HomeMy WebLinkAboutMinutes - July 2, 1952106
CITY CJUNOIL - VI11 uF LODI
COUNCIL CHAMBERS, CITY HALL
JULY 2, 1952
This regular meeting of the City Council of the City of Lodi
held beginning at 8:00 o'clock p.m. of Wednesday July 2 1952•
Councilmen Richey, Robinson, Preszler, Rinn and A-askell rMayorj
present; none absent.
Minutes of the previous meeting of June 25, 1952, were approved
as written, copies thereof having been mailed each councilman prior
to this meeting.
COMMUNICATIONS
The City Manager read a letter from George Ohm,
County Coordinator of Civil Defense, inviting Mayor
CIVIL DEFENSE Haskell and one representative from the City of Lodi
MEETING to a dinner meeting, July 9, at the California Hotel
to discuss the Civil Defense program in San Joaquin
County.
Letter from Reuben P. Rott, attorney for Margaret
Lancaster, 220 West Oak Street, presenting claim of
his client for damages from the City of Lodi for
CLAIM - injury sustained on May 10, 1952, on a defective
SIDEWALK sidewalk on the east side of School Street near
INJURY the corner of Oak Street. Damages claimed in the
amount of 42,500.00. On the motion of Councilman
Rinn, Preszler•second, the claim was filed and the
matter ordered to the attention of the City's
insurance carrier.
PUBLIC HEARINGS
At this time the Mayor declared the meeting open for
hearing on the matter relating to the proposed rezon-
ORD. 459 ing of the Bockenheim property at the corner of Lee
REZONING LOT Street and Lodi Avenue. No objections were presented.
IN BLOCK 12 Ordinance No. 459, "AMENDING THE ZONE DISTRICT MAP
HUTCHINS ADD. OF THE CITY OF LODI AND THEREBY REZONING AND RECLAS-
SIFYING CERTAIN PROPERTIES IN BLOCK 12, HUTCHINS
ADDITION, TO BE IN THE COMMERCIAL DISTRICT ZONE",
was introduced by unanimous vote.
Mayor Haskell then introduced the subject of the open-
ing of Chestnut and Crescent Streets by reviewing
the actions taken by the City Council up to this
announced hearing. He concluded his remarks by stat-
ing that ig was his belief that the matter should be
returned to the Planning Commission for further con-
sideration; however, the Council welcomed the views
and expressions of those present. He then opened
the meeting to public hearing. Mr. Peter Torpegaard
addressed the Council and protested the proposed site
for Chestnut Street, saying that he favored the
original paln locating the center line of the street
CHESTNUT-
approximately 25 feet north of its present location.
CRESCENT
He pointed out that the present plan will necessitate
STREET
the moving of his dweling. Mr. Robert Litts,
OPENING
attorney representing W. H. Franklin, spoke on be=-
half of the present plans. C. D. Posey protested
that the original signers of the petition requesting
the extension of Chestnut Street had not been con-
sulted on the matter of the change of location for
the street and sug^_ested that the charge of location
was just a move to delay the proceedings. Mayor
Haskell explained that the City was not interested
in the matter of the street opening as a matter of
public necessity, but was willing to act in accor-
dance with the best interests of the people concerned.
(Council minutes of July 2, 1952 continued)
107
Therefore the people affected by the street opening
should get together and present a plan which would be
generally acceptable. Councilman Rinn stated that the
Council was interested to the extent that the proposed
street be located in a reasonable relation with that
part of the street which exists at the present time,
that the costs of the project be borne by those people
directly benefited; and that the width of the pave-
ment should be at least 40 feet with a right of way
of 50 feet. :sir. Sidney W. Hllison protested the ex-
tension of Crescent Street, stating that such ex-
tension would cause his home to be moved and that a
great deal of expense would be involved in the moving
of the well and pipes. Councilman Rinn then roved
that the matter be referred to the City Planning Com-
mission again with the request that a hearing be
held before the Commission giving the interested
parties an opportunity to express themselves, and
that a memorandum containing the information received
at the hearing before the Council be sent to the
Commission. The motion was seconded by Councilman
Preszler and passed.
REPORTS OF THE CITY MANAGER
The City Manager reported that the bids received for
A`4ARD LEGAL the publication of the legal advertising for the
ADVERTISING coming fiscal year indicated that the bid of the Lodi
FOR YEAR )Yews -Sentinel was the lowest and best bid. On motion
1952-53 of Councilman-Rinn, Richey second, Resolution No.
1658, awarding the contract to the mews --Sentinel,
was adopted.
Mr. Weller then reported that he had consulted the
City Engineer, as requested at the June 25 meeting,
regarding the proposed statement of policy designed
to clarify the responsibility of the subdivider for
the improvement of streets abutting his subdivision.
After a minor change in wording, the City Engineer
expressed his concurrance in the proposed statement.
Councilman Robinson moved that policy statement be
adopted as read, and that the complete statement be
entered in the minutes. With a second by Councilman
Preszler, the motion was adopted. The complete state-
ment of policy is as follows:
POLICY
CLARIFICATION As an extension of present City policy, the City
RE: STREET Council determines: Where a subdivision or a
IMPROVEMENTS similar development is contemplated in an area
BY SUBDIVIDERS abutting on a proposed street outside and immedi-
ately adjacent to the proposed subdivision or
development, the subdivider or developer shall
be required to finance as the City Council may
direct the curb and gutter, paving, storm drains
and catch basins in the one-half of said proposed
street closer to his subdivision or development.
The other one-half of such proposed street shall
be assessed against properties abutting on the
other side, whether the same constitutes an
existng subdivision, admitted and developed
prior to the adoption of this policy, or land
and improvements developed otherwise than by sub-
division. If, in the opinion of the City Council,
the said abutting properties are not capable of
development or not anticipated to be developed
within a reasonable time, the City shall advance
the agreed cost of one-half the expense of develop-
ing said street, and such advance shall thereupon
become a lien against said abutting properties,
on the basis of front footage, as the same are
developed.
J-08 (minutes of July 2, 1952 continued)
Where a subdivision, or similar development is
contemplated in an area abutting on an existing
street surfaced to a standard inferior to the
then -existing City requirements, said subdivider
or developer shall be required to pay one-half
the cost of raising said street to proper stan-
dards and shall otherwise meet the requirements
as set forth above. If any such existng street
is contained wholly or partly within a proposed
subdivision or development, said subdivider or
developer shall pay all costs or an appropriate
proportion of costs if said street is partly
within the area of proposed development, required
for the raising of said street to required stan-
dards, and shall otherwise meet the requirements
as set forth above.
In the event that the property abutting the other
side of an inferior street is an existing sub-
division or similar development developed in
conformity with City policies and requirements
existing at the time of acceptance of said
existing subdivision or development, the City
shall accept responsibility for raising that
part of the inferior street otherwise chargeable
to the abutting properties comprising the ex-
isting subdivision or development to required
standards. It is the intent of this policy
that subdividers or developers, having at the
time of subdivision or development accepted and
carried out then -existing City subdivision re-
quirements, will not be required to bear the
cost of higher standards subsequently adopted by
the City.
SUGGEST: Mayor Haskell suggested that the City Manager write
CITY COUNCIL a letter to the County Board of Supervisors suggest -
MEET WITH ing a meeting between the Board of Supervisors and
COUNTY SUPER- the City Council for the purpose of reaching an
VISORS RE: agreement for the improvement of those streets which
IMPROVING are in both City and County territory, notably, Ham
STREETS Lane and Hutchins Street.
Mr. Weller explained that the City Engineer has ex-
perienced difficulty in applying the present policy
relating to the installation of storm drains in new
subdivisions. Present policy calls for the sub-
divider to install storm drains where it is deemed
necessary by t'he City. However, the situation arises
where land in one subdivision does not require storm
drains, but the run-off from the land contributes
to the drainage problem in an adjoining subdivision.
In this case the first subdivider experiences no
costs while the second subdivider must stand the
costs for draining his own land plus the additional
POLICY RE:
costs of removing water from the adjoining property.
STORM DRAINS
Mr. Weller suggested that a flat acreage storm drain
IN SUBDIVI-
fee be charged each subdivider prior to the acceptance
SIONS
of the subdivision map. Such a feet/ would not be
designed to increase the cost to the subdivider, but
to ease the computation of costs by the City Engineer
and to spread the costs to include all lands which
contribute to the drainage problem. he further stated
that the policy is not clear as to just where the
subdivider's responsibility for storm drains ends and
where the City's responsibillty begins. To the ques-
tion by Mayor Haskell as to the size of the fee, Mr.
Weller stated that no specific amount had been arrived
at yet. Fir. Haskell stated that he preferred to
postpone action on the matter until a realistic figure
could be suggested. Councilman Rinn suggested that
the City yianager prepare a memorandum to the Council
which would include a specific recommendation.
(Minutes of July 2, 1952, continued)
los
The City Manager reported that a resident on South
Hutchins Street wished to install a curb and gutter
in front of his residence which lies between Tamarack
and Kettleman Lane. The City Engineer has asked the
City Council for a determination of the width of
Sout:^. Hutchins Street in itis area in order that he
teay properly advise the resident on the curb location.
The problem arises in that certain curbs presently
in existence in the area limit the street width to
48 feet; however, the City Planning Commission has
recommended a 56 foot wide street for the entire
length of Hutchins Street from Lodi Avenue to Kettle -
man Lane. If the 56 foot width is maintained, the
expense of moving the existing curbs back to the
proper line must be considered. If it is now deter-
mined that a 48 foot width from Tamarack to Kettleman
Lane will be sufficient, the new axrb and gutter can
be constructed in line with those in existence. Mr.
HOLD OVER Weller stated that it was his opinion, and that of the
DETERIKINATION City Engineer, that a 48 foot width at this part of
OF WIDTH OF Hutchins Street would be sufficient and that the 8 feet
SOUTH HUTCHINS thus lost would not affect the traffic enough to jus -
STREET tify the expense of moving the existing curbs and
gutters. Mayor Haskell expressed his agreement with
the views of the City Manager and the City Engineer,
particularly pointing out that the additional 8 feet
does not increase the number of lanes for traffic.
Councilman Robinson expressed the opinion that in so
far as there was a possibility for commercial devel-
opment at the intersection of South Hutchins and
Kettleman Lane, the Council Ehould maintain the 56
foot width. Mr. Robinson then moved that the Council
adopt at 56 foot width, in travel way, for South
Hutchins Street from Lodi Avenue to Kettleman Lane.
The motion was seconded by Councilman Preszler.
Councilman Rinn recalled that the question of the
width of Hutchins Street had been considered on a
previous occasion and that he would like to review
the material that had been brought before the Council
at that time. Upon the withdrawal of the motion by
Robinson and the second by Preszler, Rinn moved the
matter be carried over until the next meeting at
which time a sketch, showing the two proposed street
widths, prepared by the City Engineer, could be con-
sidered. The motion was seconded by Councilman
Robinson and passed.
The City Manager requested that he be granted a two
VACATION weeks vacation to begin sometime after the July 16
GRANTED meeting of the Council. There being no objection,
CITY MANAGER the request was granted.
Mayor Haskell proposed and then appointed Councilman
FURNISHING Richey as a committee of one to confer with the City
COUNCIL Manager and develop plans for the installation of
CHAMBER drapes in the City Council Chamber. He further
suggested that the City Manager install additional
rows of seats in order to bring the audience closer
to the Council table.
On the motion of Councilman Rinn, the meeting was
declared adjourned at 10:30 o'clock p.m.
Atte
4 A. GLAVES
City Jerk