Loading...
HomeMy WebLinkAboutMinutes - August 17, 196642; CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS AUGUST 17, 1966 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m. of Wednesday, August 17, 1966 in the City Hall Council Chambers. ROLL CALL Present: Councilmen - BROvXv CLISERTSON, HLMELL KIRSTEN and WALTON (Mayor) Absent: Councilmen - None Also present were City Manager Glaves, City Attorney Mullen and Administrative Assistant Peterson. MINUTES Kinutes of August 3, 1966, were approved as written and mailed on motion of Councilman Brown, Culbertson second, after changing the next to the last sentence in the paragraph on page 2 entitled "Rezoning SE Corner Lower Sacto Rd & Turner Rd to P -D" to read as follows: "With the understanding that in the con- ditions, the paragrgh on landscaping would be worded to indicate the landscaping plans would be prepared by the developer and reviewed by the city staff before submission to the Planning Commission and that the paragraph covering fencing for the Eastside Residential Area would be amended to require fencing along the south side thereof, it was moved by Councilman Brown, Hunnell second, that the City Council introduce Ordinance No. 823 rezoning property at the southeast corner of Lower Sacramento Road and Turner Road to P -D(1)." - PUBLIC HEARINGS APPEAL.RE The hearing on the appeal of Harman's Kentucky Fried HARMAN@S=SIGN Chicken Cafe from the decision of the Planning Com - 820 W. LODI-AVE. mission in denying their request for a revolving sign - .• at 820 West Lodi Avenue having been continued from the meeting of August 3, 1966, Mayor Walton asked if there was anyone in the audience who wished to speak on - behalf of the appeal. Nir. Phil Augason, co-owner of Harman's, said he had expressed himself at the previous Council meeting and had nothing new to add. There were no others in the diudience for or against the appeal. Councilman Hunnell said he had observed the sign rotate and that he did not find it objectionable or distracting while -driving. Councilman Brown agreed with Councilman+ Hunnell, but added that because of the light, a time -.-. limit should be.put on the sign so as not to bother the residences on the north side of the street. Councilman Kirsten felt no hardship was -involved so there was no compelling reason to make an exception. Mayor Walton said he did not find the sign objectionable, but questioned whether the City should start making exceptions. Councilman Culbertson said the ordinance was written to permit rotating signs with a use permit and he moved that the appeal be granted and that a use permit for the rotating sign be issued providing it was turned off at 10:30 p.m. NIX. Glaves said this sign was being treated.differently than others since other signs were allowed to be lit all night. Councilman Culbertson said he was concerned about this and moved to amend his motion to provide that only rotation of the sign be M� 2k> Minutes of August 17, 1566 continued stopped by 10;30 p.m. The motion to amend was seconded by Councilman Hunnell and carried by the following vote: AYES. Councilmen Bd06al, CULBERTSON, HU4NELL and WALTON - NOES: Councilmen - KIRSTM.1 n The amended motion to grant the appeal provided the rotation of the sign was turned off by 10:30 p.m. each day then passed by the following vote. AYES: Councilmen - BROAN, CULBERTSON, HLM-TELL and WALTON NOES: Councilmen - KIRST: 14 APPEkL RE notice thereof having been published in accordance with PIZZA GARDEN law, Mayor Walton called for public hearing on the SIGN appeal of Dean Buttell, 704-B West Lodi Avenue, from the decision of the Planning Commission denying his W. LODI AVE. request for a variance in the maximum sign area in the 704-B C-1 zone to permit erection of a sign at the "Pizza Garden," 704-B West Lodi Avenue. There were no communi- cations for or against the appeal. Mr. Ben Schaffer, Realtor, representing Kv. Buttell and the property owners, stated that the bui.ldings_in this location mere in a "U" shape so that it was a hardship for business on this property to be limited in sign area on the basis of front footage. He stated that every business should have the right to proper identification and that the entrance to the Pizza Garden was 200 feet from the front. Mr. Dean Buttell, stated that several times the present sign, which is attached to the face of tie building, has been removed by vendals and he would._ therefore like to place a sign higher up and extending out from the front of tie building. He showed the Council a sketch of his proposed sign, half of which was to advertise RC Cola. Councilman Culbertson suggested that a sign be made which would just advertiice tiie "Pizza Garden" so that it would not need to be so large. Councilman Kirsten said he did not feel that a hardship was being shown. Councilman Brown said 14r. Buttell was entitled to a sign but not as large as he was asking. Councilman.Culbertson moved that Mr. Buttell be granted a modified version of his appeal which would.allow-a sign limited in size to 7.5 square feet on each side•and without the RC advertising or any advertising of, a product not made on the premises. His motion was seconded by Councilman Brown and carried by the following vote: Ayes: Councilmen- BROM; CUL82RTSCN and HUJ11ZLL Noes: Councilmen - I:IRSTMI and WALT014 11MEX HOM ADD -A. Notice thereof having been published in accordance with law, Mayor Walton called for public hearing on the ORD. NO. B24 proposal to annex 32.2 acres at the intersection of Lodi INTRODUCED Lvenue and Lower Sacramento Road as the Ham Addition. There were no protests, written or oral. On motion of Councilman Culbertson, Xirsten second, the City Council. introduced Ordinance IIo. 824 annexing the Hom Addition to the City of Lodi. n 14inutes of August 17, 1966 continued PLANNING CC62IISSION The following actions of the Planning Commission at its meeting of August 8, 1966, were reported: 1. Adopted Resolution 66-4 which establishes a policy for structural connections between living units in multiple dwellings. 2. Approved the request of Mr. Thomas Hom, et al, for a use permit to construct Phase I of the proposed Lodi Super Market Shopping Center at the southwest corner of West Lodi Avenue (Sargent Road) and Lower Sacramento Road in an area zoned C -S, Commercial -Shopping District with thirteen (13) conditions. 3. Continued studies on (1) recommendations for the development of junk yards, wrecking yards, etc. and (2) sign requirements in,the C -P, Commercial - Professional zone. COh$ tVICATIONS J. E. MACHEN CLAIM `FOR DAMAGES - FRONTIER SAVINGS AND LOAN -RE PARKING LOT STALLS ANNEX _ ._..:. ST. PETER.OS LUniERAN ADD. RES. NO. 2975 ADOPTM NATIONAL HIGHWAY WEEK 427 A claim for damages on behalf of John E. Mar -hen, 710 eureka Avenue, was filed by Stewart C. Adams, Jr. The claim was in the amount of $285.40 for property damage. On motion of Councilman Hunnell, Kirsten second, the Council denied the claim of John E. Machen and referred it to the City's tgent of Record, Mr. Max 31son, for action. A letter was read from Frontier Savings and Loan Fssociation requesting that they be permitted to use two parking'stalls adjacent to their. west side entrance which faces the City perking lot. This area would be converted into a walkway' and in exchange for the use of the stalls•Frontier Savings -and Loan will pay the City at the meter rate or any other mutually agreed rate so that there will be no loss of revenue to the City. They will also share in the costs of landscaping this parking lot. Councilman Kirsten moved that the pro- posal of Frontier Savings and Loan Association be accepted on a ten-year basis provided mutually agreeable terms could be'worked out. -His motion was seconded by Councilman Culbertson. City Manager Glaves suggested that the City hold '&'j6int'meetin'g with Frontier Savings and Bank of America to discuss landscaping plans. Mr. Lloyd Diede, Secretary of Frontier Savings and Loan, said they would be willing to -participate in anything fair. 'The motion carried by unanimous vote. A petition was received from owners of not less than one-fourth of the land by area and by assessed valuation for annexation of 24_.2 acres to be known as St. Peter's Lutheran Addition. --The proposed annexation was approved by the Local Agency Formation Commission of San Joaquin County on June 17, 1966. On motion of Councilman Kirsten, Hunnell second, the City Council adopted Resolution No.'2975 declaring.the Council's intention to annex the property and setting public hearing thereon for October 5, 1966. A letter was received from J. G. Meyer, District Engineer, Division of Highways, informing the Council that September 18-24 will be Rational Highway Week and requesting endorsement thereof. - 3 - 4'2.8 Vinutes of August 17, 1965 continued F14SRICAW L GIOiI t_ letter was read from John Schook, Commander, Lodi RE LAWRENCS Post Ito. 22, The American Legion, thanking the City PARK for the use of Lawrence Park for their annual picnic. City i+ianager Glaves said that the Legion Picnic had left the lawn at the park in horrible shape and he did not know if the lawn could _take such a setback every year. City Attorney Mullen suggested that the Legion be notified to contact the City well in advance of the picnic date -if they wished to use Lawrence Park next year as it might be necessary for them to consider other sites. REPORTS OF TW_ CITY MANAGER CLAIMS Claims in the amount of $182,363.85 were approved on motion of Councilman Culbertson, Kirsten second. 1911 IMPROVEMENT Mr. Glaves gave a resume of his report on use of 1911 - ACT 1913 Act for Subdivision Improvements, copies of which had been sent to members of the Council. Cities con- tacted during the investigation had been quite consistent in their views on use of this method of financing that the City should be very cautious about the financial stability of the persons involved and the suitability of the land to be subdivided; that it proved to be an administrative burden on the city; and that its benefit to the public was questionable. 14r. Willard Beckman, representing Beckman & Company, stated he realized the City had a responsibility in deciding which subdivisions to accept or reject for such financing. According to Ur. Beckman, money is tight and it is difficult to get long-term financing at this time except by boizds. He said development of the city should be encouraged, and the Council should distinguish between what was good and what was not. His company has contracted to buy the bonds for the proposed Sunset South subdivision to be developed by Lodi Development Corporation south of Hutchins -Sunset Park. He felt this subdivision should be given some consideration. Bir. Robert Blewett, representing the subdividers, speaking on behalf of his clients, said the area under consideration is prime property for development, the subdividers are local people of substance, and that the bond underwriter is also local. In regard to the problem of administration which was raised, Wr. Blewett felt the City would have no difficulties and that a service fee of $75 would be reasonable. i•ir. John Capell, one o£ the subdividers, stated that the value of the proposed subdivision to the community should be considered. He said that the cities which - opposed this method of financing did so because they.....' considered it an administrative burden, but any problem for Lodi was conjecture.- In his opinion, 1911 bonds would never be a burden on tine taxpayer, the present proposal was an ideal situation and there was no better time to go to the 1911 F.ct. iie said it would be for the public benefit as there is a shortage of money and building permits have decreased. The cost of their lots will not be more than intended and the developers will absorb part of the increases. He felt that the City idanager's report indicated he was looking for failures. =here was no one else in the audience who wished to Speak at this time. City IGanager Glaves said his report gave an accurate picture of what he had learned �� Winutes of August 17, 1955 continued from the cities contacted. He said he was concerned with City policy.- Stockton has had one subdivision under the 1911 Lct and is not encouraging more. His feeling was that the City should not act as a lending institution, and was not in a position to say which developer is sound financially. He"'felt the proper use of this method of financing was for multiple ovmer- ships where improvements were needed and such use should be encouraged. in his opinion, there was no public need to get involved and he did not consider the 1911 Act was the only means offinancing for this subdivision. Other cities have advised against it. Mr. Robert D. Houston of Lodi Development Corporation said that money is not available and that the City should cooperate in getting this subdivision under way. He said it would be for the public benefit as homes have to be built to sustain growth and the taxpayers would not be jeopardized;' Mr. Glaves asked if this were the only way to finance the project. Mr. Houston said -if the 1911 Act were not used,'they would have to resort to types of financing that would increase costs. There were no others in the audience who wished to be heard and Mayor Walton asked members of the Council fox their comments. Councilman Brown asked Mr. Blewett what the City would have to do in the event the 1911 Act were used. Mr. Biewett answered that the City con- ducts the proceedings, adopts resolutions, sees that they are published and notices mailed, and conducts hearings. The attorneys for the subdivider take care of the scheduling and legal forms and the subdivider's engineer draws the plans which are approved by the City and on which -the City calls for bids. The City issues the bonds; usually the bonds go five to six years, but can go for fifteen. Bond holders send in coupons twice a year for payment. The City has no liability but has to process the bonds for which a service fee - is paid. Councilman Culbertson pointed out that delinquency and foreclosure problems would affect the fee. Councilman Hunnell said it was not easy to determine the financial condition of the subdividers and they probably will not stop development of the proposed subdivision if they cannot get the 1911 bonds. He felt the City should stay out -of the 1911 Act proceedings. If the City goes into it and something goes wrong, the City will bear the brunt. Mayor Walton said the decision of the Council would be important as it would-be setting a precedent.= -He stated he had done some research on his own, contacting Pacifica, Novato, Stockton, Rohnert Park and Sebastopol and their experience had been such that they recommended against the 1911 Act. Also, Sacramento had informed him they were using -the 1915 Act and would not recommend using the 1911 Act. The Mayor was of the opinion that if this request were allowed, the City would be receiving more requests for financing under the 1911 Act. Councilman Culbertson said he realized burdens on the subdividers have increased, that money was tight at the moment, that there were arguments in favor of both sides; that the kind of propexty proposed for subdividinc was important, and that he would like to wait a few months before making a decision. Councilman Kirsten felt the money problem would be getting worse; Lodi needs steady growth and people will need homes. He said the subdividers making the request have integrity and the City should try financing through the 1911 F,ct. - 5 - 430 1.-Unutes of August 17, 1966 continued Ne felt the biggest problem tides the administrative burden and he felt that $100 per lot for servicing plus 17. for inspection should cover the costs to the City. Councilman Hunnell did not feel that the need for lots was critical. On being questioned by Council- man Culbertson, Hr. Blewett-said that work could be started on the project 45 days after proceedings were started. Councilman Kirsten moved that the petition of Lodi Development Corporation for financing the Sunset Couth Subdivision by forming an assessment district under the 1911 Act be approved subject to a fee of 1% of the assessment plus $100 per lot. His motion was seconded by Councilman Brown and failed to carry by the following vote: Ayes: Councilmen - BROWN and KIRSTEN Hoes: Councilmen - CULBERTSON, HLNNELL and W&L.TGii Councilman Culbertson had prefaced his vote by stating that he would like to consider the request further. i'•ir. Blewett said he would like to submit additional information. Councilman Culbertson then moved that the petition be considered at the meeting of September 21, 1966. His motion was seconded by Councilman Brown and carried unanimously. RECESS & It being 11:05 p.m., Wayor Walton declared a five- E}MCUTIVE minute recess. After the recess, the Council went SESSION into executive session until 11:27 p.m. at which time the regular meeting reconvened. H. DAi•IIELS i;ayor Walton recommended the appointment of fir. Herman APPOINTED Daniels to the Planning Commission for a four-year TO P.C. term ending June 30, 1970. The Council concurred in the appointment of fir. Daniels on motion of Councilman ::irsten, Brown second. Councilman Culbertson suggested that Mr. James McCarty and 'vtr, Walter Norby, former members of the Commission, be invited to the next Council meeting for presentation of certificates of appreciation. MAYOR LEAVLS Nayor Walton had to leave for business reasons, and turned the conduct of t -ie meeting over to Vice-Wayor Culbertson. AWARD - The following bids had been received for the Storm STORM GRAIN Drain, Tokay Street, Dulls Avenue to Ham Lane: TOKAY 3T.' Alt. 1 Alt, 2 RZS. HO. 2:75 Certified Pipe & Constr. Co. $47,214.40 Cecil Sand & Gravel Co. 50,560.00 Stockton Construction Co. $68,459.70 City Manager Glaves recommended that the low bid be accepted. On motion of Councilman Kirsten, Brown second, the City Council adopted Resolution No. 2975 awarding the contract to the low bidder, Certified ?ipe & Construction Company, for a total of $47,214.40. A.JARD - Mr. Glaves next presented the tabulation of bids ST. IMPVTS received on the Street Improvements, fulls Avenue, MILLS AVE. Capell Drive to Elm Street, as follows: RFS. HO. 2977 Claude C. Wood Company $21,736.00 Tompkins and Gallaven 22,434.15 Minutes of August 17, 1966 continued Mx. Glaves recommended that award be made to the low bidder and on motion Of Councilman Brown, Hunnell second, the City Council adopted Resolution No. 2977 awarding the contract for the street improvements above mentioned to the low bidder, Claude C. Wood Company, for a total of $21,736.00. VOGEL ADON, Annexation of the Vogel Addition having been completed, WITHDRAWN on motion of Councilman Kirstens Brown second, the FROM 1,RCFPD Council adopted Resolution No.' 2978 withdrawing the RES. NO. 2978 Vogel Addition from the Mokelumne Rural County Fire Protection District. MELHAFF ADDO knnexation'of the Melhaff Addition having been completed WITHDRAWN** the_Council adopted Resolution No. 2979 withdrawing FROM WRCFPD the Melhaff Addition from the Woodbridge Rural County RES. NO. 2979 Fire Protection District on motion of Councilman Kirsten, Hunnell second. MILLS EST. ADDU Annexation of the Mills Bstate Addition having been WITHDRAWN completed, the Council adopted Resolution No. 2980 FROM WRCFPD withdrawing the Mills Estate Addition from the RES. NO. 2980 Woodbridge Rural County Fire Protection District on motion of Councilman Brown, Kirsten second. STKN ST. ADD14 Annexation of the Stockton Street Addition having been WITHDRk;iq completed,"on motion of Councilman Brown, Kirsten FROM 4FdCFPD second, the City Council adopted Resolution No. 2981 RES. NO. 2981 withdrawing the Stockton Street Addition from the t]oodbridge Rural County Fire Protection District. 1966-67 CAPITAL. Nx . Glaves then presented the 1966-67 Capital Outlay OUTLAY BtmGET Budget, copies of which had been sent to the Council. He stated that the Public Utilities Commission had ORD. NO, 825 requested the installation of the gates at the INTRODUCED ; Southern Pacific crossing on Lodi Avenue. The City has to share the cost with 'the railroad company. On being questioned, Mr. Glaves-said the tree at the corner of Lodi Avenue and Ham Lane could be removed after the right of way had been acquired. Acquisition of right of way for Lodi Avenue west of Ham is in the Capital Outlay.budget. On motion of Councilman Kirsten, " Brown second, the City Council introduced Ordinance No. 825 adopting the Capital Outlay Budget as presented. 1966-67 TATS RATB The Council then established the following tax rate for the 1966-67 fiscal year'by•adoption of Resolution RES. NO. 2982 I10. 2982 on motion of Councilman Kirsten, Brown second: For the General Fund $ .98 For the Pension Fund .20 For the Storm Drain Fund .20 For the Library Fund 20 A Total Tax Rate of 1.58 JOB SPECS FOR Vir. Glaves presented job specifications for Civil CIVIL ENG. IIS & Engineer III and Water and Sewer Supervisor. Estab- WATER & SEWER lishment of these classifications had been approved SUPERVISOR during consideration of the 1966-67 Operating Budget. ADOPTED On motion of Councilman Kirsten, Brown second, the RES. 140. 2983 City Council adopted Resolution No. 2983 adopting the Job specifications for Civil Engineer III and Water and Sewer Supervisor and establishing a salary range of 73-A for Civil Engineer III and a range of 67-A for Water and Sewer Supervisor. - 7 - 162. i6inutes of August 17, 1966 continued F & hi BANK 14r. Glaves presented plans for the Farmers and PARKING LOT Merchants Bank parking lot at the northeast corner of Pine and Church Streets. The plans did not provide for planting of trees. Mr. Glaves said it appeared the City would not be able to save the elms on Church Street. The Council asked that the plans be returned to the Bank for further review. ACREAGE Tine City Manager said he had been contacted by W OF STADIU14 Mr. T. J. Hallinan in regard to Urs. Hallinan's property west of the Stadium. The property consists of eight acres and the Hallinan's would like to sell it to the City. Mr. Glaves said Parks Supervisor Orest i4erry had designed two softball parks for this parcel and he suggested that if the City purchased the land it be used for softball parks and that the present softball park be turned into a parking lot. If the Council is interested in its purchase, the City could -make application for an open space grant. Since Stockton Box Company is interested in buying this property, the City may not have a second chance. F_fter discussion, it was moved by Councilman Kirsten that the City Manager advise I+Ir. Hallinan that the City was interested in buying the 8 -acre parcel west of the Stadium. His motion was seconded by Councilman Brown and carried unanimously. REMOVAL OF City Manager Glaves recommended that sealed bids be HOUSE AT 316 called for on removal of the Atkinson house at 316 W. ELM ;lest Elm Street. On motion of Councilman Brown, Kirsten second, the City Council authorized adver- tising for sealed bids for removal of the house at 313 ;Jest Elm Street. BRICKS FOR Mr. Glaves informed the Council that the bricks for PUBLIC SAFETY the Public Safety Building had been rejected as the BUILDING manufacturer had not delivered the type of bricks requested. He said there would be a 12 -week delay on the brick work but that the contractor would be able to continue with other work. ORDINANCES REZONING Sir COP CPDINANCE NO. 823, entitled "A1,0 DING THE OFFICIAL LOWER SACTO RD DISTRICT MAP OF THE CITY OF LODI AND ITSREBY REZOIIING & TLRNER RD CERTAIN PROPERTY AT Tile SOUTh?.E:ST CORNER OF LOWER TO P-D(l) SACRAL-ERTO ROAD A14D -LWd1,3? ROF:D TO BE lid THE P-D(l) . PLANNB-D DEVEL.OPbQ4T DISTRICT" having been introduced ORD. IJO. 823 at the regular meeting of August 3, 1966, was brought ADOPTED up for -passage on motion of Councilman Kirsten, I:unnell second. Second reading was omitted after reading by title, and the ordinance was then passed, adopted and ordered to print by the following vote: Ayes: Councilmen - B_ZOkI'I, CULBERTSON, HUNNELL and KIRS EN Noes: Councilmen - None Absent: Mayor Walton KETTLEi+IAN - CouncilmanHunnell said he has had complaints that there FAIRMONT are no lights at the intersection of Kettleman Lane INTF-RSECTIOI4 and Fairmont Avenue and that people intending to go to the hospital do not see the sign until it is too late to turn. ADJOURNMENT ;here being no further business, at 12:30.a.m. the Council adjourned. L'.,ft?G1'! loa T,Tii�o r5rifial rl: