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HomeMy WebLinkAboutMinutes - October 20, 19652196 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL MAk3ZRS OCTOBER 20, 1965 This regular meeting of the City Council of the City of Lodi was held beginning at 8 p.m, of Wednesday, October 20, 1965, in the City Hall — Council Chambers. ROLL CALL Present. Councilmen - BROWN, CULBERTSON, DOW, WALTO.^I and KIRSTEN Absents Councilmen - .Clone Also present: City Manager Glaves, City Attorney Mullen, Administrative Assistant Petersen, and Planning Dizector Schroeder, MINUTES On motion of Councilman. Culbertson, Walton second, the minutes of October 6, 1965, were approved as written and mailed, TRAINING Certificates for having successfully completed a course CERTIFICATES of study in Supervisory Methods in Municipal AWARDED TO Administration sponsored by.the Institute fox Tzaining EMPLOYEES in Municipal Administration, International City Managers' Association, were presented by Mayor Kirsten to the following employeesi Ray C. Bender, James Brunson, Basil Doyle, Marilyn Field, Zmexy Holloway, Edwin Hunter, Dagmar Linton, Robert Linton, Bonnie R auser, Kay Tamura and Marc Yates. Mayor Kirsten complimented the employees on their achievement, PUBLIC HRARINGS ANNEX Notice thereof having been published in accordance with KLNDERT ADON. law, Mayor Kirsten called for hearing on the proposed annexation of the Kundert Addition, being a 9.3 -acre RES. NO. 2874 parcel at the northwest corner of Cherokee Lane and ADOPTED Almond Drive, There were no protests, written or oral* Councilman Brown moved the adoption of Resolution No. 2874 annexing the Kundert Addition to the City of Lodi. The motion was seconded by Councilman Dow and caxried by unanimous vote. ANNEX Notice thereof having been published in accordance with RUTLEDGE ADON, law, the Mayor called for hearing on the proposed annexation of the Rutledge Addition, being a 27.8 -acre RES. NO. 2875 parcel at the southeast corner of Turner Road and ADOPTED Sacramento Road. There were no protests, written or. oral, On motion of Councilman :Dalton, Brown second, the City Council adopted Resolution No. 2875 annexing the Rutledge Addition to the City of Lodi by unanimous vote, WEST LCDI AVS Notice thereof having been published in accordance•vlith ` law, and notices also having been sent to property owners in the area, Mayor Kirsten called for hearing on the proposed zoning changes in the area of West Lodi Avenue between Hutchins Street and Ham Lane. Mr. Jack Chappell, 231 South Avena Avenue, expressed himself as being in favor of the proposal to rezone the north side Of the street to C -P, stating he had given his reasons at the July 7 Council meeting. Ms. Richard Scott, 321 South Fairmont Avenue, representing United California Theatres, Inc., said the company was in favor of the rezoning with one exception, which was the proposal to rezone that part of their property south of West Lodi Avenue facing Orange Avenue to R.3 while leaving the portion facing Fairmont Avenue C-1. The company was I ZQ11 Minutes of Octobex 20, 1965, continued opposed to having the property split, one reason being it would prevent the land from being developed as one parcel. Dr. 14. G. Fessler, 32 North Sunset Avenue, approved changing the north side of Lodi Avenue to C -P, but felt the south side should remain as is. He also voiced opposition to splitting the zoning on the United California Theatres, Inc. property fronting on both South Fairmont Avenue and South Orange Avenue. Mrs. Marta Martz, 324 South Orange, has apartment rentals on the east side of Orange Avenue facing the United California Theatres property and was in favor of having R-3 zoning on the'west side of the street. Mr. Robert Rinn, 820 West Walnut Street, spoke of the many times the rezoning of (Jest Lodi Avenue had been before the Planning Commission and. City Council. He said that in 1954 a Master Plan had been adopted by the City which provided for plenty of commercial development on the south side of Lodi Avenue, but that the north side had been excluded. Since then, there had been at least seven Planning Commission decisions and seven City Council decisions, along with changes in personnel on both bodies, all denying requests for change to commer- cial zoning on the north side. In addition, there had been one Court decision upholding the Council and one referendum election rejecting commercial zoning at the northwest corner of Lodi Avenue and Ham Lane. In his opinion, there were three entities to be considered: 1) The persons seeking the change; 2) The people in the area who would be affected: and 3) The over-all benefits to the City. Mr. Rinn said the Council had to keep these in mind in reaching a decision. He then read from the Council Minutes of July 7, 1965, page 2, starting with the secend paragraph in which the Planning Director gave the Planning Commission's recommendations and the City Manager elaborated on the disadvantages of strip development. Mr. Rinn said that persistence should not be the foundation of planning. Because of the amount of traffic carried by Lodi Avenue, the street will probably be widened eventually and the Council should consider the expense of purchasing additional right of way, the cost of which would be affected by the zoning. He said he was trying not to be prejudiced, but he was of the opinion that rezoning the north side of Lodi Avenue to C -P would create additional problems and that funda- mentally planning must be based on what is required for the entire community. Mx. Robert Hertz, 404 West Pine Street, representing the Regal Drug Company which owns the Fairmont Pharmacy at 340 South Fairmont Avenue, protested rezoning that half of the Company's property which faces on Orange Avenue to R-3. He said the property is a unit, was developed as one entity, and the company has a vested property right„ He said there was no valid public need to rezone any of this property. Mr,. Gottlieb Bader, 306 South Sunset Avenue, said he was opposed to having one lot north of him rezoned to commercial(this-lot is immediately west of the Sunset Theater). He said the lot was too small to be used commercially and his lot should be rezoned commercial also. Mr. Richard Colvin, 225 South Crescent, said that rezoning the north side of Lodi Avenue to C -P would be strip zoning which he was against. 2 - -138 Ninutes of October 20, 1965, continued i r�dsay Marsha);, 70? :Jest Pine Street, representing several property owners o the south.side of Lodi Avenue east of Ham Lane, spoke in favor of the proposal to rezone certain parcels between the Sunset Theater and Ham Lane to C-1. He said this would give uniform zoning on the south side of Lodi Avenue from Hutchins Street to - Ham Lane and that uniform zoning on the north side was due also. .He said it would be beneficial to the entire area. Pair. William Rempfer, 115 South Fairmont Avenue, said Lodi Avenue could speak for itself and he hoped the council would adopt the rezoning proposed which would mace the zoning on each side uniform, Communications in regard to the proposed xezoning were read from the following: _ In favor of the proposed rezoning of the North side of Lodi -Avenue: hiss. W. H. Franklin, 405 S. Hutchins Street Mr. and Mrs. Spiro Stathatos, 417.'W. Pine Street Mrs. Wary Teierle, 1215 gest Lodi Avenue Against the rezoning of its property on the south side of Lodi Avenue: United California Theatres, Inc., 172 Golden Gate Avenue, San Francisco Lgai.nst rezoning the north side of Lodi Avenue; G. O. Beckman, 210 S. Orange Avenue Mrs.. Alice Dee, 211.5. Avena Avenue James W. Gibbons, 205 S. Orange Avenue Ethel V. Allen, 221 S. Orange Avenue Rosalie V. Woodhull, 212 S. Rvena Avenue Mr. and Mrs. -Milton Staton, 220 S. Avena Avenue Mrs. Ed Kurtz, 201 South Avena Avenue Ella Rott, 225 S. A -vena Avenue Margaret Watson, 219 South Avena Avenue Mrs, and Mrs, Hugh Jory, 210 South Avena Avenue Mr. and Mrs. Adelbert Gillespie, 224 S. Avena Avenue Mr. and yirs. Richard H. Colvin,.225 S. Crescent E-ve. Petition signed by 14 property owners in the 200 block of South Orange Avenue. Petition signed by 55 property owners in the South 200 block of Ham Lane, Sunset Drive, Fairmont Avenue, Crescent Avenue and Rose Street. There being no further expressions from the audience, the public portion of the hearing was closed. Mayor Kirsten asked the Council to consider the north side of Lodi Avenue first. He said that in July the Council, had felt they should have a traffic survey, which he felt was needed for the entire community, but since they did not have such infor- mation,,the Council would have to discuss the problem without adequate information and use its own judgment. Councilman Brown said there would be more traffic regardless of what the Council did. Mayor Kirsten replied that more commercial zoning would compound the traffic problem. City Manager Glaves said that as land develops to the west and with industry growing on the east aide, the traffic on Lodi t.venue will increase, and he is concerned as to how the - 3 - .E Minutes of October 20, 1965, continued traffic problem will be solved. His assumption was that any traffic engineer would require widening of the street, He added, further, that every driveway complicates the traffic situation; that every signal light impedes traffic flow; and that increased commercial usage means there will also be more pedestrians to add to the traffic congestion. The City Manager said that the City should try to alleviate the problem rather than increase it. Councilman Culbertson stated the present proposal is no different than those that have come before the Council for many, many years. He said there were four to six people concerned with having the north side rezoned as compared to around one hundred who were opposed. Mr. Rempfer had built his duplex by obtaining variances and was aware of the zoning when it was built. According to Councilman Culbertson, if the north side were rezoned to a depth of one lot and then the street had to be widened, there would not be much lot left. The zoning study pre- pared by the Planning Director which contains a proposal for cul-de-sacs has not been considered, but there may be a time when the City will have to look into such a solution. He said present information is inadequate and until the need for more C -P zoning develops, the zoning should stay as it is. Councilman Walton said he had given much time to the con- sideration of the Lodi Avenue problem. On the one hand there was the residential area to consider and on the other hand he questioned whether the rezoning of a com- paratively small number of lots would create much more traffic. Mr. Glaves said that traffic was not the only objection, that strip development was not considered sound by planners, Businesses such as service stations will do well on a strip, but not business, per se. Hot corners can survive, but businesses in between deteriorate. And once there is an investment in the property it becomes a hardship case which can result in breakdown of zoning. The lots being considered face side streets and if developed C -P can become a nuisance to the neighboring residential lots because of lights, trash, noise, etc. He said the problem of strip development was recognized when the Master Plan was developed and at that time the end of the commercial development on the south side was set at the theater. In response to a question by Councilman Walton, Mr. Glaves said that eventually Lodi Avenue will be widened and it will be the taxpayers who will have to pay; and the more business establishments, the higher the price. Councilman Dow said that Lodi Avenue has strip zoning in _ fact if not by ordinance, that the situation is there. He said the economic factors would be considered in establishing a business in the area and that blighted commercial areas were created before there were such requirements as parking, setbacks, etc. Mayor Kirsten was of the opinion that the Council should not be bound by past mistakes and that all indications were that rezoning the north side to C -P would be a mistake. At the request of Mr. Robert Rinn the public portion of the hearing was reopened. Mr. Rinn stated that the present swimming club now owned by Jack Chappell at the - 4 - 1.00 Minutes of October 20, 1965, continued northeast corner of Lodi and Orange Avenues had started out as a small club and not as at present. It had been there for a long time and had to be accepted as no one wanted to put Mr. Chappell out of business. He said that Nit. Statathos had bought his lot a long time ago, probably for speculation and perhaps Mr. Rempfer had purchased his also with that in mind. He said there were people with homes in the residential area for 20, 30 or 40 years who should be given some consideration. Mir. Rempfer agreed that the residential area should have some protection, but he felt that the C -P zone was created to be a buffet zone and that it would protect the adjacent residences. He felt the area should be rezoned to be fair to all concerned. The public portion of the.hearing was then closed for the second time. Mayor Kixsten-stated the Council represented all of the people, was duty bound to do what was best for the com- munity, and should consider all ramifications without favor or prejudice. Councilman Brown moved that the north side of Lodi Avenue from California Street to Ham Lane be rezoned to C -P for the depth of one lot. His motion was seconded by Councilman Dow. Under the question, Mayor Kirsten said he believed C -P zoning would be as detrimental as C-1. It would add vehicular traffic on Lodi Avenue as well as streets north and south thereof, would increase pedestrian traffic, and would lessen property values. He felt it would create a problem similar to that on Pacific Avenue in Stockton. Councilman Dow considered the Pacific Avenue problem had been allevi- ated by the development of Pershing and Alpine Streets, but Councilman Culbertson countered that traffic on Pacific was just as great as ten years ago even with the other streets. He said the Council had to consider the good of the whole community. Councilman Dow said he was considering the whole community and felt the C -P zoning was meant to take care of such problems as the one on Lodi Avenue. Mayor Kirsten made a substitute motion to have the north side of Lodi Avenue from California Street to Ham Lane rezoned to R-3 for the depth of one lot. His motion was seconded by Councilman Culbertson and failed by the following vote: Ayes; Councilmen - CUI-8-ZTSON, and KIR STEN hoes: Councilmen - BROIh1, DOW and WALTON City Manager Glaves asked Councilman Dow if he felt that contrary to the opinion of the staff, Lodi Avenue would not have to be widened. Councilman Dow replied that he took the opinions of all persons and made his own decision. City Manager Glaves said he would like to know if it were the City Council's intention to handle the traffic problem without widening Lodi Avenue. He said a traffic engineer was needed to study.the problem, but in lieu of a traffic engineer's recommendation, widening was probable. Councilman Culbertson reiterated that the zoning of Lodi Avenue has been before the Council many times and there had been no change in the reasons for not making a change. He felt the City needed a traffic study. Councilman Walton said in the past he had taken the position that the north side of Lodi Avenue should be rezoned to C -P, but that he did not have all the facts when he had campaigned, He had since given the matter careful study. The motion to rezone the north side of Lodi Avenue to C -P then failed by the following vote. Ayes: Councilmen - BROUN and DOW Noes: Councilmen - CULB RTSOid, WALTOI7 and KIRST2i - 5 - 301 i,Unutes of October 20, 1965, continued The Council then took under consideration the proposed rezoning of part of the south side of Lodi Avenue. The United California Theatre, Inc, has stated its opposition to any change of zone for its property between Orange Avenue and Fairmont Avenue. Councilman Dow felt any rezoning on the south Side of Lodi Avenue had a direct relation to the above action of the Council and that no rezoning should be further considered at this time. Rather, the City Manager should negotiate with a traffic engineer for a study of the traffic situation after which time rezoning could be called for. Councilman Walton felt the end of the commercial area at the Sunset Theater was artificial and should be continued as far as Ham Lane. Councilman Culbertson stated that if it were continued to Ham, property owners on the crest side of Ham Lane would be asking for the same zoning. The theater was a good barrier and he saw no reason to extend strip zoning. Councilman Dow said before any rezoning was done on Lodi Avenue the City should have a traffic survey and moved to table the discussion on zoning Lodi Avenue until the Council had a traffic study. His motion died for lack of a second. Councilman Dow said that in order to be con- sistent the Council should have a traffic study before doing any rezoning and he moved that all changes be denied. His motion was seconded by Mayor Kirsten. The motion carried by the following vote. Ayes; Councilmen - CULBERTSOII, DOW, WALTON and KIRSTEid Noes: Councilmen BR01V TRAFFIC Councilman Brown then moved that the City Manager be ENGINEER instructed to get a traffic surveyor to come before the Council to talk over a traffic.study. His motion was seconded by Councilman Culbertson and carried unanimously. Councilman Culbertson suggested a special meeting fox this purpose. PLANNING COMMISSION For the Council's information, the following actions of the Planning Commission at its meeting of October 18, 1965, were reported. 1. Denied the request of George Alexander to rezone from R-2 to R-4 six parcels at the northeast corner of Lockeford Street and Loma Drive, 2. Denied the request of Dr. George Williams to rezone from R-1 to R-3 a parcel at the northeast corner of Corinth Avenue and Lodi Avenue. 3. Instructed the Planning Director to meet with County and other city planning staff members to determine feasibility of working toward a county -wide, uniform zoning ordinance. 4. Denied the appeal of Ad Art and thereby upholding the decision of the Planning Director denying the installation of an additional sign for the Hayes Chiropractic Offices at 820 South Fairmont Avenue. S. Determined that a wine -tasting room was a permissible use within a C-1 district. 6. Denied the request of Richfield Oil Corporation for a variance in sign regulations.- - 6 - 3D2 I;inutes of October 20, 1965, continued 7. Adopted a resolution approving the new site of Vinewood School at the southwest coiner of West Tokay Street and the extension of Virginia Avenue. 8. On referral by the County Planning Commission, recom- mended the following action be taken on a request for variances by Mr. Jack Comer for property at the northwest corner of Lilac and Augusta Streets in the Town of Woodbridge: Ppproval to reduce the required front yard from 30 feet to 12 feet because of existing 12 -foot front yards and denial to reduce the 10 -foot side yard requirement to 5 feet. FINAL MAP The Sunset -South Subdivision was presented for Council SWSST-SOUTH consideration, all requirements of the subdivision ordi- SUBDIVISION nance having been complied with. On motion of Councilman Culbertson, Dow second, the City Council approved the final map of Sunset -South Subdivision by unanimous vote. UTILITIES Mr. John Capell expressed concern over the policy of the FOR SUED. Council in regard to maps accepted to date that the City would install the utilities for the subdivider whenever it could be worked in with the Cityts work schedule. City Manager Glaves said sometimes there were unforeseen delays in the City's schedules. However, after discussing the problems of the subdividers with the Public Works Director, he was of the opinion the work of the sub- dividers could be worked in, and there was no intent to delay, He said some City jobs might be able to be post- poned, but a definite date could not be given the subdi- vider as to when the utilities could be installed in his subdivision. Councilman Brown questioned the City's policy in regard to deposits on subdivisions, in view of the new policy whereby utilities in future subdivisions will be installed by private contractor. biz. Glaves did not anticipate any problems. TREES FROM W,ayor Kirsten said 50 trees had been given to the City KIWANIS CLUB by the Lodi Kiwanis Club and asked that a letter of thanks be sent to the Club expressing the appreciation of the City. LONG BEACH R. A letter was received from the City of Long Beach asking MOLOTOV COCKTAIL that the City of Lodi join with Long Beach in requesting that the State Lagislatuze consider making use of the 11I4olotovF Cocktail" a felony rather than a misdemeanor, its present classification. On motion of Councilman Culbertson, Dow second, the letter was referred to the Chief of Police for advice and recommendation. CENTRAL F.n invitation was read from the California Water VALLEY IZATcR Commission to attend a banquet on Friday, November S. at CELEBRATION Antioch to observe the 25th anniversary of the first water delivers from the Central Valley Project. REPORTS OF TIS CITY MANAGER CLAIMS Claims in the amount of $310,355.82 were approved on motion of Councilman Dow, Culbertson second. CROSS4JALX The Public Works Department has recommended the inst<^,1- ON EDGEW OD lation of a pedestrian crosswalk on the north side of AT TURNER RD Turner Road across Edgewood Drive. Such a walk would primarily benefit the children walking to and from RES. NO. 2876 Lakewood School. On motion of Councilman Dow, Walton ADOPTED second, the City Council adopted Resolution No. 2876 establishing the crosswalk as recommended. - 7 - 303 Minutes of October 20, 1965, continued FEES AT Mr. Glaves reported that he had recently served on a SANITARY County committee studying garbage disposal problems which LANDFILL are common throughout the County. The committee has cone RES 110. 2878 to the conclusion that the rates throughout the County ORD. NO. 802 should be uniform. He then read the schedule of rates INTRODUCED which has already been adopted by the Board of Supervisors CONTEST for the County dumps and recommended that the City adopt RESULTS an ordinance establishing the same charges. He also COUNCIL recommended that regulations on the use of the City's SALARIES disposal grounds, which had been rescinded when the City Code was adopted, be readopted along with the new rates. On motion of Councilman Dow, Walton second, the City ORDIWICcS Council introduced Ordinance Ido. -802 regulating the use ZONES of the sanitary landfill and establishing charges for KUNDERT ADDII hauling thereto. PURCHASE A new appraisal of the Armstrong property at 302 West 302 W. ELM Elm Street in the amount of $14,100 is acceptable to the ORD. 140. 799 owner and Mr. Glaves recommended that the property be ADOPTED purchased for this amount. On motion of Councilman Walton, Dow second, the City Council approved purchase of the property for $14,100 in accordance with the agreement submitted. EMPLOYEE The Council then discussed the employee salary survey, SALARIES copies of which had been sent to each councilman. Mr. Glaves explained the reasons why some classifications RES. NO. 2877 appeared to be eligible for a 575 increase, others a 21�5 ADOPTED increase and some no increase. Stating that he had not had time to study -the -report and was not ready to make a decision, Councilman Brown moved the adoption of Resolution No. 2877 declaring that any change in employee -wages which the Council might adopt during November would be effective as of October 1. His motion was seconded by Councilman Walton 'and carried. WESTWAREHOUSES Mr. Glaves said that Westwarehouses, Inc., owner of the OUTSIDE property south of Turner Road and east of the Southern UTILITY Pacific main line' tracks, had agreed to annexation of the SERVICE property to the City and had signed an agreement to that effect and therefore Mr. Glaves had given them authority to make taps on the City lines for water and sewer service. The Council gave its approval to this service to Westwarehouses as provided in their agreement to annex to the City. POLICY RE The City Manager presented a proposed resolution author - DRIVEWAY izing the Director of Public Works to issue permits for PERMITS driveways and on motion of Councilman Walton, Dow second, RES 110. 2878 the said resolution was adopted as Resolution No. 2878 by ADOPTED unanimous vote. SAFETY Mr. Glaves reported that the City of Lodi was in 15th CONTEST place out of 42 cities in the 1964-65 California Cities RESULTS Employee Safety Contest. COUNCIL On motion of Councilman Dow, Walton second, the Council SALARIES continued consi3eration of an ordinance to increase the salaries of members of the City Council to the meeting of November 3, 1965. ORDIWICcS ZONES ORDINANCE NO. 799, entitled "ZOVING PROPERTY AT THE NORTH_ KUNDERT ADDII L9EST CORNER OF ALMOI4D DRIVE APID CHEROKEE LANE KNOWN AS TO C-2 THE "KUgDERT ADDITION" TO BE II•I THE C-2 GENERAL CONAERCIAL ZONE," having been introduced at the regular meeting of ORD. 140. 799 October 6, 1965, was brought up for passage on motion of ADOPTED Councilman Brown, Walton second. Second reading was -a- 364 1,iinutes aE October 20, 1965, continued omitted after reading by title and the ordinance was then passed, adopted and ordered to print by the following vote: Ayes:- Councilmen - BROVa%I, CULBERTSON, DOW, :]ALTOit and KIRSTEiI Noes: - Councilmen - Hone There being no further business, the City Council adjourned at 11:35 p.m. on motion of Councilman Dow. Attest: BZtMICE GARIBALDI City Clerk - 9 - Absent: Councilmen -. None REZONES NW COR ORDINANCE NO. 800, entitled "11VJ^ci•IDING THE OFFICIAL LOCKEFORD & DISTRICT MAP OF THE CITY OF LODI AND THERZBY REZUNIPIG SCHOOL TO C-2 CERTAIN PROPERTY LOCATED AT THE NORTHWEST CORNER OF LOCKEFORD STREET Ai -D SCHOOL STREET TO BE IPI THE C-2 ORD. WO. BOO GviERAL COMMERCIAL DISTRICT," having been brought up ADOPTED for passage on motion of Councilman Walton, 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 kbsent: Councilmen - None DUSK TO DAWN ORDINANCE NO. 801, entitled "Aid ORDINANCE AWENDING LIGHTS ORDINANCE NO. 781 EiMTL. D IAAI ORDINANCE REPEALING ORDII3ANCE NO. 606 OF ITT CITY Or' LODI AND ENACTING A ORD. NO. 801 NEW ORDINANCE ESTABLISHING RF.TdS FOR THE SALE OF ELECTRIC INTRODUCED EPIiRGY BY THE CITY OF LODII S14D THEREBY PROVIDING FOR 400 -WATT OUTDOOR. DUSK -TO -.DAA al LIGHTING RATES," having been introduced at the regular meeting of October 63 1965, was brought up for passage on motion of Councilman Dow, Walton 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: Councilman - BRO79.1, CULBERTSOiV, DOW, WALTON and KIRSTEN Noes: Councilman - None f:bsent: Councilman - intone AJOURNMENT There being no further business, the City Council adjourned at 11:35 p.m. on motion of Councilman Dow. Attest: BZtMICE GARIBALDI City Clerk - 9 -