HomeMy WebLinkAboutMinutes - September 19, 1956(3
CITY COU:':CIL, CITY OF LODI
CCUACIL CHAMBER, CITY HALL
SEPTE'•_BER 19, 1956
This regular meeting of the City Council of the City of Lodi
held beginning at 8:00 o'clock p.m. of Wednesday, September 19,1956;
Councilmen Fuller, 'caughes, Katzakian, rtobinson and Mitchell (Mayor)
resent; none absent. City Attorney Mullen present; City Manager
Weller absent.
Minutes of the meetings of August 15 and August 23, 1956,
were approved as w ritten and mailed.
PUBLIC HEARING
0i D. NO. 569
INTRODUCED
PALLESEN
REZONING
Mayor Mitchell called for those people wishing to
protest the rezoning from R-2 to R-3 of that prop-
erty on the northeast corner of Lodi Avenue and
Fairmont Avenue belonging to Drs. V.W. and Mamie
Pallesen. No protests either written or oral
were received.. Ordinance No. 569, approving the
rezoning as requested, was introduced on the motion
of Councilman Robinson, Fuller second.
NORTH SACRA- Mayor Mitchell then stated that on recommendation
MENTO ST. PARK -of the Planning Commission a public hearing had
ING PROBLEM been set on the North Sacramento Street parking
problem and asked property owners in this area
to state their situation. It was brought out
that there was a parking and traffic problem
due to Super ::old employees parking along Sac-
ramento and School streets and double parking
during shift changes. It was also stated that
there was excessive speeding along Sacramento
Street. The property owners do not want to
form a parking district to solve the parking
problem because they feel Super Mold should
provide parking for its employees. On motion
of -Councilman Hughes, Katzakian second, the
traffic hazard problem was referred to the Chief
of Police and the parking problem was referred
to the City Manager and Lnginerring Department
for study in conjunction with :super Mold.
PLANNING CO:' i•:IS. IIJN
FINAL MAP A final reap entitled "Rosedale Park" was pre-
ROSLDALE PARK sented for approval. The final map was approved
and the Mayor was authorized to sign said map
on the motion of Councilman Katzakian, Fuller
second. The acceptance of the streets offered
for dedication is subject to improvement of the
streets to City standards before they will be
maintained by the City.
The City Clerk read from the Planning Commission
Minutes of September 10, 1956, its recommendation
.for the rezoning of the west side of South Fair-
mont Avenue south of Lodi Avenue and north of
Tokay Street from R-1 to R-4. un motion of
Councilman Fuller, Hughes second, public hearing
on the above mentioned rezoning was set for
October 17, 1956.
REZONING OF
FAIRMOP T AVE-
S.
VL.S. OF LODI AVE
PUBLIC HL:+RING
OCT. 17, 1956
.b4
REZUNING NE COY. The Planning Corz.-.ission also recon m=ended the
LOCKEFOP.D & rezoning of the nortceast corner of Lodkeford
SCHOOL Hi:,RING and School Streets from R-4 to C-2 and -ublic
OCT. 17 hearing on such rezoning was set for October
17, 195b on ::tion of Councilman Robinson,
Fuller second.
LOC"KEFUtD ST. The City Clerk then read from the Planning
AND LODI „VE. Com: ission [•:inutes of September 10, 1955,
GRADE SE?r.tr.- Resolution CPC n10 requesting amendment of the
TIGilS i•.aster Plan by eliminating the grade separa-
tions at Lockeford Street and Lodi Avenue, and
ACTION DEFERc:ED reconu,.ending that the City Council initiate
TO %,-'XT ;;.STING studies of the proposed sites for grade sep-
arations at Turner oad and nettleman Lane with
a view towards their early develo rin.ent. These
recor:.mendations were set for public hearing at
the meeting of October 17, 1955•
CC .d..JNICTIONS
1BC LICE::SE Application for Of.' -Sale Beer and 4ine alco-
holic Beverage License of Viing S. Fong, 6:ing
Suey Wong and ding Ho Hom of the Lodi Super
i•:arket was referred to the Chief of Police.
A .L,h PLA' .NU,G Letter and resolution from the County Planning
COi•il:ISSI02i Commission recommending to the County Board
of Supervisors that an Area Planning Commission
be formed which would embrace the five incor-
porated cities of the County. Discussion of
this proposed organization will be held at
Cities -County meeting.
Letter from ""Emergencies Don't ., ait ;leek"
Institute requesting a proclamation was referred
to P•-ayor I•:itchell.
Letter from the Citizen's Committee for Yes on
Proposition ;-5. No action. taken.
JOLT i-1 TIIiG Letter from the Lodi Public Library Board of
LIBRARY BOARD Trustees asking for a joint meeting with the
City Council to discuss site and building plans
for a new library. Councilman Robinson :roved,
Katzakian second, that the I•.ayor and City
I•,anager arrange for such a. meeting.
REPORTS OF THE CITY RiAPiAGER
SEWAGE PUl•:PS The City Clerk reported that no bids had been
received for sewage pumps. The City Council
authorized the City bngineer to negotiate on
the open r.arket for sewage pumps on the :notion
of Councilman Y.atzakian, Fuller second.
CURB & GUTTER Three bids were received for curb and gutter
AT, �r.'Dat Blakely Park, 4lilliam Burkhardt being low
bidder with a bid of $ 2,$57.60 . Resolution
RES ;x1957 =.o. 190% awarding the contract for installation
ADGPTED of curb and gutter at Blakely Park to William
Burkhardt was adopted on motion of Councilman
Hughes, Katza ian second.
. t:pcea.oer 19, 1956 continued 6S
CATCH BASIN Three bids were received for catch basin re -
RE PLACEZ.ZNIT placements. The bid of nice Bros. in the
e:'tiARD amount of $8,732.00 s,as the lowest. On the rec-
ommeridation of the City engineer the City Coun-
RES. T 1908 cii adopted Resolution il-o. 1966 awarding the con-
:aDUPLLD tract for catch basin replacements to Mice
Erotcers on motion of Counci_.Man Fuller, i:at-
zakian second.
CROSS b"JLKS City Clerk Glaves read a recommendation of the
GPI t;dt LANE, City Engineer that pedestrian ccpss walks be
LU , CRESCENT approved at the following locations:
AisD ORANGE STS.
APPROVED 1. across Ham Lane at Oak Street.
2. Along the east side of Ham, Lane from
f'r.S. #1969 `,'alnut Street to Elm Street inclusive.
ADuPTED 3. Cn both sides of Elm Street from Ham
Lane to Hutchins Street.
4. On both sides of Crescent and Orange
Avenues from '.lalnut Street to Locust
Street inclusive.
Councilman Katzakian moved adoption of Resolution
#x1969 approving installation ol' the above men-
tioned corsswalks. The motion was seconded by
Councilman Fuller and so,carried.
CROSS WALKS FOR The City Engineer also recommended that cross
LOEL,411.1 AND walks be installed in the CO block of West
P.F.E. REFERRED Locust Street as requested by Loewen Auto
TO POLICE Company and in the 400 block of South ih:ain Street
as re^._nested by the Pacific Fruit Exchange. The
City Council felt that a request for cross walks
in the middle of a block would need further
study, and on ::notion of Councilman Robinson,
Fuller second, the matter was referred to the
Chief of Police for study and recom:::endation.
,U-110 i,:AINT. nn amendr.ent of the City's agreement with the
AGREE -INT LtiITH Department of Public Works, iivisdon of Highways
DIVISION OF for maintenance of State highways within the
HIGhWAYS City limits was -submitted for the Council's
approval. It was explained that these revisions
RES. #1970 were minor, for the most part to bring the
ADOPTED agreement into conformity with current phrase-
ology of such contracts. Resolution ,#1970,
authorizing the Mayor and City Clerk to sign the
amendment on behalf of the City, was adopted on
motion of Councilman Katzakian, Hughes second.
EASELENTS
. The City Clerk presented a recomirendation from.
ABANDONED
the City Engineer and Superintendent of Public
KESZLER
litalities that the City Council abandon the 16
PROPERTY
foot easements centered over the property line
between Lots 14 and 15 and between Lots 1.5 and
16 of Kristmont Acres; these easements have
never been used by the City and the City has
no prospective use for the::, Dr. Keszler has
built his house over part of this property and
no,.., mould like to have it abandoned in order to
ret financing,. On motion of Councilman Hughes,
Fuller second, the Council moved to abandon the
ease:.ents mentioned.
RICHFIELD OIL
n recuest of the hichfield Oil Corooration for
DicIVESAY
four 30 -foot driveways on the northwest dorner
ZE JEST
of Har:. Lane and Lockeford Street was presented.
Cn the motion of Councilman Robinson, Fuller
second, the recuest was granted.
66 ._y.w,...a i7, -Il uii.ucu
P:,TtKIilG E-a.;or i•-itchell announced that Grdinance irL568
DIST:ICT NO. 1 relating to the formation of Parking District
no. 1, was introduced at the previous meeting
of the City Council at the conclusion of the
public nearir:-. He stated that the hearing
had been conducted accordinE- to prescribed
law and all protests to the forration of the
District had'been received and tabulation of
the assessed valuation and area of the prop-
erty represented by the protests proved to be
insufficient to terminate the proceedings.
Therefore the City Council had declared the
District formed. The i-.ayor reported that sub-
secuent to that date the City Clerk had received
additional letters of protest. Some of the
-Letters represented. property which had already
been recorded as protesting as a result of the
oral protests entered at the public hearing
before the City Council on September 5, 1956.
He pointed out that the City Council was under
no obli-•ation to consider protests after the
close of the public rearing and any such pro-
tests voiced would have no legal effect on the
proceeding already completed. The City Clerk
then read the letters of protest received
from i�-r. ;iilliam C. H oegerman, L_.r. i+-eyer
Zelver, :•:r. Theron E. Reynolds, i•.rs. Anna ii.
Nickel, and the Farmers and Lerchants Bank.
The letters from ;•ir. Zelver and the Farmers and
:•-erchants Bank did not protest the formation
of the District, but asked that action be deferred
until further study could be given to the
boundaries of the District. i•.ayor !,:itchell
called on i --r. Kenneth Jones, representing the
attorneys for the District, to clarify the
legal position of the City. 14r. Jones informed
the Council that adoption of Ordinance 568 will
finally fix the boundaries of the District.
If changes are to be :Fade in the exterior
boundaries of the District, an additional
public rearing must be held and due notice
given thereof. He pointed out that adoption
of Ordinance No. 568 does not foreclose the
possibility of altering the location of park-
ing lots within the District. He stated that
any changes would require notice and hearings,
but that this could be done after the ordinance
ixinv the boundaries is adopted. k_r. Rollo
Garretson, attorney for protestants, addressed
the Council to read a petition signed by 21
pro,)erty owne.•s with the District. The
petition was H led with the City Cler, i'4r.
Garretson asked that no further action be taken
in the formation of the Paring District. i+ir.
H.E. Looser stated that the District was
unfair because it did not include all of the
metered area and because it excluded the prop-
erty in the 200 block of ;lest Pine Street. -r.
Hoggatt explained the reason wl:y thevest Pine
street area had not been included in the
District. M.r. Garretson also stated that the
need for oarking had never been deomonstarted
and that he had spent two hours on one afternoon
surveying the raring situation. He concluded
that the City did not have a parking problem.
He ured that a survey- be .:wade. The City Clerk
:;ointed out that a complete survey had been
conducted by Harold :;ise & hssociates. This
survey covered the entire district at regular
intervals for a complete day. The Parking
District proposal before the Councilat this
meeting resulted -from this survey. iir. John
Graffigna addressed the Council to state he
was in favor of securing parking, but he felt
this District was unfair because it failed to
include the 200 block of '.i est 'ine Street.
City Clerk read a letter, dated September 16, 1956
from :r. William C. Hoegerman stating that he
had tabulated the area in the proposed lots and
found that they could accomodate 1,127 cars
rather than 2,500 which he said had been claimed
by the proponents to the District. It was
explained that no one can give an accurate
estimate without detailed study of each parcel
of land. This has not been done. Councilman
:uller stated he felt the basic question to
be answered was whether the City of Lodi needed
additional parking. He stated he was convinced
that additional parking was required and ti:at
the 1951 Act provided the best :leans of securing
the required spaces even though it might not
prove ecuitable in every case. Lr. Hoegerman
objected to the use of eminent domain in acquir-
ing property and he stated t". at he felt the
Council would employ it in acquiring lots in
this proceedings. City Attorney i•;ullen explained
that the City Council always has the power of
eminent domain but rarely employs it. i•:r. Barbera
stated he favored the District and signed the
petition, but he felt the District was unfair
and should be e>p anded to cover the entire
central business district bounded by Lodi Avenue,
Lockeford Street, Southern Pacific rio-ht of way
and Pleasant Avenue. Layor :•:itchell then asked
i -r. Barbera if he would be willing to head a
committee with i•:r. Graffina to seek signatures
on a petition to expand the District as outlined
by •.r. Barbera. r. Barbera answered that he
would not head such a committee. P.r. Eoecerr:an
and i•:r. Looser volunteered to work for such a
District. :•:r. Jones outlined the procedure
necessary to expand the District. He stated
that twould be necessary to outline the pro-
posed expanded District and give adecuate
notice of the Council's inte{jtion and set the
ratter for public hearing. nt the time of
hearing a protest of 51% of the entire District
as expanded would be necessary to terminate
the proposal to expand. the District. he
emphasized that a protest of the expanded
District as proposed would not jeopardize the
Parking District as now formed. The public
hearinc on this District has teen completed and
the protests have been found insufficient and
have been overruled. Mr. Hoegerman protested
that if that were true he felt he had little
chance because he felt that it would be very
difficult to get people in the expanded district
to sign a petition asking for inclusion in the
Eistrict. he stated that he did riot feel he
'-ad received an adecuate hearing and repeated
tl-_at he was opposed to the threat of conderr.-
nation. Councilnan Hughes stated he felt no
furt':.er act on should be taken until several
ratters ,.ere straightened cut. He pointed out
that some property oumers riad not been asked
to -oin the District and they should have the
ocrortunity. He also felt the downtawn district
should be defined and some property included
as oossible arking lots should be eliminated
before the Council proceeds further. Finally
he felt the City Engineer should be consultee.
bef3re further action is taken. Councilman
Fuller stated that he did not believe a delay
of 60 days in t, _e oroceeding could cause any
harm since the present District has been formed.
He felt 60 days would allow time to work out
differences and if nothing ha_.pens in the in-
terim the Council can proceed with the present
plan. He then moved, Robinson second, that all
cutters in connection with i'arkiro District :o. 1
be continued until -the regular meeting of the
City Council on iovember 21, 1956 to allow those
^ersors protesting t:ie present District sufficient
tir:e to come uo with recommendations for a
better :ro-=ram. The motion carried by unani-
mous vote.
=h� meeting then adJourned at 12:05 a.m.
hTTEST: HENR y. GiiiV't5,
City Clerk