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HomeMy WebLinkAboutMinutes - February 2, 1955388 CITY COUNCIL CITY OF LODI COUNCIL CHER, CITY HALL FEBRUARY 2, 1955 This regular meeting of the City Council of the City of Lodi held beginning at 8:00 o'clock p.m. of Wednesday, February 2, 1955; Councilmen Hughes, Mitchell, Robinson and Fuller (Mmyor) present; Richey absent. City Attorney Mullen and City Manager Weller were also present. COMMUNICATIONS WERNER Letter from Dr. B. Werner, 227 South California APPEAL Street, appealing the decision of the Planning Commission in denying his request for rezoning his property at the above address from R-3 to Commer- cial District. It was agreed by the Council that this matter be held over to a subsequent point in the agenda to be considered along with the appeals of Mrs. Ethel Tweedy and Mr. Harold Hanes. BARBERA A letter from Mr. E. A. Barbera requesting permis- UTILITY sion to tap the City's water and sanitary sewer REQUEST lines in Kettleman "ane to serve his property at DENIED the southeast corner of Hutchins Street and Kettle - man, such property lying outside the city limits. Mr. Barbera explained in his letter that he plans to build a service station on the corner and wants service from the City's utilities. Councilman Robinson pointed out that the policy of the City Council in the past has been to refuse extensions outside the City, and that granting of this re- quest would be modifying a policy of long standing. The request was rejected on the motion of Council- man Mitchell, Hughes second. PETITIONS RE: Mr. Weller then presented a petition containing LODI AVENUE 1+26 signatures supporting the rezoning of the north REZONING side of Lodi Avenue between California and Rose Streets. He then presented a petition signed by �. 165 persons stating that the signers reside in the area affected by the commercial strip zoning on Lodi Avenue and supporting the action of the Planning Commission in denying the request for re- zoning of the property in question. He then pre- sented a petition with ten signers requesting the removal of their names from the petition requesting the commercial zoning in the area in question. PUBLIC HEARINGS TWEEDY -MANE'S The Mayor threw the meeting open to the public for REZONING the purpose of hearing from the proponents and op - APPEAL DENIED ponents to the appeal of Mrs. Ethel Tweedy and Mr. Harold.Hanes from the decision of the City Planning Commission rejecting the request to rezone property on the north side of West Lodi Avenue between Cali- fornia and Rose Streets from the R-3 Residence Dis- trict to the Commercial District. Mr. Harold J. Willis, attorney rearesenting Mr. Hanes, spoke in support of the rezoning, and stated that his client was interested in progress and that commercial development in this area would be progressive and would benefit the City by the addition of additional assessed valuation to the tax rolls. He added that the property is unfit for residential use. Mr. Robert Mertz, attorney representing Mr. Spiros Stathatos, owner of the property at the corner of Lodi Avenue and Rose Street, opposed the reasons UNIFORM ELECTRICAL CODE Minutes of Feb. 2, 1955 continued. 38 t given by the Planning Commission for rejecting the rezoning request by stating that the arguments against strip commercial zoning are idealistic; the argument of incompatible uses is invalid since such incom- patible uses already -exist; the opposition based upon the creation of traffic congestion is no argument at all; and the argument that there is too much com- mercial zoning in the City at the present time is permitting the Master Plan to become a straight -- jacket. Dr. E. M. Folendorf spoke in favor of the rezoning. Mrs. Walter Flower, Mrs. Hepper and Mrs. Nelson also supported the rezoning requests. Addi- tional arguments in support of the rezoning were offered'by Mr. Charles Posey and Mr. Ted Schneider. Mr. Robert Rinn then addressed the City Council in opposition to the rezoning. He related a brief history of the planning and development of West Lodi Avenue, stating that mistakes have been made in the past by letting the commercial development encroach upon the residential district. He stated that these mistakes should not be continued in the future and added that the strip zoning will be detri- mental to the owner, residents, other commercial establishments, and to the downtown business dis- trict. Mr. Daron Dee also opposed the rezoning on the basis that it would have an adverse effect on the value of his residence. Mayor Fuller then asked for the reading of a letter from the Chairman of the City Planning Commission. In his letter, Chair- man Fuller stated that the requests for rezoning were denied principally because of the dangers in- volved in strip -zoning. He added that the creation of a narrow commercial strip makes shopping incon- venient for the public, greatly complicates the problem of providing adequate off-street parking facilities and it encourages traffic congestion which is difficult, if not impossible, to solve. ne added that the strip -zoning also has a depress- ing effect on surrounding land values. Councilman Hughes stated that he felt that the creation of another wrong will not make a right, and it appeared to him that it would be a greater injustice to permit the commercial zoning. Councilman Hughes then moved, Mitchell second, that the decision of the City Planning Commission in the zoning requests of Mss. Ethel Tweedy, Mr. Harold Hanes and Dr. B. Werner be upheld. Councilman Robinson then read a statement.which was concluded with the following: "I may differ with the judgment of the eight other members of the Planning Commission. I may fear the present tendency of our whole philosophy of government away from private initiative toward regi- mentation and the centralization of power from Lodi to Washington. However, I cannot question the motives, sincerity and honesty of opinion of any one of my fellow Commissioners. They are above reproach in these attributes." He then stated that he recognized the principle of majority rule, and since there was no basis for prejudice in the matter, he asked the Mayor to call for a vote. The motion carried by a unanimous vote. Mayor Fuller then called for those presons inter- ested in protesting the adoption of Ordinance No. 519, providing for the adoption by reference of the "Uniform Electrical Code", 1953 edition, to present their objections. No objections were offered. In this instance I believe it is inevitable that if the south side of Lodi Avenue remains zoned commer- cial, the north side will eventually attain the same status. 390 Minutes of February 2, 1955 continued. ORD. NO. 519 ORDINANCE NO. 519, "ADOPTING AN ELECTRICAL CODE ADOPTED REGULATING THE INSTALLATION, OPERATION AND MAINTEN- ANCE OF ELECTRIC WIRING AND ELECTRICALLY OPERATED APPLIANCES TO BE CONNECTED THERETO BY ADOPTING BY REFERENCE THE 'UNIFORM ELECTRICAL CODE', 1953 EDITION, WHICH IN TURN ADOPTS BY REFERENCE THE ' 'NATIONAL ELECTRICAL CODE', 1953 EDITION, ESTAB- LISHING RULES AND REGULATIONS IN CONNECTION THERE- WITH, AND REPEALING ORDINANCE NO. 1+8811 having been introduced at the regular meeting of January 5, 1955, was brought up for passage on the motion of Councilman Robinson, Mitchell second. Second reading was omitted after reading by title, and was then passed, adopted and ordered to print by the following vote: AYES: Councilmen - Hughes, Mitchell, Robin- son and Fuller NOES: Councilmen - None ABSENT: Councilmen - Richey Mayor Fuller then signed Ordinance No. 519 in approval thereof. METER ORDINA14CE NO. 520, "ADOPTING RULES AND REQUIREMENTS REGULATIONS GOVERNING THE INSTALLATION OF ELECTRICAL METERS", having been introduced at the regular meeting of ORD. N0.520 January 5, 19-55, was brought up for passage on the ADOPTED motion of Councilman Robinson, Hughes second. Second reading was omitted after reading by title, and was then passed, adopted and ordered to print by the following vote: AYES: Councilmen - Hughes, Mitchell, Robin- son and Fuller NOES: Councilmen - None ABSENT: Councilmen - Richey Mayor Fuller then signed Ordinance No. 520 in approval thereof. REPORTS OF THE CITY MANAGER ROBERT RINN The City Manager reminded the City Council that the APPOINTED TO appointment of a representative for the City of Lodi S.J.L.H.D. on the Board of Trustees of the San Joaquin Local Health District had not been made. Councilman RES. #1854 Robinson suggested the name of Mr. Robert H. Rinn as one of the best informed in matters of government in the community. On the motion of Councilman Robinson, Mitchell second, the Council then adopted Resolution No. 1854, appointing Mr. Rinn to the Board of Trustees of the San Joaquin Local Health District vice Dr. Boehmer. UTILITY The City Manager then reviewed the background and EXTENSION theory of the Council's existing policy regarding POLICY the installation and extension of utilities, includ- REVISED ing water, sanitary sewer, storm sewer and electric lines. He then reported that the cost of utility installation has been outstripping the increase in income due to new installations. He stated that if the City is to continue its present policy, some Minutes of February 2, 1955 continued. 3 9 1 means must be found eventually to finance the utility extension: increase rates for service or float bond issues. He therefore recommended that the utility extension policy be revised in accordance with a recommendation prepared on January 25, 1955, and presented to the City Coun- cil, the essential features of the recommendation being that subdividers should be required to pay all costs in connection with the provision of sanitary sewers and water service within the area proposed for development, and bear a proportionate share of the costs of extending said lines from the City's central system to the subdivision. The charge for storm drainage and the deposit procedure for extending electric lines is to remain substantially as provided in the present policy. He recommended that the effective date of said policy change be set at or about May 1, 1955. He further recommended that the existing policy remain in effect until Play 1, 1955, with the exception that the refund period be limited to five years on all subdivi- sions, the tentative maps of which are filed with the Planning Commission after February 1, 1955, and before the effective date of the recom- mended new policy. He explained that by this means individuals contemplating or in the pro- cess of subdividing will not be subjected to any undue hardship. Mr. Ted Schneider read a letter from the Lodi Realty Board asking the City Council to postpone taking any definite action on the revision of the utility extension policy. It stated the Board had not had suffi- cient time for study of the City Manager's recom- mendations. Councilman Hughes then moved, Robinson second, that the extension policy as outlined and recommended by the City Manager in his com- munication of January 25, 1955, be adopted, such policy to be effective on all tentative maps filed with the Planning Commission after May 1, 1955; that the existing policy remain in effect until that date, except that the deposits for sanitary sewers and water shall have a maximum refund period of five years, said exception to apply on all tentative maps filed with the Planning Commission after Feb- ruary 2, 1955; and that the policy adopted herewith is.subject to amendment after the subdividers and the Realty Board have an oppor- tunity to present their evidence to the City Council. The motion was adopted by unanimous vote. CLAIMS Claims in the amount of $137,216.20 were approved on the motion of Councilman :Kitchell, Robinson second. ADJOURNED TO On the motion of Councilman Mitchell, Robinson FEB. 9, 1955 second, the meeting was adjourned until 7:30 o'clock p.m. of Wednesday, February 9, 1955. _ ATTEST . Zka HE A. GLAVES, J . City Clerk