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HomeMy WebLinkAboutMinutes - April 21, 1965iyJ� jy r - CITY COUNCIL, CITY OF L.ODI CITY HALL COUNCIL CHAMBERS APRIL 21, 1965 This regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m. of Wednesday, April 212 1965, in the City Hall Council Chambers. ROLL CALL Present: Councilmen - BRO41, CULBSRTSON, DOW, WALTON and KIRS EN (Mayor) Absent: Councilmen - None - Also present: City Manager Glaves, City E.ttorney Mullen, Administrative Assistant Peterson and Planning Director Schroeder. MINUTES On motion of Councilman Brown, Walton second, the Minutes of April 7, 1965, were approved as written and mailed after deleting the word "sanitary" in the first sentence of the paragraph entitled "Sewer Rates Increased." PUBLIC HEARINGS REZONING Ilotice thereof having been published in accordance with ICTTELMAN ADDN law, Mayor Kirsten called for public hearing on the TO C-2 proposal recommended by the Planning Commission to rezone the Kettelman Addition from R-1 Ome Family ORD. NO. 788 Residence District to the C-2 General Commercial District. INTROOXED Mr. Robert H. Rinn, representing the property owners, spoke in behalf of the rezoning. Mr. Aaron Schmidt, 1130 Lloyd Street, also spoke in favor of the rezoning. Mrs. E. R. McKindley, 1124 Woodrow Street, spoke against the rezoning, stating that a buffer was needed between the proposed commercial area and the residential area and a wire fence would not be sufficient. birs. Roy Morgan, 1107 Woodrow Street, felt the C-2 zoning would depreciate the value of her property. Mr. E. R. McKindley, 1124 Woodrow Street, asked that the Planning Commission's screening requirements be clarified. Mr. Glaves stated that at their next meeting the Planning Commission would be discussing possible screen- ing requirements of commercial districts which are adjacent to residential areas, The public hearing -portion of the hearing was then closed. The Council expressed concern that the residential area be screened from commercial development, but felt that C-2 was the proper zoning for the Kettelman Addition. On motion of Councilman Dow, Walton second, the City Council intro- duced Ordinance No. 788 rezoning the Kettelman Addition to C-2 General Commercial District. The Council was in general agreement that as a temporary measure until screening requirements were adopted, building permits for C-2 zones abutting residential areas not be issued without approval of screening plans by the Council. Councilman Culbertson moved that the Public Works Department be instructed not to issue building permits in C-2 areas adjacent to residential zones. His motion was seconded by Councilman Brown and carried. FRONTAGE Notice thereof having been published in accordance with REOUIREFiENTS law, Mayor Kirsten opened the public hearing on the IN R-3 ZONE recommendation of the Planning Commission that the zoning ordinance (Chapter 27 of the City Code) be ORD. NO. 789 amended by eliminating the requirement that each four INTRODUCED apartment units in an R-3 Residential District, Limited Multiplex Family, have fifty feet of lot width and establishing density on a square footage basis only. - 1 - 201 i4inutes of April 218 1965, continued There were no protests, written or oral, and the public CAPITAL Upon reconvening the Council, Mayor Kirsten introduced IMPROVEMENT Mr. Mel Davison of Stone and Youngberg. Mr. Davison PROGRAM presented the written report on financing of the pro - FINANCIAL posed Capital Improvement Program. Wayor Kirsten REPORT thanked Mr. Davison for his work on the report and his explanations to the Council made on previous occasions. SIGN _ Discussion then continued on the Neighborhood Commercial ORDINANCE and Shopping Center Zone regulations of the Sign CONTINUED Ordinance. Councilman Walton moved that the following - 2 - hearing portion of the hearing was closed. On motion of Councilman Brown, Dow second, the City Council introduced Ordinance No. 789 amending Chapter 27 of the City Code and thereby establishing density require- ments on a square footage basis only for multiple units in the R-3 zone. .REGULATING REGULATING The public hearing on the proposed sign ordinance having been continued from the meeting of March 17, 1965, the Council considered the ordinance as prepared ORD. NO. 790 in accordance with suggestions made by the Council at .INTRODUCED the ►March 17 meeting. The ordinance was reviewed para- graph by paragraph. On motion of Councilman Culbertson, Dow second, under the section on General Provisions, the Council approved the following regulation: "Flashing, moving or animated signs shall be subject to the issuance of a use permit, and no such permit shall be issued if the sign will tend to cause a traffic hazard." It was generally agreed as follows on decoration signs: "Decoration signs for -holidays which are maintained for a period not exceeding one month are permitted and not subject, to height, area or lighting limitations. No building permit is required." On motion of Councilman ,dalton, Culbertson second, the Council agreed to the following: "All signs, excepting as provided in part (5) of this section (Outdoor Advertising Displays Adjacent to Freeways), in violation of the provisions of this ordinance shall be made to conform with said provisions or shall be removed within five years of the effective date of this ordinance or within five years of the annexation to the City of the property upon which the.sign is.located, whichever.is the later date. All flashing, moving and animated signs existing in the City on the -effective date of this ordinance shall require a use permit.or shall be removed within five years of the effective date of,this ordinance." On motion of Councilman Walton, Culbertson second, in _ reference to signs in Residential and Commercial - Professional Office zones, the first sentence was amended to read, "In R and C -P zones neon and similar types of direct -lighted signs are prohibited,° and subsection (e) was amended.to read, "One sign not exceeding one square foot of sign area for each five lineal feet of street frontage which identifies office uses in the com- mercial office zone, maximum size not to exceed twelve square feet." Under Neighborhood Commercial and Shopping Center Zones, Councilman Dow, Walton second, moved that the first sentence be amended to read as follows: "Signs are permitted in the C-1 and C -S zones, subject to the following conditions:" The motion carried by _ the following vote: --4 IXES, Councilmen - BROiAI,. DOW and WALTON 1102:3. Councilmen - CULBE;RTSON and KIRSTEN The Council then recessed for five minutes. CAPITAL Upon reconvening the Council, Mayor Kirsten introduced IMPROVEMENT Mr. Mel Davison of Stone and Youngberg. Mr. Davison PROGRAM presented the written report on financing of the pro - FINANCIAL posed Capital Improvement Program. Wayor Kirsten REPORT thanked Mr. Davison for his work on the report and his explanations to the Council made on previous occasions. SIGN _ Discussion then continued on the Neighborhood Commercial ORDINANCE and Shopping Center Zone regulations of the Sign CONTINUED Ordinance. Councilman Walton moved that the following - 2 - --_�()e? t•:inutes of E.pril 21, 1965, continued ORD. NO. 790 be deleted: "Free-standing signs which are supported INTRODUCED primarily by structures on the ground shall be subject to the issuance of a use permit." His motion was seconded by Councilman Dow and carried. Councilman Culbertson moved that the following change be made: "Signs may not project more than one foot over the public right of way, except that signs may be mounted on any marquee in the public right of way provided: "(i) Signs shall be placed flush and have a maxi- mum height of two feet when attached to the front of a marquee. ^(ii) Signs placed under a marquee shall not exceed five square feet. "(iii) Theater marquee signs, when an integral part of a marquee, may overhang the public right of way a distance of ten feet. "(iv) In no case shall such signs extend closer than two feet from the back of the curb." His motion was seconded by Councilman Dow and carried. There were no changes in the section on signs in General Commercial and Industrial Zones. In reference to Outdoor Advertising Displays P.djacent to Freeways, Councilman Waltonmovedthat the first paragraph be changed as follows:' Vo advertising displays shall be placed or maintained on property adjacent to a section of a freeway regardless of the zoning district in which it is located if the advertising display is designated to be viewed primarily by persons travelling on such freeway." Mr. Harvey Berglund of the Ryan Advertising Agency objected to the paragraph requiring that all signs in violation of the section on Outdoor Advertising Adjacent to Freeways be removed within two year limi- tations.- NX. Glaves said the City was following the State requirements in order to be eligible for freeway landscaping. Mr. Berglund was of the opinion that the State was not consistent in its requirements. Councilman Walton said that if the State said in writing that up to five years would be allowed for removal of signs in violation he would so move. On motion of Councilman Dow, Culbertson second, the City Council introduced Ordinance No. 790 regulating signs. PUMNING CC1&IISSION PC ACTIONS Mr. Glaves read the report of the Planning Commission which had taken the following actions: 1. Denied -the request of I•Ir. Hugh F.. Dow for C-1, Commercial zoning at the southwest corner of Worth Ham Lane and West Elm Street to establish a non- conforming retail nursery as a conforming use. 2. Denied the request of Mr. Ridgely L. Dove for a use permit to establish an auto body and fender shop at the northwest corner of South Cherokee Lane and West Walnut Street. 3. ipproved the request of `lir. Albert C. Cross for a variance on his property at 201 West Vine Street of ten feet in the zoning requirement. JtvOommended to the County Planning Commission I*enia1 it the request of 1dr. Ben Heiden for a use 'permit asUbUah an auto -repair garage on the 3 - 203 i-iinutes of April 21. 1965,continued west side of Willow Way, 105 feet north of Cochran Road and recommended that the County Planning Commission initiate action to precisely zone the area bounded by West Tokay Street on the north, the Woodbridge Irrigation District Canal on the west; Cochran Road on the south, and Lower Sacramento Road on the east for single-family residential purposes. 5. Recommended to the County Planning Commission approval of the request of Mrs. Mildred L. Wilson by Mr. James L. Gerard to expand the existing Lodi Memorial Cemetery on East Pine Street onto the twenty acres adjoining the present cemetery to the west. COLVANU VI CP.TI0145 II7TER STATE Letter from the State Division of Highways regarding a HIGHWAYS study for planning a continuing interstate highway pro- gram beyond 1972 and stating that a committee meeting thereon will be held on kiay 5, 1965 at which time problems of a general nature may be presented to the committee. CC Ra Letter from the Lodi District Chamber of Commerce request - TURNER ROAD ing the City to ask the State Division of Highways to OFF -RAMP make a study of the problems relating to the off -ramp from 99 Freeway north onto Turner Road -and Cherokee Lane. RES. NO. 2812 On motion of Councilman 'Walton, Dow second, the City ADOPTED Council adopted Resolution No. 2812 requesting the State to make such a study. LODI IRON F. letter from the Lodi Iron Works requests a variance WORKS from the building setback line on Sacramento Street in _ order to add an encroaching second floor to the Company's office building at 820.South-Sacramento Street since the present building encroaches two feet within the setback line. On motion of Councilman Dow, [dalton second, the request was referred.to.the City Manager for his recom- mendation and report at the meeting of May 5, 1965. APPEAL RE Copy of a resolution of the County Board of Supervisors PETITE BEAUTY denying the appeal of the City on the issuance of a use SHOP DUPIED permit by the County Planning Commission to the Petite Beauty Shop on West Lane. GAR 4:Ow im . Communication to the Mayor from Gar Wood Industries RE.DISP0._SAL CO. complimenting the City on having one of the most pro- gressive disposal companies in Northern California and stating the local company was used by Gar Wood in making _ sales in other areas and was a means of advertising the City of Lodi. LEGISLATION .. Letter from "Citizens for Decent Literature - Ventura AB 1313 County" requesting the=City Council to support AB 1313 regarding obscese.literatvre. Ordered filed. LEGISLATIOid Letter from the City of Santa Wonica requesting support AB 2050. of LB 2050 regarding freeways. Ordered filed. LEGISLATIOU Letter from the City of Redding requesting support of P.B 1218 AB 1218 pertaining to the purchase of revenue producing facilities by local agencies. Ordered filed. REPCRTS OF THE CITY MANAGER _CLAI%S Claims in the amount of $311,890.67 wre approved on motion of Councilman Dow, Walton second,, . 4 w 2o4 Minutes of April 21, 1955,continued COUNTY City Manager Glaves presented an agreement from the ELECTION County Registration -Election Department for its services SERVIC's in connection with the June 8 bond election. On motion RES. NO. 2813 of Councilman Dow, Walton second, the City Council PDOPTFD adopted Resolution No. 2813 approving the agreement and authorizing its execution by the (Mayor. PUBLIC II•tTER-. The following resolution was read in full and then passed - EST DE140RDS on motion of Councilman Dow, Walton second: CAPITAL IMPROVEIVENTS RESOLUTION NO. 2014 RES. IJO. 2814 REGOLUPION DETEZ"vaNING -ATU.T TH_ PUBLIC I14TERF-ST ADOPTED PJD TIECESSITY DEMAND THE P.CQUISITION, CONSTRUCTION AND COHiPLETION BY THS CITY OF LODI OF BACH OF THE FOLLOWING MUNICIPAL I14PROVEIIENTS, TO WIT: saeaER SYSTEM ImPROV..Msvm, PUBLIC SAFETY BUILDING, 1ikD STORIM DRAINAGE I14PROVEME-11TS; F.PID THAT THE COST OF SAID iMttJICIPAL IMPROVEMB1111TS, 11m EACH OF THEM, WILL REQUIRE AN M(PE-10ITURE GREETER THAN THE AMOUNT ALLCAUD TIOREFOR BY THc APINU.L TAX LEVY. BE IT RESOLVED by the City Council of the City of Lodi, as follows. Section 1. That the public interest and necessity demand the acquisition, construction and completion by said City of the followinS municipal improvements, and each of them, to wits (F) Sewer System Improvements: Sewer system improve- ments,.including acquisition of lend for treatment plant site, treatment plant facilities for sewage and industrial waste, outfall line, collection mains, pipes and connections; easements and rights of way; and other works, property or structures necessary or convenient for sewer system improvements for the City of Lodi. (B) Public Safety Buildings L new public safety - building, including facilities for central fire station, Justice Court, police headquarters and jail, and civil disaster emergency operation center, together with landscaping and other site -developments and off-street public parking facilities; lands, easements and rights of way; and other works, property or structures necessary or convenient for a new public safety build- ing for the City of Lodi. (C) Storm Drainage Improvements: Storm drainage improvements, including acquisition of lands for drainage basins, construction of drainage basins (which will be used incidentally for park and play- ground purposes), inflow and outflow structures, dry' wells, filter caps, piping and pumps, together with landscaping and fencing; easements and rights of way; and other works, property or structures necessary or convenient for storm drainage improvements for the City of Lodi. Section 2. That the acquisition, construction and completion of said municipal improvements, and each of them, are necessary and convenient to carry out the object4 purposes and powers of said City. -. 5 - ;105 Minutes of April 21, 1965,continued WITHDRAW~ On motion of Councilman Culbertson, Dow second, the KL-TMiAX N ADDN, City Council by unanimous vote adopted Resolution No. FROM FIRE DIST. 2815 withdrawing the Kettelman Addition from the RES ;'NO. 2815 Woodbridge Rural County Fixe Prosection District. ADOPTED ,SPECS --'The City Manager presented specifications for a prefab LAWRENCE PPIM metal restroom building for Lawrence Park. On motion RESTROOM of Councilman Dow, Culbertson second,'the City Council approved the specifications and authorized calling for bids thereon. ORDER The Director of Public Works has recommended abandonment VACATING of a portion of easement in Lots 3 and 4 of Hutchins Oak EASEWS-NT Street Addition Subdivision. There are no utilities in the azea to be abandoned and the City has no present or prospective future need for It. On motion of Councilman Dow, Brown second, the City Council adopted an Order vacating the portion of easement as recommended. EW -IM Section 3. That the cost of the acquisition, con- struction and completion of said municipal improvements, and each of them, is and will be too great to be paid out of the ordinary annual income and revenue of said City, and that each of said municipal improvements will require an expenditure greater than the amount allowed therefor by the annual tax levy and that said City should incur a bonded indebtedness therefor. PASSED AIM ADOPTED this 21st day of April, 1965, by the following vote: AYE. Councilmen - B=44, CULBERTSON, DOW, WALTON and KIRSTE11 NOBS: Councilmen - None ABSENT. Councilmen - None CALLING FOR After having been read in full, on motion of Councilman SPECIAL BOND Brown, Dow second, the Council introduced Ordinance ELECTION No. 791,11AN ORDINP14CE CALLING A SPZCIAL MUNICIPAL BOND ELECTION IN THE CITY OF LCDI FOR aB PURPOSE OF SUBMITTI1IG ORD: IJO. 791 TO THE ELECTORS OF SAID CITY TIS IIMtSURES OF INCURRING A INTRODUC.-D BONDED IiCEBTED143SS OF SAID CITY FOR THE ACQUISITION, COIJSTRUCTION AND COMPLETION OF THE FOLLOWING MUNICIPAL IN1PROV3aiENTS, AND EACH OF THEM, TO WIT: ScWER SYSTEM IMPROVEPUTTS, PUBLIC SAFETY BUILDING, PJID STORM DRAINAGE Ib1PROVE1,2NTS: -' Di3CLFRING THE ESTIW.TED COST OF SAID NUNICIPAL IMPROVE- `". _ MENTS, AIJD EACH OF THEM, THE AWOtNT OF THE PRI14CIPAL OF SAID_..IWDEBTEDNESS TO HE INCURR3D ZVER .FOR, AND THE NAXI- %I U[i RATE OF INTEREST TO BE PF.ID .TF)✓RZ-j0N; tiAKING PROVISION FOR THi LEVY. AND COLLECTIOU OF TAXE:i; AND FIXING THE DI.TE -OF SAID ELECTION, THE WRIER OF HOLDING THE SAME, ESTABLISHING ELECTION PRECIidCTS +AIiJ AMPOLLING PLACES FOR ' SAID ELECTION, AAPPOINTIIIG ELECTICH OFFICERS THEREFOR, PI -m PROVIDING FOR NOTICE THEREOF." The -motion passed by the following vote: ' AYES. Councilmen - BROWIT, CULBER ISM , DOW, WALTON and ICIRSTEN NOES: Councilmen - None ABSENTS Councilmen - None WITHDRAW~ On motion of Councilman Culbertson, Dow second, the KL-TMiAX N ADDN, City Council by unanimous vote adopted Resolution No. FROM FIRE DIST. 2815 withdrawing the Kettelman Addition from the RES ;'NO. 2815 Woodbridge Rural County Fixe Prosection District. ADOPTED ,SPECS --'The City Manager presented specifications for a prefab LAWRENCE PPIM metal restroom building for Lawrence Park. On motion RESTROOM of Councilman Dow, Culbertson second,'the City Council approved the specifications and authorized calling for bids thereon. ORDER The Director of Public Works has recommended abandonment VACATING of a portion of easement in Lots 3 and 4 of Hutchins Oak EASEWS-NT Street Addition Subdivision. There are no utilities in the azea to be abandoned and the City has no present or prospective future need for It. On motion of Councilman Dow, Brown second, the City Council adopted an Order vacating the portion of easement as recommended. EW -IM 2`16 i,iinutes of P.pril 21, 1965, continued SPECS - Nx. Glaves presented specifications for the recon - 3. LCDI LVE. struction of East Lodi Avenue and stated the cost of this project would exceed the original estimate so several other projects would be deferred. On motion of Councilman Dow, .Dalton secoad, the City Council - approved the specifications for the cast Lodi Avenue improvements and authorized calling for bids thereon. BASIN B-1 Mr. Glaves requested that the Council authorize the LANDSCAPE hiring of a landscape architect to design Basin B-1 ARCHITECT adjacent to Tokay Street south of Hutchins Sunset Park. The floods School District is proceeding with preliminary site planning for a school in this area and the Director of Public Works feels it would be advantageous to have the City and School District work together on the site planning. On motion of Councilman Walton, Dow second, the City Council authorized retaining a landscape architect for Basin B-1. TRACTIOO' CO. An agreement from Central California Traction Company AGREENMIT was presented for Council approval. It would permit the crossing of the City's power lines over the Company's RES. NO. 2816 property approximately 200 feet west of the freeway. ADOPTED On motion of Councilman Walton, Dow second, the City Council adopted Resolution 11o. 2816 authorizing the Mayor to execute the agreement on behalf of the City. ORDINANCES 1964 EDITIOI4 ORDLV14CE NO. 784, entitled "P.I4 ORDIIIANCE ADOPTING THE PLU14BING CODE ".TSTERN PLUMBING OFFICIP.LS UNIFORM PLUMBING CODE, 1964 EDITIOid,' PROVIDING PENALTIES FOP. THE VIOLATIOI4 THEREOF, ORD. NO. 784 P.!.D REPEALING SECTIONS 18.1 TO 13.4 INCLUSIVE OF THE CODE ADOPTED OF TIE CITY OF LODI AND ALL OTHER ORD11WICES AND PARTS OF ORDINANCES IID CONFLICT 7H-_-1TWITH," having been intro- duced at the regular meeting of r.pril 7, 1965, was -brought up for passage on motion of Councilman Culbertson, Brown second. Second reading was omitted after reading by title, and the ordinance was then passed, adopted and ordered to print by the following vote: EYZS: Councilmen - BROWN, CULBERTSOII, DOW, LIALTON and KIRSTS14 NOES: Councilmen - None ABSENT: Councilmen - None REZONE SW COR. ORDINISXF_ NO. 785, -entitled "AMM10ING THE OFFICIAL I:2IS DR. AhID DISTRICT NAP OF THE CITY OF LCDI ARID THEREBY REZONIOG HAbI LA IF—TO R-3 CERTP.II4 PROPERTY AT THB' SOUTHWEST CORNER OF IRIS DRIVE Am HAI,; LANE TO BE IN THE R-3 LI14IT=- MULTIPLE FAMILY ORD. -NO. 785 RESIDENTIAL DISTRICT," having been introduced of the ADOPTED regular meeting of April 7, 1965, was brought up for passage on motion of Councilman Brown, Culbertson secaud. Second reading was omitted after reading by title, and the ordinance was then passed, adopted and ordered to print by the following vote: kYRS: Councilmen - BR04fii, CULBERTSON, DOW, :&LTON and KIRSTEN IIOaS: Councilmen - None ABSENT: Councilmen - None IMAM 207 Winutes of April 21, 1965, continued I'al GRETSINGER Mr. i9illiam Gretsinger, 904 J. Turner Road, voiced his RE WATr;R AND objections to the increase in water and sewer rates. SEWER RATES As a landlord he felt he was being discriminated against. Hayor Kirsten explained to Mr. Gretsinger the reason for the rate increases and the need for the bond election and invited him to come to his office for further dis- cussion if he so desired. SEWER RATES ORDINANCE NO. 786, entitled "Aid ORDINANCE AMENDING INCREASED SECTIONS 20-2, 20-3 ADD 20-4 OF THE CODE OF THE CITY OF LODI APD THEREBY PROVIDING FOR AN INCREASE IN THE RATES ORD. NO. 766 TO BE CHARGED FOR SEWAGE, STORM WATER AND INDUSTRIAL ADOPTED WASTES REMOVAL," having been introduced at the regular meeting -of April 7, 1965, was brought up for passage on motion of Councilman Brown, Dow 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 - BROWN, CULBERTSON, DOW, WALTON and KIRSTEN NOES: Councilmen - None ABSENT:."Councilmen - None WATER RATES ORDINANCE NO. 787, entitled "AN ORDINANCE AMENDING INCREASED SECTION 26-1 OF THE CODE OF THd CITY OF LODI AND THEREBY PROVIDING FOR AN INCREASE IN WF:TER RATES," having been ORD. NO. 787 introduced at the regular meeting of April 7, 1965, was ADOPTED brought up fox passage on motion of Councilman Dow, Culbertson second. Second reading was omitted after reading by title, and the ordinance was then passed, adopted and ordered to print by the following vote. AYESs • Councilmen - BROWN, CLMSERTSON, DOW, 61ALTON and KIRSTEN I40ES: Councilmen - None A F:BSENT: Councilmen - None WIDENING Comellman Brown reported that Mr. J. P. Liebig had S. SACTO ST. withdrawn his offer made a year or so ago to pay fox the AT TOKAY ST. entire cost of installation of sidewalk on the Sacramento Street side of his property at the corner of Tokay if the City would widen'the street. However, lir. Liebig is willing to pay for one foot of sidewalk. At its meeting of March 3, 1965, the City Council had approved moving the curb along Sacramento Street back 8.5 feet abutting "the Liebig property in order to eliminate the - _ bottleneck at the Sacramento-Tokay Street intersection Providing Mr. Liebig would pay for the sidewalk. Since the widening of the street would be for the public benefit, Councilman Culbertson moved that the City proceed with the widening project and accept the proposal of Mr. Liebig that he pay for one foot of sidewalk. The motion was seconded by Councilman Brown and carried. ADJOURITI� ENT P_t 11:45 p.m. the Mayor adjourned the meeting to 5:30 p.m. of April 28, 1965. Attests Beatrice Garibaldi City Clerk - 8 -