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HomeMy WebLinkAboutMinutes - March 20, 1957131 CITY COUNCIL, CITY OF LODI COUNCIL CHAf•:BER, CITY HALL MARCH 20, 1957 This regular meet -ng of the City Council of the City of Lodi held beginning at 8:00 o'clock p.m. of Wednesday, March 20, 1957; Councilman Fuller, Hughes, Katzakian, Robinson, and Mitchell (Playor) present; none absent. City Manager Weller and City attorney Mullen also present. Minutes of the previous meeting of barch 6, 1957, were approved as written and mailed with the followinP corrections. In the paragraph entitled "Central Valley Traction Company Relocate BuildinE", the underlined word "Valley" is corrected to read Cal- ifornia. "Councilman Robinson's statement in the paragraph entitled "Lodi Lake Park Abandoned by State", is correctea to read as follows: "Councilman Robinson stated thatalthough he did not question the authority of the State Division of Beaches and Parks to eliminate Lodi Lake Park from the State Park system, he felt it was very unfair f^r them to place the blame for their action on Mr. Howard ?.iason and Mr. J. N. Ballantyne." PUBLIC HEARINGS REZONING LOTS The Mayor called for protests to the proposed re - 16 AND 17 zoning of Lots 16 and 17, Crescent !Manor Subdi- CRESCENT 1�ANOR vision from R-3 to R-4. No protests were offered SUBD. either written or oral. Ordinance No. 588, ORD. NO. 568 grantinP the rezoning as recommended by the INTRODUCED Planning Commission, was introduced on the motion of Councilman Hughes, Fuller second. REZuNING POR. The Mayor then called for those persons interested OF BLK. 1, in the rezoning of Lots 6, 7, 8, 9, 10, in Block STURLA SCHOOL 1, of the Sturla School Addition from R-4 to C-1, ADD. to present their arguments. No protests were offered. Councilman Katzakian explained to the Council that he had a personal interest in the ORD. NO. 589 rezoning of this property, and that he would there - INTRODUCED fore like to withdraw from the discussion or voting in this rezoning matter. Ordinance No. 589, approving.the rezoning as recommended by the Planning Commission was introduced on the motion of Councilman Fuller, Robinson second. The motion carried by the following vote: AYES: Councilmen - Fuller, Hughes, Robinson and Mitchell NOES: Councilmen - None ABSTtiIN: Councilmen - Katzakian HAUSAUF.R APPEALMayor Mitchell then opened the meeting to the con- sideration of an appeal from the decision of the City Planning Commission at its meeting of Feb- ruary 25, 1957, granting a use permit for the maintenance of an automobile wrecking yard at 014 South Main Street. The use permit was Qranted to Mr. Emil Hausauer. The minutes of the City Planning Commission meeting granting the use per- mit were read by the City Manager. A letter sub- mittedby Mr. F. I. Collier, of 615 South Stockton Street, protesting the use permit was read by the City Clerk. fdrs. Collier addressed the Council to state that the neighborhood has been uniformly opposed to granting a use permit for a wrecking Minutes of March 20, 1957, continued 132 yard. Mr. Henry Bohnet, 609 South Stockton Street, stated that he objected because the burning of automobile bodies would create a nuisance. Coun- cilman Robinson then stated that he felt a use permit was protection to the property owners in that conditions to the use permit could be stip- ulated by the Planning Commission. Councilman Katzakian pointed out that the property in question at 615 South Main Street was zoned for industrial purposes, and he felt that it would be difficult to rind a more suitable site for a wrecking yard _ than the one proposed. On the motion of Council- man Robinson, Katzakian second, the Council voted to sustain the action of the City Planning Commission in granting a use permit to Mr. Hausauer for the operation of an automobile wrecking yard at 615 South Main Street. SOUTHERN BAPTIST Mayor Mitchell called for public hearing on the itEQUEST request of the Southern Baptist Church for the annexation of its property on West Lodi Avenue to the City. There were no protests received ORD. NO. 587 either written or oral. Ordinance No. 557, INTRODUCED approving the annexation of the Southern Baptist Addition, was then introduced on the motion of Councilman Hughes, Councilman Katzakian second- ing. SWIh141ING POOL City Attorney Mullen then explained to the City CONSTRUCTION Council that the Recreation Department had made efforts to negotiate on the open market for the construction of the swimming pool as authorized by the City Council at a previous meeting. Mr. hlullen explained that there was still more than one contractor interested in construction of the pool and that negotiations have beccme quite com- plicated. He therefore recommended that the adjusted specifications be published and that the City advertise for new bids for the con- struction. Councilman Katzakian stated he was very anxious to see the construction of the pool started and was unhappy at the prospect of further delay, but since it was the City Attorney's recommendation that new bids be taken, he moved to reset the matter for the opening of sealed bids on April 12, 1957. Councilman Fuller stated that he was also very anxious to see the pool in operation this summer, and he felt that with the adoption of this motion an orderly start could be taken on the pool. He then seconded the motion of Councilman Katzakian. The motion carried by unanimous vote. CITY PLANNING CONUIISSION RODINE SQUARE Mr. Weller reported from the minutes of the SUBDIVISION City Planning Commission that the tentative map of Rodine Square Subdivision, referred back to the Planning Commission by the City Council, had been given careful consideration, but the Commission voted to reaffirm its previous action. Councilman Hughes then moved, Katzakian second, to accept the report from the Planning Commission. Councilman Rob- inson stated that he still did not agree with the action of the City Planning Commission and he would like to protest the approved map. 1viinutes of ;-iarch 20, 1957, continued 138 He stated he did not think the cul-de-sac is good planning. The motion was then carried by the following, vote: AYES: Councilmen - Fuller, Hughes, Katzakian and Mitchell NOES: Councilmen. - Robinson ABSENT: Councilmen - None KRISTI�:ONT The final map of Kristmont acres #2 was submitted ACRES #2 for approval. On the motion of Councilman Kat - APPROVED zakian, Hughes second, the Council approved the final map and authorized the Mayor to sign. CHANGE NAKE OF Recommendation from the City Planning Commission CALIFORNIA ST. for a change in street name of that portion of IN WILLOW California Street lying north of Turner Road as GLEN SURD. shown on the map of Willow Glen Subdivision was presented to the City Council. The Planning Com- mission felt that termination of California Street HES. NO. 2008 on the south side of Turner Road would create ADOPTED less confusion on the part of the public than ex- tending it north of Turner Road, where it would terminate into Edgewood Drive. The Planning Commission reco=ended that the name of that Dor- tion of California Street north of Turner Road be changed to Edgewood Drive. After brief discussion, Councilman Fuller moved, Katzakian second, the adoption of Resolution No. 2008, changing the name of California Street to Edgewood Drive North of Turner Road. The motion was carried by unanimous vote. COK!v!UNICATIONS SPORTSi.AN'S A letter from the Lodi Sportsman's Club requesting CLUB that the City of Lodi discontinue the use of prop- erty owned by the Sportsman's Club just east of the City -owned dump grounds in the Southeast ':uar- ter of Section 36 along the South bank of the No- kelumne River until such time as arrangements be made for the use of said property. In this letter the Club stated that they desire the City to move the solid fill which is presently on the City property to the Sportsman's Club property. Coun- cilman Fuller suggested that the letter be referred to the City ;Manager for a report at its next meet- ing. At the sugestion of the City Attorney, the Council suggested to the Sportsman's Club that it submit a letter to the City Council stating their proposal for the use of the land and their future plans for the area as a means of establishing a basis for further discussion of the Droblem. Mr. Jim Flood addressed the Council from the audience, stating that such an arrangement was agreeable since the letter before the City Council was for the purpose of getting a meeting between the Sportsman's Club and the City Council. DAVIS EASE- A letter from ;Marvin Davis stating that the ::bNT chimney of his home in Century Manor Subdivision has suffered damage as a result of settling of ground over a trench in which the City has placed a utility line. He reported that he had been in- formed by a contractor that unless corrections were made, the settling would continue and the 4,84 Minutes of March 20, 1957, continued damage to his home would increase. He stated this line had been installed without his :knowledge and without securing the necessary easement from the property owners. On the motion of Councilman Fuller, Hughes second, the letter was referred to the City Attorney_ for investi- gation. SULIVAN TRAILER Letter from Miss Muriel Sullivan, requesting _- REQUEST permission to park her house trailer at the rear of the building on North Hutchins Street just east of California Street in the Kundert Subdivision. She explained that she had rented a space in the building for the operation of a dance studio and wished to place the trailer at the rear of the building and attach water and sewer service as a matter of convenience to her. Since the property reared on the rail- road right-of-way, she felt it would not create a disturbance to the surrounding prop- erty owners. City Attorney Mullen advised the City Council that Ordinance No. 248 of the City of Lodi limited the parking of trail- ers to public camp grounds or trailer courts which are established under the provisions of this ordinance. He explained that trail- ers may be parked on private property on a temporary basis but their use is limited to temporary sleeping quarters. On the motion of Councilman Hughes, Fuller second, the letter was referred to the City Attorney for reply to the applicant. LETTER FROM SENATE Letter from State Senator Allen Short, ack- 5ENhTOR SHORT nowledging receipt of the Resolution of the ACKNOWLEDGING City Council supporting assembly bill No. RECEIPT OF RES. 2229 which would give relief to the City of Ripon in its effort to dissolve a lighting district. Senator Short advised that he had an interest in this bill and would handle it when it reached the Senate. He asked that the City Council be assured their rec- ommendations are welcomed by him.and he invited them to'keep him informed on pending legislation. REPORTS OF THE CITY MANAGER CLAIMS Claims in the amount of $96,221.88 were approved on the motion of Councilman Robinson, Katzakian second. WIDENING OF S. The City Manager reported that the City Engineer STOCKTON ST. had investigated the building line of the Cal- ifornia Fruit Exchange on South Stockton Street as requested by the City Council at the last meeting. The City Engineer reported that the loading dock of the California Fruit Exchange extends to its east property line which would make the widening of Stockton Street on the west side impracticable at this time. He pointed out, however, that there are other areas on Stockton Street which would make widening difficult, but since it would take many ;rears to achieve the widening, the City Engineer recommended the practical solu- tion is to perform those portions of the work whenever opportunities present themselves. The City Engineer also reported that Stokley Van Camp, Inc. owns a substantial portion of Minutes of I• -arch 20, 1957, continued 135 to frontage on South Stockton Street two lots south of the Traction Comrany ^rorerty. E stated t :at Stoklev Van Cam-) has Daved its lot and has started the paving at a point to permit widening in conformity with the Diaster Plan. The two intervening properties are residential and he sug_ested that it might be possible to secure the dedication of lands from these property owners to secure a total of 400 feet in one strip. Councilman Robinson stated that he felt it would be worth while to widen the street even if the two residential properties were not willing to dedicate the land at this time. He then moved, Katzakian second, to authorize the widening of South Stockton Street including the two inter- vening residential lots if possible. The motion carried by unanimous vote. LOADING ZONE The City i•anager reported that at a previous REgUEST meeting of the City Council it had heard the oral request for a loading zone to be located at 14 North iviain Street. The matter had been referred to the City Engineer who reported he had investi- gated the request and found that the applicant felt the loading zone was required to move boats in and out of his establishment, since he did not have access to the alley. The City Engineer reported that he had learned the loading zone was required on an irregular basis and that he had suggested the applicant secure a "No Parking" sign from the Police Departrient which could be set uD as needed. He had discussed the matter with the Chief of Police who concurred with the recommendation. No further action was taken. TA:iDE.�i ROT.R The City Manager reported that two bids had been BIDS received for a tandem roller. Onlv one of the bids had met the specifications. The qualified bid was from the 74estern Traction Company for a RES. NO. 2007 "Huber lvarco'T roller in the amount of $4,403.56. ADi;PTED un the motion of Councilman Hughes, Katzakian second, the Council adopted :rtesolution No. 2007 awarding the contract to the Western Traction Company in the amount of 44,403,56. LITTLE LEGUE The City manager read a.letter from the Recreation BnSZBALL Kak Commission recommendinE. to the City Council that a request from the Junior Chamber of Commerce for permission to erect a Junior league baseball park in Blakely Park be granted with the follow- ir._ restrictions. 1. The J -Cees will have total sum on hand be- fore project is started. 2. Upon completion the J -Cees will turn the park over to the City, and will no longer retain any interest. 3. The J -Cees will use discretion in selling =ecce ads - Beer, Night Club and Cigaretts ads should be excluded. 4. The City will reserve the right to determine when sins on fence should be repainted by sponsor. 5. The Commission su-r,ests that instead of constructing a press box, money for this should be diverted for the Duroose of con- structing more bleachers and a score board for the nark. .136 11:inutas of h:arch 20, 1957, continued 6. If and when in the o_cinion of the Citv the fence becomes deteriorated to the joint where it should be completely replaced or done away with, the City will be the sole judge as to the outcome. The Commission reported that the Junior Chamber of Commerce have concurred :with the stipula- tions of the Commission and the Commission com7ended the Junior Chamber for its interest in this worthwhile activity. Councilman Rob- inson stated that he felt as long as the fence would be removable it would be acceptable to him. He then moved, Fuller second, the rec- ommendation of the Recreation CouLnission be accepted and the project authorized. The mo- tion passed by unanimous vote. OFF STREET PARKING ORDINANCE NO. 583, ENTITLED "AN ORDINANCE At,IND- REQUIRE ENTS ING SECTION 12.2 OF ORDINANCE NO. 469 ENTITLED, tAN ORDINANCE TO REGULATE, RESTRICT AL0 SEG- REGATE THE LOCATION OF INDUSTRIES, BUSINESoES, TRADES, APART:•:ENTS, DZiELLINGS A`JD OTHER SPECI- FIED USES, TO ?.EGULATE AND LIh:IT THE HEIGHT Abli.ND ZONING AiID BULK CF BUILDINGS HEREAFTER ERECTED; TO ORDINANCE REGULATE A, -;D DETE;R1,1INE THE ,REA vF YARDS AND OTHER OPEN SPACES; FOR SAID PURPOSES TO DIVIDE THE CITY INTO DISTRICTS; TO PROVIDE FOR ENFORCE- LLNIT AND PRISCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS; AND TO REPEAL ORDINANCE NO. 238 AND ALr OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERETdITH IN SO FAR AS SUCH CONFLICT oik Y EXIST', BY CHANGING THE ORD. NO. 583 REQUIREI%TENTS FOR OFF-STREET PARKING" , having AEE PTSD been introduced at the Marc:: 6, 1957 meeting, was brought up for passage on the motion of Councilman Katzakian, Fuller second. Second reading was omitted after reading by title, and was then passed, adopted and ordered to print by the following vote. AYES: Councilmen - Fuller, Hughes, Kat- zakian and Mitchell NOES: Councilmen - None ABSENT: Councilmen - None Ordinance No. 583 was then signed by Nayor itit- chell in approval thereof. REZC .ING BEL AIR ORDINANCE NO. 584, EiNTITLE'D, ?',L LADING TtE Si;3D. NO. 2 0 -FICIAL DISTRICT I.AP OF THE CITY OF LCDI AND THEREBY REZONING BEL AIR ESTATES UNIT NO. 2 TO cE IN THE R-2 DISTRICT", having been intro- duced at the i-iarch 6, 1957 meetinz, was brought up for passage on the motion of Councilman Hughes, ORD. NO. 584 Robinson second. Second reading was omitted ADOPTED -after reading by title, and was then passed, adoptea ana oraered to print by the following vote: - AYES: Councilm-in - Fuller, Hughes, Katzakian, Robinson and iditchell NOES: Councilmen - None ABSENT: Councilmen - None I•iirutes of March 20, 1957, continued 137 Ordinance No. 584 was then signed by i,iayor i+iit- chell in approval thereof. NO. 585, ENTITLED, "AKELADING THE OFFICIAL REZONING LOCKE_,O.DINANCE DISTRICT 'SUP OF THE CITY OF LODI AtiD THEREBY RE- FORD AND HAti, ZONING PROPERTY ON THE NORTHWEST CORNER OF LOCKE- LINE FORD STREET AND HAM LANE TO BE IN THE R-4 DISTRICT", having been introduced at the Miarch 6, 1957 meet- ing, was brou-ht up for passage on the motion of Councilman Robinson, Katzakian second. Second reading was omitted after reading by title, and was then passed, adopted and ordered to print ORD. NO. 585 by the followin-- vote: ADOPTED AYES: Councilmen - Fuller, Hughes, Katzakian, Robinson and Mitchell NOES: Councilmen - None ABSENT: Councilmen - None .Ordinance No. 585 was then signed by Mayor Mit- chell in approval thereof. >`EAT SALES ORD. Lir. Weller reported that he had placed the question of repealing Ordinance No. 271, limiting the hours of business for selling of uncured and uncooked meats on the agenda at the request of three City Councilmen. He reported that at recent meetings of the Cities and County of San Joaquin Association the question of limiting meat sales had been in- vestigated. A committee report on the subject had been presented to the Association finding that the regulation of business hours for meat markets had no basis on the question of public health. The repeal of the ordinances in the vari- ous cities had been recommended by the Association committee. Mr. Weller also reported that the County Board of Supervisors had acted to repeal the ordinances in the unincorporated territory. Lir. Maynard Smith addressed the City Council from the audience stating that he represented the California Cattleman's Association. He urged the repeal of the City's ordinance. Councilman Katzakian stated that the question had been head- lined in the local press and he felt the public had sufficient notice of the Council's intent to repeal the ordinance and if they had wished to object they could have been present at this meet- ing. He therefore moved, Councilman Fuller second, the introduction of Ordinance No. 586, rep.aling Ordinance No. 271 of the City of Lodi. Council- man Robinson stated that he had received a call from the representative of the sheep industry with a similar request for repeal. He stated he felt there were other factors involved other than the public health ouestion. He mentioned economy factors as an example. He stated he did -not believe the amount of meat sold after 6:00 p.m. or on Sunday would warrant repeal nor would he believe it to be the best move from an economic standpoint to repeal the ordinance, since it is his belief that prices of :neat to the consumer might be increased as result of the action. �Ko. '.i•,sob He agreed that introduction of Ordinance No. 586 at this meeting would give the public sufficient notice of the Councils intent and the public should be informed that the ordinance would be before the City Council for adoption at the next meeting at which time they could appear and be heard. The introduction of Ordinance No. 586 was then passed by unanimous vote. Minutes of March 20, 1957, continued - HOUSTON EXCHANGE City Clerk reported further investigation of the OF PEOP:.RTY proposal by Clare Houston for the exchange of property owned by Mr. Houston lying just east ' of the oroposed 99 highway by-pass for the City- owned 80-foot strip lying between _ast Pine Street and Victor Road. He stated that the State Division of Highways had recommended that a 40-foot street would be sufficient in Lodi in as much as it had been proven sufficient in more populous metropolitan areas. The RES. NO. 2009 �` frontage road would be provided by the State ;ADOPTED r-` on land to be dedicated by the City or a total ' right of way of approximately 46 feet. The = City Clerk also stated that the City Engineer =w recommended that the right of way not be in- creased beyond this. The recommendation of the City Engineer took into account principles of_plan nin which were also involved. after further iscusson,` Resolution No. 2009, approving the plan of the State of California Division of Highways for a frontage road on the East side of 99 highway by-pass, between East Pine Street and Victor Road and offering to dedicate the necessary right of way for said frontage road. Resolution No. 2009 was adopted by unanimous vote. Councilman Hughes then pointed out that the property owned by the City involved in the trade would exceed the amount of the property required for the frontage road. He suggested that the City :Manager meet with Mr. Houston and develop a recommendation for an exchange of the balance of the City's property. REQUEST OF i•iR. The City Clerk then .read a letter from i•;r. GRIFFIN TO PUR- R. L. Griffin, Delta Woods Products, dated CHASE CITY-OWNED March 19, 1957. In his letter, i�r. Griffin PROPERTY offered to buy from the City of Lodi the North 163 feet of the City's 80-foot strip discussed in the previous action. He offered to pay 40¢ a square foot or $5,216 for the 13,040 square feet involved. He explained that the Division RES. NO. 2003 of Highways was purchasing the western portion nDOPTED o= his property which adjoins the City's 80- foot strip. They had offered him the opportun- ity to buy back 85 feet fronting on Victor Road. This 85 feet would not be sufficient for him to continue his operations at this site. However, if the City of Lodi would agree to sell its 80 feet to him, he would then be in a position to maintain a portion of his operation in Lodi. Councilman Katzasian then moved, Fuller second, the adoption of Resolution No. 2003, authorizing the oiayor and City Clerk to deed the North 163 feet of the 80-foot strip to Mr. R. L. Griffin under the terms offered by ir. Griffin. The motion-was passed by unanimous vote. Mr. Griffin, who -was in attendance at the meeting., as was 'Mr. Houston, nephew of Clare Houston, ap-reed that the sale-of property to i•'r. Tiffin would not have an adverse effect on the neEotiations with Mr. Houston. The meeting was adjourned at 10:15 p,m. on the order of the Mayor. r � ATTr S T : HEAR :i. Gi �+Vi it. City Clerk