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