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HomeMy WebLinkAboutMinutes - March 21, 1973-x.48 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS MARCH Z 1, 1973 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p. m. on Wednesday, %larch Z 1, 1973, in the City Hall Council Chambers. ROLL CALL Present: Councilmen - HUGHES, KATNICH, PINKERTON, SCHAFFER (8:04 p.r_ and EHRHARDT (Mayor) Absent: Councilmen - None Also present: City Manager Henry Claves, City Attorney Robert Mullen, Planning Director James Schroeder and Public Works Director Shelley Jones. INVOCATION The invocation was given by Mayor Ehrhardt. PLEDGE Mayor Ehrhardt led the Pledge of Allegiance to the flag. MIND TES: On motion of Councilman Pinkerton, Katnich second, the Minutes of March 7, I973, were approved as written and mailed. SCHAFFER Councilman Schaffer arrived at approximately 8:04 p.m. ARRIVED PUBLIC HEARINGS REZONE POR. Notice thereof having been published in accordance P -D(3) TO with lav and affidavit of publication being on file in the FLOODPLAIN office of the City Clerk, the Mayor called for the public hearing to consider the recommendation of the Planning ORD. NO. 999 Commission to rezone that portion of Planned -Development INTRODUCED District No. 3 (P -D(3)), which is located within the %tokelumne River floodplain as determined by the U. S. Army Corps of Engineers in August 1970 to be in the F -P, Floodplain District. Planning Director Schroeder introduced the matter and presented a drawing of the area proposed for rezoning. There was no one in the audience wishing to speak either in favor or in opposition to the proposal and the public portion of the hearing was closed. On motion of Councilman Hughes, Katnich second, the Council by unanimous vote introduced Ordinance No. 999 rezoning a portion of Planned -Development District No. 3 (P -D(3)) to be in the Floodplain District. 149 Minutes of March 21, 1973, continued AMEND P -D(4) Notice of public hearing having been published in accord - DISTRICT ance with lave and affidavit of publication being on file in the office of the City Clerk, the Mayor called for the ORD. NO. 1000 public hearing to consider the recommendation of the INTRODUCED Planning Commission to amend the Planned -Development District No. 4 (P -D(4)), which encompasses the English Oaks Manor Subdivision at the northwest corner of Harney Lane and South Hutchins Street as follows: a. That Parcel "F" on the west side of Scarborough Drive between Century Boulevard and Wimbeldon Drive be redesignated from an apartment site at 10 units per acre to Lots 164 through 169 for "Zero Lot Line Houses" and Lots 163 and 170 for standard, two-family purposes; b. That Lots 467 through 478 along Wimbeldon Drive adjacent to the elementary school site be established and approved for standard two-family purposes; C. That the area bounded by Wimbeldon Drive, Winchester Avenue, Harney Lane and South Ham Lane be redesignated in the following manner; (1) Lots 238, 269 through 276; Lots 278 through 291; 300-301; 316-317; 331-332; 349 and 252-253 for standard two-family purposes; (2) Lot 277 (formerly Lots 277 and 278) for standard four -family purposes; and (3) All the remaining lots for standard single- family purposes. d. That the Revised Tentative Subdivision Map of English Oaks Manor as approved by the Planning Commission on Monday, February 26, 1973, become the develop- ment plan for Planned Development District #4(P -D(4)). Planning Director Schroeder discussed the proposed amend- ment as recommended by the Planning Commission and pre- sented a drawing of the Tentative Map. There being no persons in the audience wishing to speak on the matter, the public portion of the hearing was closed. After Council discussion, on motion of Councilman Katnich, Schaffer second, the Council by unanimous vote introduced Ordinance No. 1000 amending the Planned Development No. 4 District as stated above. PLANNING COMMISSION The City Manager gave the following report of the Planning Commission meeting of March 12, 1973; -2- 150 Minutes of March 21, 1973, continued REZONE P -D(2) The Plan n,n> Ccmmissior. recommended that Planned - TO R-1 DIST. Development District No. 2 (P -D(2)), which encompasses the Lone Oak Subdivision, an approximately 21 -acre parcel at the northeast corner of the extension of South Cluff Avenue and East Vine Street be rezoned to R- 1, Single -Family Residential District. On motion of Councilman Katnich, Schaffer second, this matter was set for public hearing on April 4, 1973. ACTIONS OF The Planning Commission also took the following actions INTEREST of interest to the City Council; 1. Reviewed the status of the shopping center portion of Planned Development District No. 1, (P -D(1), Town and Country Development, an approximate 7 -acre site at the southeast corner of West Turner Road and Lower Sacramento Road. 2. Approved the Environmental Impact Report by Meyer, Baumbach and Piazza, Consulting Engineers, for Joaquin Park Subdivision, a 10. 4 -acre, 59 -unit devel- opment located on the east side of Lower Sacramento Road, south of Westlake Subdivision Unit # 1 and north of the future Aladdin Gardens Subdivision Unit #3. 3. Approved the request of Mr. J. T. Ishida to reduce the required street side yard area on South Hutchins Street from 15 feet to 10 feet on a parcel located at the northwest corner of South Hutchins Street and Park Street in an area zoned R -MD, Medium Density Multiple -Family Residential. 4. Approved the request of Mrs. Bertha F reshour for a Variance to reduce the required rear yard from 10 feet to 5 feet and the required side yard from 5 feet to 2-1/2 feet to permit the erection of a carport on a 26 -foot by 50 -foot parcel at 209 South Garfield Street in an area zoned R -HD, High Density Multiple - Family Residential. 5. Denied the request of Rancho Grande Motel by Mr. Leonard Sullivan for a Variance to increase the allowable sign overhang from 6 feet to 8- 1/2 feet to permit an existing sign to remain at 807 South Cherokee Lane in an area zoned C-2, General Commercial. 6. Recommended to the San Joaquin County Planning Commission the approval of the request of Mr. Eugene Behnke by Mr. Rayburn D. Melhaff for a change in zoning from the R-3, Residential District to the R-4, Residential District on the east side of Lilac Street, 100 to 150 feet south of Augusta Street, Town. of Woodbridge. 7. Recommended to the San Joaquin County Development Committee the approval of the request of the Estate of W. T. Tecklenburg for Division of Land at the south- east corner of Wells Lane and Kettleman Lane in an area zoned I -PA, Interim -Protected Agricultural. 1911 151 Minutes of March Z 1, 1973, continued APPEAL- 1,1r. Graves reported that a letter of appeal had been RANCHO GRANDE received from Mr. and Mrs. Leonard Sullivan of the MOTEL Rancho Grande Motel appealing the decision of the Planning Commission in denying their request for a Variance to increase the allowable sign overhang from 6 feet to 8-1/2 feet to permit an existing sign to remain at 807 South Cherokee Lane in ar_ area zoned C-2, General Commercial District. The matter was set for public hearing on April 18, 1973, on motion of Councilman Katnich, Hugnes second. COMMUNICATIONS ABC An application for alcoholic beverage license was re - LICENSE ceived from William Von Flue, Pastime Club, 25 North Sacramento Street, on sale beer, person-to-person transfer. CLAIM FOR The City Clerk presented a claim for personal injuries INJURIES - on behalf of Eldon V. Smith in the amount of $45, 000. E. V. SMITH On motion of Councilman Schaffer, Pinkerton second, the Council rejected the claim and referred it to the City's Agent of Record. CLAIM FOR A claim for personal injuries on behalf of Frances D. INJURIES - Warren, in the amount of $5, 000, plus other expenses, F. D. WARREN was also presented by the City Clerk. The City Council, on motion of Councilman Schaffer, Katnich second, re- jected the claim and referred the matter to the City's Agent of Record. S.J. COUNTY A letter was received from the San Joaquin Development DEVELOPMENT Council setting forth a ten -point proposal for the County COUNCIL of San Joaquin and the Cities within the County. Included in the proposal was the establishment of an agency to be responsible for attracting new industry and commerce to the cities and County. Councilman Pinkerton reported that the San Joaquin Development Council would like a recommendation from each of the City Council's within the County regarding the proposal. No action was taken at this meeting. REPORTS OF THE CITY MANAGER CLAIMS Claims in the amount of $204, 274. 40 were approved on motion of Councilman Katnich, Schaffer second. AWARD - LAKE The City Manager reported that only one bid had been PARK CONCESSIONS received for the Lake Park concessions. The bid was received from Coca-Cola Bottling Company of Stockton RES. NO. 3742 and was for 35% of the gross receipts received, less sales tax. Mr. Glaves recommended the contract for the concessions at the Lodi Lake Park be granted to Coca- Cola Bottling Company for the amount of the bid. On motion of Councilman. Schaffer, Pinkerton second, the Council adopted Resolution No. 3742 awarding the contract for the concessions at Lodi Lake Park to Coca-Cola Bottling Company and authorized the Mayor to sign the agreement on behalf of the City. -4- 152 Minutes of Marcy 21, 1973, continued AWARD - The Cit•• Manager presented bids received for the A-2 PUMPS furnishing pf the A-2 Retention. Basin Pumps as follows: RES. NO. 3743 San Joaquin Pump Co. , Inc. $6,710.00 Clancy Pump & Supply 7, 680.75 Walter G. :`Toack & Son, Inc. 8,523.55 Subgrade Constriction Corp. 8,727.00 Delta Purnps 9,207.05 The City Manager recommended the award be made to the lova bidder for the amount of the bid. On motion of Counci_man S:=haffer, Hughes second, the Council adopted ResoluLon No. 3743 awarding the furnishing of the A-2 Retention: Basi:: pumps to San Joaquin Pump Company for a total of $6, 7 10. VACATE City Manage: Glaves reported that the Public Works EASEMENT - Director had recommended the City Council abandon an WINDSOR TR. easement in L i)t 2 of Windsor Tract. The easement was dedicated to ::e City on March 17, 1954. The Public Works Department had determined there was no present or future use for the easement. On motion of Councilman Schaffer, Katnich second, the Council adopted its Order vacating an easement in Tract No. 3? 1, Windsor Tract. ORIONS, INC. The City Manager submitted a Lease and Concession Agree - LEASE & CON- ment between the City of Lodi and the Orions, Inc. for use CESSION of the Lawrence Park Baseball Stadium and concession AGREEMENT stand for 1973. On motion of Councilman Katnich, Pinkert APPROVED second, the Council approved the Lease and Concession Agreement and authorized the City Manager to execute the RES. NO. 3741 agreement on behalf of the City. RES. NO. 3745 Councilman Katnich asked that the staff review the above agreement to determine if City expenses are being met. SCOUT On motion of Councilman Schaffer, Pinkerton second, the CENTER Council gratefully accepted funds in the approximate FUNDS amount of $2, 000 from the Boy Scout Center Committee; ACCEPTED said funds to be used for the youth activity area at Lodi 1973-74 Lake Park. The Council also directed that letters of appreciation be sent to members of the Boy Scout Center RES. NO. 3741 Committee, Fred M. Brown and Riney Bender, for their RES. NO. 3745 many years of service to the youth of the community in the area of scouting. ANNUAL The City IN/tanager presented a two-year program of the TRANSP, expenditures for Senate Bill 3Z5 funds which include im- CLAI M provement of Hutchins Street from Kettleman Lane to 1972-73 Ham Lane; the replacement of traffic signs throughout 1973-74 the City where necessary to comply with new laws, and the widening of West Lodi Avenue. The Council then RES. NO. 3741 on motion of Councilman Katnich, Pinkerton second, RES. NO. 3745 accepted the recommendation of the City Manager and adopted Resolution No. 37.14 approving the Annual Transportation Claim for fiscal year 1972-73 and authorizing the City Manager to execute the documents pertaining to the claim. -5- Minutes of ivlarch 21, 1973, continued T::^.0 Ceunc__, -a motion of Councilman Katnich, Hughes second, t.nad s a n: cativ a declaration of transit need re- , -a rd -,ng the A-_.ival iran;co.-taticn Claim for fiscal year -- )972--,'3 and autnorized the City Manager to certify the same. Or. motio- of ;u_u.ilrnan Pinkerton, Schaffer second, the Coiuncil a.ut!--zed tine City Manager to certify conformance to the ac•p i�abl=, rules and regulations of Article 8, Chapter 146, Statutes of 1971 regarding the Annual I'rar.spc_rt�t ::•'. Clamm for 1972-73. adoption of Resolution 374; a cv .:g t r Annual Transportation Claim for fiscal year :9731 -7 4 and authorizing the City Manager to exec"ite tFr ;;:z:-c_,.ts pertaining to the claim. The mctior, c.as seconded b Councilman Schaffer and carried. the Cour•_il t%i.-, n on motion of Councilman Katnich, Schaffer v or_d, made a negative declaration of transit need regarding the Annual Transportation Claim for 1y73-74 end authcrizad the City Manager to certify the same. On motion of Coun,:ilman Pinkerton, Hughes second, the Councii authorized the City Manager to certify con- formance to the applicable rules and regulations of Article 8, Chapter 1400, Statutes of 1971 regarding the Annual Transportation Claim for 1973-74. L. SACTO, RD. The City Manager reported that progress on securing R/W the right of `Nay on Lower Sacramento Road between Lodi Avenue and Turner Road had been slowed and it was his recommendation this right of way should be acquired as soon as possible. He recommended the City Council authorize initiation of eminent domain proceeding on the Babcock, Beckman and Erich properties. BABCOCK On motion of Councilman Pinkerton, Schaffer second, PROPERTY the Council unar_imously adopted Resolution No. 3746 RES. NO. 3745 authorizing the City Attorney to start condemnation proceedings fou acquisition_ of a portion of the Babcock property located on Lower Sacramento Road; said property to be used for installation of the 60 -KV line and the Lo%%er Sacramento Road Frontage Road. BECK2oiAN On motlrin -,f Councilman Schaffer, Katnich second, the PROPERTY Council unarlrnoualy adopted Resolution No. 3747 authorizing t_ie City Attorney to start condemnation RES. NO. 3711 proceedings f::r acquisition of a portion of the Beckman property V -gated on Lower Sacramento Road; said property to be u�5ed for installation of the 60 -KV line and the iotrer Sacramento Road Frontage Road. ERICH On motion of Councilman Katnich, Schaffer second, the PROPERTYCouncil unanimously adopted Resolution No. 3748 authoriz- ing the. CLty Attorney to start condemnation proceedings RES. SIO. 3748 for acquisition of a portion of the Erich property located on Lower Sa,.ra.rnento Road; said property to be used for in stallatic,n .,r tk:e 6Q -KV line and the Lower Sacramento Roac !j . 154 Minutes of March Z 1, 1973, continued TINDELL The City Ma_.ager presented an agreement between the AGREEMENT Citi; and Raiphine M. Tindell concerning dedication of propert;; on =.ower Sacramento Road. On motion of Councilman Schaffer, Hughes second, the Council ap- proved the agreement and authorized the City Manager to sign the same on behalf of the City. LEGAL City Manager Claves presented an employment agree - SERVICES ment between :he city of Lodi and Litts, Mullen, AGREEMENT Peroviel- and Sullivan, attorneys at law, authorizing and for extra ordinary services r.::,t ca. e .'. F' • the ,_ontract now existing. On motion of Cou.acilrnan 1<atnich, }.affcr second, the Council unani;xicc.sly approved the agreement and authorized the City Manager to execute same on behalf of the City. PT & T Or, mot_cn oZ Councilman Katnich, Schaffer second, the AGREEMEN rS Council adcpced Resolution No. 3749 authorizing execution of two High Voltage Joint Use Agreements dated March 14, RES. NO. 3749 1973, betvween the Pacific Telephone and Telegraph Company and tine City of Lodi. HALE PARK The City Council, on motion cf Councilman Schaffer, RECR. CENTER Katnich second, approved a supplemental allocation in the amount cf $18, 635 for the renovation of the Hale Park Recreation Center. VAUGHAN The City Manager reported that the Library Board at its PROPERTY meeting of March 19, 1973, had requested the City Council to authorize eminent domain proceedings to RES. NO. 3750 obtain the Vaughan property located at Z23 West Locust Street, adjacent to property recently purchased for the proposed library site. On motion of Councilman Katnich, Mayor Ehrhardt second, the Council unanimously adopted Resolution No. 3750 authorizing the City Attorney to start condemnation proceedings for acquisition of the Vaughan property. ALLEYS Mayor Ehrhardt said he had observed that citizens were placing garbage containers in alleys and this was creating traffic problems. He requested the staff to investigate this and to report back to the Council. MANPOWER Mr. Glaves told the Council it would be necessary for TRAINING the cities within San Joaquin County and the County to determine the desired form of organization for the Manpower Training program. He said there were various proposals available and he would submit in- formation to the Council for review. ADJOURNMENT There being nn further business, the meeting was ad- journed on motion of Councilman Katnich at approximately 9:53 p.m. Attcst; 13ESSIE L,,. BENNETT City Clerk W