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HomeMy WebLinkAboutMinutes - April 5, 19504?1 COU XIL .7HAM3?3S CIT7 COU'.CIL CITY HALL - CITY OF LOX -.=ii DAY, . APRIL 5 ,1950 Regular meeting of t e City Council, City of Lodi begin iIlg at 8:15 P.b:. of `iiednesday, April 5, 1950; Councilmen Buil, Hassell, Lytle, Tolliver and Rinn,(:.ayor) present, none absent. :.:inutes of the previous meetings of :,_arch 1st and Lkrch 15th severally approved as written and mailed. In the tatter of the opening of South Orange Avenue from Oak to Pine Street, in dispute between Louis Fugazi, Dino Barengo and Terry Salanon since December 30th,1949 as to the payment of the paving costs: i.'ayor Riau read from a letter from City !Sanger 71eller to the several Councilmen dated April 4, 1950, offering su>gestions as to the settlement of this dispute and also making - S32 TLEi,r"P:T a tentative policy statement to apply in similar instances where Or 0&;FG new subdivisions abut on presently subdivided property or on ;yMME partially improved streets. :.h Weller's suggestions offered two DI= JM alternate plans for payment of the amount in controversy, now estimated to be 4132.89; {1) that a special assessment district be formed, (2), that, in view of the fact that there is now no established policy applicable in this instance, that the City contribute the disputed amount in that the City had been to no expense in acquiring right of way and would incur no other expense in improvement of this portion of street. Councilman F.askell then :moved, in that the amount is too small to justify the involved proceedure and expense of special assessment proceedings and, that the new policy to be adopted, had to have a point of beginning, that the General 'mind stand the amount of $132.89 and that the policies stated in = Weller's letter above mentioned be a-pproved and adopted as effective from now on, such statement of policy to be set forth in full in the minutes of this meeting. Councilzan Tolliver seconded this motion and a vote being had, it carried by unanimous vote. i" The pclicy statement mentioned above, is as follows: i " As an extension of present City pclicy, the City Council determines: here.a subdivision or a similar development is contemplated in an area abutting on a proposed street outside and i-=ediately adjacent to the proposed subdivision or devel- opment, the subdivider or developer shall be required to finance the curb and gutter, paving and storm drain structures 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 POLICY against properties abutting on the other side, whether the S^LATELOM same constitutes an existing subdivision, admitted and devel- S=^ TS oped prior to the adoption of this policy, or land and improve- BORDUiMIG 0 ments developed otherwise than by subdivision. If, in the SU'BDI 51MiS, 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 s4all advance the agreed cost of one half the expense of developing said street, and such advance shall thereupon became a lien against said abutting properties, on the basis of front footage, as the same are developed. T..'here 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 standards and shall otherwise meet the requirements as set forth above. If any such existing street is contained wholly or partly within a proposed subdiv- ision 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 standards, and shall othercrise meet the requirements as set forth above. Every subdivider or developer shall furnish such evidence of ability to finance any such improvements as the City Council -------may-require 1., 7 422 (minutes of April 5, 1950 - continued - COU;CIL .HA'J3RR3 CITY CODUCIL CIT'. YALL - CITY OF LODI City Manager Weller then presented plans, specifications, finding of prevailing wage scale and contract documents prepared by the P. & S. FCR City Engineer for the widening of that part of Pleasant Avenue - VUDFNING _lying between the alley in Block 4, =kelumne and the south line PCRTICN Or- of West Elm Street. Councilman Haskell, Lytle second, then moved PLEASi'F ZZ. approval and adoption of these plahs, specifications and findings APPP_OVED BY by the passage of Resolution Ile. 1520. This resolution then passed AES. 1520. by the assenting votes of all members of the City Council. zt this time, proposals received by the City Clerk up to 10:00 A.M. City I.amager Yeller then presented bids and a tabulation thereof, received and opened Parch 31, 1950 for asphalt, crushed rock and equipment rental to be used in the balance of this fiscal year on city streets, suggesting thet the proposal of Claude C. Wood BUS LI,+A Company, on all items, be accepted. FR.yi;C?iIISE A representative of Asphalt Service Company of West Sacramento BIDS objected to the awarding of the contract for asphalt to Wood, atat- BIDS ON Ing that his company was low bidder on this item and was amply ROAD =TERIALS prepared to make delivery although their plant is some forty miles AIM from Lodi. EZJIPi:=v-T Councilman Bull advocated award to Wood on the grounds that RENTAL the work could better be performed through one contractor in that delays could be definitely placed on the party at fault, whereas, with two or more furnishers of material, one would blame delays or defective materials on the other. Councilman Lytle moved award for asphalt to Asphalt Service Company but his motion failed for want of a second. Councilman Bull, Tolliver second, then moved that award for RES..1518 asphalt and crushed rock be made to Claude C. Wood Company at the ADCPTLD prices stated in that company's bid, as the best acceptable bidder, by the adoption of Resolution of Award No. 1518, which resolution was then adopted without dissenting vote. In the matter of equipment rental, there were only two bids received, that of Louis Biasotti and Son and that of Claude C. RES.1519 Wood Company. It being manifest that the Wood Company bid was ADOPTED the lowest and best bid, Councilman Bull, Tolliver second, moved CITY CAB the adoption of Resolution of Award No. 1519 ai-mrding. this contract PT?U1IT to Claude C. Wood Company. Resolution adopted by unanimous vote. City Manager Weller then presented plans, specifications, finding of prevailing wage scale and contract documents prepared by the P. & S. FCR City Engineer for the widening of that part of Pleasant Avenue - VUDFNING _lying between the alley in Block 4, =kelumne and the south line PCRTICN Or- of West Elm Street. Councilman Haskell, Lytle second, then moved PLEASi'F ZZ. approval and adoption of these plahs, specifications and findings APPP_OVED BY by the passage of Resolution Ile. 1520. This resolution then passed AES. 1520. by the assenting votes of all members of the City Council. zt this time, proposals received by the City Clerk up to 10:00 A.M. of April 3, 1950 were presented and opened, viz: Herb Hellwig,237 Flora Street, Lodi bidding $5.00 for a franchise to operate bus lines within the City; Lehrer and Son, now of Ellensburg, Wash- ington, biding a similar amount for this franchise. Attorney BUS LI,+A Rclhort H. LLllen, representing Mehrer, made an oral statement of FR.yi;C?iIISE hehrer's experience in operating bus lines in E.lensburg and of BIDS his proposed operations in Lodi, stating that hbhrer would begin aEN,EM operations within thirty days if awarded the contract with two busses with a 1" fare, school children at 12 rides for $1.00. Herb Hellwig said that he proposed to -operate station wagons in lieu of busses but, if the Council so directed, would put on one or more busses. = hellwig was asked if he intended to follow fixed routes but evaded the question, saying that he would start from his terminal at fixed times. Layor Rizn then called for oral proposals for this franchise and none being offered, asked City Attorney West for his interpretation of the act under which similar franchises are to be let. while is :Test was reading the act and the notice calling for proposals, the Council proceeded to consider the next order of business; that of the application of H. E. P'ahaffey for transfer of his taxi cab business permit to --dward E. Dancer and C&cil Linder, filed with the City Clerk on April 4, 1950. City Manager Vde=ler read the application at length, stating that he had no o;pertunity to investigate the standing of either of F C?O M the proposed transferee's as to financial responsibility, moral TRQ.SFER character e: reputation, and would prefer that a proval be witheld CITY CAB to the next Council meeting to allow such investigation. Mshaffey PT?U1IT objected, stating that he was yell acquainted with both men; that his public liability and compensation insuraneq policies would expire at midnight of this day and that he knew that these men were financially able to carry on the business. 423 Llinutes of April 5, 1950 - continued - CCU'7CIL _-.w43B3S CITY COU77CIL CITY HALL - CITY OF LODI Council: an Tolliver favored delay so that the City ,,:anger could melee proper investigation. L:ayor.F.inn, in answer to a statement of Councilman Haskell, that applicants must be well aware of the j TRANSFER obligations to be incurred under the terms of the ordinance CITY CAB regulating taxi cab service and therefore be as responsible as P�LST bkhaffey, the proposed trensferror, stated that there is a well CC24TI6Ur"D defined public interest in this business different from ordinary licenses and permits, suggesting that the transfer be tentatively a proved, subject to investigation and report by the City 3:anager. CounciLan Haskell, Tolliver second, moved that this be the action of the City Council. Lbtion carried and the Council returned to consideration of the award of the bus line franchise. City Attorney ';lest then ruled that it was obligatory on the 1hyor Public hearings were then had and conducted in the following Your proceedings initiated Starch 15th, after production of legal evidence of publication and/ or posting of notice of such hearings: (1) Annexation of " Ralmar Tract ", notice of hearing published March 24 and 31, 1950. No objections offered and Councilman Bull, Lytle second moved the introduction of CRDINANCE NO. 411 " AN ORDINANCE APPROVING TFC A!M. :.►AT - ION OF " RALLAR ADDITION " TO THE CITY OF LODI, CAT IFORNIA Motion carried and Ordinance No. 411 ordered laid over to the date of the next Council meeting to be held after five days from this meeting. (2) :rezoning to Industrial District Zone of a portion of Lot 14, Live Oak Colony. Map 1 (portion E.M.Woock property). No protests received. Councilman Haskell, Tolliver second, moved approval of rezoning by adoption of Ordinance No.414, " At.E�IDING T -- ZONE DISTRICT MAP OF THE CITY OF LODI BY ALT gING THE ZONE BOUNDARY LINES DISPLAYED THEREON AND REZONING IIND RECLASSIFYING A PCRTION OF LOT 14, KAP E0.1, LIWOAK COLCUT TO BE IN TM II3DUSTRIAL DISTRICT ZW_ ". Ordinance, by this motion, ordered introduced and laid over for the statutory period of not less than five days. (3) Vacation of a public utility easement in Lot 13, Flora Street Tract as applied for by A. G. Hentschel. Due pub- lication and posting proven by affidavits. No objections received. Moved by Councilman Bull, Tolliver second that easement be vacated by adoption of Ordinance No. 413, " CRD' R VACATING TIM PUBLIC UTILITY F_4S 1T IN LOT 13, �• •- FLORA-S1L9_wrgi1,1TR1CT'". x`otion-carried, ordinance ordered -to stand -introduced and -taYd over fdr not less than five days. to call for oral bids in at least 104, of the highest amount bid in the sealed proposals. Attorney LUllen objected, stating that, as no oral bids had been received on the Mayor's call for the same, award should be made on merit. Mayor Rinn then called for oral bids from others than the taro sealed bidders; no response; he then called for oral bids from any bidder in 101% of the amount of the $5.00 bids received. No Z-AF.D MADE response. Ccuncilean Haskell then moved the acceptance of the OF BUS =Z proposal of LL-b.-er & Son as the best qualified and also, that MWCYZSE he considered that busses were better for this means of trans - TO LII•UM portation than station wag6 s. Councilman Bull seconded Mr & SCK. Haskells motion. Councilman Tolliver objected, stating that, in view of the Council's experience with Mahaffey, busses could not be satisfactorily operated at a profit. The question was debated for some time when Councilman Haskell called for the question to be put and on a vote being had, the franchise was struck off, sold and awarded to Whrer & son for the sdm of $5.CC, the ordinance granting the franchise to be submitted to the City Council at its next meeting. Councilmen Haskell, Bull and Rinn voting for the motion and Councilmen Tolliver and Lytle voting " NO ". Public hearings were then had and conducted in the following Your proceedings initiated Starch 15th, after production of legal evidence of publication and/ or posting of notice of such hearings: (1) Annexation of " Ralmar Tract ", notice of hearing published March 24 and 31, 1950. No objections offered and Councilman Bull, Lytle second moved the introduction of CRDINANCE NO. 411 " AN ORDINANCE APPROVING TFC A!M. :.►AT - ION OF " RALLAR ADDITION " TO THE CITY OF LODI, CAT IFORNIA Motion carried and Ordinance No. 411 ordered laid over to the date of the next Council meeting to be held after five days from this meeting. (2) :rezoning to Industrial District Zone of a portion of Lot 14, Live Oak Colony. Map 1 (portion E.M.Woock property). No protests received. Councilman Haskell, Tolliver second, moved approval of rezoning by adoption of Ordinance No.414, " At.E�IDING T -- ZONE DISTRICT MAP OF THE CITY OF LODI BY ALT gING THE ZONE BOUNDARY LINES DISPLAYED THEREON AND REZONING IIND RECLASSIFYING A PCRTION OF LOT 14, KAP E0.1, LIWOAK COLCUT TO BE IN TM II3DUSTRIAL DISTRICT ZW_ ". Ordinance, by this motion, ordered introduced and laid over for the statutory period of not less than five days. (3) Vacation of a public utility easement in Lot 13, Flora Street Tract as applied for by A. G. Hentschel. Due pub- lication and posting proven by affidavits. No objections received. Moved by Councilman Bull, Tolliver second that easement be vacated by adoption of Ordinance No. 413, " CRD' R VACATING TIM PUBLIC UTILITY F_4S 1T IN LOT 13, �• •- FLORA-S1L9_wrgi1,1TR1CT'". x`otion-carried, ordinance ordered -to stand -introduced and -taYd over fdr not less than five days. 424 (Minutes of April 5, 1950 - continued-) COU ICIL CHA'AB33S CIT': COUICIL CITY HALL - CITY OF LODI (4) Vacation of the public alley in Block 4, Burr's Subdivision of Lot 2 - Publication by printing and posting proven by VACATIM affidavit. No evidence either for or against abandoning this OF ALLs"Y alley submitted at this hearing. Loved by Councilman Tolliver, IN BURR'S Bull second, and carried that this alley be vacated by the ADDITIM adoption of Ordinance No. 412 " AY ORDER D=CTIPG Ti'.' VACATION BLOCK 2. OF Tho. PUBLIC ALL T IN BLCCK 4 OF " BURR'S SUBDIVISION OF LOT ORDINANCE 2 OF BUR..R'S ADDITICN TO LCDI" Ordinance ordered to stand 412 INTRODUCED as introduced until the next meeting of the City Council. At this time, Councilman Lytle, Bull second, moved the adoption and passage of Ordinance No. 409, introduced Larch 15, 1950. ORDINANCE ORDTi',.;NO3- NO. 409 - " A_'PROVING ^tE AI.N=,.TION OF " HORTCt: ZOIT- P O. 409 ICN " TO T:�- CITY OF LODI, CALIFORt:IA. " was then passed, adopted iDCPTED and ordered to print, second reading, after reading by title, (HCRTCN ADI14) omitted by unanimous consent, by the following vote: AY,S: Councilmen, Lytle, Bull, Haskell, Tolliver and Rinn. NC':;5: Councilmen, None. ABS`-- :T: Councilmen, None. Layor Sinn then a_proved and signed Ordinance No. 409. 0-71DINANICE h0. 410, " _+.2-2;DIl'IG -J ZG-i- DISTRICT WAP OF T~E CITY OF LCDI BY ADDING TI -.ATO " O ,*.'T AVnIM ADDITICK " " 1:. F. rRS ADDITIQv NO. 1 ", " CCR:NTH ADDITION " , AND FAIRLIaIT 0-RDI1,ANCZ PAI3 ADDITICti .. ; U ITI'dLT ZORING SAID ADDITIONS; 24-v; REZONING V0. 410 A PARC3, OF LAND X TIM SWM-r9CORttER OF LCCMORD STR Rr AaD ADO-= CALIFOENIA ST=--- TO BE IN T- C=ZRCI.AL DISTRICT ZOM " having been regularly introduced on !.arch 15, 1950 was brought up for passage on motion o. Councilman Bull, Tolliver second, second reading, after reading by title,cmitted by unanimous consent and then passed, adopted and ordered to print by the following vote: CourciL en, Bull, Tolliver, Haskell, .Lytle and Rinn. NOS: Councilmen, None. ABSBNT: Councilmen, None. Mayor Rina then signed Ordinance No. 410 in approval thereof. Claims aggregating 546,091.48 as approved by the City Manager were CL:Jlm allowed snd ordered paid on motion of Councilman Buil, Tolliver second. City :.arager Heller reported on the application of Pacific Gas and nectric Company for a modification of the judgement obtained L:ODIFICATICN in 1938 by the City of Lodi so as to permit that Company to 'OF P. G. do E. increase its water storage on the upper reaches of the Vokelumne JUDGEEMIT River. This application has been approved by Northern San Joaquin AI•FROVED. dater Conservation District, that District's Engineer, L?r Walter B. Hogan, having carefully considered its effect on percolating eaters in the lower portions of the Mokelumne area, finding that the effects of increased mountain storage would be beneficial. On the recormendation of the City Langer, Mayor Rd= was author- ived to stipulate to a modification of the decree allowing this increased water storage, subject to a?proval of the City Attorney. ti ?;eller reco.-=ended an adjustment of the City's charges for B.;ISE BAIL use of the base ball diamond in Lawrence Park; suggesting that CHARGES $2.50 be charged for day -time games and $15.00 for night games, LA11F..3VCP both charges to include electricity used, and that the admission PAW tax be reduced to 5y+ per person. On motion of Councilman Bull, Haskell second, rates approved, the same to apply only to local amatuer and semi-professional games. No objections were raised to the transfer of the on sale liquor "27 CLUB" license of the " 27 Club ", 27 North Sacramento Street to Thomas J. Collins and David 1. Piazza. United Veterans' Association were allowed to conduct waste paper ITNITED VETS drives in the City subject to filing a notice of the date of each $Al,gM drive with the City tanager and conducting these drives in accord- COLITGCTIX3 azee with such regulations as he might require. (minutes of April 5, 1950 -continued-) 425 COU .IL CHA'8KRS CITY COU-ICIL CITY HALL - CITY OF LODI The position of '• Persa_nel Clerk " in the classified service of PIPSC:1;M- the City was reestablished at a monthly salary of $25.00 on CLERK notion of Councilman Haskell, Lytle second. City Manager reco=- POSITIM ended this action on account of the increasing volumene of work REESTA3i.ISH stating that he contemplated a, -,pointing Beatrice Garibaldi, who has been performing these duties since the resignation of W. F. S:eeske. MAY HOUL Transfer of the rooming house license or the Tokay Hotel, 1151, LIC: -VSE Last Pine Street, issued under ordinance No. 277, to Lh"s Ed TR.'Z%SF::R Colder was a. -.proved on the certificate of the Chief of Police " FAIM.MI'T teat the transferee was of good record. PARK " A:,proval of an agreement with the Division of Highways for ACCL-IMLATIM accumulation of gasoline taxes to accrue in the fiscal year 1950-51 CAS 1950-51 was had by the adoption of Resolution No. 1517, TAX, introduced by Councilmen Haskell, Bull second. Mayor Rina then signed the agreement in triplicate. A letter from Lodi District Cha-ber of CoLmerce asking for a AF.'ORY modification of the Council's rule that only bona -fide residents b3:B=!1 rUP of the City be appointed to the Citizens Advisory Co_"mittee to CITIZ3tT '.S a -ply in the case of Wallace (,Dick") Emery was read. It was AD7ISO.RY the consensus of Council opinion that the rale stand but that CC:.2:I16T^ in this and in similar instances, the Committee and all sub- co-nnittees welcome the presence, advice and cooperation of all TURCHASE' persons in the Greater Lodi District who had interests in the LMS 50 & 51 welfare of the City. '2r Robert H. Millen, representing Louis and Catherine Fugazi, subdividers of " Fai=ont Park ", by letter, stated that the Fugazi's had determined that $4,000 per acre would be a fair EST ELL price to the City for the two ten foot wide strips to be STF-= acquired for the opening of West Elm Street at full 80 foot O_MliiING width. This letter also stated that the -ougazils contemplated opening Elm Street only part way to Ham Lane, but, after some discussion and objection by Council members, Louis Fugazi and his attorney, stated that they would open the street to the western limits of their property. FINAL tl.PS Final maps of " Handel Tract " and " Fairnont Park " filed with " HZDM. TR " the City Clerk April 5th, 1950 were approved as city subdivisions, " FAIM.MI'T with instructions to the City Clerk that be withold his certif- PARK " ication as to these approvals until both maps were signed by .A.:=.R07M the City Engineer as substantially conforming to the tentative IM maps a.proved April 3, 1950 by the City Planning Commission and pa-^Rv.;TIWS the receipt of a proper map filing report from a title compan:7. City 1,hnager Weller reported progress in the sale of Lodi Armory to the State of California. The ,Adjutant Generales Office is AF.'ORY requesting a small additional:_ area an the west. Mb.' Weller was directed to continue negotiations, submitting such alternate proposals as he night suggest in order to facilitate sale. At this time Mr Weller read an offer signed by H. E. Looser, holder of an option to purchase the land, offering to sell Lots 50 and 51 of the Lodi Barnhart Tract to the City for TURCHASE' $40,000, seller to reserve to himself the 1950 crops of grapes LMS 50 & 51 now growing on these lots. hl, Weller reported that a survey had BAMjj,LqT TR, been made in the area tributary to these lots and it had been A_r30VED. found that there were many children who would be benefitted. by having play ground facilities in this vicinity. It appearing that this land was the last parcel in suitable location for a park in the Southeast part of Lodi, it was moved by Councilman Bull, Tolliver second, that the City purchase these lots at the price offered. ( No implied dedication of the land for park uses was made in this motion as the Council might later determine that the area is larger than required and order part sold). Cn receipt of a letter from the City Planning Ccr.ission offering 426 ( minutes of Aril 5, 1950 - continued - ) COU": -M- -HA!A3-39 CITY COU`JCIL Cr7! HALL - CITY OF LODI no objections, Ben :.otz was permitted to erect a temporary addition to his dwelling at 540 Forrest Avenue on his BLD. PM.ST agreement to the follo-ving stipulations: (1) that the building BSI L:OTZ would be removed on or before try 1, 1952; (2) that, in event 540 D'MR33T of the sale of the premises, the building would be removed ; (3) that the building -rculd be used only for conducting a home occupation, that of bronzing baby s!:;ea by electrolytic process, creating no odor, dust, smoke or other nuisance offensive to neighbors. '^he City Planning Coc=ission by letter, endorsed the proposal :.C. for the Lurchase of Lots 50 and 50, Lodi Barnhart Tract to be F:IDOBSBS used in -.hole or in part for a park and play ground; also i7ICRZE suggesting the investigation of the possibility and desireability PAA AF=I . of acq dsition of two or more acres in the center of the block bounded by `Pokay, Central, missioa ^-•d ?T s!iington Streets for a children play ground. The granting, on April 3, 1950, by the City Planning Cc=ission, USEE vMLI^1 of a " Use pe.—mit " to Lydia Yarke, 913 I'Yellswood -venue, to LI"JIA YZ= conduct a rest home for the aged at that address was confirmed, notion Councilman Bull, Tolliver second. PCLICS The monthly report of the _'olive Department submitted by the. RW ORT City ia.*.ager was read. This report covers the month of birch. Fans Corinth's a -.Plication for extension of utility services to " Corinth Tract " accompanied by a letter from the Farmers and Merchants Bank of Lodi, the latter stating that no sales are UTILITY possible in this tract until public utility services are install - E tSIX ed, was read. Mr Weller recommended that in this and sindlar OCR= TR. cases, .:here properties are at some distance from terminals of city utility lines, that owners be required to post a bond or make a cash deposit of the cost of extensions, refunds to be made as fast as the lands are occupied by improvements. Suggestion a•)parently accepted but oaring to lateness of the hour, no positive policy laid down. At 12: 50 A.M. of Thursday, April 6, 1950, Councilman Tolliver mooed adjour=ent and the City Council stood adjourned. Attest: F. ur.erc.y, Cie