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HomeMy WebLinkAboutMinutes - April 16, 1968196 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CRA14BMZS APRIL 16, 1968 A regularly adjourned meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m, on Tuesday, April 16, 1968, in the City hall Council Chambers. ROLL CALL Present: Councilmen - BROW, CULB:?RTSON, HUNN3LL, ?)ALTON and KIRSTIM (Mayor) Absent: Councilmen - alone Also present: City Manager Glaves, Assistant City Manager Peterson, City Attorney Mullen and Planning Director Schroeder. PLrDG_'. Mayor Kirsten led the Pledge of Allegiance to the Flag. MINUT3S Cn motion of Councilman Culbertson, Hunnell second, the ,Unutes of April 3, 1968 were approved as written and mailed. USLCOM3 Mayor Kirsten welcomed the Girl Scout unit that was in the audience and introduced to them the City Council and members of the City Staff. PUBLIC 'AZAP.INGS CORINTE AV-_ Notice thereof having been mailed to property owners and LIGHTING DIST, also published and posted in accordance with law, the ALSSISSM11T mrayor called for hearing on the assessment for the Corinth CONFIT_U 2D Avenue Street Lighting District. A letter had been re- ceived from Mr. A. P. Foge, Jr., 2 South Corinth Avenue, RES. NO. 3176 stating that his lawn had not been returned to its original condition. The City Manager explained that it is very difficult to restore a lawn to its exact original condition, although every effort has been made. There being no one in the audience who wished to speak in favor or against the matter, the public portion of the hearing was closed. On motion of Councilman Hunnell, ?Dalton second, the City Council adopted resolution No. 3176 confirming the assess- ment of $2.85 per front foot for the Corinth Avenue Street Lighting District. APP?AL - Notice thereof having been published in accordance with law, BURTON'S Mayor Kirsten called for hearing on the appeal of Jack Carter, SEGS on behalf of Burton's Shoes, from the decision of the City Planning Commission in denying his request for a variance to increase the permitted sign area square footage at 17 West Pine Street from 100 square feet to 124 square feet in an area zoned C-2, General Commercial. Planning Director Schroeder introduced the matter, and presented drawings of the proposed sign. Jack Carter, 620 Turner Road, spoke in behalf of the appeal, stating that a member of the City staff had assured an employee of Burton's Shoes in a phone conversation that the proposed sign was permissible but when a building permit was requested from the City they were told the sign was in violation of the Sign Ordinance. Mr. Carter explained that the proposed sign is for advertising a new line of shoes and was designed especially for use at their store at 17 West Pine Street. There being no others in the audience who wished to speak on the matter, the public portion of the hearing was closed. -i- 197 ?^:mutes of April 16, 1968 continued Councilman Hunnell felt since the Sign Ordinance is presently being reviewed and the request exceeds the allowable Sign area by only 24 feet, the appeal should be granted. On motion of Councilman Hunnell, Brown second, the City Council granted Burton's Shoes a variance to per- mit erection of an additional sign, 2 feet wide by 15 feet high at 17 test Pine Street. R20MST - Notice thereof having been published in accordance with law, D2NNY'S Hayor Kirsten called for hearing on the amended sign variance = STAURANTS request of Oenny's restaurants to increase the allowable sign area from 258 square feet to 397 square feet on a parcel located on the north side of Mast Kettlaman Lane between U.S. 50-99 and Cherokee Lane in an area zoned C-2, General Commercial. The original request which was denied by the City Planning Commission and the City Council was for a variance to increase the allowable sign are4558 square feet. C,,,,��Tcs •Fl Planning Director Schroeder introduced the matter, showing drawing of the proposed signs. He stated that the City Planning Commission at its meeting of April 8, after re- viewing the amended request, recommended the Council approve the variance subject to the following: 1. That the smaller sign which measures 28.5 square feet per single face be located either on the large sign pole as proposed or on a separate pole adjacent to the access to the parking lot; and 2. That the sign pole or poles conform to the design as shown on the drawing prepared by Heath and Company on `larch 14, 1968 and on file in the office of the Secretary of the Lodi Planning Commission. In recommending approval of this sign variance, the Planning Commission determined that the strict application of the City Council policy of counting the square footage of all readable surfaces of a multi -faced sign in determin- ing total sign area could cause a hardship on a highway - oriented use located on a parcel with little street frontage. It was also reported that the Planning Commission has instruct- ed the Planning staff to prepare a study concerning freeway - oriented signs and other areas within the Sign Ordinance which might be causing hardship. There being no one in the audience who wished to speak on the matter, the public portion of the hearing was closed. After discussion, Councilman Brown moved the City Council grant the variance as recommended by the City Planning Commission. The motion was seconded by Councilman Culbertson and carried unanimously. PLANNING COMMISSION OTIC -711 ACTICVTS The Planning Commission took the following actions of Interest to the City Council: 1. Denied the request of lire. Bernice M. Coe for a variance to permit the addition of 400 square feet of showroom space to a nonconforming commercial building containing a Television Sales and Service use at 311 Ulest Turner Road in an area zoned 1,-1, Single- Family Residential. 2. Approved the request of Mr. David O'Keefe by Mr. Ted A. Nolfino for a variance to increase the allowable lot coverage from 40 per cent to 43.5 per cent for Lot 210 of the Willow Glen Subdivision Unit #3. - 2 - 198 - 3 - '.:mutes of April 16, 1968 continued COMMUNICATIONS ABC LICMS-- The following notice of applications for alcoholic beverage licenses were read: 1. Premise -to -Premiss Transfer to Peggy J. Schieber, on Sale Beer, 114 N, School Street. 2. Person -to -Person Transfer to The Southland Corporation, 401 N. California Street, 0£f Sale Beer and t:1ne. r^PORTS OF TIC CITY MANAG--R CLAIMS Claims in the amount of $378,675;85 were approved on'motion of Councilman T7alton, Culbertson second. 1=110TUM. The City Nanager stated that the Office of Civil Defense CITY %ANAGSR TO has requested a new resolution authorizing the City Manager SIGN CD to sign Civil Defense documents. On motion of Councilman DOCUM3NTS --,aiton, Hunnell second, the City Council adopted resolution No. 3177 authorizing the City Manager to execute applications 2.7S. NO. 3177 and ducuments for the purpose of obtaining financial assistance under the Federal Civil Defense Act of 1950, as ascended. PLAITS & SPECS- Plans and specifications for the ''estgate Shopping Center T3STGATG Street Improvements were approved and calling for bids SHOPPING CrNT� authorized an motion of Councilman Culbertson, Hunnell second. PLAITS & SP2CS- The City Nanager also presented plans and specifications for CHURCH S=11:T the Church Street Improvements - Lodi Avenue to Lockeford I;s^OV"i:iTTS Street. The City Hanager reviewed the drawings with the Council and stated that this would be a complex project involving some widening with new curbs and gutters, new traffic signals, street tree wells with water service, telephone cable, electric conduit and cable television conduit. The Council discussed the problems the City encountered with the Lodi Avenue -Ham Lane project and felt that an effort should be made between the Public T'orks Director and the contractor to avoid similar problems occurring on Church Street. Councilman Culbertson felt it might be more economical for the City to close off portions of the street to traffic so that the contractor would not be hindered by traffic and he felt this could be accomplished with cooperation from both the Public T*orks Director and the contractor. Councilman unnell, agreed, and suggested prohibiting parking on Church Street if necessary. After further discussion, Councilman T'alton moved the plans and specifications for Church Street Improvements be approved. The motion was seconded by Councilman Hunnell. Council- man Culbertson then moved an amendment to the motion adding a paragraph to the specifications stating that upon approval of the Public 'Yorks Director the contractor will be allowed to close any portion of the street as deemed necessary by the Public t'orks Director. The motion was seconded by Councilman Brown and carried with Piayor Kirsten voting No. The original motion�as amended, then carried by unanimous vote. C. C. T70OD ADDU Annexation of the Claude C. '.'ood Addition having been T.TITHDPX'N completed, on motion of Councilman Brown, Hunnell second, MW i!RCFPD the City Council adopted 2esolution No. 3178 withdrawing the Claude C. "ood Addition from the Voodbridge Rural r --S. ATO. 3173 County ?ire Protection District. SHADY ACPZS City manager Glaves stated the original subdivision SUBDIVISION agreement from Shady Acres provided for oil penetration AGMEIETIT treatment for Foods Avenue and Hills Avenue where one-half AALfMED of the street is already paved. The developer wishes to - 3 - 199 IMinutes of April 16, 1968 zontin ed complete the finished paving on these streets with two Inches of asphalt instead of the oil penetration treatment as originally specified, The City Manager recommended the original subdivision agreement for Shady Acres Subdivision be amended to provide an additional credit to the sub- divider for the work proposed. On motion of Councilman Culbertson, Hunnell second, the Council amended the original subdivision agreement for Shady Acres Subdivision to pro- vide an additional credit to the subdivider for the work proposed. AWARD - Bids on the 1968 Line Truck were presented, totaling as LIN_ TUCK follows: RES. NO. 3179 Green Ford Sales $8,438,79 Loewen Auto Co. 8,640,72 The City :Manager recommended the bid be awarded to the low bidder. On motion of Councilman Brown, Walton, the City Council adopted resolution No. 3179 awarding the furnishing of the 1968 Line Truck to Green Ford Sales for the amount of the bid ATIArD - The City Manager stated only one bid had been received for LINTS TP,UCK the line truck body, derrick and equipment. It was from BODY, DM— ICK Utility Body Company in the amount of $20,110.02. On & ;OUIPK: TT motion of Councilman Hunnell, Walton second, the City Council adopted resolution No. 3180 awarding the contract for the 179, NO, 3130 furnishing of the line truck body, derrick and equipment to Utility Body Company for $20,110.02. SOFTBALL PARR City Manager Glaves reported to the Council that Mr. Jake CONCISSION Ferguson has proposed opening a small concession stand at STAND the softball park which would be operated by his daughter. He proposes to move a small building on the premises to house the concession and has suggested paying 107. of the gross receipts to the City, .Tayor Kirsten suggested a flat rate be charged rather than a percentage of the gross sales. The rate would be an amount sufficient to cover water and electricity used by the concessionaire. After discussion, Councilman "Alton moved that the City Pfanager be authorized to enter into an agreement with Mr. Ferguson giving Ih•_ Ferguson permission to operate a concession stand at the Softball ?ark and the return to the City be based on a fixed fee rather than a percentage of gross receipts. The motion was seconded by Councilman Culbertson and carried. BALL CLUB A letter had been received from Dario DeBenedetti, General CONTRACT Manager of the Lodi Crushers Baseball Club, requesting the agreement for use of Lawrence Park for the 1968 season be renewed subject to the same conditions as the 1967 contract. On motion of Councilman Culbertson, ?Talton second, the City Council approved the renewal of the contract as reouested. 0".DIPAPiC�S DAVID C. PALL O..DINANC2 NO, 860, entitled "AI -ENDING Til✓ OFFICIAL DISTRICT REZONING hAP OF Th'i CITY OF LODI AND TFC -?.=BY P2ZONLNG TILT'22 PAJRCL'LS LCCAT2D AT 704 AND 708 NOSH CHU2CH STPZDT AND 117 FOPRuST OaD. P;O. 860 AV=TUS- TO B2 RT T." ^.-4, tMLTIPLy-FA IILY INSTITUTIONAL ADOPT -:D ii SIDE TTIAL DIST2,ICT," Having been introduced at the regular meeting of April 3, 1968, was brought up for passage on motion of Councilman Brown, ?dalton second. Second reading was omitted after reading by title, and the ordinance was then passed, adopted and ordered to print by the following vote: - 4 - 200 T:inutes of April 16, 1968 continued r'h'^MAS, it appears from the report of the City Clerk and the records on file in her office that voting precincts were properly established and the polling places thereof designated; that election officers were appointed and :qualified; that election supplies, including official ballots, were furnished each of said precincts; and that in all respects, said election was held and conducted and the votes received thereat received and canvassed and the returns thereof made, determined and declared in time, form and manner as required by the laws of the State providing for and regulating elections in general law cities; and 'B= AS, in accordance with _&solution Yo. 3169, the City Clerk conducted the canvass of the returns of said election; and -.'A=._.AS, the City Council of the City of Lodi, meeting at the City Council Chambers this 16th day of April, 1968, to declare the results of the election and to install the newly elected officers, finds, determines and declares, as a result of said count and canvass as certified by the City Clerk: (1) That said General l.unicipal 'lection was held and conducted in the City of Lodi, California, on the 9th day of April, 1968, in time, form and manner required by law; (2) That there were thirteen voting precincts established in said City for the purpose of holding said election, viz: - 5 - Lyes : Councilmen - BROMIT, CULBE TSON, MMMLL, �:ALTON and =STMT Noes: Councilmen - None Absent: Councilmen - None BUS. LICSNS7, O:.Diaxc2 NO. 861, entitled " AN ORDINANCM AW-NDING R? CARNIVALS M -MON 12-6 OF TFr CODS OF TFC CITY OF LORI AND Timr..':BY PrOVIDING FOP. A LICENSE TAX FOP. CL'RTAIII AMUSIMENT RMS ORD. 110. 861 AND SIMILAR. CONC.33SIONS," having been introduced at the ADOPT -D regular meeting of April 3, 1968, was brought up for passage on motion of Councilman Brown, Mayor Kirsten second. Second reading was omitted after reading by title, and the ordinance was then passed, adopted and or- dered to print by the following vote: Ayes: Councilmen - BROLTN, CULBERTSON, HUNNI:LL, ?IALTOF and KIP.SMN Noes: Councilmen - None Absent: Councilmen - None FAI'.UMNT E Councilman Brown stated he felt a street light should ""TTIZ'r?►DT be installed at the intersection of Fairmont Avenue and SMI. -_T LIGHT Kettleman Lane. On motion of Councilman Brown, Hunneli second, the City Council authorized installation of a street light at the intersection of Fairmont Avenue and Mettleman Lane. MUDTICIPAL The City Clerk certified that she had canvassed the returns 71171,TION of the General Municipal flection held April 9, 1968, and ^_'SULTS reported the results thereof. Cn motion of Councilman Brawn, "alton second, the Council adopted the following :S. NO. 3181 resolution: RESOLUTION ITO. 3181 DECLA_:ING R?SULT OF MICTION `.-,HM'i.AS, a General Municipal :lection was held and conducted in the City of Lodi on Tuesday, the 9th day of April, 1968, as is required by law; and r'h'^MAS, it appears from the report of the City Clerk and the records on file in her office that voting precincts were properly established and the polling places thereof designated; that election officers were appointed and :qualified; that election supplies, including official ballots, were furnished each of said precincts; and that in all respects, said election was held and conducted and the votes received thereat received and canvassed and the returns thereof made, determined and declared in time, form and manner as required by the laws of the State providing for and regulating elections in general law cities; and 'B= AS, in accordance with _&solution Yo. 3169, the City Clerk conducted the canvass of the returns of said election; and -.'A=._.AS, the City Council of the City of Lodi, meeting at the City Council Chambers this 16th day of April, 1968, to declare the results of the election and to install the newly elected officers, finds, determines and declares, as a result of said count and canvass as certified by the City Clerk: (1) That said General l.unicipal 'lection was held and conducted in the City of Lodi, California, on the 9th day of April, 1968, in time, form and manner required by law; (2) That there were thirteen voting precincts established in said City for the purpose of holding said election, viz: - 5 - 201 Minutes of April 16, 1968 continued VOTING PRZCINCT 1, comprising State and County precinct numbers L2401 and L2402. VOTING PRECINCT 2, comprising State and County precinct numbers L2403 and L2404. VOTING PMCINCT 3, comprising State and County precinct numbers L2406 and L2407. VOTING PRECINCT 4, comprising State and County precinct numbers L2408 and L2409. VOTING FEWINCT 5, comprising State and County precinct numbers L2410 and L2411. VOTING PRECINCT 6, comprising State and County precinct numbers L2412 and L2413. VOTING PRZCINCT 7, comprising State and County precinct numbers L2405 and L2414. VOTING PRrCIDTCT 8, comprising State and County precinct numbers L2415 and L2416. VOTING PRECINCT 9, comprising State and County precince numbers L2417 and :.2418. VOTING PP CItCT 10, comprising State and County precinct numbers L2419 and L2420. VOTING PRECINCT 11, comprising State and County precinct numbers L2421 and L2422. VOTING PRECINCT 12, comprising State and County precinct numbers L2423 and L2424. VOTING PRZCINCT 13, comprising State and County precinct numbers L2425 and L2426. (3) That the whole number of votes cast at said election was Eleven Thousand Two Fundred Twenty-nine (11,229). (4) That the names of the persons voted for, the offices for which they were voted, and the number of votes received by each of said persons in each of said precincts, together with the whole number of votes received in the entire City by each of said persons are as follows: - 6 - 202 Minutes of April 16, 1968 continued RPSOLV D, TM-,U.FORE, that at said General Municipal Election, held in the City of Lodi on April 9, 1968, the following named persons were elected to the office of City Councilman: JT.'RALD KIRST77N, for a term of four years from and after the 16th day, of April, 1968, and until his successor shall have been elected and shall have qualified; 87N SCFAnSR, for a term of facer years from and after the 16th day of April, 1968, and until his successor shall have been elected and shall have qualified. Upon the adoption of this resolution, the City Clerk shall enter a full copy thereof on the records of the City Council of the City of Lodi for its meeting held this 16th day of April, 1968. PLAQV- FOR mayor Kirsten presented outgoing Councilman Walton with a COUNCIL%WlT.*ALT011 plaque in appreciation of Mr. walton's service to the City as Councilman and Mayor. Councilman Walton thanked the 'mayor and stated he had learned a great deal while serving as Councilman and hoped he had also contributed to the City. iiayor Kirsten welcomed Councilman -elect Ben Schaffer. Mayor Kirsten also thanked the Council for their cooperation during the past year. he then relinquished the chair to the City Clerk. - 7 - For City Councilman Prec. Jerald Gene Michael A. We. i Bea No. KIRSTEN t7ALTON LIMA REMPFER SCHAFM 1 148 86 18 147 207 2 194 94 30 184 232 3 196 94 20 137 239 4 252 108 16 155 297 5 341 181 27 149 391 6 288 127 8 120 311 7 207 115 31 149 238 8 382 170 20 154 366 9 243 156 20 143 276 10 252 151 28 187 299 11 289 151 17 115 271 12 264 164 25 156 263 13 311 185 '25 152 273 Abe. 73 26 6 18 61 TOTAL 3440 1808 291 1966 3724 RPSOLV D, TM-,U.FORE, that at said General Municipal Election, held in the City of Lodi on April 9, 1968, the following named persons were elected to the office of City Councilman: JT.'RALD KIRST77N, for a term of four years from and after the 16th day, of April, 1968, and until his successor shall have been elected and shall have qualified; 87N SCFAnSR, for a term of facer years from and after the 16th day of April, 1968, and until his successor shall have been elected and shall have qualified. Upon the adoption of this resolution, the City Clerk shall enter a full copy thereof on the records of the City Council of the City of Lodi for its meeting held this 16th day of April, 1968. PLAQV- FOR mayor Kirsten presented outgoing Councilman Walton with a COUNCIL%WlT.*ALT011 plaque in appreciation of Mr. walton's service to the City as Councilman and Mayor. Councilman Walton thanked the 'mayor and stated he had learned a great deal while serving as Councilman and hoped he had also contributed to the City. iiayor Kirsten welcomed Councilman -elect Ben Schaffer. Mayor Kirsten also thanked the Council for their cooperation during the past year. he then relinquished the chair to the City Clerk. - 7 - Minutes of April 16, 1968 OATH OF OFFIC' The City Clerk administered the oath of office to TA? 4 Mr. Schaffer and ,`ir. Cirsten and presented a certificate of election to each. ?iQOP,GASTIZaT`10Y OF =3 CITY COUJCIL MAYOR AND The City Clerk called the new Council to order and asked VICE MAYO' for nominations for Mayor. Councilman Kirsten nominated .L3CT-D Councilman Hunnell. The motion was seconded by Councilman Brown. The nominations were closed on motion of Council- man Brown. Councilman Hunnell was elected by unanimous v ote. ADJOL:2IT4MI T Mayor Hunnell then took the chair as presiding officer, and :welcomed Councilman Schaffer and called for nominations for Mayor Peo Tempore. Councilman Brown nominated Councilman Culbertson. The motion was seconded by Councilman Kirsten and carried unanimously. Mayor Hunnell remarked that he felt the Council should consider earlier or additional meetings to provide more time for business. Thera being no further business, the Council adjourned at 9:30 p.m. G . Attest: BESSIZ L. 2_"N_4TT City Cleric 8 - 203