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