Hughes then called for the vote on the motion of Councilman Katzakian, Fuller second, that the recommendation of the Board of Fire Underwriters be accepted to locate a fire house within an area bounded by Lodi Avenue, Sacra- mento Street, Tokay Street and Hutchins Street. The motion carried by the following vote: AYES: Councilmen - Fuller, Katzakian, and Hughes NOES: Councilmen - Mitchell and Robinson ABSENT: Councilmen - None Fire Chief Polenske thanked the City Council for its decision, stating he felt that the matter had been under discussion for a long period and even if the City Council had located a fire house ten miles out of town, the Fire Department would continue to fight fires and protect the citizens of Lodi. APPROVE CONTRACT City Attorney Mullen then informed the City WITH W.I.D. FOR Council that over a long period of time members STORIM WATER of the City staff had been negotiating with DISCHARGE the Woodbridge Irrigation District regarding the discharge of the City storm water in the Irrigation District canal. He explained that a contract with the Irrigation District in 1931 gave the City the right in perpetuity to utilize the canal for this purpose. However, there has been some question on the part of the District as to the meaning of the contract as related to the use of pumping in discharging the water into the canal. He pointed out that in the 1931 contract there was a possibility of there being a question regarding the City's liability in the event of damage created by the City's use. This 1931 contract has now been revised after negotiations with the Irri- gation District. This contract will clarify and tighten the liability provisions and will also clarify and authorize the City's present pumping facilities. This is to include facili- ties at the pump site which is presently approved by the Irrigation District, although the actual installation has not been made. He stated that during their discussions the Irrigation District made it plain that it wished to cooperate with the City in every way possible. On the motion of Councilman Robinson, Fuller second, the Council a_uDroved the contract and authorized its execution by the Mayor and City Clerk. 'Coun- cilman Robinson stated that he believed the City Attorney should be commended for his part in the negotiations. Mayor Hughes complimented Councilman Robinson, who had taken part in the negotiations, the City Attorney, and the City manager -for their efforts. CITY DRAINAGE The City Attorney then suggested that it would SYSTEIL: STUDY be of value to the City to give consideration to the hiring of a hydraulic engineer to study the City's drainage system and its plans for the future. He pointed out that this type of study would require a great deal more time and 178 Minutes of June 5, 1957 continued effort than the City Engineer could afford to give, bearing in mind his responsibility for all other engineering phases of the City's operation. The City Manager stated that he felt the study should be made as part of the City's overall planning function, and he also pointed out that this is a specialized field in which the City Engineer might be at a disadvan- tage. Councilman Katzakian then moved, Fuller second, that the City Engineer be authorized to investigate the availability of a hydraulic engineer and the cost of such a study and that he be instructed to make a report to the City Council at a future meeting. BUDGET SESSIONS :payor Hughes suggested that a preliminary meet- ing be set for familiarization with tha 1957- 58 Budge,. He pointed out that Councilman Katzakian would be absent from the City the last two weeks of June and this would give rim an opportunity to examine the Budget and ask questions. He also asked that the City Manager prepare a report projecting the income to the Capital Outlay Fund over a period of years. It was agreed that the Council would hold a study conference on Thursday, June 13, 1957 at 3:00 p.m. The meeting was adjourned at 11430 p.m. on the anotion of Councilman Fuller, Katzakian second. ATTEST:` HW A. GLADES; JR. City Clerk