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HomeMy WebLinkAboutMinutes - March 3, 19651-71 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHI-ANZERS MARCH 3, 1965 . A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m. of Wednesday, March 3, 1965, in the City Hall Council Chambers. ROLL CALL Present: Councilmen - CULBERT30I+, DOW, KIRSTEN, WALTON and BROMI(Wayor) Absent: Councilmen - None Also present: City Manager Glaves, Administrative 1:ssistant Peterson, Planning Director Schroeder, and City Attorney Mullen. MINLUES On motion of Councilman Culbeitson,'Kirsten second, the Minutes of February 17, 1965, were approved as written and mailed after correcting the twelfth line in the paragraph on page 4 entitled "Signs on E. Lodi Ave." by changing the words "pay for" to "participate in. PLAIINIIdG C014xiISSIOL P.:D:ZONE Consideration of the Planning Commission's recommendation that Chapter 27 of the City Code (zoning ordinance) be amended to provide for a Planned Development District (P -D Zone) was carried over from the meeting of February 17. Such a district would provide for the development of five or more acres planned as a unit for such uses as neighborhood and community shopping centers, grouped professional and administrative office areas, senior citizens' centers, multiple housing developments, commercial service centers, industrial parks or any other use or combination of uses which can be made appropriately a part of a planned development. The plans and scheduling of development would be approved by the City and if the property owner fails to meet the schedule, the City may remove the P -D zoning. It was pointed out that the P -D zone would give the developer more flexibility in planning th at►is the case with other zones. Council- man Dow moved that the proposed amendment be set for public hearing at the meeting of Warch 17, 1965. His motion was seconded by Councilman Culbertson, who then stated that he was perturbed by Section 101 of the proposal which implies that no matter what height limits (for example) the City has, they would not apply in a P -D zone. Councilman Culbertson felt there should be a limit and that the.least restrictive regulations r.:. in other zones should apply to the -P -D zone. Council- man Kirsten shared the concern of Councilman Culbertson, but on the other hand felt that such restrictions could defeat the flexibility of the P -D zone. After further discussion, the motion carried by unanimous vote. ANNEXATION Councilman Culbertson, who is chairman of the San POLICY Joaquin County Local Agency Formation Commission, stated that at the last meeting of the Commission there was some controversy over the proposed annexation of the Kettelman Addition because other members of the Commission felt that the annexation should be approved only if the entire width of the street (Kettleman Lane) were included. He pointed out to the Commission that the City of Lodi's policy was to annex to the center of the street and the policy should not be changed without discussion. He would like the City Manager - 1 - 11 z Minutes of March 3, 1965, continued - 2 - to prepare information on the City's policy for presen- tation to the Commission. COMMUNICATIONS COUNTY R3 Two letters were received concerning the appeal of APPEAL Oil Vernon Delk on behalf of the Planning Commission from PETITE the action of the County Planning Commission in granting BdAUTY SHOP a use permit to the Petite Beauty Shop. One letter was from Richard Johnson, Deputy County Counsel, and the other from Frank L. Hoyt, Chairman of the Board of Supervisors, both informing the Council that the appeal should come from the City Council rather than the Planning Commission and stating that the Board of Supervisors had extended the appeal period in the event the Council wishes to appeal the use permit. Council- man Dow, Walton second, moved that Vernon Delk be authorized to file an appeal on behalf of the City Council from the decision of the County Planning Com- mission granting a use permit to the Petite Beauty Shop. The motion carried by the following vote: Ayes: Councilmen - CULBERTSONi DOW, KIRSTEN and WAL.TOI•i Hoes: Councilmen - BROW -LI D. BUHLER RE A letter was received from Donna Buhler, 530 S. Rose LIBRARY Street, commending the City for installing 12 -minute parking in front of the Public Library and suggesting that a bin be placed in front of the Library for deposit of books. Her letter was referred to the Library Board of Trustees on motion of Councilman Dow, Walton second. INTENT TO The City Clerk presented a petition signed on behalf R;di1Ex of all the owners of property between Cherokee Lane KETTURPU4 ADDH and the Freeway north of Kettleman Lane. The proposed annexation has been approved by tiie County Boundary RES. NO. 2798 Commission and the Local Agency Formation Commission. ADOPTED On motion of Councilman Galton, Dow second, the City Council adopted Resolution No. 2798 stating its intention to annex the property as the "Kettelman Addition" and setting public hearing thereon for Warch 17, 1965. SENIOR A letter was read from the Senior Citizens Club of Lodi CITIZENS asking if something could be done to prevent a proposed CLUB RE rest home from being called a Senior Citizens Center "CENTER" since the Club uses the name."Center" for its building at 113 North School Street and feels that using the name "Senior Citizens Center" for a rest home will lead to confusion. City Attorney Mullen pointed out that the City could not intervene in such a matter and that.the.Club should consult its attorney. Councilman Walton moved that a letter be written to the Club expressing the Council's concern and suggesting that the Club get=in touch with its attorney on this matter. The motion was seconded by Councilman Dow and carried. REPORTS OF THE CITY MANAGER CLAIMS Claims in the amount of $230,733.64 were approved on motion of Councilman Dow, Kirsten second. J. DUWCAN - Concerning the request of air. James Duncan, made at STREET LIGHT the meeting of February•17, 1965, .that the City move the street light which obstructs his driveway at 1146 Devine Drive, Mr. Glaves stated he had gathered the following facts: - 2 - Minutes of Idarch 3, 1965) continued Nov. 6, 1963 - City Council approved the final subdivision map. Dec. 10, 1963- Subdivision map was recorded. Feb. 31 1964 -Map showing location of street lights was completed. May 22, 1964 - Street light installation was com- pleted and accepted by the City. Dec. 15, 1964 --Joint Tenancy Grant Deed recorded by Ted Schneider granting property to fir. and Mrs. Duncan. Dec. 31, 1964- Building permit issued to R. L. . Cannon Construction Co., Stockton. Mr. Glaves also reported that about one week before issuance of the building permit, Mr. Duncan asked the Building Inspector how he could get the light moved. Mr. Duncan was referred to the Superintendent of Utilities who explained the City's policy requiring the property owner to pay. Also, when application for the building permit was made, the Building Inspector pointed out the location of the light to the contractor, indicating the location on the plot plan with a red pencil. The light is centered on the lot, being only 3/10 of an inch off center, and is 14 inches inside the driveway. It would cost approximately $300 to have it moved 4 feet. The house is built to one side, being 6 feet from one side and 19 feet from the other, according to the plot plan. Mr. James Duncan, 1655 Rutledge Way, Stockton, the above mentioned owner, requested -that the City move the light standard a safe distance since the present location deteriorates the value of his lot. He stated that he placed a deposit on the lot on April 22, 1964, that his home plans were completed and forwarded to FHA before acceptance of the subdivision, that when he went out to the subdivision and found the pole in the center of the lot, he thought it was an error by the City. In addition, he had made a deposit of $1500 which he did not want to forfeit and did not delay con- struction because of spiraling costs. If he had moved the house four feet to the north, the yard area would have been reduced and it would also have eliminated the possibility of expanding the house or installing a swimming pool. Mr, Duncan asked if a light pole was to be the dominating factor in the. development of a lot. He said, further, that his contractor had not talked to a male in the Building Department when getting the building permit, but that it had been a woman who had looked at the plot plan and circled the location of a pole at the rear of the lot only. According to Mr. Duncan, the City's policy is in error and from his knowledge of subdivisions in other areas, he had assumed the light standard would be on the lot line. At the time he looked at the property he could not tell that the pole was not on the lot line. Councilman Dow said that morally it was not right to have the light pole interfere with development of the lot. Mayor Brown stated that Mr. Duncan knew where the light was before he started to build, and therefore it was his responsibility. Councilman Culbertson said the City is not telling Mr. Duncan where he can put his driveway, but if he wants it in the middle of the lot, he can have the light standard moved, but should not expect the City to pay for it. Councilman Walton moved that Mr. Duncan's request be denied. His motion was seconded by Councilman Culbertson. Councilman Kirsten felt the City's street light policy was all right, but on the other hand he sympathized with Mr. Duncan as he - 3 - 1,73 174 Minutes of March 3, 1965, continued felt Rr. Duncan would suffer some economic loss. Councilman Dow made a substitute motion that the City pay for moving the light. His motion died for lack of a second. Councilman Kirsten then made a substitute motion that the City pay half of the cost of moving the light. His d*tion was seconded by Councilman Dow and failed to carry by the following vote: Eyes: Councilmen - DOVI and KIRSTEN - 4 - floes: Councilmen - CULBERTSON, WkLTON and BROW11 The original motion to deny the request then carried by the following vote: Ayes; Councilmen - CULBERTSOId, VZkLTOAI and ERCMI Floes: Councilmen - DOW and KIRSTr.N HERE LEkR A request was presented from i--ir. Herb Lehr that 12 feet DRIVEWAY of curb and gutter be removed from between two 201 REQUEST driveways in front of his property at the southeast corner of Lodi Avenue and Stockton Street (at the time Lodi &venue is widened). In exchange for the resulting 52 -foot driveway on Lodi Lvenue t1r. Lehr said he would dedicate 5 feet along Stockton Street to the City. There is also a 20 -foot driveway on the Stockton Street side of the property. Ur. Lehr stated that there were nine parking stalls in front of the building on this property and that by removing the curb and gutter between the two driveways, it would be easier to move cars in and out of the -parking area. He said he would also like to have the enlarged'driveway moved 4 feet to the west and a guy wire on a pole eliminated. Air. Glaves said the problem with such a large drive- way was the hazards to vehicular traffic and to pedestrians caused by cars backing into the street. Public Works Director Shelley Jones stated that Lodi Avenue was being widened because of the amount of traffic on this street and that such a wide driveway would obstruct -traffic. Therefore his department was suggesting several alternative patterns for the parking stalls on Mr. Lehr's property as being better solutions to his parking and access problems. Councilman Culbertson asked Idr. Lehr if he would consider the closing of the driveway on Stockton Street if the 52 -foot driveway were approved and Mr. Lehr said he would probably agree. After further consideration of the suggestions of the Public Ubrks Department and Mr. Lehr's problems, it was moved by Councilman Walton that the Council grant the request of Hir. Lehr to eliminate the curb between his two driveways on Lodi Avenue resulting in a 52 -foot driveway which would be moved 4 feet to the west providing that Mr. Lehr dedi- cates 5 feet along Stockton Street to the City and blocks his driveway on Stockton Street. The motion was seconded by Councilman Dow and carried by the 'following vote: F.yes: Councilmen - CULBERTSON, DOW, IVALTON and BRO'.I•I Noes; Councilmen - KIRSTE11 SPECS - On motion of Councilman Dow, Kirsten second, the City DU,IP TRUCK Council approved the specifications for one 2 -ton dump truck and authorized calling for bids thereon. - 4 - 175 Minutes of March 3, 1965, continued S. SANGUINETTI The resolution annexing the South Sanguinetti Addition ADD.WITHDRAV1f1 to the City of Lodi having been filed with the FROM FIRE DIST. Secretary of State, on motion of Councilman Culbertson, RES. NO. 2799 Kirsten second, the City Council adopted Resolution ADOPTED No. 2799 withdrawing the South Sanguinetti Addition from the Woodbridge Rural County Fire Protection District. TALLEY ADDN The resolution annexing the Talley Addition to the City WITHDRAWN of Lodi having been filed with the Secretary of State, FROW FIRE DIST. on motion of Councilman Dow, Culbertson second, the City Council adopted Resolution No. 2800 withdrawing RES. NO. 2600 the Talley Addition from the Woodbridge Rural County ADOPTED Fire Protection District. WIDENING Mr. Glaves presented sketches of the J. P. Liebig S. SACTO ST. property at the southeast corner of Sacramento and AT TOKAY ST. Tokay Streets showing the present curb line on Sacramento and the line proposed by Mr. Liebig which would widen Sacramento Street adjacent to his property by 8.5 feet. If the City will widen the street at this location by 8.5 feet, Mr. Liebig will remove the steps and close up the door of his building, and pay for installation of sidewalk. Mr. Glaves pointed out that the street will eventually have to be widened another five feet. Stating that this portion of Sacramento Street is a bottlenecks Councilman Culbertson moved that the curb be moved as requested by lir. Liebig on the condition that the property owner move the steps, close up the door of the building and provide sidewalk at his expense. The motion was seconded by Councilman Dow and carried. REVISION OF i4r. Glaves explained that present electric rate ELECTRIC.RATE schedules should be revised in order to eliminate SCHrDULES some confusion. .The City policy is to have the rates 10% lower than the rates,P.G...& E. would charge if it serviced the City. However, consolidation of a couple of classes of customers has resulted in about 20 customers being charged higher rates than would be the case if they were being serviced by P.G. & E. In order to remedy this situation, new schedules are being recommended. On the other hand, three customers will have their rates'increased.'under the new schedules. Councilman Culbertson moved that.the proposed schedules be set for public hearing at ,the meeting of March 17, 1965, and that letters be sent to the customers who would be adversely affected notifying them of the hearing. The motion was seconded by Councilman Kirsten and carried. . CHARGES FOR Mr. Glaves then ientioned'that'one or two of the City's ELECTRICITY electrical customers have been charging their tenants BY LAIMLORDS rates in excess of whax would be charged by the City. He felt that the City should have regulations to con- trol such rates. On motion of Councilman Walton, Dow second, the matter was set for public hearing and instructions given that the customer or customers involved be notified. DUSK TO DAWN The Superintendent of Utilities is recommending that LIGHTING the City provide "dusk to davm" lighting service for customers desiring such service. This would be ORD. NO. 781 primarily for commercial or industrial areas. The INTRCDUCED lights would be placed on City -owned poles which are used to carry.circuits for other City purposes. Council- man Dow moved the introduction of Ordinance No. 781 providing that dusk to dawn lighting be made available to the City's customers. His motion was seconded by Councilman Culbertson and carried unanimously. - 5 - i76 i4inutes of i, -arch 3, 1955, continued SPECS - Specifications for West Lane Utility Extension were WEST LAAE presented for Council consideration. On motion of UTILITY EXT, Councilman Culbertson, Walton second, the City Council PUBLIC adopted the plans and specifications for the blest SAFETY Lane Utility Extension project and authorized calling for bids thereon. CAPITAL I4r. Glaves reviewed the Capital Improvement Program II1,PROVEi1,c71dT for the water distribution system which had been dis- PROGReI,'•i cussed at the previous meeting. He said the cost of WATER SYST-&,i the program would be reduced -approximately $6290000 under the present policy of having the subdividers pay for 5" lines or reduced approximately $743,000 if the subdividers paid for 8" lines. He said the City might be able to do more on a "pay-as-you-go" basis than originally considered. Councilman Culbertson moved that the 5 -year Capital Improvement Program for the water distribution system be approved and that subdi- viders be required be bear the cost of lines up to and including 8 inches. His motion was seconded by Councilman Dow and carried. UAT.R LINES On motion of Councilman Culbertson, Dow second, the III SUED. City Council adopted Rasolution No. 2801 changing the policy of charges to subdividers for water distribution RIES. i•10. 2501 lines by providing that the subdivider pay for water PDOPTED lines up to and including 8" in size. Councilman Walton moved that the regulation adopted by Resolution No. 2301 not apply to tentative maps which have been approved. His motion was seconded by Councilman Kirsten and carried. CAPITkL Mr. Glaves explained the financia'_ aspects of the IXPROV2k 1 -?T Capital Improvement public safety program for the next PROGRAM five years, having tabulated a summary of the costs PUBLIC on the blackboard. He also stated that he had received SAFETY a phone call from Mr. Marion Varner, the architect for the Public Safety -Hall of Justice building, stating that the standards for civil defense quarters had been lowered and the City could now install a civil defense center in the basement of the Public Safety building and at the same time save between $70-$80,000in Federal participation. However, approval would have to be obtained from the Government before going ahead with the plans. Mr. Glaves added that application for an advance from the Federal Government for public works planning had been made, that he had phoned the agency handling the application and had been told it was in good shape and the City should be getting an answer within two or three weeks.' However, if the City wishes to incorporate a civil defense center in the plans, it would mean the City would have to make a new application. Mr. Varner is unable to proceed with plans until the application is approved. Councilman Culbertson said he was concerned with the time factor and that if the civil defense center means a delay,` he doubts it should be included. POPULF_TIOTI The City Wanager reported that a letter had been sent ESTI[fiF_TE to the State Department of Finance requesting an esti- mate of current population in Lodi as has been done the past few years. „ DO`eNTOWN Camphor trees are being planted by property owners TREES from the Mall north on School Street and around the corner on Pine Street up to the City's parking lot. BEAUTIFYING Mr. Glaves stated that he had approved plantiag of ' PARKING LOT the trees along the parking lot on Pine Street and around the corner on Church Street. Councilman Culbertson remarked that the people in town are doing - 6 - I -r7 Minutes of Match 3, 1965, continued a good job and he wondered what could be done with the small triang-lar areas in the parking lot. He then moved that the City Manager get in touch with landscape architect Paul Tritenbach for a recommen- dation as to what could be done to enhance these areas. The motion was seconded by Councilman Dow and carried. ORDINANCES R2ZONES NW ORDINANCE NO. 779, entitled 11A,21MING THH OFFICIAL COR. TOKAY DISTRICT MAP OF THE CITY OF LODI P11D THEREBY RZZOUING & STOCKTO14 CERTAIN PROPERTY ON THE NORThwEST CORNER OF TOKAY AND TO "M" STOCKTON STREETS TO BE IN THE IM* INDUSTRIAL DISTRICT,' having been introduced at the regular meeting of ORD. NO. 779 February 17, 1965, was brought up for passage on motion ADOPTED of Councilman Dow, Walton second. Second reading was omitted after reading by title, and the ordinance was passed, adopted and ordered -to print by the following vote. Ayes: Councilmen - CULBERTSON, DOW, KIRSTEN WALTON and BROT:SQ Noes: Councilmen - hone Absent; Councilmen - None REZONES WEST ORDINANCE 140. 780, entitled "Ak•ZNDING THE OFFICIAL SIDE STKTN ST. DISTRICT MAP OF THE CITY OF LODI PIVD THEREBY REZONING BTWN TOKAY & CERTAIN PROPERTY ON THE WEST SIDE OF STOCKTON STREET FLORA STREETS 3E1WrZN TOKAY AND FLORA STREETS TO BE IN THE 1M0 TO,"hi" INDUSTRIAL DISTRICT," having been introduced at the regular meeting of February 17, 1965, was brought up ORD. N0..780 for passage on motion of Councilman Culbertson, Kirsten ADOPTED_: second. Second reading was omitted after reading by title, and the ordinance was.passed, adopted and ordered,to print by the following vote: Ayes: Councilmen - CUL.BERTSOV, DOW, KIRST04 WAL.TON and BROWN Noes; Councilmen - Mone Absent: Councilmen - None SUBDIVISION Mayor Brown said that something should be done about UTILITIF-S houses being completed before the City is able to �.., furnish them with utilities and he suggested that per- haps when building permits were issued it could be „• stated on the ,permit _when util.i,ties .would be available. Director of Public Works Jones aid the City would s like to get out of the subdivision business and have the subdividers responsible for installation of utili- ties. He advocated final inspection of buildings after _ all utilities are in and also curb, gutter and street grading. He did not think holding up a building permit was the answer. BILL MUNSON Mayor Brown stated he would like .to declare March 5, DAY - 1965, "Bill Munson Day" in honor of,.,the former Lodi Flame star who is now with the Los Angeles Rams. Bill Munson is to participate in festivities to raise money for the Lodi Boys Club. On motion of Councilman Walton, Kirsten second, the City Council. requested the Mayor r to issue a proclamation declaring Friday, March 5, "Bill Munson Day." RDJOURNMEaNT There being no further business; the City Council adjourned at 11:15.p.m. on motion of Councilman Dow. • J Attest: Beatrice Garibaldi