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HomeMy WebLinkAboutMinutes - July 6, 19602b CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS JULY 6, 1960 This regular meeting of the City Council of the City of Lodi held beginning at 8:00 o'clock p.m. of Wednesday, July 6, 1960. Councilmen Brown, Katzakian, Mitchell, Ullmann and Culbertson (Mayor) present; none absent. City Manager Glaves, Administrative Assistant Carlton, City Attorney Mullen and Planning Director Rodgers also present. Beatrice Garibaldi, City Clerk absent. MINUTES The minutes of the adjourned meeting of June 22, 1960 were approved as written and mailed on the motion of Councilman Katzakian, Brown second. PUBLIC HEARINGS HARRISON ANNEX Notice thereof having been published in accord - WITH C-1 &nee with law, Mayor Culbertson called for the ZONING public hearing on the proposal to annex the Harrison Addition with the request for C-1 zoning on the property. City Manager Glaves read the conclusions from the Planning Com- mission public hearing on the question at its June 27, 1960 meeting. The Commission recom- mended against the annexation of this property with C-1 zoning by a 6 - 1 vote with two Commissioners abstaining because of personal interest. A written protest was introduced by the Deputy City Clerk as having been received prior to the public hearing. This protest was signed by all of the property owners in the Harrison Addition and objected to annexation except with C-1 zoning. Lindsay Marshall, Attorney, representing Mr. & Mrs. Paul Harrison, traced the history of the proposed annexation and C-1 zoning of this property. He read section 4-2 of the City of Lodi Zoning Ordinance (Ord. #469) defining the City Council's authority to act in these matters. Mr. Marshall then displayed and described an architects sketch of the proposed commercial development of the property. He questioned where else a neighborhood shopping center could be located in this fast -developing residential area. He went on to cite other reasons in favor of the development and in answer to the Planning Commission's objections. The following persons appeared to state their views in favor of commercial zoning for this property: Mr. & Mrs. Paul Harrison, 1301 West Lodi Avenue; Mr. Irving Baker, 344 LaVida Drive; Mr. Ed Ehrhardt, 211 S. Ham Lane; Mrs. Alfred Perry, 215 S. Ham Lane; Mr. Emil Klapstein, 106 S. Fairmont Ave.; Mrs. Phoebe Schwemmer, 1214 W, Lodi Avenue; Mr. Irvin Bender, 1707 W. Locust Street. The below named people appeared to oppose the requested commercial zoning of this property: Mr. Clarence Swanson, 216 S. Ham Lane; Mr. Howard Blewett, 1344 W. Lodi Avenue; Mr. Oliver Lee, 220 S. Ham Lane. 27 Minutes of July 6, 1960 continued City Attorney Mullen advised the Council to consider the zoning first and separately from the annexation question. In the light of a recent Stockton court case decision it was discussed whether we would be in danger of facing an injunction from the disgruntled property owners in the area if it is zoned C-1. He pointed out that under the State Planning Act, Council doesn't have the power to legislate for an area outside the City. He recommended annexation first in order to conform with due process and then let the matter of zoning be raised. Planning Director Rodgers cited the Planning Commissions policy on Neighborhood Shopping Centers that was adopted shortly after the Master Plan went into effect and was used in rejecting this request. The present proposal conforms to most of the conditions. The Commission did find that it did conflict with similar facilities within approximately 1/2 mile, namely the Sunset Market and the Avenue Drugs. It also is debatable whether the proposed use would.be objectionable to adjacent prop- erty owners.- Councilman Katzakian expressed his concern regarding the similarity of this request to, the one overturned in the recent Stockton case decision. :The reasons Judge Dunne used as the basis for rejecting the rezoning of a residential corner for a com- mercial use included the fact that it did not conform to the master plan for that area; it constituted strip and spot zoning; and it was passed after the City -Planning Commission and County Planning Commission bad recommended against it. Councilman Katzakian felt it would be .asking for trouble to duplicate each of these arguments in -Lodi. City Manager Gloves expressed his fear of basing a vote on an architects pretty sketch since past experience has shown they are not dependable. In this case it would be very risky since the developer or lessors might back down if an injunction landed the case in court to be decided on legal questions. He discussed the Planning Commission efforts to stop strip zoning on West Lodi Avenue. .He discussed the effects of strip zoning. He urged that Council make its policy clear on West Lodi Avenue zoning and either zone it all commercial or keep the rest residential. This would make administrators statements lees contestable and save a lot of time and money as the various property owners feel the pull of commercial zoning and make their separate requests., . Councilman Katzakian stated that he was against strip zoning on major streets.. He also could not see fit to - give commercial. zoning to one corner of -an intersection and not the others. He noted that if the Council rejected commercial zoning the property owners petition would result in the cancellation of the annexation by protest and annexation could not be reconsidered for one year. City Attorney Mullen suggested that the one year delay might be avoided by continuing the ennexati.on.hearing to the next meeting, thereby giving the owners time to reconsider their request. He informed the owners of the difficulties they might face in case an injunc- tion were filed. Eno Minutes of July 6, 1960 continued Councilman Mitchell moved that the property be annexed with C-1 zoning. The motion failed for the lack of a second. Councilman Kat- zakian moved that if the property be annexed it shall not be zoned C-1. Councilman Brown second. Several Councilmen spoke on the question. The motion carried 4 - 1- Coun- cilman Mitchell opposing. Councilman Kat- zakian moved, Mitchell second, that the pub- lic hearing on the annexation of the Harrison Addition be continued to the next meeting, July 20, 1960. Motion carried unanimously. REZONE WEST Notice of hearing having been published in SIDE N. CHURCHaccordance with law, Mayor Culbertson called BETW. LOUIE & for the public hearing on the proposal to TURNER RD. rezone property on the west side of North Church Street between Louie Avenue and Turner ORD. NO. 679 Road from R-2 single family residential. A INTRODUCED written protest to the proposed rezoning was received from Mr. and Mrs. Dean Buttell, 227 Louie.Avenue, Lodi. There were no oral pro- tests to the rezoning proposal nor were there any proponents at the public hearing. Plan- ning Director Rodgers reviewed the City Plan- ning Commission action in recommending the approval of this rezoning. Councilman Kat- zakian expressed himself in favor of the pro- posal as compatible with the residential uses in the area. Councilman Brown introduced Ordinance No. 679, Katzakian second, rezoning the area from the R-2 one family residential zone to the R-3 limited multiple family resi- dential.zone. 'The action passed unanimously. PLANNING COMMISSION REPORTS _ DONNER DRIVE Planning Director Rodgers reported that at its APPRaY ED meeting on June 27, 1960 the 'Planning Commis - cion recommended the street which lies to the north of the new Lawrence Ranch School be named Donner Drive. .This name has the approval of the School Board and conforms with the general street name pattern in the Lawrence Ranch Subdivision. Councilman Katzakian moved, Brown second, to name said etreet Donner Drive. The motion passed unanimously.' Planning Director Rodgers also reported other actions taken by the Planning Commis$ion at its June 13th and June 27th meetings. COMMUNICATIONS• APPEAL - A written protest and appeal was received to P.C. ACTION the Planning Commission's action at its June F. SCHUELER_ 27, 1960 meeting where it approved unanimously USE PERMIT a use permit for Mrs:'Frieda Schueler to operate a rest home at 729 North Pleasant Avenue. The appeal was signed by Ray A. Leach of 720 North Pleasant Avenue. Attached to the appeal was a petition bearing signatures of 54 Lodi citizens protesting;t4e action of the Planning Commission in granting this use.permit. Councilman Katzakian moved, Brown second, to set a public hearing on the question for 8:00 p.m., July 20, 1960. The motion passed unanimously. OR Minutes of July 6, 1960 continued CLAIM FOR A claim for $15,000 damages was received from DAMAGES Daniell Lester Heller of 522 South Church Street, Lodi. The claimant, a minor, fell from his.bicycle and suffered various injuries while riding on Lockeford Street close to its intersection with Cross Street. Councilman Brown moved, Katzakian second, to reject the claim and refer the matter to the City's insurance carrier. The motion passed unani- mously. CITY MANAGERS REPORTS CLAIMS Claims in the amount of 8341,885.75 were approved on themotion of Councilman Brown, Ullmann second. CARDINAL- City Manager presented the following tabula- RIBIER tion of bids received for furnishing and LIGHTING DIST. installation of street lights in the Cardinal- Ribier Lighting Districts RES. NO. 2340 ADOPTED Collins Electric Company $ 59949.00 Ets-Hokin & Galvan 6,666.00 Electrical Equipment Company 6,972.00 Abbett Electric Corporation- 13055.00 OIL AND GREASE Specifications were presented for the periodic SPECS ADOPTED purchase of oils and greases for the period from August 1, 1960 to March 1, 1961. This was done after considerable investigation by Finance Director Fred Wilson revealed that March is the best time to call for bids on these products. On motion of Councilman Katzakian, Mitchell second, the Council adopted the specifications for oils and greases and called for bids. On motion of Councilman Mitchell, Katzakian- second, the Council adopted -Resolution No. 2340 awarding the contract to the low bidder, Collins Electric Company of Stockton. 24" CONCRETE City Manager Glaves reported the following PIPE BIDDING tabulation of bids received for 915 feet of RESULTS 24 -inch concrete pipe for the storm drainage system east of the Freeway By-passs RES. NO. 2341 ADOPTED Mumbert Concrete Pipe Company $ 2,580.30 Spiekerman Concrete Pipe Company 2,598.60 On motion of Councilman Mitchell, Ullmann second, the Council adopted Resolution No. 2341 awarding the contract to the low bidder, Mum - Bert Concrete Pipe Company of Lodi. AUTHORIZE City Manager Glaves presented a resolution pro- COUNTY•TO viding for the collection of special assess - COLLECT DE- ments for street light construction on the LINQBENT ST.- Tokay Street and Vine -Windsor Street Lighting LIGHT ASSESS- Districts by the County Tax Collector. Coun- MENTS cilman Brown moved, Katzakian second, to adopt Resolution No. 2342 putting these RES. NO. 2342 delinquent street light assessments on the ADOPTED 1960-61 property tax rolls. The resolution passed unanimously. OIL AND GREASE Specifications were presented for the periodic SPECS ADOPTED purchase of oils and greases for the period from August 1, 1960 to March 1, 1961. This was done after considerable investigation by Finance Director Fred Wilson revealed that March is the best time to call for bids on these products. On motion of Councilman Katzakian, Mitchell second, the Council adopted the specifications for oils and greases and called for bids. 30 Minutes of July 6, 1960 continued BLAIR BROS. A memorandum from the Public Works Department DRIVEWAY reported favorably on the Blair Brothers REQUEST SCHOOL Service Station at the corner of School and AND ELM STS. Elm Streets to adjust its driveway arrangement to better conform to the remodeling of their station. The City will lose one substandard parking space.in the process. On motion of Councilman Katzakian, Brown second, the Coun- cil approved the Blair Brothers driveway re- quest. KILLELEA AND City Manager Glaves reported that on June 29, COOK RE ZLRWED1960 a majority of the City employees voted to To PENSION BD, re-elect Tom Killelea and Pat Coon to the Pension Board, each for a two year term. KIRBY ANDERSON Councilman Brown reported that the Pension REAPPOINTED TO Board met and requested that the City Council. PENSION BD. reappoint Kirby Anderson as the fifth member of the Pension Board. On motion of Council- man Katzakian,.Mitchell second, the Council reappointed Kirby Anderson to the Pension Board for a two year term. PERSONNEL City Manager Glaves reported that Robert CHANGES AT Mendez has been promoted to fill the Park LODI LAKE Foreman vacancy left by Clarence Elder's EXPLAINED retirement. He noted that Mendez will not be replaced since Mr. Elder's former caretaker duties at the lake are being absorbed by two temporary auxiliary policemen and a night watchman. Since these part-time patrolmen will only be used during the Lake season, -it' is expected that their cost will not exceed that of replacing Mendez. It is felt this will aid the enforcement of the new Park Ordinance. ORDINANCES MARCHESE ORDINANCE NO. 676, entitled "AN ORDINANCE ANNEXATION APPROVING THE ANNEXATION OF -CERTAIN UNINHABITED TERRITORY, DESIGNATED 'MARCHESE ADDITION' TO ORD. NO. 676 THE CITY OF LODI", having been introduced at ADOPTED the regular meeting of June 15, was brought_..., up for passage on motion of Councilman Brown; Katzakian second. Second reading was omitted after reading by title, and was then passed, adopted and ordered to print by the following.` vote: AYES: Councilmen - Brown, Katzakian, Mit-, chell, Ullmann and -Culbertson NOES: Councilmen - None ABSENT: Councilmen - None PARK REGULA- ORDINANCE NO. 677, entitled "REGULATING CONDUCT TIONS IN PUBLIC PARKS; PROVIDING FOR ENFORCEMEITTS; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS", having been introduced at the regularly adjourned meeting of June 22, was brought up for passage on motion of Coun- cilman Katzakian, Brown second. Second read- ing was omitted after reading by title, and was then passed, adopted and ordered to print by the following vote: 31 Minutes of July 6, 1960 continued ORD. N0. 677 AYES: Councilmen - Brown, Katzakian, Mit. ADOPTEDchell, Ullmann and Cul- bertson NOES: Councilmen - None ABSENTS Councilmen - None 1960-61 BUDGET ORDINANCE NO..678, entitled "ADOPTING A BUDGET FOR THE SUPPORT OF THE VARIOUS DEPARTMENTS OF ORD. NO. 678 THE CITY OF LODI FOR THE FISCAL YEAR BEGINNING ADOPTED JULY 1, 1960 AND ENDING JUNE 30, 1961", having been introduced at the regularly adjourned meeting of June 22, was brought up for passage on motion of Councilman Katzakian, Brown second. Second reading was omitted after reading by title, and was then passed, adopted and ordered to print by the following vote: AYES: Councilmen - Brown, Katzakian, Mit- chell, Ullmann and Cul- bertson NOES: Councilmen- None ABSENT: Councilmen - None LOCKEFORD ST. City Manager Glaves presented the preliminary WIDENING PLANS plans for the widening of West Lockeford Street PRESENTED between Pleasant Avenue and California Street for Council approval. This approval is needed - in order to go ahead with final design and engineering studies as well as the acquisition of right-of-way. The work is planned for the spring of 1961. Councilman Katzakian moved, Brown second, to.approve the plans as presented. The motion passed unanimously. CONGRATULATICW Councilman Brown announced that he had received RECEIVED a telegram from the Mayor of Kofu, Japan, con - JULY 4 -PROM gratulating Lodi and the United States on the MAYOR OF KOFU, occasion of its independence day celebration. JAPAN The telegram was received and filed. On motion of. Councilman Katzakian, Mitchell second, the Council adjourned.at 10:07 P.M. 7:�F�R �KC ATTESTTNN Deputy City Clerk