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HomeMy WebLinkAboutMinutes - May 27, 196461 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS WAY 27,' 1964 An adjourned regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m. of Wednesday, Way 27, 1964, in the City Hall Council Chambers. ROLL CALL: Present: Councilmen - CULB RTSON, DOW, KXRSTEN and B&0WN (iiayor) • MINUTES ABSENT: Councilmen - WALTON Also present were City Manager Glaves, Administrative Assistant Peterson, Planning Director Rodgers and City Attorney Mullen Minutes of May 6, 1964 and May 20, 1964 were approved as written and mailed on motion of Councilman Culbertson, Dow second, after correcting the second paragraph on page 5 of the Minutes of May416, 1964, by changing the number "13" in the third sentence to "8" and adding to said sentence the following: "and 5 on - street stalls." PUBLIC HEARINGS HINSZ Notice thereof having been published in accordance with REZONING law, Mayor Brown opened the public hearing on the appeal APPEAL of Mr. Albert Hinsz from the decision of the Planning Commission in denying his request for rezoning of prop- erty at 1811 Mariposa Way from R -2 -to R-3. City Manager Claves read the appeal of Mr. Hinsz who desires the rezoning in order that he may build a multiple dwelling on the property. He then read the report from the Planning Commission which had denied the request because it would create a spot zone for this one lot in the midst of an area of R-2 zoning without a reason- able distinction between the properties and because the general area is already developed as a one -family neighborhood.. There were no other communications for or against the appeal. Mr. Hinsz, 1813 Robert Street, spoke on behalf of the rezoning, stating that the parcel in question was too large for a single family dwelling, but that it would be desirable for rental units. Mr. Douglas Kort, 201 North Loma Drive, said that the zoning should stay as is since the rest of the area has one -family dwellings. Mr. T. Sherman, 215 Lona, said that it was not the place for apartments; that there were many children living in this area and a multiple dwelling would increase traffic. Air. Jim Yarborough, 1813 West Locust Street, said that Hinsz knew what the zoning was when he bought this property and that it should not be changed. .There were no further comments from the audience. After discussion by the Council, it was moved by Councilman Culbertson, Kirsten second, that the appeal of Mr. Hinsz be denied and the decision of the Planning Commission upheld. The motion carried unanimously. -TIXPAYERS' Iir. Willard B. Stewart, Executive Director of the San ASSOCIATION Joaquin County Taxpayers' Association, read a letter to the Council stating the need for vigilance by public officials to control local governmental activities so that expenditures and taxes will be based on the greatest possible efficiency and economy. They asked that a sincere effort be made to curtail expenditures and to hold the tax rate to a bare minimum for 1964-65. - 1 - bZ Minutes of Way 27, 1964 continued ABANDON PORTION Notice thereof having been published and posted in OF EASEMENT IN accordance with law, Mayor Brown opened the hearing on LOT 42, BEWLEY the proposed abandonment of a portion of an easement in SUBURBAN ACRES Lot 42, Bewley Suburban Acres, in order to accommodate a service station which is to be erected on the property. The costs of abandonment and the relocation of lines are being paid by the property owner. A report was read from the Planning Commission recommending the pro- posed abandonment. There were no protests to the aban- donment, written or oral. On motion of Councilman Dow, Kirsten second, the City Council adopted an order. abandoning the easement in Lot 42, Bewley Suburban Acres, except for the north 60 feet thereof. PLANNING COMMISSION PROPOSES The Planning Commission recommended that the Zoning ZONING ORD. Ordinance be amended to require a public hearing and AkUMN FIAT RE the approval of a use permit for the establishment of JUNK YARDS any junk yard, auto wrecking yard or salvage operation. On motion of Councilman Dow, Kirsten second, the pro- posed amendment was set for public hearing on June 17, 1964. PROPOSES The Planning Commission recommended a change of zoning REZONING TO from the R-1 one-fazily.residential zone to the R-3 R-3 ON N SIDE limited multiple -family residential zone for property OF KETTLEi4AN along the north side of Kettleman Lane between Ham Lane RTW HAIA AND and Fairmont Avenue. The proposal was set for public FAIRWONT hearing on June 17, 1964, on motion of Councilman Dow, Culbertson second. PROPOSES The Planning Commission recommended the rezoning of REZONING property at 510 Viurray Street from the R-4 multiple - 510 i-MRAY family residential zone to the C-1 neighborhood - ST TO C-1 commercial zone. On motion of Councilman Culbertson, Dow.seeond, the matter was set for public hearing on June 17, 1964. CO QSIMICATIONS SHELL OIL CO. A letter was read from Shell Oil Company asking the SIGN Council to grant a variance for a permit to install a 73 -foot -high sign at Victor.Road and the Frontage Road, which is in an industrial zone-. Mr. Lindsay P. Narshall, 404 West Pine Street, representing Shell Oil Company, gave a review of past actions concerning the request: The Company had asked for a building permit on February 14 and had been told.to-apply to the Planning Commission for a vastance. The Planning Commission had considered the -request on February 23, continued it to March 9 at which -time it was tabled -and the Planning Commission moved to study the zoning ordinance with the idea c9 adopting definite height limits for signs. Meanwhile -City Attorney-14ullen had given his opinion that signs did not corse under thestructural limitations of the zoning ordinance. The requested variance was again considered by the Planning Commission on march 23, favorable action on the request failing by a vote of 4 - 4,.and on April 1 the Company appealed to the Council for approval of the sign. At that time the Council tabled the request and on April 15 adopted an emergency ordinance prohibiting installation of freestanding.signs in excess of 60 feet in height. .Mr. Marshall contended that application had been made by the Company on February 14 and under the laws of the City at that time the permit should have been granted; therefore, justice and fair play demanded that the request of February 14 1 2 - 43 Minutes. of, May 27, 1964 continued - 3 - be granted. kr. Glaves explained that the City had been operating on the assumption that a use permit was required for signs over 60 feet in height; otherwise this loophole in City regulations would have been recti- fied before this time. His understanding was that the Council hadadopted the emergency ordinance to prohibit the Shell sign or any other sign over 60 feet from being installed while the Planning Commission was making a study with the view of providing for regulation of signs. Councilman Dow.felt that since the application had been made before the emergency ordinance was adopted and since the sign would be in an industrial zone and would not be significantly out of line, in fairness to the applicant the permit should be granted. City Attorney Mullen stated that the Company was entitled to a permit _ for the sign on February 14, but that the State gives the City authority to adopt emergency ordinances when - confronted -with problems not anticipated. Councilman Culbertson said that as in the case with junk yards, even though the laws were not adequate, the City should follow the. regulations up to the point where the question is raised and the emergency ordinance adopted. Council- man Kirsten agreed that the situation was similar to the recent one on the junk yard. However, his feeling was that the City had not been aware that its regu- lations did not cover.these situations, and for the good of the City these requests should be held up until the Planning Commission has made its study and recom- mendation. Mayor Browns understanding was that the emergency ordinance on signs had been adopted to stop this or other signs.over 60 feet from being erected before the Planning Commission had made its study. Councilman Dow moved that the request of Shell Oil Company to erect a 73 -foot sign at victor Road and the Frontage Road be granted. The motion was seconded by Councilman Culbertson and failed by the following vote. AYES: Councilmen - DOW and CULBERTSON NOES: Councilmen - KIRSTEN and BROWN ABSENT: Councilmen - WALTON CIVIC AFFAIRS A letter was read from the Civic Affairs Committee, Lodi COh24ITTEE RE District Chamber of Commerce, recommending that the SIDEWALK ordinance prohibiting the display of merchandise, or MERCHANDISE other illegal use of city sidewalk and parkway areas, be inforced. The Committee also recommended that a reasonable time be given. -to violators for compliance. City Manager Glaves said that a survey is being made of present conditions and that a report thereon would be made at a later date. The letter.was ordered tabled. E. LODI AVE. As certified by the City Clerk, a petition was presented STRESS LIGHTS from owners.of 62% of,the front footage on both sides of East Lodi Avenue between Main Street and Cherokee RES. NO. 2728 Lane requesting -the formation of -,a Street Lighting AND District under the 1911 Improvement Act and waiving the RES. NO. 2731 investigation provided for by the '.'Special Assessment, ADOPTED Investigation, Limitation and Majority Protest Act of 1931.' On motion of Councilman Culbertson, Dow second, the City Council adopted Resolution No. 2728 adopting plans and specifications for the East Lodi Avenue Street Lighting District. The Council then adopted Res. No. 2731 declaring..the Council's intention to form the requested lighting district and setting public hearing _. thereon for July 1, 1964, on:motion of Councilman Culbertson, Dow second. REPORTS OF THE CITY MANAGER CLAIMS Claims in the amount of $176,878.55 were approved on motion of Councilman Dow, Culbertson second. - 3 - Hinutes of May 270 1964 continued AWARD - CURB, The only bids received for the construction of curb, GUTTER & SIDE- gutter and sidewalk in the 500 block of East Locust WALK and the 400 block of East Pine were from 3illiam Burkhardt, totalling as follows: RES. NO. 2729 ADOPTED 500 Blk East Locust Street $2760.50 400 Blk East Pine Street $3006.25 ADDED PROJECT The City Manager presented the fifth amended budget for GAS TAX FUNDS expenditure of gas tax funds during 1963-64. This amended budget adds the construction of Lodi Avenue ... RES. NO. 2730 between Cherokee Lane and the Freeway to the projects ADOPTED already budgeted. On motion of Councilman Culbertson, Dow second, the City Council adopted Resolution No..2730 adopting the fifth amended budget for the expenditure of State allocated funds during the 1963-64 fiscal.yeax. SPECS - Specifications for the development of Well #13 at the WELL #►13 northeast corner of Corbin Lane and Lower Sacramento Road were presented for Council consideration. Mr. Glaves explained that the specifications differed from that for other wells. The specifications have been improved and casing is to be placed the entire depth of the well. Councilman Culbertson asked if the speci- fications called for photographing the well and bir. Glaves said no. Stating that perhaps photographing the 4 - The City Manager said the bid was reasonable and recom- mended that award be made. On motion of Councilman Dow, Kirsten second, the City Council adopted Resolution No. 2729 awarding"the contract for curb, gutter and sidewalk construction on East Locust and East Pine Streets to"William Burkhardt. SPECS - On motion of Councilman Culbertson, Dow second, speci- PAINTING fications for painting various offices in City Hall were approved and call for bids authorized. EMPLOYEE Councilman Kirsten moved that the State Personnel CLASSIFICATION Board Cooperative Personnel Services be hired to conduct AND SALARY a classification and salary survey for the City. The SURVEY motion was seconded by Councilman Dow. City Manager Glaves said that if the State conducts a salary survey similar to the -survey his office makes, there would be no advantage in having the State do it; therefore, unless the State can get a better comparison of wages, the City can conduct its own salary survey. With the understanding that the salary suivey would be left to the discretion of the City Manager, the Council passed the motion by the following vote: AYES: Councilmen - DOW, KIRSTEN and BROWN NOBS: Councilmen - CULBERTSON ABSENT: Councilmen - WALTON PLANTER Mr. Glaves stated that the owners of the property at BOXES ON 205 and 207 South Sacramento Street wished to install S. SACRAMENTO 51 x 2331 planter boxes within the sidewalk in front of this property and he presented the plans for Council review. The boxes would be 21 back from the curb, 8' apart and 18" high. The Public Works department had approved the plans except for the height of the planters which they -felt was too low. .After discussion of the plans, it was moved by Councilman Culbertson that the plans be approved with the express stipulation that the planters be a minimum height of I8 inches and that the property owners be commended for their interest in making the street more attractive. The motion was seconded by Councilman Dow and carried. ADDED PROJECT The City Manager presented the fifth amended budget for GAS TAX FUNDS expenditure of gas tax funds during 1963-64. This amended budget adds the construction of Lodi Avenue ... RES. NO. 2730 between Cherokee Lane and the Freeway to the projects ADOPTED already budgeted. On motion of Councilman Culbertson, Dow second, the City Council adopted Resolution No..2730 adopting the fifth amended budget for the expenditure of State allocated funds during the 1963-64 fiscal.yeax. SPECS - Specifications for the development of Well #13 at the WELL #►13 northeast corner of Corbin Lane and Lower Sacramento Road were presented for Council consideration. Mr. Glaves explained that the specifications differed from that for other wells. The specifications have been improved and casing is to be placed the entire depth of the well. Councilman Culbertson asked if the speci- fications called for photographing the well and bir. Glaves said no. Stating that perhaps photographing the 4 - 65 Ninutes of. May 27,. 1964 continued 5 .. well should be considered as_a•policy, Councilman Culbertson moved that the specifications be approved and calling for bids authorized. The motion was seconded by Councilman Dow,and carried. HALL OF Councilman Culbertson stated that it was none too soon JUSTICE PLANS to get started on plans for the Hall of Justice and that he had_been V.eatly impressed in regard to the ability of MAM J. Varner, an architect from Pasadena, whose particular forte is the design of police and fire facilities. LIayor Brown, who, along with Councilman Culbertson and City Manager Glaves, has inspected facilities designed by Mfr. Varner, said he was confident that kr. Varner would do a good job and that it would be money well spent. Mr. Glaves said that initially $2,000 to $2,500 should be sufficient for pxeliminary plans. Councilman Dow moved that Air. Varner be employed as the architect on the Hall of Justice Building and that he proceed with the preliminary plans. The motion was seconded by Councilman Culbertson and carried. COhIIUNITY Mayor Brown announced that a Community Development DEVSLOP•rMNT Congress was being sponsored by the Fairfield -Suisun CONGRESS Chamber of Commerce on June 8. ;Members of the Council said they would notify him before that date if they were able to attend. There being no further business, the Council adjourned at 10:05 P.M. Attest; BBATRICE GARIBALDI City Clerk 5 ..