HomeMy WebLinkAboutMinutes - November 2, 196061
CITY COUNCIL, CITY OF LODI
CITY HALL COUNCIL CHAMBERS
NOVEMBER 2, 1960
This regular meeting of the City Council of the City of
Lodi held beginning at 8:00 p.m. of Wednesday, November 2, 1960,
Councilmen Brown, Katzakian, Mitchell, Ullmann and Culbertson
(Mayor) present; none absent.
Also Present: City Manager Glaves, Administrative Assistant
Carlton, City Attorney Mullen and Planning
Director Rodgers
PUBLIC HEARINGS
COSTA FENCE Notice thereof having been published in accord -
APPEAL ance with law, Mayor Culbertson called for
DENIED public hearing on the appeal of Mr. Howard C.
Costa from the decision of the Planning Com-
mission which denied his request for a variance
to permit the erection of a six-foot fence in
the street side yard along the south property
line of his property at 301 North Crescent
Avenue. City Manager Glaves read the report
from the Planning Commission which denied the
request by a vote of 4 - 3 for the following
reasonss The zoning principle prohibiting the
replacement of one non -conforming use by
another such use, the adequate yard which would
still be usable with a fence in the proper
location, the lack of unusual conditions which
distinguish this lot from other corner lots
similarly located, and the adequacy of other
solutions to the privacy and appearance prob-
lems. Mr. Costa then spoke in behalf of his
request, stating that his lot was'not a normal
lot since he did not have any neighbors who
would be affected by the fence and that the
fence would not be a traffic hazard. He also
felt that since the fence was replacing a non-
conforming hedge it would be permitted. He
stated that moving the fence back to conform
to the ordinance would be a hardship because
of numerous plantings, and lowering the fence
would also be a hardship because of the trash
problem from the school children and also the
lack of privacy. He showed the City Council
several snapshots of non -conforming fences in
Lodi. There were no protests to the fence,
written or oral. Planning Director Rodgers
pointed out that prior existence of a hedge in
this location; while it might have been con-
tinued as a non -conforming use, did not
establish a basis for replacing it with a
fence that was non -conforming. Councilman
Katzakian felt that denial of the request
would not be a hardship for Mr. Costa and
that if the appeal were granted it would open
the door to other similar requests. Council-
man Brown said the Council should abide by
the zoning ordinance. Mayor Culbertson stated
it was the duty of the Council to uphold the
ordinance and that'a variance could not be
granted unless hardship was shown. Council-
man Katzakian moved that decision of the
Planning Commission be upheld because of lack
of hardship to the property owner. The motion
was seconded by Councilman Brown and carried
by unanimous vote.
62
Minutes of November 2, 1960 continued
CITY PLANNING COMMISSION
REZONE 301 The Planning Commission recommended that the
N. PLEASANT property at 301 North Pleasant Avenue be re-
zoned from the R-4 Multiple Family Residential
Zone to the C -P Commercial -Professional Office
Zone as requested by Mr. Stanley Kirst. On
motion of Councilman Brown, Mitchell second,
the matter was set for public hearing on
November 16, 1960.
REZONE NW COR. The Planning Commission also recommended the
ELM & CHURCH rezoning of the property at the northwest
corner of Elm Street and Church Street from
the C_1 Neighborhood Commercial Zone to the
C-2 General Commercial Zone as requested by
Mr. Irving E. Baker. On motion of Councilman
Katzakian, Mitchell second, the matter was
set for public hearing on November 16, 1960.
COMMUNICATIONS
LOVE'S VILLAGE Petition for street lights from owners of more
STREET LIGHTS than 60% of the property along Sacramento and
School Streets in Lowe's Village as certified
RES. NO. 2371 by the City Clerk. The Council adopted Reso-
AND lution No. 2371, adopting Plans and Specifica-
RES. 110. 2372 tions for the Lowe's Village Street Lighting
ADOPTED District, on motion of Councilman Mitchell,
Katzakian second. On motion of Councilman
Brown, Katzakian second, the Council then
adopted Resolution No. 2372, resolution of
intention for construction of street light
standards and necessary wires and conduits
in the Lowe's Village Street Lighting District
and'setting public hearing thereon for Decem-
ber 7, 1960..
PROP. NO. 15 Resolution from the Board of Supervisors of
OPPOSITION
the County of Sonoma reaffirming its opposition
to the proposed reapportionment of the State
Senate as set forth in Proposition No. 15.
REPORTS
OF THE CITY MANAGER
CLAIMS
Claims in the amount of $175,901.90 were
approved on motion of Councilman Brown,
Ullmann second.
AWARD
Mr. Claves presented the following tabulation
COPPER WIRE
of bids received on 15 KP copper cable:
RES. NO. 2373
Regular Alternate
ADOPTED
Valley Electric.Co. $16,098.42 $14,329.33
Westinghouse Electric 15,462.85
'.Iaydxell & Hartzell 16,263.80 15,888.08
Phillipa & Edwards Else. .16,211.60
Mr. Glaves explained that the wire on the
alternate bid was as good as that on the regu-
lar bid, but was a different type of insulation.
He recommended that award be made to Valley
Electric Company on their alternate bid as
the lowest and best bid. The Council adopted
Resolution No. 2373.awarding the contract for
the copper cable to Valley Electric Company
for $14,329.33 on motion of Councilman Katzakian,
3rown Second.
63
Minutes of November 2, 1960 continued
R�@1 FOR In connection with obtaining rights of way ,for
DRAINAGE DITCH the Cherokee Lane storm drainage ditch, the
AND HALE ROAD City Manager read a letter from J.R. and
Amelie Hale offering a deed for the ditch
right of way and also a deed to a 30 -foot
strip of land for the purpose of improving
their portion of Hale Road west of the pro-
posed freeway. The deeds are offered with the
understanding that the City will pay the full
cost of installing and improving the street,
curb and gutter on the portion of Hale Road
described in the deed and that if the cost
of the improvements is less than $3,600, the
difference between the actual cost and $3,600
will be paid to the Hale's by the City. The
City Manager also presented deeds to a 30 -
foot strip for Hale Road from Robert and Helen
Billigmeier and also from Ben L. Horton. Both
deeds were presented with the understanding
that the City will pay the cost of street
improvement, curb and gutter. Councilman
Katzakian moved that the terms of the letter
from Mr. and Mrs. Hale be accepted, that the
deed for the drainage right of way be forwarded
to the State for acceptance, that the right
of way contract pertaining thereto be executed
on behalf of the City, and that the deeds
to portions of Hale Road from Mr. and Mrs.
Hale, Mr. and Mrs. Billigmeier, and Ben L.
Horton be accepted in accordance with the con-
ditions above mentioned. The motion was
seconded by Councilman Mitchell and carried
by unanimous vote.
1959-60
The Council members had no questions concern -
AUDIT
ing the 1959-60 Audit, copies of which they
had previously received, stating it was satis-
factory.
POLICE
The City Manager submitted a proposed ordinance
STANDARDS
accepting standards for recruitment and train-
ing of law enforcement officers established
ORD. N0. 685
by the California Commission on Police Officer
INTRODUCED
standards and training. He stated that the
State has enacted legislation setting aside
funds for reimbursing local jurisdictions for
expenses in connection with training of police
officers providing that the City agrees to
follow the standards established by the Com-
mission. He stated that this would be no
problem for the City since the City's standards
for recruiting and training exceed the mini-
mums established by the Commission. The amount
to be received from the State would be approxi-
mately 50% of the total cost. On motion of
Councilman Katzakian, Brown second, the City
Council introduced Ordinance No. 665 accept-
ing the State's standards for recruitment and
training of law enforcement officers.
ORDINANCES
HARRISON
ORDINANCE NO. 683, entitled "AMENDING THE
Ri'ZONING TO
OFFICIAL DISTRICT MAP OF THE CITY OF LODI AND
C-1
THEREBY REZONING CERTAIN PROPERTY ON THE WEST
SIDE OF HAM LANE BETWEEN WAL14UT STREET AND
10DI AVENUE TO BE IN THE C-1 NEIGHBORHOOD
COMMERCIAL ZONE" having been introduced at
iiinutes of November 2, 1960 continued
ORD. NO. 693
the regular meeting of October 19, 1960, was
ADOPTED
brought up for passage on motion of Council-
man Brown, Mitchell second. Second reading
was omitted after reading by title, and was
then passed, adopted and ordered to print by
the following vote:
AYES: Councilmen - Brown, Mitchell, Ullmann
and Culbertson
NOES: Councilmen - Katzakian
ABSENT: Councilmen - None
SALARY INC.
ORDINANCE NO. 684, entitled "AN ORDINANCE -
EQUIPMENT
A -MENDING ORDINANCE NO. 682 AND THEREBY IN -
MAINTENANCE
CREASING THE SALARY RANGE FOR EQUIPMENT
MAN
MAINTENANCE MAN" having been introduced at
the regular meeting of October 19, 1960,
ORD. NO. 684
was brought up for passage on motion of Coun-
ADOPTED
cilman Katzakian, Brown second. Second read-
ing was omitted after reading by title, and
was then passed, adopted and ordered to print
.by the following vote:
AYES: Councilmen - Brown, Katzakian, Mit-
chell, Ullmann and
Culbertson
NOES. Councilmen - None
ABSENT: Councilmen - None
POLICE
Councilman Brown moved that the Mayor write
COMPLIMENTED
a letter to the Police Department in commenda-
tion for the record made by one of the police
officers at training school and that a copy"
be sent to the officer. Motion seconded by
Councilman Mitchell and carried.
The Council then adjourned.
ATTEST: BEATRICE SARIBALDI
City Clerk