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HomeMy WebLinkAboutMinutes - June 19, 1957CITY COUNCIL, CITY Cr LODI COUNCIL CHAIMSER, CITY HALL JUNE 19, 1957 This regular meeting of the City Council of the City of Lodi held beginning at 8:CO o'clock p.m, of 7,1ednesday, June 19, 1955; Councilmen Fuller, V:itchell, Robinson, Hughes, ('_�ayor) present; Councilman Katzakian absent. City 'L,anager Weller and City Attorney "ullen also present. P•inutes of June 5, 1957 were approved as written and mailed after making the following correction. On the Fire House Location discussion in tae portion quoting the letter of Councilman Robinson, the first sentence of Paragraph `k) should read as follows: "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 P;:aster Plan.." PUBLIC HEARING DAIS REEZONING :,Ayor Hu.hes called for the public hearing on the c_uestion of rezoning the south 46 feet of Lot 18, CRD. tiC. 494 C--escent %anon Subdivision from R-3 Residential INTRODUCED District to R-4 Residential District. There were no protests, either written or oral, presented. Ordinance No. 494, approving the rezoning as re- q.:ested was introduced on the motion. cf Councilman Robinson, i•:itchell second. COlh].,UNIC;TIODiS PROCTER & GA=:BLE A letter from Procter and Gamble Company requesting R _UEST the use or a parking space on South School Street in Tont of the Sprouse Peitz Store at 112 South School Street to display an automobile as part of the nation -;ride advertising contest. Request wrould be for a period of six days or whatever would be approved by the City Council. The City Clerk read a letter from the Chief of Police stating that 'ne had no objections to the request, but he warted tc point out that he has adminis- tratively approved requests for two days in the past and felt that exceeding this might be estab- lishing a precedent on the part of the City. He suggested that the request be granted for two days each week for two weeks for a total o; four days. Councilman Robinson stated that on the basis that this type of display might increase business in the downtown district he looked with favor on the request and would suggest granting similar recuests in the future. Councilman Fuller concurred on this vie,;i. Councilman Fuller then moved, Robinson second, that permission for use of a metered stall be °ranted to Procter and Gamble Company at the location requested for a maximum of four days; said four days may be utilized as the Procter and Gamble Company desires. The motion was adopted by unanimous vote. ABC LICENSE Application for transfer of Alcoholic Beverage License for On Sale Beer and "ine to Andrew and coelia Gunsch, the Chicken Diner, 1541 Cherokee Lane. ABC LICENSE' Application for transfer of alcoholic Beverage License for Off Sale General to Cecil C. Perrin and David F. Perrin, C & D Liquor Store, 1519 +gest Lockeford Street. 180 ::inutes of June 19, 1957 continued ABC LICE_;SE Application for transfer of Alcoholic Beverage License for On Sale Beer and Wine to Riza Esmail and Alike A:aro, victory Club, 122 north Sacramento Street. PRIDEAUX DRIVE- The City Clerk read a letter from Airs. Roy Pri- yyY REQUEST deaux, protesting the action of the City Council of June 5, 1957, in denying a request for a 30 - foot driveway for their drive-in stand on South Hutchins Street. -:rs. Prideaux stated that two years ago they had closed off a twenty -foot driveway section, and the property recently acquired adjacent to their stand for a parking lot presently maintains a ten -foot driveway. She therefore felt that her request for a thirty-foot driveway was not removing curb space from public use. She asked that the City compare driveways in similar businesses in the City which would indicate that her request was reasonable. P,:r. Rodgers, Planning Director informed the Council that he had consulted with t:rs. Prideaux and worked out an arran_ement whereby a twenty -foot driveway :,could give. sufficient access to the parking lot, but that its location would make it impossible to main- tain four parking stalls on the street in front of the business establishment. A:rs. Prideaux stated that a twenty -foot driveway as suggested by Mr. Rodgers would be acceptable to her. On the ,motion of Councilman Robinson, Mitchell second, the City Council voted to reconsider its prior action and to grant the request as reconmended by the Planning Director. The -notion passed by the following vote: AYES: ' Counci'_tt:en - T•:itchell, Robinson and Hughes NOES: Councilmen - Fuller ABSENT: Councilmen - K_atzakian REPORTS OF THE CITY i•ANAGER PEIISIOAI FUND :• r. Weller reported that in the past the City !NVEST;w:ENTS has been investing Pension Funds in government Series K saving bonds, that.these bonds were no longer sold by the United States Government and he also reported that the authority of the RES. NO. 2030 Finance Director to invest the pension money ADOPTED has never been formally established. He explained that the type of investments which the City can make with these funds is limited by law, and recommended that the City Council authorize the Finance Director to invest the excess pen- sion funds after approval of the Pension Board. He also recommended that the City Clerk be authorized as a co-signer in such investments. Resolution No. 2030 authorizing the Finance Director to invest the City's Pension Fund contributions in straight saving accounts and time contract deposits as provided by law, was adopted on the motion of Councilman Fuller, Robinson second. inures of Jure 19, 1957 continued 181 INVESTIGATION OF The City Kanager reported that he received a CALIFCRidIAYi;TER Resolution from the Contra Costa County calling PL.Z for the establishment of a legislative joint interim committee to investigate and establish policy regardin those features of the California z-ZSOLUTICN NO. dater Plan particular to the Delta area. He 2031 ADCPT-D reported that the Resolution had been submitted to the City Engineer for recommendation, and the City Engineer stated that without passing on the validity of claims recited in the Resolution he felt that a study of the Delta ;eater problems would be a wise move. The City 1,1anager recommended that the City Council adopt a similar Resolution. Resolution No. 2031, urgin, the establishment of a joint interim committee for the study of water problems in the Delta area, ;vas adopted by unanimous vote. The -City Clark was instructed to send copies to the Board of Supervisors of Contra Costa County, San Joaquin County, Assembly- man Biddick, and Senator Short. OIL �!JD GREASE Specifications for the City's oils and greases SPECS for the fiscal year, 1957-50, were approved on the ::orlon of Councilman Fuller, Pditchell second. CLA'!KS Claims in the amount of $73,434.04 were approved on the :notion of Council: an 'Robinson, Fuller second. DEbr.LOPI-ENT OF The City P•ianager presented a request from the CLD 'LODI SAT -13 County Superintendent of Schools for the City AS PLAYGROUND of Lodi to develop the area in Hale Park formerly occupied by the old Lodi Baths as a play area for young children.. The County School Depart- ment has made arrangements to lease a portion of the Boy Scout Center for use as classrooms for mentally retarded children. In order to utilize the Boy Scout Center for this purpose it is necessary that they have access to a nearby playground area. The City Tanager reported that the 3uildino Inspector had submitted a report on t:ie condition of the buildin-c and had hound that occupancy for this purpose would be authorized with minor -changes and also reported that develop- ment of the playgr_-und had been recommended by the Recreation Cord"ission, subject to provisions relievinZ the City of liability for its use by the School Department. It was pointed out that the area would be open to public use after school hours. On the :lotion of Councilman i•:itchell, Fuller second, the City Council voted to authorize development of the baths areas as a play area and to authorize the Boy Scout Center Association to utilize the area as a play=round during school J hours. PRIVATE POLICE The City Tanager then presented an ordinance P:;'TGLS for the regulation of private police patrols which he recommended be adopted by the City. He explained 0RDIN,. CE ;0. 595that the proposed ordinance is almost identical INTRODUCED to the ordinance which has been in effect in the City of Stockton for many years. The City Attorney also eyplained the various reasons for the need of regul_�ticns of this type of service in the City, e pointed out that this type of license is now required for taxicab drivers. Ordinance :o. 595, providing regulation of private police patrol systems, was introduced on the motion of Councilman ii:i chell, Robinson second. Ci :inures of June 19, 1957 continued Siv-ITH PROPERTY The City Manager reported that negotiations are AC'-I'JISITION still under :.ay vith leas. Estella Smith for the purchase of land just west of Lodi Lake Park. He reported that the City was unable to secure per-:ission from the Southern Pacific Company for access over the railroad tracks at the north end of the Smith property as had been proposed originally. He reported that the Southern Pacific Company had denied the request on the basis that this would interfere with the tracks used for storing cars destined for the General i -':ills Plant. The Southern Pacific Company did, however, indicate that they would approve the crossing of the tracks at the extreme north end of the property bein- purchased by the City or generally in a location -at the inter- section of the railroad tracks and oodbridge Road. The City L"anager suggested that it would be possible to secure access across property belonging to Estella Cooper which would be at C the north end cf the property proposed for acquisition. Councilman Robinson stated that he was opposed to approving, the purchase until the matter of access was settled. He felt that a definite proposal should be received from P•:rs. Cooper before the Council would take final action. After further discussion it -ras generally agreed that if the only access over the Southern Pacific Tracks -,ras over the Cooper property the City should take the nec- essary action to secure it at this time. On the motion of Councilman Robinson, Fuller second, the City Council voted to approve the purchase of land from Estella Smith and Estella Cooper subject only to securing the approval of such purchase from the City Attorney and City i,:anager. TRASH CAES F•:r. y+eller reported that he investigated the rac,uest from i.r. Cuffe for the installation of trash cans in the business district of the City, the cost of which could be off -set by placing -advertisement on the trash containers. :e stated that he had learned the merchants were generally opposed to this type of advertis- ing in the business district. i,:r. Hoggatt, Secretary-Y-:anager of the Lodi District Chamber of Commerce, addressed the Council to state that the Epard of Trustees of the Retail Merchants Division of the District Chamber of Co =.erce had considered this request. Whereas they would not -judge the desirability of trash cans as such, they would not look with favor upon this type of proposal because the cans would carry advertising. Councilman Robinson stated that he felt School Street was unnecessarily dirty and he felt that the merchants should propose a plan for keeping the street clean. .:oggatt replied that efforts were being made to secure the cooperation of tee individual merchants in not littering the gutters on School Street during those periods when the street sweeper does not make this round. Councilman .•:itcrell then -:owed, Fuller second that the i`:inutes of June 19, 1957 continuea 1aa proposal by Mr. Cu=fe for installation of trash cans in the downtown business district be rejected. The motion passed by the following vote: AYES: Councilmen - Fuller, i,:itchell and Hughes NOES: Councilmen - Robinson ABSENT: Councilmen - Katzakian LANGFORD DEED Mr. Dueller reported the City Engineer had secured a deed to the Langford property for the widening of Lodi Avenue between School Street and the Southern Pacific railroad tracks. Krs. Langford agreed to the dedication of the right of way on the condition,that the City of Lodi would 'bear the R:;:S. SIO. 2032 expense of street widening in the replacement of curb, gutter, and sidewalk and on the condition that the City relinquish that portion of the triangular portion of lard on the corner of Sac- ramento Street and Lodi Avenue which would not be required for street purposes. She also requested that the railroad tracks be removed from the tri- angular parcel. Councilman Robinson asked the City i1:anager to check and see if the Traction Company was not responsible for the removal of the railroad tracks. A deed to the Langford property .-;as then accepted under the conditions contained in i'ss. Langford's letter on the motion of Councilman Mitchell, Fuller second.` P.,FKING DISTRICT The City Eanager presented the Council with two NO. 1 EXPENDI- Resolutions recommended by the law firm of Kirk - TURES bride, Wilson, Harzfeld and Wallace for adoption as a step in the proceedin-gs of the downtown ?--S. NO. 2033 parking district. Kr. :feller explained that it ADOPTED will be necessary to make expenditures in advance of the completion of the district. These expendi- FES. NO. 2034 tures are necessary for such things as appraisals ADOPTED of property, surveys of land, etc. Resolution No-. 2033 would create a revolving fund to which money could be transferred from the parking meter fund. Resolution No. 2034 would in fact transfer money to the revolving fund from the parking meter I und. He explained that by following this procedure, money from the sale of bonds at a later date can be used to replace money in the parking meter fund. On the motion of Councilman Fuller, Kitchell second, Resolution No. 2033, creating a revolving fund for Parking District No. 1, eras adopted by unanimous vote. On the notion of Councilman Rob- inson, Fuller second, Resolution No. 2034, trans- ferino the amount of $'10,000 from the parking meter fund to the revolving fund for Parking District No. 1 was adopted by unanimous vote. BIDS FOR STREET The City Manager reported that bids had been re- ,.ATER ALS celved for the City's supply of street materials r for the balance of the calendar year. Bids from PES. NO. 2035 Claude C. `;food Company in the amount of X3,972.$0 adopted and from Rice Brothers in the amount of 3,692.00 were received. He recommended that the award be made to Rice Brothers as lowest bidder. Resolu- tion No. 2035, awarding the bid for street materials to Rice Brothers, was adopted on the motion of Councilman Fuller, Robinson second. i0:'`_ e_..:, . ac-' re:; - _red 184 isnutes of June 19, 1957 continued S. CHURCH ST. Kr. Weller reported he received a r,emorandum SPEED LIMIT from the Planning Director recommending that the speed limit on South Church Street from Tokay Street to Kettleman Lane be increased :nom its present 25 mile per hour limit to a speed limit of 35 miles per hour. It ..,as explained that a survey of traffic on this street indicated that a substantial portion of the traffic was presently exceeding the 25 mile per hour speed limit. It was also pointed out that the street has sufficient width to handle traffic at a greater speed. Kr. Weller reported that the proposal to increase the speed limit care originally from the Lodi District Court. He explained that the Police Department had difficulty in secur- ing convictions in.their attempts to enforce the present speed limit. Layor Hughes opened the meeting for public discussion. Yr. Leonard Franklin, President of the Needham School P.T.A., addressed the Council to explain that he had received numerous telephone calls from members of the P.T.A. and they were unanimous in their opposition to the proposed increase in speed limit. He stated they did not think the items for study were conclusive. He felt that by increasing the speed limit to 35 miles per hour the public mould tend to exceed this speed limit also. He pointed out that he did not have confident in the radar checks carried on by the Police Depart- ment since the speed checks were made of traffic on only one side of the street at a time. He pointed out that speeds on both side of the street will vary. He urged that stricter enforcement be employed as a means of holding the speed down.. He also pointed out that trucks use this street and he felt that the momentum of the heavier vehicles would prevent their stooping in sufficient time to prevent danyer3us accidents. The Council then heard opposition to the proposed speed limit increase from Krs. i•arian Aberle, ir. Grant i-iitchell, fir. Kerry Anderson, 1l:r. C.J. Ayers, and L -r. Alex b:cGregor. Councilman Robinson stated that he felt if a speed limit of 25 miles per hour cannot be enforced it ,:could be equally difficult to enforce a speed limit of 35 miles per 'your. He stated he felt if Deople break the law, the solution is not to change the law. e felt the lass should be enforced. He pointed out that whereas the speed limit on South Hutchins Street had been increased from 25 miles per hour to 35 miles per hour, this was made possi- ble by the limited amount of development on the west side of Hutchins Street. It was his feeling that when this street develops further, the speed limit should be reduced to 25 miles per hour also. Councilman Yitchell stated he agreed that a speed limit on South Church Street should be retained at 25 miles per hour. He was equally opposed to the hi.7her speed limit on South Hutchins Street. Coun- cilman Fuller stated that whereas he could understand the view of the people on South Church Street and would be willing to go along with it, he personally did not believe that :.:inures of June 19, 1957 continued 185 35 miles per hour on South Church Street was too fast. He felt that the present day automobiles are mechanically sound particularly in regard to the safety of the automotive brakes, and that 35 miles per hour is a safe, sound speed. On the :otion of Councilman1',iitchell, Robinson second, the City Council voted to retain the 25 mile per hour speed limit on South Church Street. HA -1 LANE ORDINANCE N0. 592, ENTITLED, "APPROVING THE ANNEXATION AN"-EXATICN OF THE HAI+.- Lk'.NE AN HEX TO THE CITY OF LODI AND DECLARING TH-T THE S u•.E IS A12111EXED -'0 niiD ;•:ADE PART OF THE CITY OF LODI", having been i-itroducec at t o June 5, 1957 meeting, was brought up for passage on the .loticn of Council - ORD. i`10. 592 man i••:itchell, Robinson second. Second reading ADOPTED was omitted after reading by title, and was then passed, adopted and ordered to print by the following vote: A`_ES: Councilmen - Fuller, :•:itchell, ilob- inson and :Hughes i:O::S: Councilmen - None ABSEiiT: Councilmen - Katzakian Ordinance No. 592 was then signed by :ayor Hughes in approval thereof. "L11,1IN''ilION 0: QRDINAi10E NO 593, ENTITLE -D, ilial'; Oj:)TNANC,:. -. "•P� .L•. DIAGONAL PARKIk"G T. G SECTION 194 (d) CF CRDIti= NCE NO. 493 , '=i- Oid W. EL%[ STREET TI-LLED IAN GiDI iAA:CE OF THE CIT': 0_ LODI REGUL T- I:G TRAFFIC UPON THE PUBLIC STREETS AND REPS L- ORD. .i0. 593 Iii' ORDINAYiCES NOS. 64, 137, 222, 446, AND ALL 5ME— ADOPTED OTHER. GRDL� S AND FARTS OF GRD --N A:17CES IN CC:•iFLIC^t HE. .+ITr.l TO ELII�iIii..TE DIA-a'kj:47AL PAr.KING ON ;ZEST ELM STREET BET -MEN CHURCH STREET AND Lam- AVENUE", having been introduced at the J,.ne 5, 1957 meeting, was brou7ht un for passage on the motion of Councilman Fuller, :•:itchell second. Second reading was omitted after reading by title, anrd was then passed, adopted and ordered to print by the following vote: n"'ES: Councilmen - Fuller, •:itchell, Rob- inson and 'Hughes NOES: Councilmen - None AESENT: Councilmen - Katzakian Ordinance No. 593 uras then si _wed by :ayor Hughes in arproval thereof. EI•ZRSON SCHOOL The City-anager reported that an item of •`3,600 TURFING had been added to the budget for the turfing of Emerson School at the request of the City Council. C OF C BUDGET i,:r. Weller explained that the City- had received RE'w-LST a recuest from the Lodi District Chamber of Cos:- :^.erce for the ar!ount of 34,166.28. He explained that because he felt any change in the City's contribution to the Chamber was a policy matter and should be handled by the City Council, he had included an item of $3,300 in the 1957-58 budget which is the same amount authorized by the City Council for the fiscal year 1956-57. 186 L'inutes of June 19, 1957 Mr. Sam Salas, President of the Lodi District Chamber of Commerce addressed the Council to explain that the Chamber of Co erce is exerting its effort to build the Lodi community and that the Chamber feels it needs additional funds from the City to accomplish its purpose. He asked that ;'ir. Jack Hoggatt, Secretaryi iar_ager of the Chamber of Commerce explain the request in detail. Mr. Hoggatt presented a breakdown of its expenses ir_cluding the sum Of ;$3,090.99 for operational expenses and _ $3,503 to cover items of supplemental nature. The item of ;3,503 included participation in the Christmas tree program in the amount of 92,563, participation in the Better Business Division in the amount o_" $150, and participa- tion in the specialized advertising program in the amount of :790. He explained that the Chamber of Commerce undertakes to carry out promotional and advertising programs, for which it is better suited to perform, for the City. He explained that the Chamber is finding difficulty in financing these programs from the general fund of the Chamber of Com- merce. Councilman Robinson recalled that in 1956 the Council approved the sum of $3,300 to the Chamber of Commerce .hich included an iter: of $500 for expenditure in conjunction with the City's 50th anniversary celebration. The City Attorney explained that the City Council is authorized by the State constitution to do only certain things. They cannot give money to the Chamber of Con-nerce based on the operational expenses of the Chamber, since this would be unlawful delegation of powers. He explained that this would be true because the Council would be delegating authority to expend funds over which the Council has no authority. Councilman Robinson moved that the CouncfLl authorize expenditure of $1,000 to the Chamber of Commerce. The motion died for wart of a second. It was agreed that before final action could be taken on the Chamber of Commerce request the Chamber should submit a request in conformity with the contract which the Chamber has with the City of Lodi for performance of advertising and promotion of the City of Lodi. CouncilmanRobinson requested that he be per- mitted to present the following suggestions which he had developed after a study of the recon -ended budget: (1) He indicated that he was not in agree- ment with the recommendation for an increase in vacation time for employees with long service with the City. (2) He suggested that three night patrol- man be added to the Police Department with the understanding that if the study for partial integration of the Police and Fire Department as proposed results in acceptance of a program, these additional men would be considered part of that personnel. ..-::utes of Jure 19, l 957 continued 187 (3 ) -e recoT ended the a clition of �5CC to re au;;iliary Police function since he did not believe the City did enough for this voluntary personnel. (4) He su,�ested that some start be made on the recorstructior of Turner woad between 99 highway and Church Street. He suggested that if funds be needed for this project, that it be secured by the elimination of some of the r. --ore uni::.portant street projects already included in the budget. He explained that he felt that if the City acts to improve Turner Road to a four - lane street and thereby encourages the traffic to use this street, it will serve to force a decision from the Southern Pacific Company and the County of San Joaquin on the reconstruction of the Turner Road grade separation. Councilman I•itchell stated that he wished to ircrease the Police Department to add two patrol- men to the nicht shift in order that one additional patrol could be established on each side of the City. 2•ayor Hughes stated that he felt there were various factors to consider before the Council reached a decision on the oronosed increase of vacation time for emrloyees. He felt t :ere were good points to this proposal which he felt should not be overlooked. after further discussion on the procedure for adoption of the budget it was moved by Councilman Fuller, Robinson second, that the meeting be adjourned until 8:00 p.m._June 26, 1957. The motion passed by unanimous vote. , ATTEST: NR A. CLAVES, Jri': City Clerk /