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HomeMy WebLinkAboutMinutes - December 7, 1966472 CITY COUNCIL, CI -1Y OF LODI CITY HALL COUNCIL CHAZMZa,S DECENiBER 7, 1966 A regular meeting of the City Council of the City of Lodi was held beginning at 8 p.m. of Wednesday, December 7, 1966, in the City Hall — Council Chambers. ROLL QkLL Present: Councilmen - BROZI, CULBERTSON, HUN11MLL, KIRSTER and WALTON (Mayor) Ebsent: Councilmen - !lone i.lso present: City Aianager Glaves, City Attorney i•iullen, Administrative E+ssistant Peterson and Planning Director Schroeder. MINUTES !Minutes of November 16, 1966 were approved as written and mailed on motion of Councilman Culbertson, Kirsten second, after corzecting the third sentence from the bottom of the first paragraph on page 3 to read as follows: "Councilman Culbertson was of the opinion that.the paragraph on lighting should be revised to require that the pool room be open to public view only rather than to require that it be open to full view from a street." PUBLIC HEARINGS APPEAL - Notice thereof having been published in accordance LODI FUNERAL with law, Mayor Walton called for hearing on the appeal HONE SIGN of Sam Salas from the decision of the Planning Com- mission in denying him a variance in the maximum sign area permitted .in a C -P Commercial -Professional zone for the erection of a sign at the Lodi Funeral Home, 725 South Fairmont. Ur. Salas spoke in behalf of his appeal, stating that he wants to erect a 3' x 4' sign. This would give him twice the surface area allowed by tine zoning ordinance. Because of his 300' frontage, he felt that the allowable sign area was inadequate. There was no one else in the audience who wished to be heard for or against the appeal and there were no written communications on .this matter. The public portion of the hearing was then closed. The Council discussed the sign allowance for insti- tutions which is 20 sq. ft. as compared to 12 sq. ft. for.0-P uses. They also talked about the sign require- ment in relation to the amount of frontage at Lodi Funeral Home. Mayor Walton was of the opinion that signs in a C -P zone were for identification purposes and the allowable size was adequate: Some members of the Council felt a larger size sign should be per- mitted for the Lodi Funeral Home because of the amount of frontage and some also felt the funeral home might be classed as semi -institutional. After further discussion, it was moved by Councilman Kirsten that Sam Salas be granted a variance to permit a sign up to 20 sq. ft. (10 sq. It. on each side) at the Lodi Funeral Home, 725 South Fairmont Avenue. The motion was seconded by Councilman Brown and carried by the following vote: AYES: Councilmen - B3OWTI, CULBERTSON, HikNELL MRS= NOES: Councilmen %MAYOR 4ALTON 1 i4nutes of December 7, l i7iJ continued INITIATE CHf._.GE The Council talked further about the difference in IID COiila RE SIG45 allowable signs forinstitutions and C -P uses and also the definition of institutions. It was moved by Councilman Hunnell that the Council initiate a change in the zoning ordinance so that the maximum area of a sign is 20 square feet in the C -P zone and that it be referred to the Planning Commission. The motion was seconded by Councilman Culbertson and carried by the following votez AYES: Councilmen - BROWN, CULBERTSON, and HUMELL NOES: Councilmen - KIRSMDI and WALMI INTERPRETxTION On motion of Co uncilman Culbertson, Hunnell second, SIZE OF SIG17 the Council by unanimous vote confirmed the present interpretation of the size of signs as the total area of readable portion. TAXI STANDS i!otice thereof having been published in accordance FOR CITY CAB CO. with law, Mayor Walton called for hearing on the appli- cation of City Cab Company for a taxi stand for one RES. NO. 3017 cab on Pine Street at the northeast corner of Pine an4 School Streets and a taxi stand for two cabs on Lockeford Street at the northeast corner of School and Lockeford Streets. The Cab Company is also requesting an encroachment permit to install a telephone at the Lockeford Street site. Mr. Edward Dancer of the City Cab Company spoke in behalf of his request. There being no one else in the audience who wished to be heard, the public portion of the hearing was closed. Mr. Glaves reported that the Public Works Department recommended that the request be approved with"the curb for the stands being painted white and marked "Ito - Parking, Taxi Stand" and a sign erected with the same designation thereon; also, that the taxi telephone be relocated at the Company's expense with all wires being located underground, kf ter consideration, on motion of Councilman Hunnell, Kirsten second, the City Council adopted Resolution 3017 granting the stands as requested and authorized granting an encroachment ... permit for the telephone, as recommended by the Public Works Department. ST. PETER'S Kr. Clint Hoellworth, 719 South Garfield Street, repre- OUThERAN CHURCH. senting St. Peter's Lutieran Church, said the church RE PROPERTY wished to sell a portion of its property on Lower DEVELOPMENT Sacramento Road but was having difficulty because of sewer and water costs. They wish to sell that part of the property which is north of Basin B-2 and would like the City to pay for part of the sewer and water lines which would be located in the future street north of the basin. He said that in negotiating with the City at the time the City purchased a portion of the land for Basin B-2, they.understood that the City would pay a share of the water and sewer lines. Zhe City Manager pointed out that the.policy of the City is to require the developer to pay for utilities. He said the City will not need facilities on the north as the intention was to service the basin from the south. On being asked, Mr. Hoellworth said the Church could wait two weeks for an answer from the City. Councilman Kirsten moved that the matter be continued to the meeting of December 21 and that a report be given on utilities for Basin B-2 at that time. The motion was seconded by Councilman Hunnell and carried by unanimous vote. -2 - i,iinutes of December 7, 1966 continued REUBEN 'LERBZ i•;r. Reuben Zerbe, 427 Cherry Drive, said he would like RECtUSTS a hearing before the City Council the second meeting fOARING in January. His complaint is against City personnel and he would like to be heard at an executive session. On motion of Councilman Kirsten, Culbertson second, the City Council agreed to have an executive session at its meeting of January 12, 1967 in order to hear i•;r. Zerbe's complaint. PLI±NNING CO idx.3 10111 The Planning Commission took the following actions at its meeting of November 14: 1. Recommended to the County that property along Main Street in the Town of Woodbridge belonging to Woodbridge Irrigation District be zoned with the most restrictive zoning that will permit the Irrigation District to continue to operate in the area. 2. Approved the request of the First Southern Baptist Church for a use permit to erect an addition to existing church facilities at the northwest corner of Lodi Avenue and Allen Drive in an R-1 area subject to certain conditions. 3, Approved the request of Dr. Carroll E. Dow for a variance to permit t:ie improvement of a non- conforming animal hospital at 39 North Ham Lane in the A-1 zone. This action will permit the enclosure of present kennel facilities and will shield the' barking dogs from the surrounding residential areas. Pio additional yard area may be devoted to the confinement of animals. 4. Continued the request of Fir. Vernon W. Weldin for a use permit to establish a teenage recreation room (includes billiards, soft drinks, etc.) at 22 South School Street. The Planning Commission took the following actions at its meeting of November 28: 1.:. Recommended to the City Council that all area bounded by West lalnut Street, South Ham Lane and West Lodi. Avenue be zoned R-3, Limited Multiple Family Residential. On motion of Councilman Brown, Kirsten second, the matter was set for hearing on December 21, . 1966. 2. Recommended to the City Council the prezoning prior to annexation of a parcel of land at the northeast corner of Turner Road and Main Street (Woodbridge) belonging to General Hills to "N" Industrial. On motion of Councilman Culbertson, Kirsten second, the proposed prezoning was set for public hearing at the meeting of December 21, 1966. 3, approved the transfer of a use permit for an existing coin-operated car wash at 600 1/2 West Lodi Avenue in a C-1 zone from Ronald Walther to [vir. and Mrs. Wesley T. Mull. 4. Denied the request of b;r. Ted Hickel for a variance to permit off-street parking in a required side yard at 423 West Oak Street in an area zoned R-4. - 3 - 4- 7S Ninutes of December 7, 1966 continued Me Planning Commission took the followir_g actions at its meeting of December 51 1. Determined and reaffirmed a previous action that present sign restrictions in residential and C -P Professional Office zones are adequate for all land uses. 2: =Determined by a'vote of 5 to 3, with one com- missioner abstaining, that the present ratio of one square foot of sign area for each lineal foot of street frontage with the maximum size of any one sign being three hundred square feet was ade- quate in a C-1 zone. 3, Continued consideration of sign restrictions in the C -S zone to December 12. 4. Denied the request of Mr. Carl Fink for Lakewood :)-rugs for a variance in the maximum allowable sign area in a C-1 zone to permit the erection of an additional free-standing sign at Lakewood Plaza at the northeast corner of Ham Lane and Lockeford Street. C%+1UNICF.TI ONS APPEAL -FIRST An appeal was read from the First Southern Baptist SO. BAFrIST CHURCH Church concerning the conditions required by the Planning Commission in order to obtain a use.permit for an addition to church facilities at the northwest corner of Lodi Avenue and .lien Drive. On motion of Councilman Kirsten, Brown second, the matter was set for public hearing on December 21, 1966. APPEAL 1. letter was read from Carl J. Fink appealing the LAKEWOOD DRUGS action of the Planning Commission denying the request of Lakewood Drugs for a variance to increase the maxi- mum allowable sign'area in a C-1 zone to permit the erection of an additional sign at Lakewood Plaza. On motion of Councilman Kirsten, -Brown second, the appeal was set for public hearing on December 21, 1966. OBJECTORS TO F_ petition -was received from various owners and/or BILLIARD ROOM lessees in the 00 block of South School Street stating ON S. SCHOOL their objections to the reque'sted•issuance of a use permit for a billiard -parlor in that block. ABC LICENSE Notice was read of an application for Alcoholic :., Beverage License, Original Application of Jesus Ni. and Regina C. Haro, for an On -Sale Beer license, for E1 Sombrero, 122 North Sacramento Street. REPORTS OF THE CITY MNAGER CLAIMS f ;,: Claims iri.the •amount of $148,919,45 were approved on motion of Councilman Kirsten, Hunnell second. LODI AVE. RAJ Mr. Glaves reported that negotiations -had beeri com- AIQD pleted-with Don Wood for right of way on Lodi Avenue OILED WAUGJAY and fora temporary walkway For children going to FOR CHILDREN Vinewood School, City F_ttorney ioIullen read the letter from Mr. Wood offering the deed with the follow- ing conditions: 1, The City will at its own expense install curb, gutter,' sidewalk and paving to the property'beins deeded. - 4 - 4 7G Ainutes of December 7, 1966 continued 2. The City will furnish Mr. Wood for approval a set of improvement plans, including the relocation and installation of all landscaping, sprinkler lines and other existing improvements. 3. The City shall set new property -line monuments. As past of the transaction i•ir. Wood agrees to give the City the right to oil a strip of land, approximately six feet wide, extending from the easterly boundary of the deeded property to the west line of Kills ;.venue. This is to be a temporary walkway for school children and the public and the City shall accept full liability and responsibility for its use. On motion of Councilman Brown, I.irsten second, the City Council accepted the deed with the conditions set forth in Mr. Woods's letter and requested that a letter be written to Wr. Mood expressing the thanks of the Council for his courtesy and cooperation. R/W FOR i,ir. Glaves said he had been approached by Fix. Gordon VESTS60OW AVE. ilichols requesting that the City accept a deed to ACCEPTED extend Westwood Avenue northerly to Lake Street, providing the City will install all the improvements on the west side of the street and all improvements except sidewalk on the east side of the street. In 1959 the City Council had determined that Westwood. ;.venue should be extended through to Lake Street and had established building setback lines along the future extension. At that time the property owners had dedi- cated an 18 -foot strip along the west line of the proposed extension in order to provide a walkway to Lake Street. In exchange for this deed the City had installed curb, gutter and sidewalk along part of the property facing Lake Street. Hr. Glaves recommended that the deed for the rest of the street be accepted. the property owner would be responsible for installa- tion of sidewalk along the east side of the street and also any water or sewer lines that might be required if the property is further developed. On motion of Councilman Culbertson, Hunnell second, the City Council accepted the proposal of Mr. Nichols for dedication of right of way for the opening of %AA -Atwood Avenue to Lake Street. LOADING ZONES A request has been received from the Seventh Day AT SLA ELEiEiiTARY ;.dveatist Elementary School for loading zones on Mission SCHOOL Street and on Garfield Street adjacent to the school. Buses are used to -transport many of the students and RES, N0. 3018 according to the school principal the problem of loading and unloading children has become acute. The Public Works Department recommended an 88 -foot zone along Mission Street and an aO-foot zone on Garfield. Councilman Culbertson said he would prefer to have more information before making a decision. After discussion, Councilman Brown moved the adoption of Resolution No. 3016 establishing the passenger loading zones on Mission and Garfield Streets as requested. His motion was seconded by Councilman Kirsten and carried by the following vote: AYES. Councilmen - BROWN, KIRSTEN and DALTON NOES: Councilmen - CGLBERTSCN and HUNNELL - 5 - 4" 4-77 iiiautes of December ?; 1966 continued REGULATION OF Gr .finance k10 , 830 amending the City Code to provide for BILLIARD AND regulation of billiard and pool rooms having been POOL ROOMS introduced at the meeting of November 16 and rewritten OF BLDG CODE - by the City Attorney in accordance with the Council's — ORD. NO. 830 instructions, was brought up for Council consider - ADOPTED ation, copies having been forwarded to each councilman. RES. NO. 3019 Mayor Walton suggested that the wording in paragraph AND NO. 3020 (1) on page 2 be changed to show that Adult Evening School would not be included as time when school is in session. Councilman Kirsten, Culbertson second, moved that Ordinance 1Io. 830 be adopted with the change recommended by the Mayor. Councilman Culbertson then mentioned that the schools might be having alter- nate sessions and the way the ordinance is written it would prevent students from frequenting billiard rooms during any school hours, regardless of what session they attended. Councilman Culbertson moved that the notion of Councilman Kirsten be amended by deleting uie restriction in regard to school hours. There was no second to the motion. The original motion then failed to carry by the following vote: AYES: Councilmen - BRO',41 and KIRSTEN I1OES:' Councilmen - CULBERTSOII, HUNNELL and WALTOII Councilman Culbertson said the school authorities keep close check on the students and the ordinance restriction in regard to school hours is unnecessary and puts a burden on the operator and the police. Councilman Culbertson 'Then moved the adoption of Ordinance No. 830 as presented by the City Attorney except that paragraph (1) be changed by deleting the words, "...during hours in which'any public school is in session within the City of Lodi." Councilman Hunnell seconded the motion, stating he agreed with Councilman Culbertson, having checked billiard parlors in other areas and found no problems as far as atten- dance during school hours is concerned. Councilman Kirsten felt the school session regulation should not be deleted; that it gives the proprietor a tool to work with and eliminating this requirement places a burden on the schools and provides a temptation for some students. Reading of the ordinance in full was waived by unanimous vote, and after reading of title only ORDINANCE Ido. 830, entitled "Ail ORDLiANCE OF THE CITY OF LODI REGULATING BILLI-RD A11D POOL ROOMS AND REPEALING SECTIO14S 15-12 t.I1D 15-13 OF lliE LODI CITY CCD-- ENTITLED 'POOL ROONS--1,II1dORS PROHIBITED'' was then passed, adopted and ordered to print by the following vote: - 6 - AYES: ' Councilmen - CULBE_2TSON, HUNELL and SOALTCII NOES: Councilmen - BRCF;A1 and KIRSTEN LOCAL CONTROL idr. Glaves presented a letter from Carmen Perino, OF BLDG CODE - County Supervisor, which was sent to the City pursuant HONE RUL11 to the consensus of a recent meeting of the Cities and County Association. inclosed with the letter were RES. NO. 3019 trio resolutions, one dealing with the equality of AND NO. 3020 codes in the building departments and the other con- cerning the principle of home rule. The letter urged that the City adopt similar resolutions. On motion of Councilman Culbertson, Brown second, the City Council adopted Resolution No. 3019 affirming the principle of home rule in the conduct of building code activities znd opposing the recommendations for the establishment - 6 - Minutes of December 7, 1:55 continued of State or Federal 'building codes and their related activities. On motion of Councilman Culbertson, Broom second, the City Council adopted Resolution ilo. 3020 declaring that the building, housing, plumbing, :seating and comfort cooling, and electrical codes as - a whole prescribe minimum standards equal to or greater than those prescribed by the State Housing Law and by Title 8 of the California Administrative Code and shall apply in the City of Lodi and supersede the State Housing Law and Title 8 of the California ,�_dministrative Code. COiYTRACT The City Manager said the Recreation Department would FOR BALLPARK like to have plans and specifications drawn up for GRAiIDSTAND the proposed new grandstand section, to contain bo- PLP:i•IS seats, at Lawrence Ball Par::, and recommended that the City contract with the firm of Outdoor Products Company to prepare the plans and specifications which they :nave offered to do for $600. On motion of Councilman Culbertson, Brown second, the City Council authorized entering into a contract with Outdoor Products as recommended. DRAFT OF ,_ draft of the proposed contract for the Cooperative COOPEZF_TIVS Library System was presented to members of the Council LIBRARY SYSTZIi for review. The draft has been approved by the Library AGREEMENT Board of Trustees. City Librarian Lachendro outlined the points of the contract which have also been reviewed by the City Attorney. The Council had no objections to the draft as presented. REbIPFER City F_ttorney Mullen informed the Council that the LA:�SUIT lawsuit of Mr. Wm. E. 2empfer against the City involving the legality of the dreg store at the Medical Arts Building had been decided in favor of the City. SPECS - Marion J. Varner, Architect for the Public Safety COhiViLPIICATICIIS Building, recommended that the Council approve the E UIPNF-:IT plans and specifications for the communications equip- ment for the safety building with the addition of two date time clocks. He suggested advertising for approxi- mately three weeks and that award be made the second Lieeting in January. sir. Varner then introduced iir. _immer who presented the color scheme and materials for furnishing the interior of the Public Safety Luilding. Members of the Council were in accord writ:: the color concepts as presented. Councilman Culbertson suggested that the award of bids on the communications JLNUARY 11 equipment be made on January 11. The Council members i,ZIRTING agreed to having a meeting on that date. Councilman Brown moved that the specifications for the communi- cations equipment, including two date -time clocks, be approved and that advertising for bids be authorized. The motion was seconded by Councilman Kirsten and carried by unanimous vote. ADJOGi2NMENT On motion of Councilman Kirsten, Hunnell second, the Council adjourned at 11;40 p.m. Attest: Beatrice Garibaldi City Clerk - 7 -