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HomeMy WebLinkAboutMinutes - October 19, 196053 CITY COUNCIL, CITY OP LODI CITY HALL COUNCIL CHAMBERS OCTOBER 19, 1960 This regular meeting of the City Council of the City of Lodi held beginning at 8:00 p.m. of Wednesday, October 19, 1960. Councilmen Brown, Katzakian, Mitchell, Ullmann and Culbertson (Mayor) present; none absent. Also Present: City Manager. Glaves, Administrative Assistant Carlton, City Attorney Mullen and Planning Director Rodgers. MINUTES: Minutes of October 5, 1960 were approved as written and mailed on motion of Councilman Katzakian, Brown second. PUBLIC HEARINGS HARRISON Notice thereof having been published in accord - REZONING TO ance with law, Mayor Culbertson called for C_1 public hearing on the appeal of Mr. Paul Harri- son, et al, from the decision of the Planning Commission in denying their request for re - ORD. N0. 683 zoning of 2.76 mores on the west side of Ham INTRODUCED Lane between Lodi Avenue and Walnut Street from -the R-1 single family residential zone to the C-1 neighborhood commercial zone. City Manager Glaves read the .report from the Plan- ning Commission which denied the request for rezoning for the following reasons: 1. The Commission feels that commercial zoning and development.of this one corner will lead to immediate requests for commercial zon- ing of the other three corners of the inter- section. These corners are similarly situated and it would be difficult then to deny such requests. 2. Commercial development at this inter- section would encourage the strip commercial development along West Lodi Avenue to the detriment of the nearby homes and with a sub- stantial reduction of the traffic capacity of this major street. 3. The location does not meet the stand- ards established by.the,Planning Commission policy on neighborhood shopping centers since it is within one-half mile.of similar existing facilities. 4. Commercial development in this area would adversely affect the high school since it would tend to draw additional students from the school lunch facilities. 5. The Commission feels that the shop- ping center should be located further away from similar establishments and closer to the potential area it would serve. The City Manager then read the appeal of the property owners which stated that: 1. The proposed land use is compatible with the shopping center policy adopted by the Planning Commission in 1955. 54 Minutes of October 19, 1960 continued 2. There are not adequate facilities of the type proposed to serve the growing area to the west and to the south. 3. The proposed development would not create more of a student control problem for the high school than is already present due to the Sunset and Sell -Rite developments. 4. The shopping center is being designed - to be compatibly placed in a residential neigh- borhood. 5. There is no other available land which can be developed into a neighborhood shopping center located centrally in the west part of Lodi. Mayor Culbertson invited those in favor of the rezoning to be heard. Mr. Lindsay Marshall, representing the appellants, stated: 1. The Planning Department had recom- mended the rezoning under certain conditions which would benefit the surrounding area. 2. A shopping center at this location would eliminate strip zoning along West Lodi Avenue as it would be adequate to serve the area. 3. There were no alternate sites which were centrally located tv serve the people in this area. 4. It -would not affect the high school since the students leave the school grounds in any case. 5. It would not be detrimental to the residential -area as the shopping center is attractively planned. Mr. Marshall also stated that having shops on all corners of the Lodi -Ham intersection would not be feasible, but that the proposed shopping center would be ample for shops and parking and would adequately serve the needs of the area. Mr. Irvin Bender; 1707 West Locust Street, stated his views had been summed up by Mr. Marshall -and added that the Planning Commission had rejected the original proposal for a super market and now did not want to change their minds. Mr. Robert Houston, one of the developers, stated that the shopping center at this location would be good land use, would be convenient and attractive and fits the Master Plan. Mr. Irving Baker, 344 La Vida Drive, said the shopping center would enhance his nearby subdivision. The following people also spoke in behalf of the rezoning: Mr. Paul Harrison, 1301 W. Lodi Avenue; Mr. Ed Ehrhardt, 211 S. Ham Lane; Mrs. Alfred H. Perry, 213-5. Ham Lane; Mr. Emil Klapstein, 106 S. Fairmont Avenue; and Mr. Schwemmer, 1214 W. Lodi Avenue. Letters favoring the rezoning were also received from the following people: Mrs. Zoeta Hauser, 55 Minutes of October 19, 1960 130 S. Ham Lane; Mrs. Cora B. Cheatham, 713 S. Fairmont; Mrs. Frankie B. Mullen, 142 S• Sunset Drive; Mrs. Mary Teierle, 1215 W. Lodi Avenue; Ed and Martha Frerk, 1519 Holly Drive; and Mr. and Mrs. Philip Dorheim, Ham Lane and Gerard Drive. The Mayor then asked to hear from those against the rezoning. Mr. Robert H. Rinn, 820 West Walnut Street, stated. that: 1. The reasons of the Planning Commis- sion for denying the rezoning were fundamentally sound. 2. The property in question is not large enough for a shopping center. 3. It will open the way for other com- mercial development in this area which will be detrimental -to the residential area. 4.There is no present need for a shop- ping center in the area and if there were, there -is commercial property available south of Lodi Avenue. Mr. Howard Blewett, 1344 W. Lodi Avenue, con- curred with Mr. Rinn, Mrs. Albert Dehr, 32 South Ham Lane, stated the had heard plane were being made for a shopping center south of Lodi Avenue so no need for one at this site; ttr. Albert Dehr said there is no need for a shopping center at this site as he is already within walking distance of two shopping areas and it is unfair to new residents in the area to change the residential character of the area, increasing the traffic, etc. Letters against the rezoning were also received from Mr. Oliver Lee, 220 South Ham Lane, and Dr. Fredrick J. Lieb, 216 South Ham Lane. All those in the audience desiring to speak having been heard, Mayor Culbertson stated that the Planning Commission had adopted a policy on neighborhood shopping centers in 1955 and that the proposed shopping center complied with the requirements of the policy, being within the size required and also at least one-half mile from other shopping centers. Councilman gatzakian said that he did not favor the rezoning, that if this property were rezoned the other three corners would be committed also and that it would lead to additional strip zoning. Councilman Mitchell stated he agreed with the .statements made by Mr. Marshall endorsing the rezoning. Coun- cilman Brown said he could see nothing wrong with a shopping center at this location. Mayor Culbertson stated that the present policy on neighborhood shopping centers should be reviewed, but that the proposed shopping center met present requirements and even if the Council decided to approve rezoning this property, it did not follow that the Council should approve rezoning the other corners of Ham and Lodi Avvnue. Councilman Katzakian 56 Minutes of October 19, 1960 continued stated that the other three corners would not build residential and that a regional shopping center would be better than small shopping centers. City Manager Glaves stated that the present policy needed clarification particu- larly in regard to strip zoning. He stated an area of identical size already zoned C-1 was available for commercial development at the southeast.00rner of Lodi Avenue and Fair- mont, well within the 1/4 mile radius of the presently proposed site. Mayor Culbertson said that facilities do not exist there and that the Sunset Market would not qualify as a shopping center. Councilman Mitchell moved the adoption of Ordinance No. 683 rezoning the property on the west side of Ham Lane between Lodi Avenue and Walnut Street from R-1 single family residential to the C-1 neighborhood commercial zone, with the under- standing that the property would be developed in accordance with the plans presented to the Planning Commission. The motion was seconded by the Mayor. Mr. Rinn reiterated that there was no need for a shopping center in this area. The City Manager stated that it should be developed in an enlightened manner or the City would have more strip zoning. Mayor Cul- bertson felt that a shopping center at this location would terminate strip zoning along Lodi Avenue. The motion passed by the follow- ing vote: Ayes: Councilmen - Brown, Mitchell, Ullman and Culbertson Noes: Councilmen - Y.atzakian Councilman Katzakian then moved that the Planning Commission study the shopping center policy including corners and strip zoning. Motion seconded.by Councilman Mitchell and carried. PLANNING COMMISSION The City Manager reported the following actions of the Planning Commission: 1. Approved the request of Mr. Robert Litfin for a use permit to operate a miniature golf course at 1445 South Cherokee Lane in the C-2 commercial zone. 2. Denied the request of Mrs. Lillian Jensen for &.variance to relocate a noncon- forming dwelling on her property at 1207 South School Street in the R-2 residential zone. 3. Approved the request of Mr. Albert Dais for a use permit to operate a temporary real estate tract sales office at 1731 West Lodi Avenue in the R_2 residential zone. 4• Denied the request of Mr. Howard Costa for a variance to erect a six foot fence in the street aide yard of his property at 301 forth Crescent Avenue in the R-2 residen- tial zone. 67 Minutes of October 19, 1960 continued 5. Recommended approval of a County use permit for the Signal Oil and Gas Company to operate a service station at the southeast corner of Kettleman Lane and Lower Sacramento Road in the PA -1 zone. COMMUNICATIONS THANKS FROM Letter from Mayor Thomas E. Marnoch of Stockton STOCKTON thanking the City Council for its support in bringing the California Youth Authority facility to the Stockton area. Mayor Culbertson thanked REPORTS OF Councilman Katzakian for the work he had done CLAIMS in this regard. PARKVIEW A. petition from property owners along Park - PAVING view Avenue asking that the paving be completed COPPER WIRE on the north end of Parkview Avenue to Turner Road. The petition was referred to the City Manager. COSTA APPEAL Appeal from Howard C. Costa from the decision RE FENCE of the City Planning Commission which denied RES. -N0. 2368 his request for a variance to permit the ADOPTED erection of a six-foot fence in the street side yard along the south property line at 301 North Crescent Avenue. The matter was set for public hearing at the meeting of November -2, 1960 on motion of Councilman Kat- zakian, Mitchell second. ABC LICENSE Notice of Application for Transfer of Alco- holic Beverage License, On Sale Beer and Wine, Audrey E. Nunes, Tony Nunes and Charlotte Petty, Club 15, 15 N. Sacramento Street. REPORTS OF THE CITY MANAGER CLAIMS Claims in the amount of $58,383.49 were approved on motion of Councilman Brown, Ullmann second. SPECS Specifications for approximately 6,579 feet COPPER WIRE of copper wire were approved and call for bids authorized on motion of Councilman Kat- zakian, Brown second. AWARD - The City Manager submitted a tabulation of bids CONCRETE PIPE on concrete pipe totalled as follows: RES. -N0. 2368 J.W. Mumbert Concrete Pipe Co. $ 4,023.20 ADOPTED Spiekerman Concrete Pipe Co. $ 4,048.70 On.recommendation of the City Manager, the City Council awarded the contract for concrete pipe to the low bidder, J.W. Mumbert Concrete Pipe Company, by adoption of Resolution No. 2368 on motion of Councilman Brown, Mitchell second. NO PARKING The City Manager then presented a memorandum N SIDE OF and sketch from the Department of Public LOCKEFORD AT Works which recommends that a no parking zone PLEASANT be established on the north side of Lockeford Street for 80 feet immediately east of Pleas- ant Avenue. The Southern Pacific Company has requested that parking be denied in this area as there is not enough room for trains to pass Minutes of October 19, 1960 continued RES. NO. 2369 when cars are parked there. On motion of ADOPTED Councilman Eitchell, Katzakian second, the Council adopted Resolution No. 2369 establish- ing the no parking zone as recommended. TURNER ROAD In regard to the question of a four -lane over - INTERCHANGE pass at the Turner Road Interchange, Mr. Glaves stated that he had discussed the interchange with representatives of the State Division of. Highways and had been informed that the State considers overpasses as part of its system and when widening of such structures has be- come necessary, it has been done at State expense so that the City need not become con- cerned about its being done at the present time. A letter to this effect has been re- ceived from Mr. Meyers, District Engineer. However, the Planning Commission recommended that direct access be made off of the free- way from the north onto Turner Road instead of as designed with the traffic going under Turner Road and then circling back to a stop sign at Turner Road where westbound traffic would be required to make a left-hand turn across eastbound Turner Road traffic. Mr. Bruno Dentino and Mr. Lewis Kreck were present from the State Division of Highways to explain the State's design for the interchange. Mr. Dentino. stated that the design for traffic from the North into Turner Road had proven satisfactory in other parts of the State and will easily handle more traffic than their estimates for Turner Road indicate. In order to have direct access to Turner Road from the north, the State would need to widen the bridge at the Prokelumne River; it would be an ex- pensive project which the State feels is not warranted for the amount of traffic using Turner Road. fir. Emil Bender and Mr. Ben . Bechthold expressed their dislike of the present design, pointing out the danger to traffic with heavy trucks turning into Turner Road particularly during the grape season. Councilman Katzakian stated that Turner Road had been Master Planned as a major street carrying traffic into Lodi and that the Turner Road Underpass was designed to expedite-the- flow xpedite the_flow of a large volume of traffic. The Coun- cil was in agreement with the contention of the Planning Commission that the design by the State would present traffic difficulties and would give preference to the Cherokee Lane, Lockef ord-Street, Pine Street pattern of entering the City rather than the Turner Road, Stockton Street, Church Street pattern which is the more desirable. Mr. Dentino said the State would probably be willing to buy the land necessary to provide direct access to Turner Road from the north in the event future traffic would warrant it. He also stated that a two weeks delay in approv- ing the plans would not hold up the project and that it was important to have a design that was acceptable to the City as well as the State. Councilman Katzakian moved that the revised design of the Turner Road Inter- change be approved with the exception of the 5.4 Minutes of October 19, 1960 continued off -ramp from the north and that the State be advised by letter of the City's reasons for desiring direct access from the north into Turner Road and requesting the State to con- sider revising the plan in this respect. The motion was seconded by Councilman Mitchell and carried. POLLUTION Mr. Glavea gave a report on the steps being CONTROL AT taken to control water pollution at the 303 - WHITE SLOUGH acre industrial wastes site and stated the cost of this project would be approximately $4,500. On motion of Councilman Brown, Ullmann second, the Council approved the program of the Department of Public Works to prevent con- tamination of White Slough and authorized the expenditure of $4,500 from the Contingent Fund for this purpose. EQUIP. MAINT: The City Manager stated that a survey of the MAN RECLASSI- Equipment Maintenance Man classification had PIED & SALARY been conducted by the State Personnel Board INCREASED which recommended that the job be reclassified to conform with the work being done and that RES. NO. 2370 this classification be raised one step in ADOPTED the pay scale. On motion of Councilman Brown, Katzakian second, the Council adopted the re - ORD. N0. 684 vised specifications for Equipment Maintenance INTRODUCED Man by passage of Resolution No. 2370. The Council then introduced Ordinance No. 684 establishing the wage scale for Equipment Maintenance Man at $376-395-415-436-458 effective October 1, 1960 on motion of Coun- cilman.Brown, Katzakian second. WINE GROWERS Mr. Glaves reported that the Superintendent GUILD STANDBY of Utilities had been contacted by the Wine WATER SERVICE Growers Guild which was requesting that a change be made in the City's services to the Guild for standby water in order to provide additional fire protection for all of the Guild's buildings. The additional service will require that the gate valve remain open which will make it necessary for the Guild to increase their water pressure to a level greater than the City's. However, if the pressure in the Guild system.should drop below the City's, .the City water would enter the Guild system. The Superintendent of Utilities recommends that in the event the Council approves the request for additional service, a compound meter be installed, at the expense of the Wine Growers Guild, in order to have a record of which way the water is flowing. ,The City Manager explained that granting the additional service would be a revision in policy and he feels that a letter should be obtained from the Guild stating it would not object to annexation by the City. Mr. Charles Welch, Assistant General Manager of Wine Growers Guild, stated that he could not speak on behalf of the Guild's Board of Directors, but he felt that they would be willing to annexation when desired by the City. He also stated that the use of the water was covered in the present agreement and that their water pressure would be stepped up so ME Minutes of October 19, 1960 continued that City water would be used only on a stand- by basis. Councilman Brown moved that the request of Wine Growers Guild be approved and that the City Manager, the Superintendent of Utilities and the Wine Growers Guild work out a satisfactoryamendment to the present agree- ment to provide for the additional service. The motion was seconded by Councilman Mitchell and passed unanimously. QUITCLAIM The State Division of Highways has requested EASEMENT IN that the City quitclaim a 5 -foot easement in FRONTAGE RD. property which has recently been deeded to RIGHT OF WAY the State by Mr. W.G. Micke for the frontage road and storm drainage area. Councilman Mit- chell moved that the Mayor and City Clerk be authorized to execute a quitclaim deed to the State for the 5 -foot easement across the Micke property. Motion was seconded by Coun- cilran Katzakian and carried. REZONE 300 Ba. ORDINANCE NO. 675, entitled "AMENDING THE S. ORANGE TO • OFFICIAL DISTRICT MAP OF THE CITY OF LODI AND R-4 THEREBY REZONING CERTAIN PROPERTY EAST OF THE 300 BLOCK OF ORANGE AVENUE TO BE IN THE R-¢. ORD. NO. 675 MULTIPLE FAMILY -INSTITUTIONAL RESIDENTIAL. - ADOPTED ZONE," having been introduced at the regular meeting of May 18, 19609 was brought up for. passage on motion of Councilman Mitchell, Ullmann second, a deed for street right of way and letter agreement for improvement thereof at the property -owner's expense having been received from the property owner. 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,'Mi-t- chell, Ullmann and Culbertson NOES: Councilmen - None ABSENT: Councilmen - None DIRECTING Condemnation of the Graffigna property, re- CONDEM7ATION quired in connection with the City's future GRAFFIGNA storm drainage ditch to -be placed between the PROPERTY proposed freeway and frontage road in accord- ance with an agreement with the State, having RES. NO. 2367 been authorized by the Council at its meeting ADOPTED of October 5, 1960,•City Attorney Mullen read in full proposed Resolution No. 2367 authoriz- ing and directing condemnation of said prop- erty. On motion of Councilman Katzakian, Brown second, the City Council adopted Reso- lution No. 2367 by unanimous vote. Mr. Loren Cromwell, President of the Lodi City Employees Association extended an invitation to the Council and City Manager to attend a regional meeting of the California City Employees Association on November 19, 7:30 p.m., El Charro. Council then adjourned on motion of Councilman Katzakian. ATTEST: BEATRICE GARIBALDI City Clerk