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HomeMy WebLinkAboutMinutes - June 17, 1964CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS JUNE 17, 1964 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m. of Wednesday, June 17, 1964 in the City Hall Council Chambers. ROLL CALL PRESENT: Councilmen - DOW, CULBERTSON, WALTON and BROWN(Mayor) MINUTES PUE .IC ANNEX OiWENS ADDN. ASSENT: Councilmen - KIRSTEN Also present were City Manager Glaves, Administrative Assistant Peterson, City Attorney Mullen and Planning Director Rodgers (arrived at 8:15). Minutes of June 3, 1964,'were approved as written and mailed on motion of Councilman Dow, Walton second. H-ARINGS RES. NO. 2736 ADOPTED REZONE N/S OF KETTi.EMf+N BTW FAIRMONT & HAM TO R-3 ORD. NO. 763 INTRODUCD REZONE 510 HURRAY ST. TO C-1 ORD. NO. 764 INTRODUCED 69 Notice thereof having been published in accordance with law, Mayor Brown called for hearing on the pro- posal to annex the Omens -Addition. i"ir. Glaves read the recommendation of the Planning Commission favor- ing annexation of the property and stating that City utilities are available except for storm drainage which will be available upon completion of the drain- age'pond immediately south of Cardinal Street. Mr. Glaves said the City would be unable to guarantee drainage for the coming winter, but that the elementary school which is being built in the northeast corner of this addition will be able to provide for some drainage on its grounds. There were no protests, written or oral. The Council then adopted Resolution No. 2736 annexing the Owens Addition to the City of Lodi on motion of Councilman Culbertson, Dow second, by unanimous vote. Notice thereof having been published in accordance with law, Mayor Brown opened the hearing on the pro- posal to rezone the Keszler property on the north side of Kettleman Lane between Ham Lane and Fairmont Avenue from the R-1 one..family residential zone to the R-3 limited multiple -family residential zone. The Planning Commission recommended the rezoning for the following reasons: 1. The R-3 zoning will permit a reasonable use of this parcel for apartment or institutional development along this major street highway. 2. The rezoning will have nearby properties since it from existing and proposed no adverse effect on is somewhat removed one -family developments. There were no protests to the rezoning, written or oral. On motion of Councilman Walton, Dow second, the Council introduced Ordinance No. 763 rezoning the property on the north side of Kettleman Lane between Fairmont and Ham Lane to R-3 by unanimous vote. Notice thereof having been published in accordance with law, Mayor Brown opened the hearing on the pro- posal to rezone the Fowler property located at 510 Murray Street from the R-4 multiple -family residential zone to the C-1 neighborhood -commercial zone. Mr. Glaves read the report from the Planning Commission which recommended the rezoning as being a reasonable - 1 - 170 i4inutes of June 17, 1954, continued extension of the existing commercial zoning along Cherokee Lane to a depth previously established for commercial zoning on the other side of hurray Street. Although the property is adjacent'to a one -family development to the west, it was felt that the com- mercial development of the property for office or retail businesses would be more feasible than develop- ment'as an isolated apartment project. bir. Jack Brovrn, 438 ;hurray Street, said that he had not received a notice of the public hearing(before the Planning Commission) and he objected to the rezoning, stating _that the property should remain as a buffer zone between the residences on the west and the commercial area to the east. Planning Director Rodgers arrived and, on being questioned, explained that Mr. Brown did not receive.a notice of the public bearing because his property was not within the 300 feet surrounding the area requiring notice. There were no other protests, written os oral. Stating that the rezoning would complete the north -south line of the commercial area, Councilman Culbertson moved the introduction'of Ordinance No. 764 rezoning the prop erty.at 510 Murray Street to C-1. The motion was seconded by Councilman Walton and carried unanimously. JWK YARD Notice thereof having been published in accordance AtwiENMCWT TO with law, the ka{yor called for hearing on the proposal CITY CODE to amend the City Code` to require a public hearing and approval of a use permit for the establishment of any junk yard," auto wiecking yard or salvage oper- ation. ivir. Glaves read the memorandum_ from the Planning Commission which stated that the purpose of the use permit requirement would be to evaluate the proposed location of such uses with regard to nearby existing and anticipated development and to establish those conditions under which the use may be conducted in a specific location. These conditions could include the construction of a solid fence, wall or landscaping screen, prohibition of burning and other detrimental types of operations, and the provision of off-street parking areas.- There was no one in the audience for or against the proposal. The Council discussed the proposal at length.' Councilman Culbertson remarked these were other industries worse than existing junk yards and. he felt the Planning ,;; Commission should make a study of this situation. In Councilman Walton+s opinion the use permit requirement would outlaw junk yards; private property should only be restricted if there is a valid public reason for doing so; Councilman Dow considered that it was not best to utilize use permits to control junk yards, ,but rather a specific ordinance should be adopted spelling Out -regulations so' that a person would be given a better idea of what would be expected. He felt the Planning Commission and Council should not be in a position to_judge each time whether or not a .permit should be granted.Planning Director Rodgers said that.specific regulations could result in conflict 'with certain -uses in an industrial sone. He said many cities have worked for years developing ordinances on noise, dust, appearance, etc. Every town has to judge for itself. City Manager Glaves pointed out that use permits for some 30 occupations are required by the City Code. Councilman Culbertson said that the use - permit provision would not mean prohibiting junk yards, that the Council should have some faith in the integrity of the Planning Commission, and all use permits should - 2 - Klautes of June 17,. 1964, continued not be outlawed. .Councilman Culbertson then moved the introduction of Ordinance No. 765 amending the City Code by providing for the issuance of a use per- mit for all junk or salvage -yards. The motion was seconded by Mayor Brown and failed to pass by the following vote: AYES: Councilmen - CLLBERTSON and BROWN NOES: Councilmen - DOW and WALION ABSENT: Councilmen - KIRSTEN' WISNER Mr. James Taylor, Willow Road, which is south of the TRsZT UID Canal and outside the City limits, asked if con- sideration had been given to his request for sanitary sewer service. He and several other residents in the area have been having trouble with their septic tanks and would like to receive City service. Annexation of the -area had been _discussed by the. Council and the property owners at the time the Council had granted some of the owners temporary water service. These property owners had agreed not to oppose annexation, but there was -the problem.of bringing the area up to city standards, and the feasibility of forming an assessment district had been mentioned at that time. Glaves said that in order to give the property owners some idea of the cost of providing the improve- ments required by the City, the Public Works Department had prepared -an estimate of costs, as follows: Street improvements $26;750 Lights - 5,950 Storm drainage 7;070 Sanitary sewers 8,790 Slater 9 120 57,680 SHELL OIL CO. SIGN He said.the property was 9.3 acres in size and con- sisted of -23 parcels with a total frontage of 1902.5 feet. Mr. Taylor said there were six families who were only interested in getting sanitary sewer service at -this time. He felt the balance of the improvements could be taken care of later; Mr. Glaves reviewed past consideration given to.the area when the Council had.granted a number of owners water service on a temporary basis on the condition that they would not oppose annexation and were willing to bring their property up to City. standards. Councilman Culbertson said the sewer problem ivas not as serious as the water problem and the City should not start the prac- tice of serving properties outside the City which, among other things, would be unfair to City taxpayers. Mr. Ed Wisner, Route 3, Box 58-C, felt they were not imposing.on,the City as they would pay for what they got and were willing to annex to the City. City Attorney Mullen suggested that a representative of a bonding firm meet with the property owners to explain the formation of an assessment district with bond financing. He said the City would be willing to help by arranging for such a meeting, but the initiative should come from the people. Mr. Wisner indicated he was interested in meeting with bonding company representatives. Kr, Lindsay P. Marshall, attorney representing the Shell Oil Company, asked that reconsideration be given to the Company's request for a permit to erect a . 3 . li- 4 i•Iinutes of June 17, 1.64, continued 73 -foot sign at Victor Road and the Frontage Road. the request had been rejected by the Council by a tie vote at the meeting of kay 27. In his letter asking for reconsideration, Wk. Idarshall had requested a hearing before the full Council, but was willing to _. have the matter reconsidered at this time since Council- man Walton, who had been absent on Ajay 27, was present. On motion of Councilman Dow, dalton second, the Council - agreed to reconsider the request. bir. Marshall repeated his appeal that the permit be granted since application had been made before the Council had adopted its emergency ordinance on signs. City Manager Glaves responded that heretofore the City had been going under the assumption that sign heights were controllled by the zoning ordinance. When he found out this was not the case, he had issued the order to hold up the permit pending a study by the Planning Commission. At the time it was brought to the attention of the Council, the Council did not revoke his order, but on the contrary*at a subsequent meeting had adopted the emergency ordinance which he understood was to be a stop gap to prevent any signs above 60 feet until the Planning Commission had made its study and recommendation. kir. Glaves was of the opinion that if the Council wished to permit the sign, the ordinance should be repealed. Councilman Dow said the Shell application had brought to light the lack of regulation regarding height limitations, but at the time of application there were no such prohibitions. He did not consider the sign undesirable and said the permit should have been issued. lair. Glaves remarked that the emergency ordinance was to prevent the erection of this sign since there were no other applications. Councilman Culbertson. stated that if the Building Department had followed through on existing laws at the time application was made, the permit would have been issued. He said the Council could not pass an ordinance on one sign and the 60 -foot limitation was an arbitrary height. Councilman Culbertson then moved that the permit be considered as applied for in February, at which time there were no regulations on sign heights, and.that the Building Department be in- structed to issue a permit for said sign. The motion was seconded by Councilman Dow, and carried by the following vote. AYES: Councilmen CLLBERTSOTI, DOW and WALTMI NOr-S: Councilmen.,.-. BR04JN 1,3SMIT: Councilmen - KIRSTEN PLANNING CON•iISSI0111 W. LOCKEFORD The Planning Commission recommended the rezoning of R:MJING property along the south side of Lockeford Street TO C-1 between Pleasant Avenue and Hutchins Street from the R-4 multiple -family residential zone to the C-1 neigh- borhood commercial zone.' The proposal was set for public hearing on July 1, 1964, on motion of Councilman Culbertson, Dow second. RECREATION Councilman .Dalton suggested that the zoning ordinance ZONING might be amended in relation to recreation areas. He was thinking_ primarily of areas along the river. He recommended tiia,t the Planning Commission find out what other cities are doing in this regard and that it make a study of possible recreation zoning with a view - 4 - 7%' I4inutes.of June 17, 1964, continued toward preserving both public and private areas for recreation. Councilman'Dow moved that the Planning Commission be -directed to make a study of recreation zoning. The motion was seconded by Councilman Walton and carried unanimously. COU,iUNICATIONS RAW MILK A letter was read from the San Joaquin County Medical Society favoring the prohibition of the sale of raw milk in San Joaquin County. On motion of Councilman Culbertson, Walton second, the letter was ordered tabled. RaPORTS OF TH3 CITY MANAGER CLAIWS Claims in the amount of $75,683.40 were approved on motion of Councilman Dow, Culbertson second. AWARD - Only one bid was received for the painting of various PAINTING offices in City Hall, being from J. L. Winchester in the amount of $390.00 which is within the estimate for RES. NO. 2737 the work. On motion of Councilman now, Walton second, ADOP=0 the City Council adopted Resolution No. 2737 awarding the contract for painting in City Hall to J. L. Winchester. AWARD - The following bids were received for the development WELL NO. 13 of Well #13: RES. NO. 2738 Western Well Drilling Co. $8,863.00 ADOPTED Wayne Well Drilling Co. -8,232.00 Ace Pump Works 8,203.00 Valley`Watei Well Drilling 7,759.78 Otto Gross 6,985.98 Mr. Glaves read a letter from Valley Water Well Drilling & Pump Company asking the Council to consider their bid -because the specifications called for 10 - gauge casing, but' they were informed they could bid 8 -gauge casing which they did; their organization drills wells throughout Central California; the City would be named an additional insured under their insurance policy; and they have the staff.to keep complete and accurate records._ Mr. G_aves said that Mr. Gross' bid met the specifications and he recommended that award be made to the low bidder. Councilman Culbertson moved the adoption of Resolution No. 2738 awarding the con- tract for Well #13 to Otto Gross for a total of $6,985.98. The motion was"seconded by Councilman Walton and carried. -" STADIIRI In regard to 15-fo6t candle as compared to 20 -foot LIGHTS'. candle seal beam lights for the stadium, Kr. Glaves explained that a letter from C1eco Commercial Lighting Equipment stated that by reducing the lights to 15 -foot candle insufficient lighting would result since to cover the field requires a certain number of individual units to guard against light intensity variations. This.is because the beam width of each unit must be quite narrow in order to keep most of the light on the field. biz. Glaves recommended that the seal beam system be used instead of the conventional incandescent system the City has at present, since the seal beam uses less power, the bulbs have a much longer life so there would be less replacement necessary, the drop off in efficiency is much less, - 5 - -14r Winutes of June 17, 1964, continued NOES: Councilmen - WALTON ABSENT: Councilmen - KIRSTEN SJ COUNTY Mr. Loren Powell, 203 West Monterey, Stockton, intro - SAFETY duced the new secretary -manager of the San Joaquin COUNCIL County Safety Council, Fir. Kenneth Hultgren. Mr. Powell said the Safety Council was again requesting $1,000 from the City of Lodi. In view of the fact - 6 - and the reflector is built into the bulb which means there is not the deterioration in reflectors as is the case with the present system. On motion of Councilman Culbertson, Dow second, the Council approved 20 -Foot candle seal beam lights for the Stadium. POPULATION fir. Glaves reported that a notice had been received ESTIMATE from the State Department of Finance that their esti- mate of Lodi's population as of April 11 1964 was 26,800. SPECS - On motion of Councilman Culbertson, Dow second, the REGULATOR City Council approved specifications for a regulator and authorized calling for bids thereon. STATE HIGiidfi.Y On motion of Councilman Walton, Dow second, the City MAINT^a4,PiNCE Council adopted Resolution No. 2739 approving the RES. NO. 2739 revised agreement for maintenance of State highways ADOPTED within the City. MALL POWER City Wanager Glaves stated that the estimate for pro - SERVICE viding underground electric service for the Mall was $27,864.00. He said the property owners had agreed to provide a 250 -square -foot in the basement of -vault the Hotel Lodi for the transformers in exchange for a complete hookup. Mr. Glaves recommended that to main- tain City policy, the City should pay for the vault easement and the property owners should pay for the hookup of service. With the understanding that the service extension cost would be the same as the cost of obtaining the easement for the vault, it was -moved by Councilman ,Dow that the underground conduit for the mall be authorized from the Utility Outlay Reserve Fund, with the"stipulation that the City purchase the easement for the vault and the property owners pay for their service hookup. The motion was seconded by Councilman Walton and carried; with Councilman Culbertson abstaining because of his work for the owners on the Niall 1964-65 BUDGET CHAMBER OF The Council then proceeded with study of the 1964-65 COw—SRC3 budget, commencing with the special payments in the Clerk -Council budget. Mr. Jack Hoggatt spoke in behalf of the Chamber of Commerce request for $7,000 which was"the same amount as the previous year. He said a detailed account of how the 63-64 money had been spent would be submitted to the Council at the end of the fiscal year. Councilman Walton said approval of the request should be held up until it was known how the money was spent. He felt it should not be used for. everyday activities. Councilman Culbertson moved that $7,000 be approved in the 1964-65 budget for the Chamber of Commerce. The motion was seconded by Councilman Dow and carried by the following vote: AYES: Councilmen - CULBERTSON, DOW, and BROS119 NOES: Councilmen - WALTON ABSENT: Councilmen - KIRSTEN SJ COUNTY Mr. Loren Powell, 203 West Monterey, Stockton, intro - SAFETY duced the new secretary -manager of the San Joaquin COUNCIL County Safety Council, Fir. Kenneth Hultgren. Mr. Powell said the Safety Council was again requesting $1,000 from the City of Lodi. In view of the fact - 6 - r Minutes of June 17, 1964, continued the $1,000 was used for administration and material for the safety program and that.a great deal was done by volunteer work, Councilman Culbertson moved that $1,000 be appropriated for the San Joaquin County Safety Council. The motion was seconded by Councilman Walton and carried. LIBRARY Mr. Robert Bainbridge, President of the Library Board Of Trustees, spoke to the Council concerning the Library Budget which the Board is requesting be increased by $10,820. Of this amount $3,345 is for salary increases, $2,850 for books, $3,000 for replacing the floor covering, and $600 for a card catalog cabinet. He said the Library would have a present year-end balance of $4,400, but with the present tax rate, by the end of 1964-65 there would be only a balance of $595 and that would be providing there were no salary increases. After expressing some concern as to whether the'present tax rate would be sufficient, Councilman Culbertson moved that the budget proposed by the Library Board be accepted. The motion was seconded by Councilman Dow and carried. It being 11 p.m. the Council adjourned to June 24, 19644 Attest: BeatricVaribaldi City Clerk - 7 -