HomeMy WebLinkAboutMinutes - March 1, 196192
CITY COUNCIL, CITY OF LODI
CITY HALL COUNCIL CHAMBERS
MARCH 1, 1961
This regular meeting of the City Council of the City of Lodi
held beginning at 8:00 p.m. of Wednesday, March 1, 1961. Council-
men Brown, Katzakian, Mitchell, Ullmann and Culbertson (Mayor)
present; none absent.
Also present: City Manager Glaves, Admin. Assist. Carlton, Planning
Director Rodgers and City Attorney Mullen.
MINUTES Minutes of February 15, 1961 were approved as written
and mailed on motion of Councilman Katzakian, Mit-
chell second.
PUBLIC HEARINGS
REMPFER Notice thereof having been published in accord -
REZONING ance with law, the Mayor called for hearing on
APPEAL the appeal of Mr. Wm. E. Rempfer from the decision
of the City Planning Commission in disapproving
his request for rezoning from R-2 and R-3 resi-
dential to C -P commercial -professional office of
lots on the north side of Lodi Avenue between
California Street and Avena Avenue. Mr. Rempfer
spoke in behalf of his request, asking for re-
zoning for the following reasons: -
1. Out of -38 blocks along Lodi Avenue from
Cherokee Lane to Ham Lane, 31 are zoned com-
mercially and he considers it discriminatory
not to permit additional commercial zoning
along this street.
2. Lodi Avenue will be a four -lane road and
is not suitable for residential usage, but
commercial.
3. He is unable to get an PEA loan for his
property on Lodi Avenue since it is not de-
sirable residential property.
4. Lodi is a growing community.end the resi-
dents in the area want to stop progress.
Mrs. Ethel Tweedy, 231 S. California Street,
and Mr. Spiros Stathatos, 417 West Pine Street,
spoke in favor of rezoning as they think Lodi
Avenue should be commercial and the lots in
question are not suitable for residences.
Mr. Robert H. Rinn, 820 W. Walnut Street, spoke
against the rezoning, stating that the request
for rezoning had been turned down several years
ago, that Mr. Rempfer had recently purchased his
lot as residential property and was now trying
to convert it to commercial use. There is no
need for this use which would encroach on the
residential area. The rights of the property
owners should be respected and Lodi Avenue should
be a buffer zone between the commercial develop-
ment on the south and the residential area on the
north. Mir. W.M. Watson, 215 S. Avena, agreed
with Mr. Rinn and also stated that if a real
estate office were permitted on Mr. Rempfer's
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Minutes of March 1, 1961 continued
property there would develop traffic hazards be-
cause of cars backing in and out of the driveway.
Mr. Malen Stroh, 220 S. Crescent Avenue, spore
against the rezoning, saying that he felt that
everyone concerned was interested in the better-
ment of the community, but that commercial zoning
of these lots would be detrimental, leading to
eventual blighting of the area. The following
people also spoke against the rezoning: Mr. Walter
Rott, 225 S. Avena; Mr, Richard Colvin, 225 S,.
Crescent; Mr. Adelbert Gillespie,.224 S. Avena;
and Mrs. Norval Gundershaug, 823 W. Lodi Avenue.
Communications favoring the rezoning were read
from Mrs. Ethel B. Tweedy, 231 S. California
Street, and Mr. Spiros Stathatos. Letters against
the rezoning were read -from the following:
Mr. & Mrs. E.H. Hawkins, 227 S. Rose; Mr. & Mrs.
Adelbert Gillespie, 224 S. Avena; Mrs, Thos.
Woodhull, 212 S. Avena; Mr. & Mrs. Daniel M.
Dean, 212 S. Crescent; Mrs. Richard Colvin, 225 ... .
S. Crescent; Mr. &.Mrs. W.M. Watson, 215 S. Avena;
Mr. & Mrs. Milton Staton, 220 S. Avena; Mr. & Mrs.
G.G. Berger, 219 S. Rose; and Mr. & Mrs. Deran
S. Dee, 211 S. Avena. The City Manager then
read the report from the Planning Commission which
gave points.in favor of and against the proposed
rezoning.
Mayor Culbertson stated that it was the duty of
the Council to decide what was best for the City
now and in the future. Councilman Katzakian felt
that Lodi Avenue should be held as a buffer zone
in order to retain the value of the residential
area, that strip zoning would lead to blight and
traffic problems and that if a mistake had been
made in the past, that was no justification for
making more mistakes. Mayor Culbertson stated
that he was in favor of shopping centers where
traffic could be controlled, that strip zoning
would create traffic hazards and that the proposed
rezoning would depreciate the value of the
adjacent residences. Mr. Glaves, speaking in
behalf of the administration, stated that he had
no personal interest in the proposed rezoning
but wanted the City to develop in line with good
planning and zoning principles and that strip
zoning was not good.planning.,. He cited the
numerous problems that now confronted_ other areas
that had, strip zoning. He said that the purpose
of zoning is to control land uses.and not to have
incompatible uses. Councilman Mitchell stated
that strip zoning on Lodi Avenue -should not be
extended.. Mayor Culbertson.'moved Ahat the appeal
of Mr. Rempfer,for C -P zoning.on the north side
of Lodi'Avenus between California and Avena
Avenue be denied. The motion was seconded by
Councilman Katzakian_and carried by.,the following
vote:
AYES: Councilmen - KATZAKIAN, MITCHELL and
CULBERTSON -
NOESs Councilmen - BROWN and ULLMANN
SUED. ORD. The Mayor then called for public hearing on the
AMENDMENT proposal to amend the Subdivision Ordinance which
would require that a Record of Survey map be
required for all minor Subdivisions which are
Minutes of March 1, 1961 continued
HEARING located outside of recorded subdivisions. Since
CONTINUED members of the Council were not familiar with the
proposed requirements, on motion of Councilman
Katzakian, Mitchell second, the hearing was con-
tinued to the meeting of March 15 so that the
Council could be informed of the proposed amend-
ments.
DRIVEWAY AT Mr. Emil Ernst, 1324 S. Pleasant Avenue, addressed
1324 S. pLEASW the Council concerning his broken driveway and
was told that the City Manager would look into
the situation.
PLANNING COMMISSION
CPC OVERALL The City Manager read Resolution No. 2424 pre -
PLANNING pared by the City Attorney instructing the City
Planning Commission to limit one meeting a month
RES. NO. 2424 to overall planning problems and requesting the
ADOPTED Commission to submit a report thereon one year
from this date. Resolution No. 2424 was adopted
on motion of Councilman Brown, Ullmann second.
COMMUNICATIONS
ABC LICENSES
The following notices of Application for Transfer
of Alcoholic Beverage License:
1. On Sale Beer and Wine, Frank G. Poletti and
Peter Nessi, Isle of Capri, 5 E. Elm St,
2. Off Sale Beer and Wine and Beer and Wine
Wholesaler's, Wallace R. Spiekerman, Lodi
Beverage Company, 21 N. Stockton Street.
REPORTS
OF THE CITY MANAGER
CLAIMS
On motion of Councilman Katzakian, Brown second,
claims were approved in the amount of $192,083.88.
SPECS -
Specifications for four police care were approved
POLICE CARS
and call for bids authorized on motion of Council-
man Katzakian, Brown second.
2 -HR PARKING
City Manager Glaves reported that Mr. Reuben Rott
ON LODI AVE.
had requested that parking limits be established
AT SCHOOL ST.
on Lodi Avenue between Sacramento and School
Streets. After investigation, the Director of
RES. NO. 2425
Public Forks feels that 2 -hour parking in front
ADOPTED
of Mr. Rott's newly constructed store building
would suffice and so recommends. Councilman
Mitchell moved that the Council adopt Resolution
No. 2425 establishing a 2 -hour parking zone on the
south side of Lodi Avenue for approximately 80
feet east from the School Street intersection.
The motion was seconded by Councilman Katzakian.
Councilman Brown did not think it fair to establish
limited parking in front of only one .business
establishment. The motion carried by the follow-
ing vote:
AYES: Councilmen - KATZAKIAN, MITCHELL,
ULLMANN and CULBERTSON
NOES: Councilmen - BROWN
Minutes of March 1, 1961 continued
MISTER City Manager Glaves then presented a master agree -
AGREEMENT ment from the State Division of Highways for the
FUNDS FOR budgeting and expenditure of funds allocated from
CITY STREETS the State Highway Fund to cities for construction
and maintenance on major city streets. The master
RES. N0. 2426 agreement would eliminate the necessity of sign -
ADOPTED ing an agreement each time funds were budgeted.
Councilman Mitchell, Brown s.econd, moved.the
adoption of Resolution No. 2426 approving the
agreement and authorizing its execution by the
Mayor and Clerk. The motion passed by unanimous
vote.
LIGHTING AT The City Manager stated that the Director of
SP-TOKAY ST. Public.Works was recommending the installation of.
XING AND -AT lights to improve visibility at the Tokay Street
HUTCHINS_ crossing of the Southern Pacific Tracks and at the
KETTLEMAN intersection of Hutchins Street and Kettleman Lane.
INTERSECTION The cost of two 400 -watt Mercury Luminaires, in-
cluding poles and wires, at the Tokay Street
crossing is estimated at 3750 and the Southern
Pacific'Company has indicated its willingness to
pay one-half of the cost. The Division of High-
ways has estimated the cost of similar lights at
the.Hutchine-Kettleman Lane intersection as being
$1200 of which the City would pay one-fourth.
The City Manager recommended that the lights be
installed at both locations and Councilman Brown,
Katzakian second, moved that funds be authorized
for installation of lights at the Southern Pacific-
Tokay Street crossing and at the intersection of
Hutchins Street and Zettleman Lane. Motion carried.
STREET TREES City Manager Glaves said he would like to have
POLICY the policy of the City concerning streettrees
clarified and he also suggested that a Citizens
Committee be appointed to study what the City -
wants. "He said that if a street tree ordinance
were adopted, it would provide the administration
with regulations needed to carry out City policy.
Mr. Glaves stated that the present policy is to
take out trees that the Director of Public Works
determines are bad and should be removed, but any
tree that the property owner wants removed is_..
"examined by the Director of Public Works and if
he feels the tree is deteriorating but doesn't
need to be removed at present, the tree may be
removed at the property owner's expense. Other-.
wise the tree is to remain until the City con-,_
siders it necessary to remove it. Councilman
Katzakian moved that this policy of removing trees
be reindorsed. The motion was seconded by Coun-
cilman Mitchell and carried.
Civic
CLEAN Up Mr. Glaves reported that the Affairs
WEEK Committee was endorsing "Clean up, Fix up, Paint
Up Week" for one week'in March and that as part
of the program,the Committee wanted volunteers to
paint the Lodi Arch providing the City would
furnish the paint. Mr. Glaves said the concrete
block buildings at the corporation yard and some
of the park restrooms needed painting also and
that $200 should cover the cost of paint needed.
He stated that some of the City employees had
volunteered their services for picking up trash
on Saturday and Sunday of that week providing
they were permitted to use City equipment. Coun-
cilman Katzakian said it was a nice..
poject and
M
Minutes of March 1, 1961 continued
moved that funds be approved to purchase the
paint required and that use of City equipment be
authorized. The motion was seconded by Council-
man Brown and carried. Councilman Mitchell,
Brown second, moved that a letter be written to
the City Employees commending them for their
offer to assist in this project. Motion carried.
PROPERTY
A sketch showing a proposed exchange of property
EXCHANGE
between the City and Mr. Maurice 0. Ray, Jr.,
DISPOSAL
was presented by the City Manager. The property
PLANT AREA
involved is north of the Sewage Treatment Plant.
Mr. Glaves recommended that the City excahnge
its northerly 4.365 acres for Mr. Ray's southerly
4.143 acres. Such action would benefit both
parties since it would "square off" the City's
property so that it would be more usable as a
City park and at the same time it would give
Mr. Ray property that would be.more suitable for
a subdivision than his present site, which could
develop into a blighted area. On motion of Coun-
cilman Katzakian, Mitchell second the City Coun-
cil authorized the City Manager to proceed with
the exchange of properties as outlined by the
City Manager. Councilman Katzakian then moved
that the City Attorney be authorized to file
suit if necessary to quiet title against a Mr.
MoSherry for a 20' roadway running north and
south from Kettleman Lane through the above
mentioned properties. Motion was seconded by
Councilman Brown and carried.
AMY BOYNTON
Mayor Culbertson stated he was proud to announce
1960 SAFETY
that Miss Amy Boynton, City Librarian, had been
WOMAN
appointed Safety Woman of 1960 by the San Joaquin
County Safety Council. Councilman Katzakian,
Ullmann second, moved that a letter of congratu.
lations be sent to Miss Boynton. Motion carried.
The Council then adjourned.
c
ATTEST: BEATRIC GARIBALDI
City Clerk