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HomeMy WebLinkAboutMinutes - October 18, 1961173 CITY COUNCIL, CITY OF LODI CITY HALL COUi:CIL CHAMBERS OCTOBER 18, 1961 This regular meeting of the City Council of the City of Lodi held beginning at -8:00 p.m. of Wednesday, October 18, 1961. Councilmen Brown, Katzakian, Mitchell, Ullmann and Culbertson (Mayor) present; none absent. Also present: City Manager Glaves, Admin, Asst. Carlton, Planning Director Rodgers and City Attorney Mullen. MINUTES Minutes of October 4, 1961 were approved as written and mailed on motion of Councilman Katzakian, Brown second. PUBLIC HEARINGS S. CRESCENT Notice thereof having been published in accordance LIGHTING DIST. with law, Mayor Culbertson called for public hear- ing on the intention to construct street lights in RES. - NO. 2481, the South Crescent Street Lighting District. There NO. 2482 AND . were no protests written or oral. On motion of NO. 2483 Councilman Brown, Mitchell second, the City Coun- ADOPTED oil adopted Resolution No. 2461 overruling protests; on motion of Councilman Xatzakian, Ullmann second, the Council adopted Resolution No. 2482 ordering the work and on motion of Councilman Mitchell, Brown second, the Council adopted Resolution No. 2483.directing that the assessment be prepared. REZONING ON PTotice thereof having been published in accordance N SIDE OF with law, the Mayor then called -for public hearing KETTLEMAN BTW on the proposal to rezone an eight -acre parcel HAM & FAIRMONT located along the north side of Kettleman Lane between Fairmont Avenue and Ham Lane from the R-1 single family residential zone to the C -S commercial shopping zone. City Manager Glaves read the report from the City Planning Commission which recommended the rezoning for the following reasons; 1. There would be little conflict with future residential uses in the area. 2. This would be a reasonable use of land which is poorly situated for residential development be- cause of.the nearby sewage disposal plant. 3. The property is located at the intersection of two major City streets. . 4. A neighborhood center in this location would be reasonably well situated.to serve the residents within the probable trading area. 5. It is felt that the rezoning of this site in addition to the Barbera site would allow the strongest center to be developed. 6. Because of the school property and the un- developed nature of the property to the south, the Commission feels that the tendency toward commercial encroachment between the two centers can be avoided. 7. The C -S zone of the Lodi Zoning Ordinance provides ample assurance to the City that the center, if developed, will be in accordance with the plans which have been submitted. 1711 Minutes of October 18, 1961 continued Mr. William Ford, 465 South Tuxedo, Stockton, representing Dr. Chris Keszler, owner of the prop- erty, spoke in behalf of the rezoning. He stated that the reasons of the Planning Commission were basic reasons why the rezoning should be granted, that the City is growing in a southwesterly direc- tion, that it would allow competition, and that regulations under C -S zoning would prevent specu- lation. Mr. Ed Barbera, 120 South Orange Avenue, stated that some doubts had been expressed in the paper about the development of his lest Lane shop- ping center, but he wished to assure the Council that he intended to go ahead and build. However, it would take 1-J to 2 years to get his center in operation. He felt that this area could not support two shopping centers. There were no others in the audience who wished to speak on the proposed rezoning. Councilman gown questioned Mr. Ford regarding location of the shopping center next to the Sewage Disposal Plant. Mr. Ford stated he did not see that there would be any -objection to the location by shoppers; he did not think that the Disposal Plant would become objectionable. He reported that he had 70;5 of the major tenants lined up for the center. Mayor Culbertson said that basically the problem was one of location, since the Master Plan policy of the City recommends that - outlying commercial developments be located at least 1/2 mile apart to provide an adequate service area and to discourage the stringing out of com- mercial areas along a major street. This site is only 2,000 feet from existing commercial facilities and an approved neighborhood shopping center site at the intersection of Hutchins Street and Kettle - man Lane. The Mayor stated that the Iteszler site would be suitable for homes and that development was not solely the responsibility of developers, but that the City has to prevent blight which could result from the overzoning or overdevelopmeit of commercial properties in excess of any reason- able need in the area. Councilman Katzakian stated that the policy of the City in the past has been to require at least one-half mile between shopping centers and further, that this land was not located properly for a center and would not fit in with the City's over-all plan. Mr. Ford replied that the tenants were the best judges of whether or not the site was suitable. He said that Mr. Glaves had expressed the opinion that the site was wrong, but Mr. Ford felt that others knew more about suitable sites. Mayor Culbertson stated that he was not opposed to the development of a second shopping center in the City, but was opposed to the specific location of the center proposed by Mr. Ford because it was situated in an area for which sufficient area has already been zoned for com- mercial purposes. He stated he was confident that if Mr. Ford submitted a request for a shopping center in the western part of the City or in some other area not now served, it would receive more favorable consideration. City Manager Glaves re- marked that Mr. Ford had not disagreed with him about the Barbera property being the better site. Mr. Ford said that the Council should consider the judgment of the Planning Commission. Councilman Katzakian replied that consideration was given to the Planning Commission recommendations and that in nine years the Council had reversed Planning :I -r5 Minutes of October 18, 1961 continued Commission decisions only seven times. In this instance he felt that a shopping center at this site was not good land use. Councilman Katzakian then moved that the recommendation of the Planning Commission be rejected and that the request for rezoning the 8 -acre parcel on the north side of Kettleman Lane between Ham Lane and Fairmont Avenue to C -S be denied. The motion was seconded by Councilman Mitchell and carried by the following vote: ABC LICENSE Notice of application for transfer of Alcoholic Beverage License, On Sale Beer and aline, Ottavo Armi & John Crosby, Isle of Capri, 5 East Elm Street. AYES: Councilmen - Katzakian, Mitchell, Ull- mann and Culbertson HOES: Councilmen - Brown PLANNING COMMISSION STREET NAME The City Manager read a recommendation from the CHANGES Planning Commission that the following changes in street names be made. 1. That the street now known as Reynolds Road, Pinkerton Avenue, Cluff Avenue, and Floral Avenue be named "C1uff Avenue." 2. That the portion of Laurel Avenue between Turner Road and Lake Home Drive be changed to "Mason Street." 3. That those portions of Edgewood Drive and Midvale Road which form a northerly exten- sion of California Street be changed to "California Street." The proposal to change the street names as mentioned was set for public hearing on November 1, 1961 on motion of Councilman Brown, Katzakian second. FALLOUT The Planning Commission recommended that the City SHELTERS Council adopt an ordinance regulating the construc- tion of civil defense fallout shelters and further recommended that such shelters be exempted from the provisions of the Zoning Ordinance, provided any shelters constructed in any front yard or street side yard of a property may not exceed two feet in height above the surrounding grade level. On motion of Councilman Katzakian, Mitchell second, the recommendation was referred to the City Manager and City Attorney for further study. COMMUNICATIOiS SHELTERS & Letter from the City of La Hirada requesting that TAX RELI-' Lodi adopt a resolution urging the State Board of Equalization, the County Assessor and the Internal Revenue Service to investigate the possi- bility of granting .tax benefit to those persons who construct fallout shelters. The letter was . tabled pending study of the shelter situation in Lodi. ABC LICENSE Notice of application for transfer of Alcoholic Beverage License, On Sale Beer and aline, Ottavo Armi & John Crosby, Isle of Capri, 5 East Elm Street. 176 Hinutps of October 18, 1961 continued REPORTS OF THE CITY MANAGE -1 CLAIMS Claims in the amount of ;63,095.13 were approved on motion of Councilman ICatzakian, Brown second. WEST CAMPUS Letter from the Lodi Union 'nigh School Board of SWIMMING POOL Trustees recapitulating the low bid on the West Campus Swimming Pool and the resulting estimate of the total cost of the project. The low bid was from A.F. Toccoli of Stockton for a total cost of 472,730.00. This bid brings the total cost for construction of the pool to $79,153.40, including architect's fees, testing fees, etc., but not including any cost estimate of the wire mesh partitions in the locker rooms. The School Board has accepted the low bid subject to approval by the City Council. Councilman Katzakian moved that the bid of A. F. Toccoli be accepted and that the estimated cost of 679,153.40 be approved and the amount in the agreement with the School Board be changed accordingly. The motion was seconded by Councilman Brown and carried unanimously. BLOU ER FOR City Manager Claves presented the one bid which TREATMENT had been received on the blower for the Sewage PLANT Treatment Plant. He stated that the bid did not meet the specifications and recommended that the bid be rejected. On motion of Councilman 3rown, Mitchell second, the bid on the blower was rejected and the City Manager instructed to purchase a blower on the open market. ,k ARD - The following tabulation of bids received for autos AUTOMOBILES was presented: RAS. N0. 2484 Loewen Krieger Weil ADOPTED One Fire Dept. Auto $1,987.65 32,216.34 -42,065-83- Two Police Autos 2,744.54 2,828.78 3,043.02* 2:717.81* Two Autos (gen. use) 3,887.10 4,403.64 4,097.34* *Alternate bids conforming to specifications City Manager Glaves recommended that the low bide be accepted and on motion of Councilman 'Natzakian, Mitchell second, the Council adopted Resolution No. 2484 awarding the contract for the Fire Dept. auto to Loewen Motor Company for 31,987.65, the contract for two Police autos to Erieger Motor Company for a total of $2,717.81, and the contract for the two autos for general use to Loewen Auto Company for a total of $3,887.10. BASIDIENT FRO1 An easement agreement from Standard Oil Company STANDARD OIL covering necessary right of way for the City's sanitary, storm and water lines north of Victor RES. 90. 2485 Road and adjacent to the Claude C. Wood Company ADOPTED was presented for approval.. On motion of Council- man Mitchell, Brown second, the City Council adopted Resolution Uo. 2485 approving the agreement and authorizing its execution by the Mayor. 1 T7 Minutes of October 18, 1961 continued SJ COUNTY The City Manager presented a proposed agreement SAFETY COUNCIL from the San Joaquin County Safety Council which would formalize the payment of $1,000 to the Safety RES. NO. 2486 Council during the 1961-62 fiscal year for services ADOPTED rendered. Councilman 3rown moved the adoption of Resolution No. 2486 approving the agreement and authorizing its execution by the Mayor. The notion was seconded by Councilman Ullmann and carried. CLAIM OF City Manager Glaves stated that a claim against LEEDHAM & the City had been received from Leedham and ROEBBELEN Roebbelen Construction Company, contractors on the Turner Road Underpass, for an amount of $6,045.50 which the Company claimed was due for roadway excavation. Mr. Glaves said the claim was the result of a difference in interpretation of the specifications on the Underpass. He was of the .opinion that the claim should be denied, but had consulted a reliable engineer, Mr. C.J. Temby, regarding interpretation of the•specifications. Mr. Temby had upheld the opinion of Mr. Glaves and recommended denial of the claim. Mr. Glaves recommended that the claim be rejected. Councilman Mitchell moved that the claim from Leedham and Roebbelen Construction Company in the amount of $6,045.50 be rejected. The motion was seconded by Councilman Katzakian and carried: Mr. Glaves then recommended that in connection with this clain special counsel be hired who would be familiar with the technicalities of the construction field and suggested Attorney Daniel Lane. He estimated the fee as being $1,200. Councilman Katzakian moved that Mr. Lane be hired as the attorney for the City in its defense against the claim filed by Leedham and Roebbelen. Motion was seconded by Councilman Brown and carried. KETTLEMAN LANE The City Manager stated that the Utilities Depart - RIGHTS OF WAY ment needs to place a power line along the north side of Kettleman Lane, but in some areas does not have the required rights of way. The property owners are willing to accept 500 per square foot as a fair market value for their property which compares favorably with the cost to the City for obtaining certain rights of way along Kettleman Lane in 1959• On motion of Councilman Katzakian, Brown second, the City Council authorized the Department of Public Works to acquire the needed rights of way at 500 per square foot. EASEMENT Air. Glaves reported that St. Paul's American ABANDONMENT Lutheran Church wishes to construct an addition to ST. PAUL'S their church on the corner of Pleasant and Tokay AM. LUTHERAN Streets. Such an addition would encroach an ease - CHURCH cent and therefore it is proposed that this ease- ment be abandoned and that another easement be .RES. NO. 2487 accepted in lieu thereof. Since the easement is ADOPTED being used, a public hearing will be required. Councilman Mitchell moved the adoption of Resolu- tion No. 2487 declaring the intention of the City Council to abandon said easement and setting public hearing thereon for November 15, 1961. Motion was seconded by Councilman Ullmann and carried. LIBRARY In regard to library requirements, City Hanager CAPITAL OUTLAY Glaves stated that he had contacted Mr. Joe ilcCarthy, an architect who was familiar with library con- struction. Mr. McCarthy had given a rough estimate of 21,000 square feet as adequate for a library 276 Minutes of October 13, 1961 continued for Lodi and had estimated a cost of $330,000 for remodeling the present library and a cost of $400,000 for a new library. He would be willing to make a structural examination of the Library for between `;700-4800. To make a full analysis" with schematic drawings would cost around 34,900. lIr. Glaves felt it would be reasonable to go ahead and give the City's financial consultants a figure of ,450,000 for the Library in the Capital Outlay Program so as not to hold up their work. Mr. Lewis Singer of the Library Board felt that it would be worthwhile to have Mr. McCarthy make the structural study of the Library. Members of the Council were agreed that a figure of ~450,000 should be given to the financial consultants at this time in order to expedite their report on the Capital Outlay Program, and on motion of Councilman Litchell, Katzakian second, ordered that $450,000 be the amount required in the Capital Outlay Program for future library needs. ORDINAiTCES REZONING Oil ORDINANC2 ITO. 706, entitled "AMENDING THE OFFICIAL S. FAIRMONT DISTRICT 11AP OF THE CI'T'Y OF LODI AND THEREBY RE- ZONIKG PROPERTY ALOiTG TEE EAST SIDE OF SOUTH: ORD. NO. 706 FAIRMONT AVENUE Ili THE 400, 500 AND 600 BLOCKS TO ADOPTED BE IN THE C -P COMMERCIAL PRO?ZSSIONAL OFFICE ZONE," having been introduced at the regular meeting of October 4, 1961, was brought up for passage on motion of Councilman Katzakian, Mitchell second. Second reading was omitted after reading by title, and was then passed, adopted and ordered to print by the following vote: AYES: Councilmen - BROVN, KATZAKIAN, MITCHELL, ULLMANN and CULBERTSON TOES: Councilmen - 111OrZ ABSDITT: Councilmen - ITOil E REZONING ON ORDINANCE NO. 707, entitled "AMENDING THL OFFICIAL S. FAIRMONT DISTRIC^t 1IAP OF THE CITY OF LODI AND THEREBY RE- IN WINDSOR TR. ZONING LOTS 24, 25, 46, AND 47, WI11DSOR TRACT, TO BE IN THE C -P COMMERCIAL PROFESSIONAL OFFICE ZONE ORD. BTO. 707 AND LOTS 26 AM 45, WINDSOR TRACT, TO BE IN THE R-3 ADOPTED LIMITED MULTIPLE FAMILY RESIDENTIAL ZONE," having been introduced at the regular meeting of October 4, 1961, was brought up for passage on motion of Councilman Brown, Ullmann second. Second reading was omitted after reading by title, and was then;_ passed, adopted and ordered to print by the follow- ing vote: = AYES: Councilmen - BROWN, KATZAKIAIT, MITCHELL, ULLMANN and CULBERTSON NOES: Councilmen - ITONE ABSENT: Councilmen - NONS SPEED LIMIT ORDINANCE NO. 708, entitled "AN ORDINANCE AMENDING ON S. HUTCHINS PARAGRAPH (a) OF SECTIO14 201 OF ORDINANCE N0. 516 A1TD TUEREBY CHANGING TEE SPEED LIMIT ON A PORTION 0? SOUTH HUTCHINS SIRE;'^," having been introduced at the regular meeting of October 4, 1961, was 179 Minutes of October 18, 1961 continued ORD ITO. 708 brought up for passage on motion of Councilman ADOPTED Katzakian, Mitchell second. Second reading was omitted after reading by title, and was then passed, adopted and ordered to print by the follow- ing vote: AYES: Councilmen - BROW, KATZAICIAN, MITCHELL, ULLMANN and CULBERTSON NOES: Councilmen - NONE ABSENT: Councilmen -NONE The Council then adjourned at 10:30 p.m. on order of the Mayor. ATTEST: BEATRICE GA ALDI City Clerk U