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HomeMy WebLinkAboutMinutes - May 20, 195321 CITY COUNCIL CITY OF LODI CITY HALL COUNCIL CHAMBERS MAY 20, 1953 T'nis regular meeting of the City Council of the City of Lodi held at 8:05 o'clock p.m. of Wednesday, May 20, 1953. Councilmen Haskell Preszler, Rinn and Richey (Mayor) present; absent, Coun- cilman A-obinson. Minutes of the previous meeting, May 6, 1953, were approved as written and mailed. COK UNICATIONS A letter signed by representatives of the Community Grape Corporation, East Side Winery, Shewan-Jones, Inc., and Wine Growers Guild was presented to the Council. The letter pointed out that several years RATE ago three of the above wineries entered into an REDU-TION agreement with the City for standby water service FOR STANDBY to be used in event of fire. At this tine the fee WATER SERVICE for such service was set at :500 per year. This DENIED fee was subsequently reduced to 4375 per year when the fourth winery entered into an agreement with the City. The letter then stated that due to the generally depressed wine market, the in- surance savings to the wineries has been decreased, and suggested that the rates be reduced to the following service charges: 4150 annually for a 6 -inch connection 4175 annually for an 8 -inch connection Councilman Rinn stated that if the service was worth $500 at the time the City made the agree- ment with the wineries, and this was later lowered to .375 be the City Council, and in the absence of evidence indicating that the present charge was unreasonable, he would move that the service be continued at the 4375 rate. Councilman Haskell seconded the motion. Councilman Rinn pointed out that the City Council has no yardstick to use in setting the rates otter than the one furnished by the wineries, the one which they urged the City Council to accept. Councilman Preszler stated that the wineries contributed to the prosperity of the City, and that the grape and wine market had fallen off during recent years and he felt these factors should be given consideration. He further stated that standby water service did not cost the City anything. Mr. Weller replied that the City should take a selfish view in that respect. He pointed out that the Board of Fire Underwriters were particularly critical of the standby agreements and charged the City with deficiency points on that account. He also pointed out that the City Council had recently considered the annexation of the Shewan-Jones property, and the winery had protested the annexation. This protest was partly based upon the fact that the winery already has the important City services at rates which make annexation unprofitable. Council- man Preszler pointed out that the East Side Winery had deeded land to the City for use as potential well site, and he stated that he thou&htthis should be considered of some value. k-ouncilnan Haskell stated that insurance rates have fluctu- ated and there is a possibility that the reduction in fire insurance due to standby service has not been as large as it was at the time the agreement was first signed, but he doubted if any winery has an insurance saving of less than ;375. The ques- tion was called, and the motion passed by the following vote: -� F) Minutes of May 20, 1953 continued. AYES: Councilmen - Haskell, Rinn and Richey NOES: Councilmen - Preszler ABSENT: Councilmen - Robinson It was tnen suggested tnat the City r:anager take the matter up with representatives of the wineries in an effort to arrive at a better basis for setting the rates for standby service. Letter from the City of Ripon, in response to the suggestion of the City of Lodi for a special SPECIAL census to be carried out county -wide, indicating CENSUS its willingness to participate in the special cen- sus. Mr. Weller reported that the City of Stockton had taken favorable action on the suggestion, and he had been informed that the City of Manteca was also favorably inclined. A telegram from the Placer County Chamber of Com- merce urging support of State Senate Bill 1977 TRANS -SIERRA which provides for expenditure of 25 million dollars IGHvAY over three fiscal years for a Trans -Sierra Highway. The wire was tabled on the motion of Councilman Rinn. Letter from the Ebenezer Congregational Church re- questing information and suggestions from the City REQUEST Council as to the procedures involved in the opening OPENING OF of Cherry Drive between Central Avenue and Washington CHERRY DRIVE Street. On the motion of Councilman Rinn, Haskell second, the Council voted to instruct the City Attor- ney or City Manager to reply to the letter, setting forth the Council's policy relating to street open- ings, and explaining the means of initiating a special assessment district. Letter from Lodi City Employees' Association ex- tending an invitation to the organization's annual CITY picnic to be held on June 7, 1953, at Lawrence Park. EilPLOYEES' The picnic is to be a breakfast held from 8:00 a.m. PICNIC to 11:00 a.m. Councilman Rinn suggested that a reply be sent to the Employee's Association stating that all members of the City Council will attend. Letter from H. C. Reiswig, 620 South Central Avenue, stating that he had noted that the matter of pro- hibiting truck travel on Tokay Street had been before TRUCKS ON the Council, and it had again failed to pass an TOKAY STREET ordinance which would enable the police to keep the street free of truck travel. In his letter, Mr. Reiswig noted that Councilman Robinson had com- plained that grape trucking would be hampered by the posting of signs which would apply to all trucks. Mr. Weller was asked to inform Mr. Reiswig that the Council intended to prohibit all trucks from using Tokay Street from Cherokee Lane to Stockton Street, and to explain that Councilman Robinson's remarks were intended to apply only to Lodi Avenue. Letter from the Lodi Transit System requesting approval of the following bus stops: northeast corner of Pine and School Streets, southwest corner BUS STOPS of Pine and Central Streets, and the northwest cor- APPROVED ner of Central and Poplar Streets. Councilman Haskell moved, Preszler second, to approve the new bus stops subject to the approval of the Chief of Police and the Superintendent of Streets, and to abandon the present bus stop on the southeast cor- ner of Pine and School Streets. The motion passed by a unanimous vote. i•ii nutes of May 20, 1953 continued 21 Letter from Russell French, Juvenile Officer, ex - JUNIOR tending an invitation to the City Council to attend TRAFFIC the Fifth Annual Junior Traffic Patrol Picnic to PATROL be held May 23, 1953 at Lodi Lake Park. The Coun- PiCNIC cil accepted the invitation and expressed the in- tention to attend the picnic if possible. PUBLIC HEARINGS Mayor Richey opened the meeting to the public for the hearing of protests to the proposed annexation ANNEXATION of the "Irey Addition" after ascertaining that all TREY ADDN. provisions of law had been complied with regarding the giving of notice. There being no protests to ORD. N0.489 the proposed annexation, Councilman Haskell moved, INTRODUCED Rinn second, the introduction of Ordinance No. 489, "APPROVING THE ANNEXATION OF THE IREY ADDITION TO TEE CITY OF LODI AND DECLARING THAT THE SM.1E IS ANNEXED TO AND MADE PART OF THE CITY OF LODI". Reading of the ordinance in full was omitted, after r­!ading by title. The motion carried by a unanimous vote. REPORTS OF THE CITY MANAGER Mr. Weller reported that the City had received one bid for the installation of sewers in the SEWER BIDS Costa and Vinewood Tracts and in South Lee and _ REJECTED 0outh Crescent Avenues. The single bid was by William Burkhardt in the amount of .16,284.50. He stated that the City Engineer recommended RES. ,j1745 that the bid be rejected because the installation ADOPTED can be performed by force account at a substantial savings. On the motion of Councilman Rinn, haskell second, the Council voted to adopt Resolution No. 1745, rejecting all bids and ordering the work done by force account. Councilman Haskell then asked the City Manager to report the actual costs of installation when the job was completed. A tabulation of bids for the furnishing of approxi- mately 2500 tons of plant mix surfacing to be used on the City's secondary street program was presented. STREET The bids were as follows: MATERIALS Claude C. 'Mood Go., Lodi :5.30 per ton AWARD A. Teichert x bons, Stockton 45.65 per ton On the motion of councilman Preszler, Rinn second, the Council voted to adopt Resolution No. 1744, awarding the contract to Claude C. Wood Go., the low bidder. hir. Weller presented the tabulation of bids for the installation and maintenance of radio communi- cation equipment for the Police, Fire and Utility AWARD OF Departments. The bids received were as follows: RADIO Equipment Maintenance EQUIPMENT R.C.A. X13,849.28 3290.00 per month DEFERRED P.OTOROLA $13,896.26 3285.00 per month WATSON COPdAU NI CATION ENGINEERS :15,128.85 3288.00 per month BENDIX RADIO COMPANY 419,093.11 4301.00 per month Mr. Weller explained that there was only 346.98 difference between the two lowest bidders, and some doubt had been raised as to the adherence to the specifications by either of the bidders, there- fore he recommended that the award be set -over to the June 3 meeting to allow time for the department heads to investigate the bids, and if necessary to meet with the representatives of the firms in question. The Gity Manager's recommendation was adopted on the motion of councilman Preszler, "askell second. C Minutes of May 20, 1953 continued 1- 8 Specifications for legal advertising forthe 1953-54 SPECIFICATIONS fiscal year were approved on the motion of Council- UGAL man Haskell, Rinn second. The City Clerk was author - ADVERTISING ized to publish the notice calling for bids. A petition requesting the formation of a special assessment district bounded on the east by the properties facing on the east curb of Sacramento Street; on the west by the properties facing on the PETITION west curb of Church Street; on the south by the DOWNTOWN properties facing on the north corner of inter - STREET sections of Lodi Avenue; and on the north by the LIGHTS properties facing on the south curb of Locust Street; and also including both the north and south side of Pine Street from Church Street to and includ- ing Lee Street for the purpose of installing in said area standard street lighting. The petition expressly waived the investigation called for by the special Assessment Investigation, Limitation and Majority Protest Act of 1931. On the motion of Councilman Haskell, Preszler second, the Council voted to accept the petition and to direct the City Clerk to check the signatures for validity and conformance of the petition to law. CITY PLANNING COXIMISSION A final map entitled "Vinewood Tract" of lands west of South Hutchins Street and south of Vine Street, FINAL MAP certified by the City Engineer as substantially "VINEWCOD complying with the tentative map filed with the City TRACT" Planning Commission, was approved for recordation and the streets and easements therein accepted as City streets on the motion of Councilman Haskell, Preszler second. This acceptance of the streets is subject to their improvement to City standards before acceptance for maintenance by the City. Mayor Richey then signed the final map. A final map entitled "Canepa Tract" of lands at the intersection of Park and Crescent Streets, certi- FINAL MAP fied by the City Engineer as substantially complyr ":ESTWOOD ing with the tentative map filed with the City Plan - HOMES N0.3" ning Commission, was approved for recordation and the streets and easements therein accepted as City streets on the motion of Councilman Haskell, Rinn second. This acceptance is subject to the improve- ment of streets to City standards before they will be maintained by the City. Mayor Richey then signed the map. A final map entitled "Kirst Estates" of lands at the corner of Cross and Lockeford Streets, certified by FINAL MAP the City Engineer as substantially complying with "KIP,ST the tentative map filed with the City Planning Com - ESTATES" mission, was approved for recordation and the streets and easements therein accepted as City streets on the motion of Councilman Haskell, Rinn second. This acceptance is subject to the improvement of streets to City standards before they will be maintained by the City. Mayor Richey then signed the map. The Council then considered the tentative map approved by the City Planning Coirmission entitled TENTATIVE "wellington Park". City Attorney Mullen explained KAP that the nigh School had cooperated with the develop- "itiELLILNG T�si ers of the subdivision to the extent of dedicating PARK" land for Pacific Avenue. He explainer' further that the Planning Commission had determined that a 55 - foot width would be sufficient for Pacific Avenue. The Council found no objections to the tentative map as submitted. Minutes of May 2G, 1953 continued 21 Councilman Rinn pointed out the large number of subdivisions being developed at the present time, and stated that he would be very interested in learning source of the demand for the new housing. He stated CITY GROWTH further that he would like to know where the pur- chasers of the new homes work and that if Lodi is becoming the "bedroor.: community" for Stockton, he would like to know it. It was suggested that ques- tions be included in the proposed special census which would reveal this information. The '-ity I°lanager presented the recommendation of LAKE STREET the Planning 1,ommission for the abandonment of AaiANDO%P.ENT Lake Street from Pacific Avenue to Holly Drive. DEFERRED Mr. Weller recommended that this action be de- ferred until more information was available rela- tive to the development of this area. The recom- mendation was accepted. The minutes of the City Planning Commission for the meeting of May 11, 1953 were read by the City Manager. ORDINANCE NO. 487, "AN ORDINANCE REGULATING THE ERECTION, CONSTRUCTION, ENLARGENMENT, ALTERATION, REPAIR, MOVING, REAOVAL, CONVERSION, D&MOLITION, ORD. N0.487 OCCUPANCY, EQUIFNIENT, USE HEIGHT, AREA AND MAINT- ADOPTED TENANCE OF BUILDINGS OR STRUCTURES IN THE CITY OF LODI, CALIFORNIA, PROVIDING FOR THE ISSUANCE UNIFORIv1 OF PERMITS AND COLLECTION OF FEES THEREFOR; BUILDING PROVIDING PENALTIES FOR THE VIOLATION THEREOF CODE AND REPEALING ORDINANCE NO. 346 AND ALL OT'H'ER ORDINANCES IN CONFLICT HEREWITH IN SO FAR AS SUCH CONFLICT MAY EXIST", having been introduced at the regular meeting of May 6, 1953, was brought up for passage on the motion of Council- man haskell, Rinn second. Second reading was omitted by unanimous consent after reading by title, and was then passed, adopted and ordered to print by the following vote: AYES: Councilmen - Haskell, Preszler, Rinn and hichey NOES: Councilmen - None ABSENT: Councilmen - Robinson Mayor nichey then signed Jrdinance No. 487 in approval thereof. ORDINANCE NO. 488, "REGULATING THE INSTALLATION, OPERATION AND MAINTENANCE OF ELECTRIC WIRING AND ORD. NO.488 ELECTRICALLY OPERATED APPLIANCES TO BE CONNECTED ADOPTED THERETO BY ADOPTING A CODE THEREFOR, REPEALING ORDINANCE NO. 395 AND ALL OTHER ORDINANCES IN UNIFORM CONFLICT HEREWITH IN SO FAR AS SUCH CONFLICT ELECTRICAL MAY EIIST", having been introduced at the regular CODE meeting of Play 6, 1953, was brought up for passage on the motion of Councilman Haskell, Rinn second. Second reading was omitted by unanimous consent, after reading by title, and was then passed; adopted and ordered to print by the following vote: AYES: Councilmen - Haskell, Preszler, Rinn and Richey NOES: Councilmen - None ABSENT: Councilmen - Robinson Mayor Richey then signed Ordinance No. 488 in approval thereof. Claims in the amount of 425,734.71 were approved CLAIr13 and ordered paid on the motion of Councilman Freszler. Rinn second. -&',0 1,linutes of May 20, 1953 continued The request from Lhe Sani�.ary City Scavenfier Company for an increase in the domestic garbage rates, submitted to the City Council at the April 15 meeting, was again brought up for discussion.. In an analysis of operations submitted by 'eonard Cain, accountant for the Company, profits from operations indicated a steady decline over the past five-year period. The decrease in profits _ resulted principally from the loss of revenues from paper salvage and cannery hauls. The Cain GARBAGE report and critical analysis of that report pre - RATES pared by the City Manager were furnished the members INCREASED of the City Council for study and discussion prior to this meeting. In a letter dated Play 19, 1953 t�ir. Cain stated that the Company expects to be .8,750.00 short of realizing what it considers justifiable earnings for the current year's operations. i°ir. Cain's statement indicated a loss of a5,657.44 in the domestic service during 1952, while the over-all net profit for that year was .11,755.00. It was Mr. Cain's contention that only the profits derived from the domestic and commercial services should be taken into account in reviewing the request for an increase in rate$, and that cannery income should be excluded, since the income from this operation is uncertain and is not protected by City ordinance. Councilman Rinn stated that he would be interested in establish- ing a formula which would take into account the costs of operation, including such items as equip- ment, labor, maintenance and repair, etc., then consider the investment of the partners and award a reasonable return on the investment. Mr. Cain replied that a formula was meaningless if based upon hypothetical figures; instead, his statement was based upon actual figures derived from the experience of operation. In pointing out that Yr. Cain wanted the Council to only consider the income from the domestic and commercial service, Mr. Weller called attention to the fact that the Council had not as yet determined that income from the cannery operation should not be considered. Councilman Haskell stated that he felt there was a justifica- tion for some increase since the present w-50 rate had 'been in effect longer than anyone present could remember, and particularly in view of the fact that the City Council has the responsibility of providing service to the community at a level that is irl keeping with the proper -standards of health ORD. NO.490 and safety, He then moved the introduction of INTRODUCED Ordinance No. 490 to'amend Ordinance No. 383, pro- viding for an increase in the domestic service from the present 4.50 rate to 4.65, providing that the rates on commercial service and special hauls remain unchanged, that the present rate of 4.40 for the second can shall remain unchanged, and pro- viding that the new rate shall take effect on all bills prepared on and after the effective day of the ordinance. In seconding the motion, Council- man Rinn stated that he wanted it understood that this action would not open the door to further requests for rate increases in the next year or in the near future. Mr. Cain replied that he could not predict the future, but he assured the council that the Company was only interested in making a living. Councilman Preszler stated that lie felt that an increase of 30% was too much. He suggested an increase of 20% as being more reason- able. The motion was then passed by the following vote: 22 :irutes of IMay 20, 1953 continued. AYES: Councilmen - Haskell, Rinn and Richey NOES: Councilmen - Preszler ABSENT: Councilmen - Robinson Although the income from the cannery 'mauls was not considered in settling the above rate, a decision regarding its permanent exclusion was not reached. The suggestion of Councilman Rinn that the financial statement of the Company be reviewed annually met with general agreement. City Attorney Mullen suggested to the Council that the present policy regarding the construction and financing of extra width streets be revised. he explained that it was his understanding that, when Elm Street was opened through the Handel and Fairmont Tracts, the City purchased the extra EXTRA land from the subdivider and also paid for the WIDTH extra paving over and above standard 50 -foot STREaTS width. He felt that it would be unnecessary to purchase land from the subdivider because the subdivider should be willing to dedicate the necessary land on the subdivision map. Since some doubt existed as to just what the policy is at present, the matter was set over until the City Manager is able to determine the present Council policy regarding the extra width streets. The City Attorney reported that he had been con- tacted by St. Anne's Ohurch regarding the con- ditions specified by the City Council -at its meet- ing of April 15, 1953, relative to the recording of Resolution No. 1740, ordering vacation of the RES. ;'1740 alley lying between Lots 2 and 3 o- Block 6, ORDERED City of Lodi. The officials of the church in - RECORDED formed Mr. Mullen that the school property was used for off-street parking during church services and they wished to maintain the driveway at the opening of the abandoned alley for access to the parking space. On the motion of Councilman has - :cell, Rinn second, the Council voted to instruct. the City Clerk to record Resolution No. 1740. The City Manager presented a recommendation to ORD. NO.491 amend the present Salary Ordinance by abolishing INTRODUCED the position of 'Accountant" and establishing the position of "Assistant Finance Director" at the ANI&NDS following salary range: 4395-415-436-458-481. SALARY He explained that this was one 6f the steps neces- ORDINANCE sary in the reorganization of the Finance Depart- ment. The reorganization will include the combin- ing of the positions of Finance Director, Purchas- ing Agent and Accountant into the two positions of Finance Director and Assistant Finance Lirector. Ordinance No. 491, amending Ordinance No. 465, was introduced on the motion of Councilman Has- kell, Rinn second. The Council then voted to approve, and authorize COP CONTRACT the Mayor to sign, a contract between the City of FOR STADIUM Lodi and the College of Pacific for the use of Lodi APPROVED Stadium for the purpose of holding a football game during the 1953 season. .The meeting was adjourned on the motion of Council- man Haskell. ATTEST:`/� HENRY A. GLAVES, JR. City Clerk