Loading...
HomeMy WebLinkAboutMinutes - February 15, 1961CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS FEBRUARY 15, 1961 This regular meeting of the City Council of the City of Lodi held beginning at 8:00 p.m. of Ulednesday, February15, 1961- Coun- cilmen Katzakian, Mitchell, Ullmann and Culbertson (Mayor) present; Brown absent. (Councilman Brown arrived at 8:15 p.m.) Also present: City Manager Glaves, Admin. Asst. Carlton, City Attorney Mullen and Planning Director Rodgers. MINUTES Minutes of February 1, 1961 were approved as written and mailed on, motion of Councilman Kat- zakian, Mitchell second, after correcting the next to the last sentence in the paragraph entitled "PC Meetings Increased" by changing the word "adoption" to "introduction" and deleting the words "with one meeting to be.restricted to planning study." The Mayor delayed the Public Hearings and re- quested the Planning Commission reports while awaiting the arrival of Councilman Brown who was to make an announcement regardingg.the Sister City program. PLANNING COMMISSION REMPPER City iianager Glaves_read the opinion of the City REZONING Attorney in regard to the four to three vote of APPEAL the Planning Commission in favor of rezoning property on Lodi Avenue to C -P requested by Mr. Wm. Rempfer. The City Attorney finds that Govern- ment Code Section 65652 requires that any amend- ment to the Zoning Ordinance must have a vote "of the Commission carried by the affirmative votes of not less than a majority of its total voting membership." Therefore the Commission needs five affirmative votes in order to make a recommendation for rezoning. Under these circum- stances, in order to come before the Council, the decision of.the Planning Commission must be appealed by Mr. Rempfer. The City Manager reported that the appeal of Mr. Rempfer had been received within the twenty days allowed by the Zoning Ordinance. The matter was set for public hearing on Harch 1, 1961 on motion of Councilman Mitchell, Ullmann second. C OP!MUNI CATIONS REYNOLDS ADDN. A petition from all owners of 11.0 acres east of Reynolds Road and north of Victor Road request - RES. OF INT,, ing annexation thereof with "M" Industrial zoning NO. 2417 to become effective coincident with annexation. ADOPTED The boundaries were approved by the County Boundary Commission on October 24, 1960. On motion of Councilman Katzekian, Ullmann second, the Coun- cil adopted Resolution No. 2417 stating its in- tention to annex the property as the Reynolds Addition and setting public hearing thereon and on the request for "M" Industrial zoning for April 5, 1961. The Council also ordered referral of the petition to the City Planning Commission for its recommendation. 8SMinutes of February 151 1961 continued WEEDS AT Letter from Mrs. Andres Sailer, 180 South Corinth WEST CAMPUS Avenue, stating that she had kept her side of the fence at the West Campus free of weeds and asking that the City remove the weeds from the other side. The letter was referred to the City Manager. ABC LICENSE Notice of the following applications for transfer of Alcoholic Beverage Licenses. 1. On -Sale Beer, Dean Butte ll, The Vineyard, 725 S. Cherokee Lane. 2. On Sale General, Vincent J. Sisco and Victor M. D'Orazi, Hotel Lodi, 7 S. School Street. SAFETY COUNCIL Invitation to the Annual Banquet and Awards Pre- sentation of the -San Joaquin County Safety Council on Tuesday evening, February 28, 1961 in the Stockton Civic Auditorium. Councilman Brown arrives. CONTROL OF Letter from the Santa Fe Railway Company asking WESTERN permission for its representatives to appear be - PACIFIC fore the Council on March I to request the Coun- cil's endorsement of the Santa Fe proposal for control of the Western Pacific Railroad Company. It was decided that March 15 would be a more favorable date and that the Southern Pacific should also have an opportunity to be heard before any decision is made. SPECIAL PROCEEDINGS SISTER CITY Councilman Brown stated that due to the efforts of the Rev. Taro Goto, this city and Kofu, Japan, RES. NO. 2418 had become sister cities and that the ties of ADOPTED friendship were being strengthened through the efforts of the High.School, Miss Judy Kosaka and Mr. George Creighton of the Pacific Telephone and Telegraph Company in designing a cover for the 1961 Lodi -Telephone Directory which symbolizes the friendship.between Lodi and its sister city, Kofu. Councilman. Brown suggested that a resolu- tion be.adopted commending Miss Kosaka and the Pacific Telephone and Telegraph Company for their efforts in furthering cordial relations with Lodi's sister city. On motion of Councilman Kat- zakian, Mitchell second; the City Council adopted Resolution No. 2418 commending Judy Kosaka and the Pacific Telephone and Telegraph Company for helping to foster better international relations. The Mayor then declared a short recess so that photographs could be taken of Miss Kosaka, her Mother, and the City.Council PUBLIC HEARINGS DOW NURSERY Notice thereof having been published in accordance with law, Mayor Culbertson called for hearing on the appeal from the -decision of the Planning Com- mission in granting an adjustment to Mr. Orwin Dow to permit the reconstruction and enlargement of certain nonconforming nursery buildings at 45 North Ham Lane in the R-1 residential zone. Mr. Dow proposes to do the followings U Minutes of February 15, 1961 continued 1. Replace the present sales room, a frame building measuring 20' x 20' with a new sales room of concrete block or stucco construction with dimensions 24' x 801. - 2. Enlarge the present parking lot with a capacity of seven stalls to provide for thir- teen stalls. In accomplishing this he will provide driveways for cars to enter and leave without backing into traffic, as present con- ditions require. 3. Remove the present conforming dwelling unit. 4. Enlarge the present lath house by 50 percent. 5. Remove his container stock to new loca- tions which are not presently utilized for this purpose. 6. Landscape the frontage along Ham and Elm Streets. 7: Install sidewalk along Elm Street for the length of the nursery. Mr. Glaves presented plans showing the present and the proposed use of the area. He stated the nursery was a nonconforming use and the question was one of defining the meaning and intent of the City Code (Zoning Ordinance) in regard to noncon- forming use. He quoted from Notes of Decision, Section 65600 of the Government Code, stating that the purpose of zoning was to eventually end non -conforming uses rather than to extend them. (See Council Chemo Subject: Adjustment to Noncon- forming Use Orwin Dow, February 13, 1961) He also pointed out that under the City Code unnecessary and unusual hardship had to be shown before an adjustment could be granted. If the nursery could be considered a valid use, the area should be. rezoned rather than have it exist- ing as a nonconforming use. Mr. Glaves then read the report from the Planning Commission which stated that a majority of the Planning Commission found that an injustice and hardship would be created if the adjustment were not granted since the nursery was in existence before residences were built in the surrounding area creating a hardship for this particular business which was not any fault of the owner. The Commission also felt that the proposed plan would be of distinct benefit to the area since it would improve the safety of the parking area and the appearance of the -entire nursery. Mr. Lindsay Marshall, representing Mr. Dow, questioned the authority of the Council to hold the hearing since the appeals from the decision of the Planning Commission had been withdrawn; however, the City Attorney was of the opinion that once the appeal has been made, it is under the jurisdiction of the Council. Mr. Orwin Dow stated that the nursery had existed twelve years before annexation of the property to the City, that the changes he wished to make would improve the area, and that most of the property owners in the area had not voiced any objections to his proposal, but thought it would 90 Minutes of February 15, 1961 continued be an improvement. Mr. Marshall stated that the action of the Planning Commission should be con- sidered: The Commission had found that denying the request would create a hardship and that grant- ing the request would be of benefit to the neigh- borhood. City Manager Glaves stated that if the area would be benefited by commercial use, the honest thing to do would be to rezone. Mr. Don Pontius, 20 North Ham Lane, said he had no objection to the granting of an adjustment, which he felt would be of benefit to the area, but he did not want to see the area rezoned. No other persons appeared for or against the proposed adjustment. Council- man Katzakian stated that he sympathized with Mr. Dow, but felt that granting the adjustment would prolong the nonconforming use which would be contrary to the intent of the zoning ordinance. Councilman Brown stated that it might be of benefit to the neighbors now, but in a few years there would be the same trouble. He stated that other requests of a similar nature had been re- fused and that Mr. Dow would not be suffering unusual hardship. Councilman Mitchell said that Mr. Dow wished to put up a permanent type struc- ture and therefore if any action was to be taken, -it should be to rezone rather than to grant an adjustment. Mayor Culbertson stated that the purpose of the Code is to eventually eliminate nonconforming uses and in this case unusual hard- ship cannot be found which would justify the granting of an adjustment. Councilman Katzakian moved the Council make the finding that the re- quest for an adjustment does not qualify as a hardship under the City Code, the decision of of the Planning Commission be reversed, and the request of lir. Dow for an adjustment for the reconstruction and enlargement of a nonconform- ing use at 45 North Ham Lane be denied. The motion was seconded by Councilman Brown and passed by unanimous vote. REPORTS OF THE CITY MANAGER CLAIMS Claims amounting to $28,006.58 were approved on motion of Councilman Brown, Mitchell second. AWARD _ City Manager Glaves submitted the tabulation of GASOLINE, OIL bids on gasoline, oil and greases which totaled AND GREASES as follows: RES. NO. 2419 Petroleum Products (gasoline only) $24,254.00 ADOPTED Richfield Oil Co. 25,499.40 Seaside Oil Co. 31,208.87 .Shell Oil Co.. 32,099.25 Signal Oil Co. 27,486.75 Standard Oil Co. 26,647.13 Texas Company 26,442.00 He recommended that award be made to the low bidder, Richfield Oil Company. On motion of Councilman Brown, Katzakian second,.the City Council adopted Resolution No. 2419 awarding the contract for 1961 gasoline, oil and greases to Richfield Oil Company. M Minutes of 'ebruary 15, 1961 continued AWARD - ir. Glaves then reported the following bids PICKUP TRUCK received for one 1%2 -ton pickup truck: RES. NO. 2420 Weil Motor Co. Dodge 51,945.64 ADOPTED Loewen Auto Co. Chevrolet 1,950.60 Krieger Motor Co. Ford 1,962.15 He recommended that award be made to the lowest bidder and on motion of Council`inan Hitchell, Katzakian second, the Council adopted Resolution No. 2420 awarding the contract for one 1f2 -ton pickup truck to Weil Motor Company. TU FER ROAD Par. Glaves stated that Mr. J.G-. Meyer, District INTERCHANGE Engineer, Mr. Bruno Dentino and Mr. Lewis Kreck of the Division of Highways were present to RES. N0. 2421 discuss the design of the Turner Road interchange. ADOPTED Mr. Dentino showed the original designwhich had been accepted when the Freeway agreement was approved in 1954; this design did not provide for an overpass at Turner Road. He then showed the second design submitted in September 1960 which provided for the Turner Road overpass and which would cost m120,000 -more than the original design. The second design did not have direct access onto Turner Road for southbound freeway traffic going west on Turner. Direct access would cost an additional $150,000 as it would require enlarging the bridge at the Mokelumne River. The Division of Highways has now proposed to place stop signs on Turner Road so that south- bound traffic will not need to stop when entering Turner Road to go west. The Division of Highways also agrees to purchase at this time land necessary for direct access onto Turner Road from the north so that the land will be available when direct access becomes expedient. Mr. Ben Bechthold stated that he considered the original plan preferable. lir. Villiam Nathan stated he was in favor of the Turner Road interchange. Mr. Herbert Buck, Jr. of the Acampo Farm Bureau was concerned about the movement of trucks from the north turn- ing in to Turner Road. The Council agreed that they would go along with the second plan submitted by the Division of Highways providing the State purchase the land required for direct access. On motion of Councilman Katzakian, Brown second, the City Council adopted Resolution No. 2421 approving the plan for the Turner Road Interchange marked "Exhibit B" and attached to said resolution. QUITCLAIM A quitclaim deed for a 16' easement in a portion EASE14ENT ON of Block 6, Burrs Addition, Tim Bertsch Record BERTSCH PROP. of Survey, for which the City has no present or future need was presented for approval. Council - RES. iTO. 2422 man Brown moved the adoption of Resolution No. ADOPTED 2422 authorizing the Mayor and City Clerk to sign the quitclaim deed above mentioned. The motion was seconded by Councilman Katzakian and carried by unanimous vote. SCR 62 STUDY The City Manager then reported on a memorandum ENDORSED from the League of California Cities concerning the findings made under State Senate Concurrent RES. PTC. 2423 Resolution No. 62 concerning county roads and ADOPTED city street deficiencies. The deficiencies are such that the problem of raising funds to correct them are of paramount importance to cities and counties. The League is requesting that the 9Minutes of February 15, 1961 continued cities show their interest in getting legislation enacted to provide funds by backing the efforts. of the League and legislators in this regard. Councilman Mitchell, Brown second, moved .the adoption of Resolution No. 2423 endorsing the SCR 62 deficiency report and urging the State Legislature to provide the means for raising funds to combat - these deficiencies. Motion carried by unanimous vote. SPECS - Specifications for concrete pipe to be used for CONCRETE PIPE construction of sanitary sewer between Delores and Lockeford Streets adjacent to the Freeway. The State is requesting a higher classification' pipe than is usually used by the City and will be supplying most of the funds for this project. On motion of Councilman Katzakian, Mitchell second, the specifications were approved and call for bids authorized. ORDINANCES PC MEETINGS ORDINANCE -NO. 688 entitled "AN ORDINANCE AMENDING INCREASED SECTION 2-32 OF THE CODE OF THE CITY OF LODI AND THEREBY INCREASING THE NUMBER"OF MEETINGS PER ORD. NO. 688 MOITE FOR WHICH COMPENSATION IS PAID TO MEMBERS ADOPTED OF THE CITY PLANNING COMMISSION", having been introduced at the meeting of February 1, 1961, was brought up for passage on motion of Council- man Brown, Katzakian second. Second reading was waived -after reading by title, and was then passed, adopted and ordered to print by the follow- ing vote: AYES: Councilmen = BROWN, XATZAKIAH, MITCHELL, ULLt1ANK and CULBERTSON NOES: Councilmen - NONE ABSENT: Councilmen - NONE Since the Council desires to have the Planning Commission devote one meeting per month entirely to overall planning whenever possible and further would like to receive e. report from the Planning Commission regarding this meeting, after one year, the City Manager suggested that the City Attorney draw up a resolution thereon for submission at the next Council meeting. The Council also requested that a study of non- conforming on-conforming uses in the city be made as a step•, towards their possible elimination and equality of treatment for all. The Council adjourned t--10'15 p.m. eerk ATTEST: BEATRIBALDI City C