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HomeMy WebLinkAboutMinutes - September 18, 1957CITY COUNCIL, CITY OF LODI COUNCIL CHAMBER, CITY HALL SEPTEMBER 18, 1957 This regular meeting of the City Council of the City of Lodi held beginning at 8:00 o'clock p.m. of Wednesday, September 18, 1957; Councilmen Fuller,-Katzakian, Mitchell, Robinson and Hughes (Mayor) present; none absent. City Manager Weller present. City Attorney :Mullen present. PU3LIC HEARINGS BENSON ANNEX ORD. NO. 599 INTRODUCED MILLS AVE ANNEX ORD. NO. 600 INTRODUCED STOCKTON ST. SETBACK LINES ORD. NO. 601 INTRODUCED 211 Mayor Hughes called for the public hearing on the proposed annexation of Benson Annex. No protests were received, either written or oral. Ordinance No. 599, approved the annexation of Benson Annex, was then introduced on motion of Councilman Fuller, Kitchell second. The Mayor called for public hearing on the pro- posed annexation of Mills Avenue Annex. Council- man Katzakian announced that he had a personal interest in the matter and therefore would abstain from discussion or voting on this pro- posal. No protests were received, either written or oral. Councilman Robinson, Fuller second, moved the introduction of Ordinance No. 600 annexing Mills Avenue Annex to the City. The Notion carried by the following vote: AYES: Councilmen - Fuller, Kitchell, Rob- inson and Hughes NOES: Councilmen - None ABSTAIN: Councilmen - Katzakian Mayor Hughes called for public hearing on the proposal to establish the following set -back lines on Stockton Street: Between Turner Road and Lawrence Avenue, lines forty feet each side of and parallel to the center line; between Lodi Avenue and Vine Street, lines thirty-five and one- half feet each side of and parallel to the center line; and between Vine Street and Kettleman Lane, a line forty-one feet west of and parallel to the center line. No protests being received, either written or oral, Ordinance No. 601, establishing setback lines on Stockton Street, was introduced on motion of Councilman Katzakian, Robinson second. PLANNING COMMISSION SELL RITE REZONING C Gini MISSION ACTIONS The Planning Commission recon ended that the property occupied by the Sell •'.ite Market at 1320 West Lockeford Street be rezoned from: R-1 Resi- dential to C-1 Commercial. On motion of Coun- -cilman Katzakian, Kitchell second, public hearing was set for October 2, 1957. The City Manager reported the following actions having been taken by the Planning Commission at its meeting of September 9: 1. Approved a use permit for a sign at 1321 W. Lockeford Street in the C-1 zone. -212 :=m utes of Septe=ber 18, 1957 continued 2. Denied a variance in the lot area re- auiremert to allow a fourth dwelling -unit on a lot at 319 E. Pine Street in the R-4 zone. 3. Anoroved the tentative maD of Elmwood Acres subdivision with certain changes. CC"Z_LT 1ICATIONS LABOR COUNCIL Letter with resolution attached from the Central RE POLICE -FIRE Labor Council of Sar. Joaquin County opposing INTEGRATION integration of the Police and Fire Departments. This resolution had also been read to the Police - Fire Integration Study Committee. Councilman Robinson stated the resolution was out of order because the Council had only appointed a Committee to make a study of the possibility of partial integration and no findings or proposals have been made to date. FRANK ZA3AL:. Summons and Complaint re Frank Zabala Claim CORPLAINT for damages. This matter has already been turned over to the insurance carrier for action. PUC-PT&T CO. Notice of Hearing from the Public Utilities HEAR KG NOTICE Commission in the matter of the application of the Pacific Telephone and Telegraph Company for authority to increase certain rates. STATE CC Invitation from the California State Chamber KEET of Co-..r.:erce to attend the Fall Conference of the Central "valley Council on Friday, October 11, 1957 at Hotel Stockton. ABC LICENSES Applications for Transfer of Alcoholic Beverage Licenses were noted as follows: 1. Off Sale General to John Storro, John's Liquors, 11 14e st i.et ,lemar_ Lane. 2. Cf= Sale General to Florence DuVal and 1" ilfred J. DuVal , 412 'Afe st Lodi Avenue. 3. On Sale General to Daisy Dean, James E. Dean and Jerome Dean, Rendezvous, 17-19 ,vest Elm Street. 4. On Sale Beer and Wine to F. E. Lacias, Lido Club, 18 South ::ain Street. 5. Off Sale Beer and :line to J. C. Leitner and Lottie L. Leitner, Westside Market, 431 ",,lest Locust Street. PARKING DISTRICT City Attorney :•fullen re_oorted on the progress NO. 1 of Parking District No. 1, stating that ir. Ed Kundert, the negotiator for the District, .had contacted all property owners of parcels selected for parking lots and that some of the oofters had signed sale contracts. The City Attorney recommended that these contracts be accepted by the City and that lots on which negotiations had not been completed be condemned. !-"r. Victor Goehring, attorney for 'r•ir. Riney Bender, protested the inclusion of the Rich- field Oil Company property at the southeast Kinutes of September 1$, 1957 continued corner of Church and Pine Streets. He stated that i•:r. Bender, who has been proprietor of the service station on this property for the past eight years, would suffer great personal hardship if this lot were included in the Parking District. Goehrino was told that this matter had already been taken into consideration at the public hear- ing on August 21 and while the Council sympathized with those Deople on whom their selection of parking lots would work a hardship, nevertheless it was the Council's responsibiliv to decide on the lots which would be of greatest benefit to the District whether or not their decision would work hardship to certain individuals. iLr. Robert Mertz, attorney for hilliar. C. and i•;ary Hoeger- man, asked that condemnation proceedings be 1 postponed for 60 days in order that property y owners might have time to get their property appraised before negotiating with the City. The City Attorney explained that it was important that condemnation proceedings be started imm-edi- ately because it was necessary that 80% of the total assessed valuation of properties being acquired be under option, contract or conaemna- tion proceedings before the bonds for the District could be sold, and that the lots ::ould have to be purchased within six months of the date of the'first contract or option. He also stated that property owners would still be able to negotiate even though cond$mnatior_ proceed- ings had started. i -;r. Lloyd Patton addressed the Council in behalf of Riney Bender, stating that great Dersonal hardship, would result to iir. Bender if he had to give up his business on s the Richfield Oil Company property. ?Jr. Harry :-.ahaffey, lessee of the Graffigna property, stated he would lose $18,000 cash 11f he had to remove is business from that lot. Councilman '.00inson movea)at its meetin of August 21, certain lots to be accuired for Parking, District No. 1 be confirmed. The motion was seconded by Councilman Katzakian and passed unanimously. City Attorney :Mullen announced that Theodore and Hester Bender had signed a contract for the sale of their property described as Lot 7, Block 9, City of Lodi, for the sum of $62,500.40 and on motion of Councilman Katzakian, Fuller second, the Council approved the contract, subject to release of a 101 strip on the west side of the property presently leased by the Union Oil Company. The City Attorney then stated that Leonard and A—I ma -artz had signed a contract for the sale of their propert, described as the 'west 701 of Lot b and the ast 201 of Lot 7, Block 11, City of Lodi, for $40,000.00 and on motion of Councilman Robinson, Katzakian second, the Council approved RLS. NO. 2061 the contract with Leonard and Alma Kartz. The ADOPTED City attorney stated further that LaRelda Patton and Gladys F. Wood had signed a contract for the sale of their property described as the South 110' of the `west 55t of Lot 8, Block 8, City of Lodi for $21,600,00, and on motion of Councilman i•iitchell, Robinson second, the Council approved the contract with LaRelda Patton and Gladys F. ',00d. On motion of Councilman Katzakian, Robinson second, the Council adopted Resolution No. 2061 authorizing the condemnation of the "inutes of September 18, 1957 continued -214 following property for parking purposes: The property generally described as 120 Wiest Pine Street belonging to Ida Graffigna et al; the southeast corner of Pine and Church Street be- longing to the Richfield Oil Corporation; the northeast corner of Elm and Church Streets belonging to Lloyd nines; 211 `hest Oak Street belonging to Katie P. White; 215 West Oak Street belonging to James and Dorothy Ling; llo South Church Street belonging to R.K. and E.M. Yeoman; and 119 vilest Walnut Street belonging to William C. and Mary A. Hoe,iger- man. City Attorney !,Cullen stated that if, in his opinion, negotiations on certain parcels were progressing satisfactorily, the condemna- tion papers would not be served; however at such time, at his discretion, the negotiations break down, service will be made. REPORTS 0: THE CITY 1,1ANAGER RI.C. YODER TO The Cit; i•=anager presented a memorandum. from PLAN SECONDARY the City Engineer recommending that 'r -..E. Yoder CLARIFIER be retained to prepare the plans and specifi- cations for a secondary clarifier at tae sewage disposal plant, payzent to consist of cost plus 15%. The Council authorized an agreement with M.C. Yoder on preparation of plans and specifications for a secondary clarifier, based on actual costs of prepara- tion plus 15, on motion of Councilman Kat- zakian, Fuller second. Councilman Robinson stated he would like a report on the control of odors at the sewage disposal plant. PETER PAN T e City 1•1arager reported that an agreement PLAY AREA had been drawn between the City and the Superintendert of Schools for use of the play RES. N0. 2062 area adjacent to the Scout Center. Gn ADOPTED :notion of Councilman Robinson, Katzakian second, Resolution No. 2062 authorizing the tiiayor to execute the contract with the Superintendent of Schools was adopted. SPECS nt•: LAINE On motion of Councilman Mitchell, Katzakian PA!'ING second, plans and specifications for paving Ham Lane from Lockeford Street to the Southern Pacific railroad tracks were approved and advertising for bids authorized upon obtaining clearance from. the State. Councilman Kat- zakian asked if this project would bring Lockeford Street to grade at Ham, eliminating the present dip. HA14 L+Eembers of the Council brought up the question of the traffic hazard existing at the inter- section of nam Lane and Lockeford Street and the City Manager stated he would have the _Engineering Department check conditions at this intersection. The Council also requested information on the status of arrangements with Louis Fugazi regarding improvement of Ham Lane abutting his property and on the plans for completion of Ham Lane to Turner toad. i•:inutes of September 13, 1957 ccnt'_nued L 1 5 RICE 5 -CHS. The City Manager read a letter from :ice Brothers CO@iTRyCT recuesting that their contract on the :olly-P ills- -XTENDED Turner project be extended due to interferences from outside agencies, and he reported that the City Engineer recommend granting an extension of three weeks. On motion of Councilman Fuller, titchell second, the Council granted an extension of the contract with Rice Brothers from October 6 to October 26. AiJNaL AUDIT The City i,iarager stated that two bids had been received for the annual audit for fiscal 1956-57 and for the extended audit from July 1 to October 1, 1957. W. Bernard McEnerney was low bidder with a total cost of $1200.00. On motion of Councilman 14,itchell, Fuller second, the award for the annual audit and extended period was given to W. Bernard iv:cEnerney. CL..INIS Olaims amounting to $81,906.04 were approved on motion of Councilman Robinson, Katzakian second. ACC' -';,P ;CE The City Attorney explained to the Council that OF DEEDS present State law required changes in the wording of the resolution authorizing acceptance of RES. NO. 2060 deeds on behalf of the City before they ;could be accented for recordation by the County Recorder. On Notion of Councilman Mitchell, Fuller second, the Council adopted resolution No. 2060 author- izing Beatrice Garibaldi to accept deeds as agent for the City. L'' �'! City Attorney :;sullen reported that he had started condemnation z)roceedings on a portion of the Ida - ,• ; Raridan property at Mills Avenue and Turner Road, but that he had been able to negotiate a settle- ment with rs. raridan at $100. On motion of Councilman Katzakian, Robinson second, the Coun- cil authorized payment of X100 for a deed to the Raridan property. U.N. DAY i.:ayor Hughes requested that the City observe United Nations Day, October 24, and he appointed Steve Schuppert, chairman of the United $rations Day Committee. The meeting was adjourned at 10:40 p.m _;!TEST: ' BZt TRICE `G".�tRIBAL I J/ Deputy City Clerk