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HomeMy WebLinkAboutMinutes - September 17, 1952CITY COUNCIL - CITY OF LODI COUNCIL CHAMBERS, CITY HALL SEPTEMBER 17, 1952 This regular meeting of the City Council of the City of Lodi held beginning at 800 o'clock p.m. on Wednesday, Septem- ber 17, 1952; Councilmen Preszler, Richey, Rinn, Robinson and Haskell (Mayor) present; none absent. The minutes of the previous meeting, September 3, 1952, were approved as written and mailed. As the first order of business Mayor Haskell ex- plained that the members of the City Council had RES. NO. 1699 given due consideration to the appointment of a APPOINTING city attorney to fill the vacancy created by the CITY ATTORNEY resignation of Glenn West. He stated that each member of the Council had been individually polled and that Robert H. Mullen had been the choice. On the motion of Councilman Robinson, Resolution No. 1699 appointing Mr. Mullen to the position of City Attorney was adopted by a unanimous vote. Councilman Rinn then moved that the salary for the City Attorney be fixed at 4200.00 a month and CITY ATTORNEY that such salary be subject to modification upwards SALARY FIXED or downwards from time to time at the pleasure of the City Council. The motion was adopted. After taking the oath of office Mr. Mullen thanked the Council for the confidence placed in him and stated that he would endeavor to maintain the of -lice on the high plane achieved by his predecessor, Glenn West. PUBLIC HEARINGS Mr. Howard Bissell, consultant to the Lodi City Planning Commission, addressed the Council on the REVISED subject of the proposed zoning ordinance which is ZONING intended to supersede Ordinance No. 238. Mr. ORDINANCE Bissell discussed the proposed ordinance and an - SUBMITTED swered the questions of the members of the Council. On the motion of -Councilman Rinn, Robinson second, a public hearing on the proposed ordinance was set for November 5, 1952. Mr. Reuben Rott, Walter Hogan and Lewis Hieb, directors of the North San Joaquin Conservation District, appeared before the Council. Acting as spokesman, Mr. Rott reported the progress of the NORTH S.J.C. Conservation District and explained the plan for CONSERVATION diverting the flow of the Mokelumne River which DISTRICT has been submitted to the State Engineers Depart - REPORT ment and for which a hearing has been set. Mr. Rott explained that it.was the feeling of the di- rectors of the District that a report should be made to the City Council. He stated further that Mr. Russell Simpson had been retained as consultant to aid in the presentation of the case at the hearing. COMMUNICATIONS A letter from Mr. Edgar Pietzke requesting muni- cipal water service to his property which lies outside of.the limits of the City. His request REQUEST was for water for domestic use only. The City FOR Manager explained that the neighbors on both sides WATER of Mr. Pietzke had City water at the present time. SERVICE The City Attorney remined the Council of the pol- icy regarding extension of City utility services to users outside the City limits. Councilman Rinn recommended that the matter be checked to determine the circumstances under which water service was extended to the neighbors of Mr. Pietzke. It was agreed that the matter be tabled until such infor- Minutes of Sept. 17, 1952, continued 12.5 REPORTS OF THE CITY MANAGER A report from the sub -committee of the Citizen's Traffic Safety Study Committee relating to a study CITIZENS of and report on restricted time zones in the down - TRAFFIC town area were read to the members of the Council. CON1:ITTEE Mayor Haskell asked that copies of the report be REPORT prepared for distribution to each councilman and other -interested individuals. The City Manager reported that the committee appointed at the meeting of September 3 for the purpose of HALL OF making the necessary modifications to the archi- JUSTICE tects' contract for the proposed Hall of Justice had met and completed its work. Further, the modi- fications had been presented to the architects and that a contract, in final form, had been sub- mitted for the City's consideration. In the matter of the bids for fire hose deferred from the September 3 meeting, the City Manager reported that he had investigated the matter and FIRE HOSE was satisfied that the bid from the American Rub - AWARDED ber Company was a fair bid and he recommended that RES. N0.1698 " the contract for 2800 feet of "Cracker -jack" brand hose be awarded to said company. On the motion of Oouncilman Rinn, the Council adopted Resolu- tion No. 1698 awarding contract to the American Rubber Company. An announcement of a meeting of the Central CVD,LCC Valley Division of the League of California MEETING Cities at the Tracy Inn in Tracy was read. Councilmen Robinson and Rinn indicated that they would probably attend. The City Manager read an invitation from the Mayor SAN DIEGO of San Diego to the League of California Cities INVITATION Annual Conference in Sar, Diego beginning October 12, 1952. A letter from Terrell C. Drinkwater, President of AMA the Los Angeles Chamber of Commerce, inviting the CONVENTION City officials to the annual convention of the IN L.A. American Municipal Association to be held December 1,2,3, 1952, in Los Angeles. LETTER FROM A letter from Mrs. W. H. Thompson expressing appre- MRS. W. H. ciation to the City Council for making possible the THOMPSON dedication of the W. H. Thompson Romm at the Lodi Library. The City Manager submitted a request from Mr. Walter Schmidt of 525 E. Walnut Street for permission to encroach upon the easements on the north and east side of his lot on the northeast corner of Hutchins Street and Kettleman Lane. There is a 10 foot ease - REQUEST FOR ment on the north end of the lot and a 12 foot ease - EASEMENT ment on the east end. Mr. Schmidt wishes to build ENCROACHMENT a super market as close to the northeast corner of the lot as possible in order to allow for off-street parking in front of the building. The "ity Engineer states that there are no utilities in the north easement and none are planned. Therefore he recom- mends that the building be permitted 4 feet from the property line conforming with the zoning require- ments. He further recommended that Mr. Schmidt be allowed to build no closer than 5 feet to the east easement. On the motion of Councilman Robinson, the recommendations of the City Engineer were adopted. REPORTS OF THE CITY MANAGER A report from the sub -committee of the Citizen's Traffic Safety Study Committee relating to a study CITIZENS of and report on restricted time zones in the down - TRAFFIC town area were read to the members of the Council. CON1:ITTEE Mayor Haskell asked that copies of the report be REPORT prepared for distribution to each councilman and other -interested individuals. The City Manager reported that the committee appointed at the meeting of September 3 for the purpose of HALL OF making the necessary modifications to the archi- JUSTICE tects' contract for the proposed Hall of Justice had met and completed its work. Further, the modi- fications had been presented to the architects and that a contract, in final form, had been sub- mitted for the City's consideration. In the matter of the bids for fire hose deferred from the September 3 meeting, the City Manager reported that he had investigated the matter and FIRE HOSE was satisfied that the bid from the American Rub - AWARDED ber Company was a fair bid and he recommended that RES. N0.1698 " the contract for 2800 feet of "Cracker -jack" brand hose be awarded to said company. On the motion of Oouncilman Rinn, the Council adopted Resolu- tion No. 1698 awarding contract to the American Rubber Company. 1-26 Minutes of Sept. 17, 1952, continued. The City Manager reported that the Recreation Director had sent a letter to E. L. Powell of the State Department of Parks and Beaches in accor- dance with the Council's directions. A reply was received confirming the offer as understood by the Council. councilman Rinn moved, Preszler STATE CONFIRMS second, that a letter be written to the State OFFER FOR Department of Parks and Beaches expressing the LAKE PARK sincere interest of the City in the State's offer to acquire Lodi Lake Park, requesting the State to make an appraisal of the present facilities, making known to the City the amount of the appraisal and the amount of land to be acquired on a match- ing basis, and requesting the State to inform the Council as to the amount of time it will have to reach its decision. The motion passed unani- mously. 6earses�mers-gebinsers-aaggeated-fast-the-6ot�nei� nsig�st--revise-tine-eeatreeta-xisick-the-S#ty-helrl3 69i��ilis6�S xitis-�te3ias-Sxisa-6eiorsy-re.gard�rse dile-farniais- W�iH-Wi?iaR': ing-ef-man4eipal-at#pity-aervieesz--6eane#mars �8-$E . R.Tars-speice-ia-ag�eensest;-adding-tisat-the-6earsei� REVIEWED- aisealel-reviex-tke-arrarsgenseats-xitis-t�se-Winery isq-ender-te-eleternsirse-the-peeit#en-a€-tise-6ity at-the-present-time:--It-was-agreed-that-this 3t ep- s heald-be-tr ak ens . The City NIanager recommended specifications for AUDIT an audit of the City's accounts. The specifica- SPECIFICATIONS tions were adopted on the motion of Councilman Richey, Preszler second. Specifications for a carry -all vehicle to be used CARRY -ALL by the Engineering Department's survey crew were SPECIFICATIONS submitted. On the motion of Councilman Rinn, Richey second, the specifications were approved as submitted. The City Manager announced the appointment of Fred- erick R. Hunt as the Chief of Police following POLICE CHIEF his unanimous selection by a three man oral board. APPOINTED The Gity Manager stated that Mr. Hunt was also the choice of the Mayor and himself while they witnessed the interviews of applicants. The City Manager reminded the members of the Coun- cil that he would be absent from the City while CITY MANAGER attending the.convention of the International City TO ATTEND Managers Association during the week of September I.C.M.A. 26 -'October 3. Mr. Weller recommended that the CONVENTION City Engineer be designated the Acting City Mana- ger during this absence. This recosrmendation was approved on the motion of Councilman Rinn, Richey second. Councilman Robinson stated that it was his under- standing that the new Chief of Police would con- duct a training program for Lodi police officers POLICE in order to provide the necessary trained adminis= TRAINING trative personnel. Mayor Haskell replied that that was the general understanding of the Council and that he felt that the City Manager would respect the wishes of the Council in this matter. Claims in the amount of $36,754.27 were approved CLAIMS on the motion of Councilman Preszler, Robinson second. Specifications for the purchase of asbestos treated ASBESTOS PIPE concrete pipe were submitted. The specifications SPECIFICATIONS were approved and adopted on the motion of Coun- cilman Rinn, Richey second. Kinutes of September 17, 1952, continued. 127 CITY PLANNING COMMISSION RES. :40.1700 A recommendation from the City Planning Commis - CHANGES sion that the name of Seaton Avenue be changed NAME OF to South Main Street was approved by adoption SEATON AVE. of Resolution No. 1700 on the motion of Council- man Richey, Rinn second. The City Planning Commission recommended approval of a request on the part of Lodi Agriculture Sup - APPROVE USE pliers, Inc., for a use permit to erect and operate PERMIT FOR a plant for the manufacture by dry process of FERTILIZER plant foods. The plant is to be located on the PLANT west portion of Lot 68 of the Lodi Barnhart Tract. The use permit was granted on the motion of Councilman Robinson, second Preszler. On the motion of Councilman Richey Ordinance No. ORD. NO -466 466, "Declaring the Intention of the City Council INTRODUCED of the City of Lodi to Vacate that Fortion of Falls INT. TO Avenue Lying between Grant Avenue and Roper Ave - VACATE FALLS nue" was introduced after receiving the approval AVENUE of the City planning Commission. Public hearing was set for November 5, 1952• The Planning Commission returned the petition for annexation submitted by T. J. Hallinan with the recommendation that Lots 6, 7 and 18, Map of Law- rence Homestead Addition, be included. It also ANNEXATION recommended inclusion of all of Highway 99. The PETITION City Attorney stated that he did not believe the above lots belonging to Italian Swiss Colony Winery could be included in the annexation in the face of the protest from the Winery. He stated that the total assessed value of the Winery property would exceed 50% of the total assessed value of all the territory to be annexed. Two suggestions were offered. The first provided that the Halli- nan petition be accepted when its boundary des- cription received approval and that a separate petition be initiated for annexation of the Winery property. The second suggestion provided that the Council consider the petition submitted by Mr. Hallinan and at the same time consider annexation as recommended by the Planning Com- mission. In this case if the Winery protested, thus nullifying one petition, the Council could then consider the annexation of the Hallinan property alone. The legal aspects of the two proposals were discussed at length. After ascer- WINERY taining that the City Clerk would take the neces- INCLUSION sary steps to secure an approved boundary des - DISCUSSED cription for the Hallinan petition, Councilman Rinn moved that the City ;Manager and the City Attorney take the necessary steps to include the Vinery or provide proper petition for annexation of the Winery property. On the second of Council- man Robinson, the motion passed unanimously. Councilman Robinson suggested that the Council might revise the contracts which the City holds CONTRACTS with Italian Swiss Colony regarding the furnish - WITH WINERY ing of municipal utility services. Councilman TO BE Rinn spoke in agreement, adding that the Council REVIEWED should review the arrangements with the Winery -in order to determine the position of the City at the present time. It was agreed that this step should be taken. 128 Minutes of Sept. 17, 1952, continued. Mayor Haskell inquired if it were possible to CLEAR remove the concrete pipe which the City has stored SALE,' SCHOOL on the old Salem School grounds. He stated that its GROUNDS presence presented an unsightly condition. Mr. Weller stated that he would look into the matter and see what could be done. On the motion of Councilman Rinn the meeting was adjourned at 11:30 o'clock p.m. ATTE HE NR A. GLAVES, City Clerk The City Manager reported that the City Engineer has reported to him regarding the future widening of South Hutchins Street. The City Engineer has arranged with two of the property owners south of Vine Street for a grant of the necessary 10 feet of right-of-way provided the City will con- HUTCHINS ST. struct curb, gutter and sidewalk along the west WIDENING line of their property'at pity expense. Presumably this same type of arrangement can be worked out with a third property owner on the corner of Vine and Hutchins Streets. The City Engineer estimated the costs of constructing the 220 feet of curb, gutter and sidewalk would be approximately 4650. Tree removal would be about 4175 and street surfacing would run about $200. Councilman Pres- zler moved, Robinson second, that the City Engineer be authorized to proceed with the negotiations under the stated conditions. The motion passed. On the motion of Councilman Robinson, Preszler second, the Council adopted Resolution No. 1696, RES. NO.1696 authorizing the Board of Supervisors of San Joa- AUTHORIZING quin County or the County Clerk to canvass the CANVASS OF dote cast in the special election of the City to VOTES be consolidated with the General Election on Nov- ember 4, 1952. Said resolution also authorized reimbursement for the expenses incurred by the County in connection with the election. Resolution No. 1697, fixing the tax rate to pro- vide revenue for the fiscal year 1952-53, was RES. NO.1697 adopted on the motion of Councilman Richey, Rinn FIXING seonc. The tax rate fixed provides for 41.00 TAX RATE per hundred assessed value with $ .$2 going to the General Fund --and $ .18 going to the Library Fund. On the motion of Councilman Rinn the meeting was adjourned at 11:30 o'clock p.m. ATTE HE NR A. GLAVES, City Clerk